ATF Final Rule Clarifies Control Over Arms Imports Given USML Changes
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule clarifying its control over permanent imports of defense articles, in light of the removal of some items from the State Department’s U.S. Munitions List as part of Export Control Reform. The final rule amends 27 CFR 447 to remove a cross reference to the USML; clarifies that the Attorney General has the authority to control defense articles for permanent import, regardless of the State Department’s decisions on whether those articles are controlled for export or temporary import; and clarifies that articles controlled for import by the Attorney General are part of the USML. The final rule is effective April 22.
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Defense articles controlled for permanent import by the Attorney General are included on the U.S. Munitions Import List (USMIL). To date, the USMIL has been treated as a subset of the State Department’s USML, despite the Justice Department’s authority for administering USMIL controls. The ATF’s regulations at 22 CFR 447 currently adopt the USML, and specify that the USMIL is a subset of the USML.
To maintain USMIL controls on imports of firearms, despite some defense articles being moved off the USML as a result of export control reform, the final rule removes the language adopting the USML from the USMIL. The amended regulations refer only to authority granted by the Arms Export Control Act.
To clarify the ATF’s control over permanent imports of defense articles in light of Export Control Reform, the final rule also amends 22 CFR 447 to do the following:
- Clarify that ATF exercises delegated authority to designate defense articles and services for inclusion on the USML for purposes of permanent import controls, regardless of whether the articles are controlled by the State Department for temporary import;
- Clarify that the defense articles and services controlled for permanent import pursuant to the AECA authority delegated to ATF appear in the permanent import control list labeled the USMIL, set out at 27 CFR Part 447, and that the USMIL is a subset of the USML pursuant to the AECA.