fitted with, designed or modified to accommodate mountings for arms or other specialized military equipment. (b) Military tanks, tank recovery vehicles, halftracks and gun carriers. (c) Self-propelled guns and howitzers. NOTE: Category VII (d) and (e) of "Munitions List" deleted as inapplicable to imports. (f) Amphibious vehicles. (g) All specifically designed components, parts, accessories, attachments, and associated equipment, including military bridging and deep water fording kits for the articles in this Category. CATEGORY VIII-AIRCRAFT, SPACECRAFT, AND ASSOCIATED EQUIPMENT 8 (a) Aircraft including helicopters designed, modified, or equipped for military designation. (4) All liaison aircraft bearing an "L" purposes, including but not limited to the following: Gunnery, bombing, rocket, or missile launching, electronic surveillance, reconnaissance, refueling, aerial mapping, military liaison, cargo carrying or dropping, personnel dropping, military trainers, drones, and lighter-than-air aircraft. NOTE: Category VIII (b) through (1) and Categories IX through XII of "Munitions List" deleted as inapplicable to imports. CATEGORY XIV-TOXICOLOGICAL AGENTS AND EQUIPMENT, RADIOLOGICAL EQUIPMENT ' (a) Chemical agents, including lung irritants, vesicants, lachrymators, and tear adaptation features for deep water fording and sealed electrical systems. (a) The term "aircraft" used in Category VIII means aircraft designed, modified, or equipped for military purpose as specified in Category VIII, including so-called "demilitarized" aircraft. (b) Regardless of demilitarization, all aircraft bearing an original military designation are included in Category VIII, except the following aircraft which have not been specifically equipped, reequipped, or modified for military operations: (1) Cargo aircraft bearing "C" designations C-45 through C-118 inclusive, and C-121. (2) Trainer aircraft bearing "T" designations and using reciprocating engines only. (3) Utility aircraft bearing "U" designations and using reciprocating engines only. (See Category XIV (a).) A chemical agent is a substance useful in war which, by its ordinary and direct chemical action, produces a powerful physiological effect. The term "chemical agents" includes but is not limited to the following compounds: 1. Lung irritants: chemical (a) Diphenylcyanorarsine (DC). (b) Fluorine (but not fluorene). (c) Trichloronitro methane (Chlorpicrin PS). 84-088-73- -8 gases, sternutators, and irritant smoke, and nerve gases and incapacitating agents. (b) Biological agents adapted for use in war to produce death or disablement in human beings or animals or to damage crops and plants. (c) Equipment for dissemination, detection, and identification of, and defense against the articles in paragraphs (a) and (b) of this category. (d) Nuclear radiation detection and measuring devices, except such devices as are in normal commercial use. (e) Components, parts, accessories, attachments, and associated equipment specifically designed or modified for the articles in paragraphs (c) and (d) of this category. 105 NOTE: Category XV of "Munitions List" deleted as inapplicable to imports. CATEGORY XVI-NUCLEAR WEAPONS DESIGN AND TEST EQUIPMENT (a) Any article, material, equipment, or device, which is specifically designed or specifically modified for use in the design, development, or fabrication of nuclear weapons or nuclear explosive devices. (b) Any article, material, equipment, or device, which is specifically designed or specifically modified for use in the devising, carrying out, or evaluating of nuclear weap2. Vesicants: (a) B Chlorvinyldichlorarsine (Lewisite, L). (b) Bisdichlorethyl sulphide (Mustard (c) Ethyldichloroarsine (ED). (d) Dichlorodimethyl ether (CLCL). (f) Phenylcarbylamine chloride. 4. Sternutators and irritant smokes: (a) Diphenylaminechloroarsine (Adams- (b) Diphenylchlorarsine (BA). 5. Nerve gases. These are toxic compounds as: (a) (b) Dimethylaminoethoxycyanophos phine oxide (GA). Methylisopropoxyfluorophosphine oxide (GB). (c) Methylpinacolyloxyfluoriphosphine oxide (GD). 6. Antiplant chemicals: (a) Cutyl, 2,4-dichlorophenoxyacetate (LNA). (b) 2,4,5 (LNB). trichlorophenoxyacetate (c) Butyl 2-chloro-4-fluorophenoxyace tate (LNF). ons tests or any other nuclear explosions except such items as are in normal commercial use for other purposes. (c) Cold cathode tubes such as krytrons and sprytrons. NOTE: Categories XVII and XVIII of "Munitions List" deleted as inapplicable to imports. CATEGORY XIX-[RESERVED] CATEGORY XX-OCEANOGRAPHIC AND (a) Submersible vessels, manned and unmanned, designed for military purposes or having independent capability to maneuver vertically or horizontally at depths below 1,000 feet. (b) Submersible vessels, manned or unmanned, designed in whole or in part from technology developed by or for the U.S. Armed Forces. (c) Any of the articles in Categories VI, IX, XI, XIII and elsewhere in this list that may be used with submersible vessels. (d) Equipment, components, parts, accessories, and attachments designed specifically for any of the articles in paragraphs (a) and (b) of this category. CATEGORY XXI- [RESERVED] CATEGORY XXII-MISCELLANEOUS ARTICLES Any article not enumerated herein having significant military applicability, determined by the Director, Office of Munitions Control, Department of State, in consultation with appropriate agencies of the Government and having the concurrence of the Department of Defense. [35 F.R. 5682, Apr. 8, 1970; 35 F.R. 6130, Apr. 15, 1970] Items in a partially completed state, such as forgings, castings, extrusions, and machined bodies of any of the articles enumerated on the Import List which have reached a stage in manufacture where they are clearly identifiable as arms, ammunition, and implements of war are considered to be such articles for the purposes of section 414 of the Mutual Security Act, as amended. § 180.5 Forms prescribed. The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished, as indicated by the headings on the form and the instructions thereon or issued in respect thereto, and as required by this part. Any oceanographic and associated equipment assigned a military designation shall constitute an article on the U.S. Munitions List, whether expressly enumerated therein. Subpart B-Definitions § 180.11 Meaning of terms. When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine. The terms "includes" and "including" do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof. Assistant Regional Commissioner. An Assistant Regional Commissioner, Alcohol, Tobacco, and Firearms, who is responsible to, and who functions under the direction and supervision of, a Regional Commissioner of Internal Revenue. CFR. The Code of Federal Regulations. Director. The Director, Alcohol, Tobacco, and Firearms Division, Internal Revenue Service, Treasury Department, Washington, D.C. 20224. Import or Importation. The term "import" or "importation" means bringing into the United States from a foreign country any of the articles on the Import List but shall not include intransit, temporary import or temporary export transactions subject to State Department controls under Title 22, Code of Federal Regulations. Import List. The list of articles contained in § 180.3 and identified therein as "The United States Munitions Import List." Permit. The term "permit" means the same as "license" for purposes of 22 U.S.C. 1934 (c). Person. The term "person" includes a partnership, company, association or corporation, as well as a natural person. This chapter, Chapter I, Title 26, Code of Federal Regulations. United States. When used in a geographical sense, the term "United States" ir cludes the several States, the insular possessions of the United States, the Canal Zone, the District of Columbia, and any territory over which the United States exercises all and any powers of administration, legislation and jurisdiction. U.S.C. The United States Code. Subpart C-Registration § 180.21 Registration requirement. Persons engaged in the business, in the United States, of importing articles enumerated on the Import List must register with the Director. § 180.22 Procedure. (a) Application for registration shall be filled on Form 4587, in duplicate, with the Director, and shall be accompanied by the registration fee at the rate prescribed in this section. On approval of the application by the Director, he will return the original to the applicant. (b) Registration may be effected for periods of from 1 to 5 years at the option of the registrant by identifying on Form 4587 the period of registratior. desired. The registration fees are as follows: (c) No partial refund will be made of any registration fee paid and no registration fee will be refunded unless the Director finds that the person making application for registration is not engaged in the business of importing arms, ammunition or implements of war and is not required to register or pay the prescribed fee under this part. § 180.23 Notification of changes in in formation furnished by registrants. Registered persons shall notify the Director in writing, in duplicate, of significant changes in the information set forth in their registration application (Form 4587). § 180.24 Maintenance of records by persons required to register as importers of Import List articles. (a) Registrants under this part engaged in the business of importing articles subject to controls under Parts 178 and 179 of this chapter shall maintain records in accordance with the applicable provisions of those parts. (b) Registrants under this part engaged in importing articles on the Import List subject to the permit procedures of Subpart D of this part shall maintain for a period of 6 years, subject to inspection by any internal revenue officer, records bearing on such articles imported, including records concerning their acquisition and disposition by the registrant. The Director may prescribe a longer or shorter period in individual cases as he deems necessary. Subpart D-Importations Other Than Those Subject to Import Controls Under Paris 178 and 179 of This Chapter § 180.31 Permit requirement. (a) Articles on the Import List not subject to import control under Part 178 and 179 of this chapter shall not be imported into the United States except pursuant to a permit under this subpart issued by the Director. (b) Articles on the Import List shall not be imported into the United States destined for the Panama Canal Zone except pursuant to a permit under this subpart issued by the Director. (c) Articles on the Import List intended for the United States or any State or political subdivision thereof, or the District of Columbia, which are exempt from the import controls of § 178.115 of this chapter shall not be imported into the United States, except by the United States or an agency thereof, without first obtaining a permit issued by the Director under this subpart. (d) A permit is not required for the importation of (1) the Import List articles from Canada not subject to the import controls of Part 178 or 179 of this chapter; or (2) minor components and parts for Category I(a) firearms, except barrels, cylinders, receivers (frames) or complete breech mechanisms, when the total value does not exceed $100 in any single transaction. § 180.32 Application for permit. Persons required to obtain a permit as provided in § 180.31 shall file Form 6, in triplicate, with the Director. On approval of the application by the Director, he will return the original to the applicant. Such approved application will serve as the permit. § 180.33 Terms of permit. (a) Import permits issued under this subpart are valid for 6 months from their issuance date unless a different period of validity is stated thereon. They are not transferable. (b) If shipment cannot be completed during the period of validity of the permit, another application must be submitted for permit to cover the unshipped balance. Such an application shall make reference to the previous permit and may include materials in addition to the unshipped balance. (c) No amendments or alteration of a permit may be made except by the Director. No photographic or other copy of an original permit, unless certified by the Director, may be used to effect Customs release. § 180.34 Permit denial, revocation or suspension. (a) Import permits under this subpart may be denied, revoked, suspended or revised without prior notice whenever the Director finds the proposed importation to be inconsistent with the purpose or in violation of section 414 of the Mutual Security Act of 1954 or the regulations in this part. (b) Whenever, after appropriate consideration, a permit application is denied or an outstanding permit is revoked, suspended, or revised, the applicant or permittee shall be promptly advised in writing of the Director's decision and the reasons therefor. (c) Upon written request made within 30 days after receipt of an adverse decision, the applicant or permittee shall be accorded an opportunity to present additional information and to have a full review of his case by the Director. (d) Unused, expired, suspended, or revoked permits must be returned immediately to the Director. § 180.35 Importation. (a) Articles subject to the import permit procedures of this subpart imported into the United States may be released from Customs custody to the person authorized to import same upon his showing that he has a permit from the Director for the importation of the article or articles to be released. In obtaining the release from Customs custody of an article imported pursuant to permit, the permit holder shall prepare Form 6A (Firearms), in duplicate, and furnish the original to the Customs officer releasing the article. The Customs officer shall, after certification, forward the Form 6A (Firearms) to the Assistant Regional Commissioner for the region wherein the importer maintains his place of business. (b) Within 15 days of the date of their release from Customs custody, the im porter of the articles released shall forward to the Assistant Regional Commissioner a copy of Form 6A (Firearms) on which shall be reported any error or discrepancy appearing on the Form 6A (Firearms) certified by Customs. § 180.36 Articles in transit. Articles subject to the import permit. procedures of this subpart which enter the United States for temporary deposit pending removal therefrom and such articles which are temporarily taken out of the United States for return thereto shall be regarded as in transit and will. be considered neither imported nor exported. Such transactions are subject to the Intransit or Temporary Export License procedures of the Department of State (see 22 CFR Part 123). Subpart E-Miscellaneous Provisions § 180.41 Import certification and delivery verification. Pursuant to agreement with the United States, certain foreign countries are entitled to request certification of legality of importation of articles on the Import List. Upon request of a foreign government, the Director will certify the importation, on Form FC-826/IRS4522, for the U.S. importer. Normally, the U.S. importer will submit this form to the Director at the time he applies for an import permit. This document will serve as evidence to the government of the exporting company that the U.S. importer has complied with import regulations of the U.S. Government and is prohibited from diverting, transshipping, or reexporting the material described therein without the approval of the U.S. Government. Foreign governments may also require documentation attesting to the delivery of the material into the United States. When such delivery certification is requested by a foreign government, the U.S. importer may obtain directly from the U.S. District: Director of Customs the authenticated Delivery Verification (Form FC-908) for this purpose. § 180.42 Import restrictions applicableto certain countries. Applications for permits to import articles on the Import List will be disapproved and the permit denied if such articles (a) originated in any of the following countries: Albania, Bulgaria, Communist China, 'Cuba, Czechoslovakia, East Germany, Estonia, Hungary, Latvia, Lithuania, North Korea, Outer Mongolia, Poland, Rumania, Union of Soviet Socialist Republics; or (b) originated in any of the area of Viet-Nam which is under de facto Communist control, or any other area, as determined by the Department of State, from which the importation of Import List articles would not be in furtherance of world peace and the security and foreign policy of the United States; or (c) were made from materials originating in Southern Rhodesia and designated in section (a) of Executive Order 11322 dated January 5, 1967 (32 F.R. 119). § 180.43 Exemptions. (a) The provisions of this part are not applicable to: (1) Importations by the United States or any agency thereof; (2) Importation of components for items being manufactured under contract for the Department of Defense; or (3) Importation of articles (other than those which would be "firearms" as defined in 18 U.S.C. 921(a) (3)) manufactured in foreign countries for persons in the United States pursuant to State Department approval. (b) Any person seeking to import articles on the Import List as exempt under subparagraph (2) or (3) of paragraph (a) of this section may obtain release of such articles from Customs custody by submitting, to the Customs officer with authority to release, a statement claiming the exemption accompanied by satisfactory proof of eligibility. Such proof may be in the form of a letter from the Department of Defense or State, as the case may be, confirming that the conditions of the exemption are met. § 180.44 Administrative procedures inapplicable. The functions conferred under section 414 of the Mutual Security Act of 1954, as amended, are excluded from the operation of Chapter 5, Title 5, United States Code, with respect to Rule Making and Adjudication, 5 U.S.C. 553 and 554. § 180.45 Departments of State and Defense consulted. The administration of the provisions of this part will be subject to the guidance of the Secretary of State on matters affecting world peace and the external security and foreign policy of the United States. § 180.46 Authority of Customs officers. (a) Officers of the Bureau of Customs are authorized to take appropriate action to assure compliance with this part and with Parts 178 and 179 of this chapter as to the importation or attempted importation of articles on the Import List, whether or not authorized by permit. (b) Upon the presentation to him of a permit or written approval authorizing importation of articles on the Import List, the Customs officer who has authority to release same may require, in addition to such documents as may be required by Customs regulations, the production of other relevant documents relating to the proposed importation, including, but not limited to, invoices, orders, packing lists, shipping documents, correspondence, and instructions. § 180.47 U.S. military firearms or ammunition.10 (a) Notwithstanding any other provision of this part or of Part 178 of this chapter, no military firearms or ammunition of U.S. manufacture may be imported for sale in the United States (other than for the Armed Forces of the United States and its allies or for any State or local law enforcement agency) if such articles were furnished to foreign governments under a U.S. foreign assistance program. This prohibition is ap 10 The Gun Control Act of 1968 (18 U.S.C. 922(1) and 925(d)), in general, prohibits importation of military surplus firearms, regardless of source, except for a governmental entity. |