Firearms Licensing And Consulting Group, LLC

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Exporting Firearms for Federal Firearms Licensees

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Is a FFL required to export firearms?

Exporting firearms as a business requires persons engaged maintain the appropriate FFL license authorizing them to deal in firearms. Persons who desire to engage in the exportation of defense articles (including firearms) should become familiar with the Arms Export Control Act (AECA) and ITAR (regulations). They should also become familiar with requirements of the U.S. State Department and Department of Commerce including annual registration. Potential exporters should also consider the increased cost of registration required; usually $2,250 annually for most exporters of firearms.

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What are the basic requirements for exporting firearms?

As of this writing there is no specific “Exporter’s” license that can be obtained. Persons engaged in the business of exporting firearms will generally fall under the category of “Dealer” under the Gun Control Act (GCA) and posses a Type 01 FFL. Persons engaged in the business as a dealer in firearms, and properly licensed under the GCA have the authority to export firearms. Licenses to export firearms are granted on an individual basis depending on the type of firearms to be exported. The United States Department of State has jurisdiction, and issues licenses to export all types of firearms except shotguns. Shotguns fall under the jurisdiction of the U.S. Department of Commerce.

What regulations govern the exportation of firearms?

Federal Firearms Licensees (FFLs) are required to keep records of the acquisition and disposition of firearms, including exported firearms, as outlined in the GCA and 27 CFR Part 478. The exportation of firearms is regulated by federal law under the Arms Export Control Act (AECA) 22 U.S.C. § 2778 and Executive Order 13637 of March 8th, 2013.

Are there any registration requirements for persons who are in the business of exporting defense articles?

Persons who engage in the exportation or manufacture of defense articles must register with the U.S. Department of State Directorate of Defense Trade Controls (DDTC). The registration is a pre-condition to the issuance of export licenses. The registration fee required is $2,250 and may be more depending on your particular circumstances.

What is ITAR, and how does it affect me as an exporter of firearms?

ITAR- International Traffic in Arms Regulations 22 CFR Part 120 refers to the regulations that implement pertinent sections of the AECA. As an exporter of regulated items, you must be familiar with and comply with the provision of ITAR. The annual edition of ITAR is published yearly on April 1. Amendments to ITAR occurring in between publications can be found in the Federal Register.

What forms are required for the exportation of firearms?

In general, most common firearms exported will require the applicant to file a DSP-5 (Application/License for the Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data). Exporters should be extremely careful in the execution of the DSP-5. As with any federal form or application, errors and omissions will likely result in the return of the application to the applicant without approval.

The DDTC allows for electronic submission of the DSP-5 via DTrade. Dtrade allows for registered exporters to electronically file export license applications. License application may still be submitted via hard copy. However, the DDTC encourages all exporters to submit license applications via electronic means. Exporters may check the status of their applications through electronic means as well.

Additional documentation may be required depending on the specific firearms to be exported. Exportations will also require documentation indicating import approval from foreign countries as well as other administrative documents.