CFR Title 27 Vol 3-Part 447

SUBCHAPTER A [RESERVED]
SUBCHAPTER B—FIREARMS AND AMMUNITION
PARTS 400–446 [RESERVED]

Subpart G—Penalties, Seizures and
Forfeitures

PART
447—IMPORTATION
OF
ARMS, AMMUNITION AND IMPLEMENTS OF WAR

447.61 Unlawful importation.
447.62 False statements or concealment of
facts.
447.63 Seizure and forfeiture.
AUTHORITY: 22 U.S.C. 2778.

Subpart A—Scope

SOURCE: T.D. ATF–8, 39 FR 3251, Jan. 25,
1974, unless otherwise noted. Redesignated
by T.D. ATF–487, 68 FR 3747, Jan. 24, 2003.

Sec.
447.1 General.
447.2 Relation to other laws and regulations.

EDITORIAL NOTE: Nomenclature changes to
part 447 appear at 68 FR 3748, Jan. 24, 2003.

Subpart B—Definitions
447.11

Subpart A—Scope

Meaning of terms.

§ 447.1 General.
The regulations in this part relate to
that portion of Section 38, Arms Export Control Act of 1976, as amended,
which is concerned with the importation of arms, ammunition and implements of war. This part contains the
U.S. Munitions Import List and includes procedural and administrative
requirements and provisions relating
to registration of importers, permits,
articles in transit, import certification, delivery verification, import restrictions applicable to certain countries, exemptions, U.S. military firearms or ammunition, penalties, seizures, and forfeitures. All designations
and changes in designation of articles
subject to import control under Section 414 of the Mutual Security Act of
1954, as amended, have the concurrence
of the Secretary of State and the Secretary of Defense.

Subpart C—The U.S. Munitions Import List
447.21 The U.S. Munitions Import List.
447.22 Forgings, castings, and machined
bodies.

Subpart D—Registration
447.31 Registration requirement.
447.32 Application for registration and refund of fee.
447.33 Notification of changes in information furnished by registrants.
447.34 Maintenance of records by persons required to register as importers of Import
List articles.
447.35 Forms prescribed.

Subpart E—Permits

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447.41 Permit requirement.
447.42 Application for permit.
447.43 Terms of permit.
447.44 Permit denial, revocation or suspension.
447.45 Importation.
447.46 Articles in transit.

Subpart F—Miscellaneous Provisions

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42158, Oct.
18, 1985]

447.51 Import certification and delivery
verification.
447.52 Import restrictions applicable to certain countries.
447.53 Exemptions.
447.54 Administrative procedures inapplicable.
447.55 Departments of State and Defense
consulted.
447.56 Authority of Customs officers.
447.57 U.S. military defense articles.
447.58 Delegations of the Director.

§ 447.2 Relation to other laws and regulations.
(a) All of those items on the U.S. Munitions Import List (see § 447.21) which
are ‘‘firearms’’ or ‘‘ammunition’’ as defined in 18 U.S.C. 921(a) are subject to
the interstate and foreign commerce
controls contained in Chapter 44 of
Title 18 U.S.C. and 27 CFR Part 478 and
if they are ‘‘firearms’’ within the definition set out in 26 U.S.C. 5845(a) are

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§ 447.11

27 CFR Ch. II (4–1–10 Edition)
plural form shall include the singular,
and vice versa, and words imparting
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.
Appropriate ATF officer. An officer or
employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) specified by
ATF Order 1130.34, Delegation of the
Director’s Authorities in 27 CFR Part
447, Importation of Arms, Ammunition
and Implements of War.
Article. Any of the arms, ammunition, and implements of war enumerated in the U.S. Munitions Import List.
Bureau. Bureau of Alcohol, Tobacco
and Firearms, the Department of the
Treasury.
Carbine. A short-barrelled rifle whose
barrel is generally not longer than 22
inches and is characterized by light
weight.
CFR. The Code of Federal Regulations.
Chemical agent. A substance useful in
war which, by its ordinary and direct
chemical action, produces a powerful
physiological effect.
Defense articles. Any item designated
in § 447.21 or § 447.22. This term includes
models, mockups, and other such items
which reveal technical data directly relating to § 447.21 or § 447.22.
Defense services. (a) The furnishing of
assistance, including training, to foreign persons in the design, engineering,
development, production, processing,
manufacture, use, operation, overhaul,
repair, maintenance, modification, or
reconstruction of defense articles,
whether in the United States or
abroad; or
(b) The furnishing to foreign persons
of any technical data, whether in the
United States or abroad.
Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington,
DC 20226.
Executed under the penalties of perjury.
Signed with the prescribed declaration
under the penalties of perjury as provided on or with respect to the application, form, or other document or,

also subject to the provisions of 27 CFR
Part 479. Any person engaged in the
business of importing firearms or ammunition as defined in 18 U.S.C. 921(a)
must obtain a license under the provisions of 27 CFR Part 478, and if he imports firearms which fall within the
definition of 26 U.S.C. 5845(a) must also
register and pay special tax pursuant
to the provisions of 27 CFR Part 479.
Such licensing, registration and special
tax requirements are in addition to
registration under subpart D of this
part.
(b) The permit procedures of subpart
E of this part are applicable to all importations of articles on the U.S. Munitions Import List not subject to controls under 27 CFR Part 478 or 479. U.S.
Munitions Import List articles subject
to controls under 27 CFR Part 478 or 27
CFR Part 479 are subject to the import
permit procedures of those regulations
if imported into the United States
(within the meaning of 27 CFR Parts
478 and 479).
(c) Articles on the U.S. Munitions
Import List imported for the United
States or any State or political subdivision thereof are exempt from the
import controls of 27 CFR Part 478 but
are not exempt from control under Section 38, Arms Export Control Act of
1976, unless imported by the United
States or any agency thereof. All such
importations not imported by the
United States or any agency thereof
shall be subject to the import permit
procedures of subpart E of this part.
(d) For provisions requiring the registration of persons engaged in the
business of brokering activities with
respect to the importation of any defense article or defense service, see Department of State regulations in 22
CFR part 129.
[T.D. ATF–215, 50 FR 42158, Oct. 18, 1985, as
amended by T.D. ATF–426, 65 FR 38197, June
20, 2000]

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Subpart B—Definitions
§ 447.11 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

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice

§ 447.21

This chapter. Title 27, Code of Federal
Regulations, Chapter II (27 CFR Chapter II).
United States. When used in the geographical sense, includes the several
States, the Commonwealth of Puerto
Rico, the insular possessions of the
United States, the District of Columbia, and any territory over which the
United States exercises any powers of
administration, legislation, and jurisdiction.

where no form of declaration is prescribed, with the declaration: ‘‘I declare under the penalties of perjury
that this llllll (insert type of
document such as statement, certificate, application, or other document),
including the documents submitted in
support thereof, has been examined by
me and, to best of my knowledge and
belief, is true, correct, and complete.’’
Firearms. A weapon, and all components and parts therefor, not over .50
caliber which will or is designed to or
may be readily converted to expel a
projectile by the action of an explosive,
but shall not include BB and pellet
guns, and muzzle loading (black powder) firearms (including any firearm
with a matchlock, flintlock, percussion
cap, or similar type of ignition system)
or firearms covered by Category I(a)
established to have been manufactured
in or before 1898.
Import or importation. 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 Department of
State controls under Title 22, Code of
Federal Regulations.
Import List. The list of articles contained in § 447.21 and identified therein
as ‘‘The U.S. Munitions Import List’’.
Machinegun. A ‘‘machinegun’’, ‘‘machine pistol’’, ‘‘submachinegun’’, or
‘‘automatic rifle’’ is a firearm originally designed to fire, or capable of
being fired fully automatically by a
single pull of the trigger.
Permit. The same as ‘‘license’’ for
purposes of 22 U.S.C. 1934(c).
Person. A partnership, company, association, or corporation, as well as a
natural person.
Pistol. A hand-operated firearm having a chamber integral with, or permanently aligned with, the bore.
Revolver. A hand-operated firearm
with a revolving cylinder containing
chambers for individual cartridges.
Rifle. A shoulder firearm discharging
bullets through a rifled barrel at least
16 inches in length, including combination and drilling guns.
Sporting type sight including optical. A
telescopic sight suitable for daylight
use on a rifle, shotgun, pistol, or revolver for hunting or target shooting.

(26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49
Stat. 981 as amended), 18 U.S.C. 926 (82 Stat.
959), and sec. 38, Arms Export Control Act (22
U.S.C. 2778, 90 Stat. 744))
[T.D. ATF–48, 43 FR 13535, Mar. 31, 1978; 44
FR 55840, Sept. 28, 1979, as amended by T.D.
ATF–202, 50 FR 14382, Apr. 12, 1985; T.D. ATF–
215, 50 FR 42158, Oct. 18, 1985; T.D. ATF–484,
67 FR 64526, Oct. 21, 2002; T.D. ATF–9F, 72 FR
72938, Dec. 26, 2007]

Subpart C—The U.S. Munitions
Import List
§ 447.21 The
List.

U.S.

Munitions

The U.S. Munitions List compiled by
the Department of State, Office of Defense Trade Controls, and published at
22 CFR 121.1, with the deletions indicated, has been adopted as an enumeration of the defense articles subject to
controls under this part. The expurgated list, set out below, shall, for the
purposes of this part, be known as the
U.S. Munitions Import List:
THE U.S. MUNITIONS IMPORT LIST
CATEGORY I—FIREARMS

(a) Nonautomatic and semiautomatic firearms, to caliber .50 inclusive, combat shotguns, and shotguns with barrels less than 18
inches in length, and all components and
parts for such firearms.
(b) Automatic firearms and all components
and parts for such firearms to caliber .50 inclusive.
(c)
Insurgency-counterinsurgency
type
firearms of other weapons having a special
military application (e.g. close assault weapons systems) regardless of caliber and all
components and parts for such firearms.
(d) Firearms silencers and suppressors, including flash suppressors.
(e) Riflescopes manufactured to military
specifications and specifically designed or
modified components therefor.

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§ 447.21

27 CFR Ch. II (4–1–10 Edition)

NOTE: Rifles, carbines, revolvers, and pistols, to caliber .50 inclusive, combat shotguns, and shotguns with barrels less than 18
inches in length are included under Category
I(a). Machineguns, submachineguns, machine
pistols and fully automatic rifles to caliber
.50 inclusive are included under Category
I(b).

boosters, guidance system equipment and
parts, launching racks and projectors, pistols
(exploders), igniters, fuze arming devices,
intervalometers, guided missile launchers
and specialized handling equipment, and
hardened missile launching facilities.
(d) Missile and space vehicle powerplants.
(e) Military explosive excavating devices.
(f) Ablative materials fabricated or semifabricated from advanced composites (e.g.,
silica, graphite, carbon, carbon/carbon, and
boron filaments) for the articles in this category that are derived directly from or specifically developed or modified for defense
articles.
(g) Non/nuclear warheads for rockets and
guided missiles.
(h) All specifically designed components or
modified components, parts, accessories, attachments, and associated equipment for the
articles in this category.
NOTE: Military demolition blocks and
blasting caps referred to in Category IV(a) do
not include the following articles:
(a) Electric squibs.
(b) No. 6 and No. 8 blasting caps, including
electric ones.
(c) Delay electric blasting caps (including
No. 6 and No. 8 millisecond ones).
(d) Seismograph electric blasting caps (including SSS, Static-Master, Vibrocap SR,
and SEISMO SR).
(e) Oil well perforating devices.
NOTE: Category V of ‘‘Munitions List’’ deleted as inapplicable to imports.

CATEGORY II—ARTILLERY PROJECTORS

(a) Guns over caliber .50, howitzers, mortars, and recoiless rifles.
(b) Military flamethrowers and projectors.
(c) Components, parts, accessories, and attachments for the articles in paragraphs (a)
and (b) of this category, including but not
limited to mounts and carriages for these articles.
CATEGORY III—AMMUNITION

(a) Ammunition for the arms in Categories
I and II of this section.
(b) Components, parts, accessories, and attachments for articles in paragraph (a) of
this category, including but not limited to
cartridge cases, powder bags, bullets, jackets, cores, shells (excluding shotgun shells),
projectiles, boosters, fuzes and components
therefor, primers, and other detonating devices for such ammunition.
(c) Ammunition belting and linking machines.
(d) Ammunition manufacturing machines
and ammunition loading machines (except
handloading ones).
NOTE: Cartridge and shell casings are included under Category III unless, prior to
their importation, they have been rendered
useless beyond the possibility of restoration
for use as a cartridge or shell casing by
means of heating, flame treatment, mangling, crushing, cutting, or popping.

CATEGORY VI—VESSELS OF WAR AND SPECIAL
NAVAL EQUIPMENT

(a) Warships, amphibious warfare vessels,
landing craft, mine warfare vessels, patrol
vessels, auxiliary vessels and service craft,
experimental types of naval ships and any
vessels specifically designed or modified for
military purposes.
(b) Turrets and gun mounts, arresting gear,
special weapons systems, protective systems,
submarine storage batteries, catapults and
other components, parts, attachments, and
accessories specifically designed or modified
for combatant vessels.
(c) Mine sweeping equipment, components,
parts, attachments and accessories specifically designed or modified therefor.
(d) Harbor entrance detection devices
(magnetic, pressure, and acoustic ones) and
controls and components therefor.
(e) Naval nuclear propulsion plants, their
land prototypes and special facilities for
their construction, support and maintenance. This includes any machinery, device,
component, or equipment specifically developed or designed or modified for use in such
plants or facilities.
NOTE: The term ‘‘vessels of war’’ includes,
but is not limited to the following:
(a) Combatant vessels:

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CATEGORY IV—LAUNCH VEHICLES, GUIDED MISSILES, BALLISTIC MISSILES, ROCKETS, TORPEDOES, BOMBS AND MINES

(a) Rockets (including but not limited to
meteorological and other sounding rockets),
bombs, grenades, torpedoes, depth charges,
land and naval mines, as well as launchers
for such defense articles, and demolition
blocks and blasting caps.
(b) Launch vehicles and missile and antimissile systems including but not limited to
guided, tactical and strategic missiles,
launchers, and systems.
(c) Apparatus, devices, and materials for
the handling, control, activation, monitoring, detection, protection, discharge, or
detonation of the articles in paragraphs (a)
and (b) of this category. Articles in this category include, but are not limited to, the following: Fuses and components for the items
in this category, bomb racks and shackles,
bomb shackle release units, bomb ejectors,
torpedo tubes, torpedo and guided missile

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(1) Warships (including nuclear-powered
versions):
(i) Aircraft carriers (CV, CVN)
(ii) Battleships (BB)
(iii) Cruisers (CA, CG, CGN)
(iv) Destroyers (DD, DDG)
(v) Frigates (FF, FFG)
(vi) Submarines (SS, SSN, SSBN, SSG,
SSAG).
(2) Other Combatant Classifications:
(i) Patrol Combatants (PC, PHM)
(ii) Amphibious Helicopter/Landing Craft
Carriers (LHA, LPD, LPH)
(iii) Amphibious Landing Craft Carriers
(LKA, LPA, LSD, LST)
(iv) Amphibious Command Ships (LCC)
(v) Mine Warfare Ships (MSO).
(b) Auxiliaries:
(1) Mobile Logistics Support:
(i) Under way Replenishment (AD, AF,
AFS, AO, AOE, AOR)
(ii) Material Support (AD, AR, AS).
(2) Support Ships:
(i) Fleet Support Ships (ARS, ASR, ATA,
ATF, ATS)
(ii) Other Auxiliaries (AG, AGDS, AGF,
AGM, AGOR, AGOS, AGS, AH, AK, AKR,
AOG, AOT, AP, APB, ARC, ARL, AVM,
AVT).
(c) Combatant Craft:
(1) Patrol Craft:
(i) Coastal Patrol Combatants (PB, PCF,
PCH, PTF)
(ii) River, Roadstead Craft (ATC, PBR).
(2) Amphibious Warfare Craft:
(i) Landing Craft (AALC, LCAC, LCM,
LCPL, LCPR, LCU, LWT, SLWT)
(ii) Special Warfare Craft (LSSC, MSSC,
SDV, SWCL, SWCM).
(3) Mine Warfare Craft:
(i) Mine Countermeasures Craft (MSB,
MSD, MSI, MSM, MSR).
(d) Support and Service Craft:
(1) Tugs (YTB, YTL, YTM)
(2) Tankers (YO, YOG, YW)
(3) Lighters (YC, YCF, YCV, YF, YFN,
YFNB, YFNX, YFR, YFRN, YFU, YG, YGN,
YOGN, YON, YOS, YSR, YWN)
(4) Floating Dry Docks (AFDB, AFDL,
AFDM, ARD, ARDM, YFD)
(5) Miscellaneous (APL, DSRV, DSV, IX,
NR, YAG, YD, YDT, YFB, YFND, YEP,
YFRT, YHLC, YM, YNG, YP, YPD, YR, YRB,
YRBN, YRDH, YRDM, YRR, YRST, YSD).
(e) Coast Guard Patrol and Service Vessels
and Craft:
(1) Coast Guard Cutters (CGC, WHEC,
WMEC)
(2) Patrol Craft (WPB)
(3) Icebreakers (WAGB)
(4) Oceanography Vessels (WAGO)
(5) Special Vessels (WIX)
(6) Buoy Tenders (WLB, WLM, WLI, WLR,
WLIC)
(7) Tugs (WYTM, WYTL)
(8) Light Ships (WLV).

§ 447.21

CATEGORY VII—TANKS AND MILITARY VEHICLES

(a) Military type armed or armored vehicles, military railway trains, and vehicles
specifically designed or modified to accommodate mountings for arms or other specialized military equipment or fitted with such
items.
(b) Military tanks, combat engineer vehicles, bridge launching 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) Engines specifically designed or modified for the vehicles in paragraphs (a), (b),
(c), and (f) of this category.
(h) All specifically designed or modified
components and parts, accessories, attachments, and associated equipment for the articles in this category, including but not
limited to military bridging and deep water
fording kits.
NOTE: An ‘‘amphibious vehicle’’ in Category VII(f) is an automotive vehicle or
chassis which embodies all-wheel drive,
which is equipped to meet special military
requirements, and which has sealed electrical systems and adaptation features for
deep water fording.
CATEGORY VIII—AIRCRAFT, SPACECRAFT, AND
ASSOCIATED EQUIPMENT

(a) Aircraft, including but not limited to
helicopters, non-expansive balloons, drones
and lighter-than-air aircraft, which are specifically designed, modified, or equipped for
military purposes. This includes but is not
limited to the following military purposes:
gunnery, bombing, rocket or missile launching, electronic and other surveillance, reconnaissance, refueling, aerial mapping, military liaison, cargo carrying or dropping, personnel dropping, airborne warning and control, and military training.
NOTE: Category VIII (b) through (j) and
Categories IX, X, XI, XII and XIII of ‘‘Munitions List’’ deleted as inapplicable to imports.
NOTE: In Category VIII, ‘‘aircraft’’ means
aircraft designed, modified, or equipped for a
military purpose, including aircraft described as ‘‘demilitarized.’’ All aircraft bearing an original military designation are included in Category VIII. However, the following aircraft are not so included so long as
they have not been specifically equipped, reequipped, or modified for military operations:
(a) Cargo aircraft bearing ‘‘C’’ designations
and numbered C–45 through C–118 inclusive,
and C–121 through C–125 inclusive, and C–131,
using reciprocating engines only.

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§ 447.21

27 CFR Ch. II (4–1–10 Edition)

(b) Trainer aircraft bearing ‘‘T’’ designations and using reciprocating engines or turboprop engines with less than 600 horsepower
(s.h.p.).
(c) Utility aircraft bearing ‘‘U’’ designations and using reciprocating engines only.
(d) All liaison aircraft bearing an ‘‘L’’ designation.
(e) All observation aircraft bearing ‘‘O’’
designations and using reciprocating engines.

(e) Nerve agents, gases, and aerosols. These
are toxic compounds which affect the nervous system, such as:
(1) Dimethylaminoethoxycyanophosphine
oxide (GA).
(2) Methylisopropoxyfluorophosphine oxide
(GB).
(3)
Methylpinacolyloxyfluoriphosphine
oxide (GD).
(f) Antiplant chemicals, such as: Butyl 2chloro-4-fluorophenoxyacetate (LNF).

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CATEGORY XIV—TOXICOLOGICAL AGENTS AND
EQUIPMENT AND RADIOLOGICAL EQUIPMENT

CATEGORY XV

(a) Chemical agents, including but not limited
to
lung
irritants,
vesicants,
lachrymators, and tear gases (except tear
gas formulations containing 1% or less CN or
CS), sternutators and irritant smoke, and
nerve gases and incapacitating agents.
(b) Biological agents.
(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 manufactured to military specification.
(e) Components, parts, accessories, attachments, and associated equipment specifically
designed or modified for the articles in paragraphs (c) and (d) of this category.
NOTE: A chemical agent in Category XIV(a)
is a substance having military application
which by its ordinary and direct chemical
action produces a powerful physiological effect. The term ‘‘chemical agent’’ includes,
but is not limited to, the following chemical
compounds:
(a) Lung irritants:
(1) Diphenylcyanoarsine (DC).
(2) Fluorine (but not fluorene).
(3) Trichloronitro methane (chloropicrin
PS).
(b) Vesicants:
(1) B-Chlorovinyldichloroarsine (Lewisite,
L).
(2) Bis(dichlorethyl) sulphide (Mustard
Gas, HD or H).
(3) Ethyldichloroarsine (ED).
(4) Methyldichloroarsine (MD).
(c) Lachrymators and tear gases:
(1) A-Brombenzyl cyanide (BBC).
(2) Chloroacetophenone (CN).
(3) Dibromodimethyl ether.
(4) Dichlorodimethyl ether (ClCi).
(5) Ethyldibromoarsine.
(6) Phenylcarbylamine chloride.
(7) Tear gas solutions (CNB and CNS).
(8)
Tear
gas
orthochlorobenzalmalononitrile (CS).
(d) Sternutators and irritant smokes:
(1) Diphenylamine chloroarsine (Adamsite,
DM).
(2) Diphenylchloroarsine (BA).
(3) Liquid pepper.

[Reserved]

CATEGORY XVI—NUCLEAR WEAPONS DESIGN AND
TEST EQUIPMENT

(a) Any article, material, equipment, or device, which is specifically designed or 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 modified for use in the devising, carrying out, or
evaluating of nuclear weapons tests or any
other nuclear explosions, except such items
as are in normal commercial use for other
purposes.
NOTE: Categories XVII, XVIII, and XIX of
‘‘Munitions List’’ deleted as inapplicable to
imports.
CATEGORY XX—SUBMERSIBLE VESSELS,
OCEANOGRAPHIC AND ASSOCIATED EQUIPMENT

(a) Submersible vessels, manned and unmanned, designed or modified for military
purposes or having independent capability to
maneuver vertically or horizontally at
depths below 1,000 feet, or powered by nuclear propulsion plants.
(b) Submersible vessels, manned or unmanned, designed or modified in whole or in
part from technology developed by or for the
U.S. Armed Forces.
(c) Any of the articles in Category VI and
elsewhere in this part specifically designed
or modified for use with submersible vessels,
and oceanographic or associated equipment
assigned a military designation.
(d) Equipment, components, parts, accessories, and attachments specifically designed
for any of the articles in paragraphs (a) and
(b) of this category.
CATEGORY XXI—MISCELLANEOUS ARTICLES

Any article not specifically enumerated in
the other categories of the U.S. Munitions
List which has substantial military applicability and which has been specifically designed or modified for military purposes. The
decision on whether any article may be included in this category shall be made by the
Director, Office of Defense Trade Controls,

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
Department of State, with the concurrence
of the Department of Defense.

(c) Fees paid in advance for whole future years of a multiple year registration will be refunded upon request if
the registrant ceases to engage in importing articles on the U.S. Munitions
Import List. A request for a refund
must be submitted to the appropriate
ATF officer at the Bureau of Alcohol,
Tobacco and Firearms, Martinsburg,
WV 25405, prior to the beginning of any
year for which a refund is claimed.

[T.D. ATF–215, 50 FR 42158, Oct. 18, 1985; 50
FR 46647, Nov. 12, 1985, as amended by T.D.
ATF–426, 65 FR 38197, June 20, 2000; T.D.
ATF–9F, 72 FR 72938, Dec. 26, 2007]

§ 447.22 Forgings, castings, and machined bodies.
Articles on the U.S. Munitions Import List include articles in a partially
completed state (such as forgings, castings, extrusions, and machined bodies)
which have reached a stage in manufacture where they are clearly identifiable as defense articles. If the end-item
is an article on the U.S. Munitions Import List, (including components, accessories, attachments and parts) then
the particular forging, casting, extrusion, machined body, etc., is considered
a defense article subject to the controls
of this part, except for such items as
are in normal commercial use.

(Approved by the Office of Management and
Budget under control number 1140–0009)
[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42161, Oct.
18, 1985; T.D. ATF–484, 67 FR 64526, Oct. 21,
2002; ATF–11F, 73 FR 57240, Oct. 2, 2008]

§ 447.33 Notification of changes in information furnished by registrants.
Registered persons shall notify the
appropriate ATF officer in writing, in
duplicate, of significant changes in the
information set forth in their registration

[T.D. ATF–215, 50 FR 42160, Oct. 18, 1985]

Subpart D—Registration
§ 447.31

(Approved by the Office of Management and
Budget under control number 1140–0009)

Registration requirement.

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42161, Oct.
18, 1985; ATF–11F, 73 FR 57240, Oct. 2, 2008]

Persons engaged in the business, in
the United States, of importing articles enumerated on the U.S. Munitions
Import List must register by making
an application on ATF Form 4587.

§ 447.34 Maintenance of records by
persons required to register as importers of Import List articles.

[T.D. ATF–484, 67 FR 64526, Oct. 21, 2002]

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§ 447.32 Application for
and refund of fee.

§ 447.34

(a) Registrants under this part engaged in the business of importing articles subject to controls under 27 CFR
Parts 478 and 479 shall maintain
records in accordance with the applicable provisions of those parts.
(b) Registrants under this part engaged in importing articles on the U.S.
Munitions Import List subject to the
permit procedures of subpart E of this
part must maintain for a period of 6
years records bearing on such articles
imported, including records concerning
their acquisition and disposition, including Forms 6 and 6A. The appropriate ATF officer may prescribe a
longer or shorter period in individual
cases as such officer deems necessary.
See § 478.129 of this chapter for articles

registration

(a) Application for registration must
be filed on ATF Form 4587 and must be
accompanied by the registration fee at
the rate prescribed in this section. The
appropriate ATF officer will approve
the application and 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 registration desired. The registration fees are as follows:
1 year .........................................
$250
2 years ........................................
500
3 years ........................................
700
4 years ........................................
850
5 years ........................................ 1,000

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§ 447.35

27 CFR Ch. II (4–1–10 Edition)

subject to import control under part
478 of this chapter.

enumerated in Categories I, II, III, IV,
VI(e), VIII(a), XVI, and XX; and
(ii) Nuclear weapons strategic delivery systems and all specifically designed components, parts, accessories,
attachments, and associated equipment
thereof (see Category XXI); or
(2) Minor components and parts for
Category I(a) and I(b) firearms, except
barrels, cylinders, receivers (frames) or
complete breech mechanisms, when the
total value does not exceed $100 wholesale in any single transaction.

(Approved by the Office of Management and
Budget under control number 1140–0032)
[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–172, 49 FR 14941, Apr.
16, 1984; T.D. ATF–215, 50 FR 42161, Oct. 18,
1985; T.D. ATF–426, 65 FR 38197, June 20, 2000;
T.D. ATF–484, 67 FR 64526, Oct. 21, 2002; ATF–
11F, 73 FR 57240, Oct. 2, 2008]

§ 447.35

Forms prescribed.

(a) The appropriate ATF officer 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 on or
pertaining to the form. In addition, information called for in each form shall
be furnished as required by this part.
The form will be filed in accordance
with the instructions for the form.
(b) Forms may be requested from the
ATF Distribution Center, P.O. Box
5950, Springfield, Virginia 22150–5950, or
by accessing the ATF Web site http://
www.atf.gov/.

[T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as
amended by T.D. ATF–426, 65 FR 38197, June
20, 2000; T.D. ATF–484, 67 FR 64526, Oct. 21,
2002]

§ 447.42

[T.D. ATF–92, 46 FR 46914, Sept. 23, 1981, as
amended by T.D. ATF–249, 52 FR 5961, Feb.
27, 1987; T.D. ATF–426, 65 FR 38197, June 20,
2000; T.D. ATF–484, 67 FR 64526, Oct. 21, 2002;
ATF–11F, 73 FR 57240, Oct. 2, 2008]

Subpart E—Permits

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§ 447.41

Application for permit.

(a)(1) Persons required to obtain a
permit as provided in § 447.41 must file
a Form 6—Part I. The application must
be signed and dated and must contain
the information requested on the form,
including:
(i) The name, address, telephone
number, license and registration number, if any (including expiration date)
of the importer;
(ii) The country from which the defense article is to be imported;
(iii) The name and address of the foreign seller and foreign shipper;
(iv) A description of the defense article to be imported, including—
(A) The name and address of the
manufacturer;
(B) The type (e.g., rifle, shotgun, pistol, revolver, aircraft, vessel, and in
the case of ammunition only, ball,
wadcutter, shot, etc.);
(C) The caliber, gauge, or size;
(D) The model;
(E) The length of barrel, if any (in
inches);
(F) The overall length, if a firearm
(in inches);
(G) The serial number, if known;
(H) Whether the defense article is
new or used;
(I) The quantity;
(J) The unit cost of the firearm, firearm barrel, ammunition, or other defense article to be imported;
(K) The category of U.S. Munitions
Import List under which the article is
regulated;

Permit requirement.

(a) Articles on the U.S. Munitions
Import List will not be imported into
the United States except pursuant to a
permit under this subpart. For articles
subject to control under parts 478 or 479
of this chapter, a separate permit is
not necessary.
(b) Articles on the U.S. Munitions
Import List intended for the United
States or any State or political subdivision thereof, or the District of Columbia, which are exempt from import
controls of 27 CFR 478.115 shall not be
imported into the United States, except by the United States or agency
thereof, without first obtaining a permit under this subpart.
(c) A permit is not required for the
importation of—
(1)(i) The U.S. Munitions Import List
articles from Canada, except articles

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(v) The specific purpose of importation, including final recipient information if different from the importer; and
(vi) Certification of origin.
(2)(i) If the appropriate ATF officer
approves the application, such approved application will serve as the
permit to import the defense article
described therein, and importation of
such defense article may continue to be
made by the licensed/registered importer (if applicable) under the approved application (permit) during the
period specified thereon. The appropriate ATF officer will furnish the approved application (permit) to the applicant and retain two copies thereof
for administrative use.
(ii) If the Director disapproves the
application, the licensed/registered importer (if applicable) will be notified of
the basis for the disapproval.
(b) For additional requirements relating to the importation of plastic explosives into the United States on or
after April 24, 1997, see § 555.183 of this
title.

§ 447.44 Permit denial, revocation or
suspension.
(a) Import permits under this subpart
may be denied, revoked, suspended or
revised without prior notice whenever
the appropriate ATF officer finds the
proposed importation to be inconsistent with the purpose or in violation
of section 38, Arms Export Control Act
of 1976 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 appropriate ATF
officer’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 appropriate ATF officer.
(d) Unused, expired, suspended, or revoked permits must be returned immediately to the appropriate ATF officer.

(Approved by the Office of Management and
Budget under control number 1140–0005)

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42161, Oct.
18, 1985]

[T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as
amended by T.D. ATF–387, 62 FR 8376, Feb.
25, 1997; T.D. ATF–426, 65 FR 38197, June 20,
2000;T.D. ATF–484, 67 FR 64526, Oct. 21, 2002;
ATF–11F, 73 FR 57240, Oct. 2, 2008]

§ 447.43

§ 447.45 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 for
the importation of the article or articles to be released. For articles in Categories I and III imported by a registered importer, the importer will also
submit to Customs a copy of the export
license authorizing the export of the
article or articles from the exporting
country. If the exporting country does
not require issuance of an export license, the importer must submit a certification, under penalty of perjury, to
that effect.
(1) In obtaining the release from Customs custody of an article imported
pursuant to a permit, the permit holder will prepare and file Form 6A according to its instructions.
(2) The ATF Form 6A must contain
the information requested on the form,
including:

Terms of permit.

(a) Import permits issued under this
subpart are valid for one year 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 appropriate ATF officer.
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§ 447.45

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–325, 57 FR 29787, July
7, 1992; T.D. ATF–426, 65 FR 38197, June 20,
2000]

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§ 447.46

27 CFR Ch. II (4–1–10 Edition)
certify the importation, on Form ITA–
645P/ATF–4522/DSP53, for the U.S. importer. Normally, the U.S. importer
will submit this form 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 Certificate (U.S. Department of Commerce Form ITA–647P) for
this purpose.

(i) The name, address, and license
number (if any) of the importer;
(ii) The name of the manufacturer of
the defense article;
(iii) The country of manufacture;
(iv) The type;
(v) The model;
(vi) The caliber, gauge, or size;
(vii) The serial number in the case of
firearms, if known; and
(viii) The number of defense articles
released.
(b) Within 15 days of the date of their
release from Customs custody, the importer of the articles released will forward to the address specified on the
form a copy of Form 6A on which will
be reported any error or discrepancy
appearing on the Form 6A certified by
Customs and serial numbers if not previously provided on ATF Form 6A.
(Approved by the Office of Management and
Budget under control number 1140–0007)
[T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as
amended by T.D. ATF–426, 65 FR 38197, June
20, 2000; T.D. ATF–484, 67 FR 64526, Oct. 21,
2002; ATF–11F, 73 FR 57240, Oct. 2, 2008]

(Approved by the Office of Management and
Budget under control number 0625–0064)
[T.D. ATF–215, 50 FR 42162, Oct. 18, 1985, as
amended by T.D. ATF–484, 67 FR 64526, Oct.
21, 2002]

§ 447.46 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 under this part.
Such transactions are subject to the
Intransit or Temporary Export License
procedures of the Department of State
(see 22 CFR Part 123).

§ 447.52 Import restrictions applicable
to certain countries.
(a) It is the policy of the United
States to deny licenses and other approvals with respect to defense articles
and defense services originating in certain countries or areas. This policy applies to Afghanistan, Belarus (one of
the states composing the former Soviet
Union), Cuba, Iran, Iraq, Libya, Mongolia, North Korea, Sudan, Syria, and
Vietnam. This policy applies to countries or areas with respect to which the
United States maintains an arms embargo (e.g., Burma, China, the Democratic Republic of the Congo, Haiti, Liberia, Rwanda, Somalia, Sudan, and
UNITA (Angola)). It also applies when
an import would not be in furtherance
of world peace and the security and foreign policy of the United States.

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42161, Oct.
18, 1985]

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Subpart F—Miscellaneous
Provisions
§ 447.51 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 U.S. Munitions Import
List. Upon request of a foreign government, the appropriate ATF officer will

NOTE: Changes in foreign policy may result
in additions to and deletions from the above
list of countries. The ATF will publish
changes to this list in the FEDERAL REGISTER. Contact the Firearms and Explosives
Imports Branch at (304) 616–4550 for current
information.

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(b) Notwithstanding paragraph (a) of
this section, the appropriate ATF officer shall deny applications to import
into the United States the following
firearms and ammunition:
(1) Any firearm located or manufactured
in
Georgia,
Kazakstan,
Kyrgyzstan, Moldova, Russian Federation,
Turkmenistan,
Ukraine,
or
Uzbekistan, and any firearm previously
manufactured in the Soviet Union,
that is not one of the models listed
below:
(i) Pistols/Revolvers:
(A) German Model P08 Pistol.
(B) IZH 34M, .22 caliber Target Pistol.
(C) IZH 35M, .22 caliber Target Pistol.
(D) Mauser Model 1896 Pistol.
(E) MC–57–1 Pistol.
(F) MC–1–5 Pistol.
(G) Polish Vis Model 35 Pistol.
(H) Soviet Nagant Revolver.
(I) TOZ 35, .22 caliber Target Pistol.
(ii) Rifles:
(A) BARS–4 Bolt Action Carbine.
(B) Biathlon Target Rifle, .22LR caliber.
(C) British Enfield Rifle.
(D) CM2, .22 caliber Target Rifle (also
known as SM2, 22 caliber).
(E) German Model 98K Rifle.
(F) German Model G41 Rifle.
(G) German Model G43 Rifle.
(H) IZH–94.
(I) LOS–7 Bolt Action Rifle.
(J) MC–7–07.
(K) MC–18–3.
(L) MC–19–07.
(M) MC–105–01.
(N) MC–112–02.
(O) MC–113–02.
(P) MC–115–1.
(Q) MC–125/127.
(R) MC–126.
(S) MC–128.
(T) Saiga Rifle.
(U) Soviet Model 38 Carbine.
(V) Soviet Model 44 Carbine.
(W) Soviet Model 91/30 Rifle.
(X) TOZ 18, .22 caliber Bolt Action
Rifle.
(Y) TOZ 55.
(Z) TOZ 78.
(AA) Ural Target Rifle, .22LR caliber.
(BB) VEPR Rifle.
(CC) Winchester Model 1895, Russian
Model Rifle;
(2) Ammunition located or manufactured
in
Georgia,
Kazakstan,

§ 447.52

Kyrgyzstan, Moldova, Russian Federation,
Turkmenistan,
Ukraine,
or
Uzbekistan, and ammunition previously manufactured in the Soviet
Union, that is 7.62×25mm caliber (also
known as 7.63×25mm caliber or .30 Mauser); or
(3) A type of firearm the manufacture
of which began after February 9, 1996.
(c) The provisions of paragraph (b) of
this section shall not affect the fulfillment of contracts with respect to firearms or ammunition entered or withdrawn from warehouse for consumption
in the United States on or before February 9, 1996.
(d) A defense article authorized for
importation under this part may not be
shipped on a vessel, aircraft or other
means or conveyance which is owned or
operated by, or leased to or from, any
of the countries or areas covered by
paragraph (a) of this section.
(e) Applications for permits to import articles that were manufactured
in, or have been in, a country or area
proscribed under this section may be
approved where the articles are covered
by Category I(a) of the Import List
(other than those subject to the provisions of 27 CFR Part 479), are importable as curios or relics under the provisions of 27 CFR 478.118, and meet the
following criteria:
(1) The articles were manufactured in
a proscribed country or area prior to
the date, as established by the Department of State, the country or area became proscribed, or, were manufactured in a non-proscribed country or
area; and
(2) The articles have been stored for
the five year period immediately prior
to importation in a non-proscribed
country or area.
(f) Applicants desiring to import articles claimed to meet the criteria specified in paragraph (e) of this section
shall explain, and certify to, how the
firearms meet the criteria. The certification statement will be prepared in
letter form, executed under the penalties of perjury, and should be submitted with the application for an import permit. The certification statement must be accompanied by documentary information on the country or
area of original manufacture and on
the country or area of storage for the

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§ 447.53
five year period immediately prior to
importation. Such information may,
for example, include a verifiable statement in the English language of a government official or any other person
having knowledge of the date and place
of manufacture and/or the place of
storage; a warehouse receipt or other
document which provides the required
history of storage; and any other document that the applicant believes substantiates the place and date of manufacture and the place of storage. The
appropriate ATF officer, however, reserves the right to determine whether
documentation is acceptable. Applicants shall, when required by the appropriate ATF officer, furnish additional documentation as may be necessary to determine whether an import
permit application should be approved.

that the conditions of the exemption
are met.

[T.D. ATF–202, 50 FR 14382, Apr. 12, 1985, as
amended by T.D. ATF–215, 50 FR 42162, Oct.
18, 1985; T.D. ATF–287, 54 FR 13681, Apr. 5,
1989; T.D. ATF–323, 57 FR 24189, June 8, 1992;
T.D. ATF–349, 58 FR 47831, Sept. 13, 1993; T.D.
ATF–367, 60 FR 47866, Sept. 15, 1995; T.D.
ATF–396, 62 FR 61234, Nov. 17, 1997; T.D.
ATF–484, 67 FR 64526, Oct. 21, 2002; T.D. ATF–
9F, 72 FR 72938, Dec. 26, 2007]

The administration of the provisions
of this part will be subject to the guidance of the Secretaries of State and
Defense on matters affecting world
peace and the external security and
foreign policy of the United States.

§ 447.53

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27 CFR Ch. II (4–1–10 Edition)

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42162, Oct.
18, 1985]

§ 447.54 Administrative procedures inapplicable.
The functions conferred under section 38, Arms Export Control Act of
1976, 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.
[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42162, Oct.
18, 1985]

§ 447.55 Departments of State and Defense consulted.

§ 447.56

Authority of Customs officers.

(a) Officers of the U.S. Customs Service are authorized to take appropriate
action to assure compliance with this
part and with 27 CFR Parts 478 and 479
as to the importation or attempted importation of articles on the U.S. Munitions 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 U.S. Munitions 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.

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
Department of State approval.
(b) Any person seeking to import articles on the U.S. Munitions Import
List as exempt under paragraph (a)(2)
or (3) 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

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42162, Oct.
18, 1985]

§ 447.57

U.S. military defense articles.

(a)(1) Notwithstanding any other provision of this part or of parts 478 or 479

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
of this chapter, no military defense article of United States manufacture
may be imported into the United
States if such article was furnished to
a foreign government under a foreign
assistance or foreign military sales
program of the United States.
(2) The restrictions in paragraph
(a)(1) of this section cover defense articles which are advanced in value or improved in condition in a foreign country, but do not include those which
have been substantially transformed as
to become, in effect, articles of foreign
manufacture.
(b) Paragraph (a) of this section will
not apply if:
(1) The applicant submits with the
ATF Form 6—Part I application written authorization from the Department
of State to import the defense article;
and
(2) In the case of firearms, such firearms are curios or relics under 18
U.S.C. 925(e) and the person seeking to
import such firearms provides a certification of a foreign government that
the firearms were furnished to such
government under a foreign assistance
or foreign military sales program of
the United States and that the firearms are owned by such foreign government. (See § 478.118 of this chapter providing for the importation of certain
curio or relic handguns, rifles and shotguns.)
(c) For the purpose of this section,
the term ‘‘military defense article’’ includes all defense articles furnished to
foreign governments under a foreign
assistance or foreign military sales
program of the United States as set
forth in paragraph (a) of this section.

party by mailing a request to the ATF
Distribution Center, PO Box 5950,
Springfield, VA 22150–5950, or by accessing
the
ATF
Web
site
http://
www.atf.gov/.

(Approved by the Office of Management and
Budget under OMB Control No. 1140–0005)

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42162, Oct.
18, 1985; T.D. ATF–287, 54 FR 13681, Apr. 5,
1989]

[T.D. ATF–484, 67 FR 64526, Oct. 21, 2002, as
amended by ATF–11F, 73 FR 57240, Oct. 2,
2008]

Subpart G—Penalties, Seizures
and Forfeitures
§ 447.61 Unlawful importation.
Any person who willfully:
(a) Imports articles on the U.S. Munitions Import List without a permit;
(b) Engages in the business of importing articles on the U.S. Munitions Import List without registering under
this part; or
(c) Otherwise violates any provisions
of this part;
Shall upon conviction be fined not
more than $1,000,000 or imprisoned not
more than 10 years, or both.
[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended at 39 FR 4760, Feb. 7, 1974; T.D.
ATF–215, 50 FR 42162, Oct. 18, 1985; T.D. ATF–
287, 54 FR 13681, Apr. 5, 1989]

§ 447.62 False statements or concealment of facts.
Any person who willfully, in a registration or permit application, makes
any untrue statement of a material
fact or fails to state a material fact required to be stated therein or necessary to make the statements therein
not misleading, shall upon conviction
be fined not more than $1,000,000, or imprisoned not more than 10 years, or
both.

[T.D. ATF–287, 54 FR 13681, Apr. 5, 1989, as
amended by T.D. ATF–393, 62 FR 61235, Nov.
17, 1997; T.D. ATF–426, 65 FR 38198, June 20,
2000; ATF–11F, 73 FR 57240, Oct. 2, 2008]

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§ 447.63

§ 447.63 Seizure and forfeiture.
Whoever knowingly imports into the
United States contrary to law any article on the U.S. Munitions Import List;
or receives, conceals, buys, sells, or in
any manner facilitates its transportation, concealment, or sale after importation, knowing the same to have
been imported contrary to law, shall be
fined not more than $10,000 or imprisoned not more than 5 years, or both;

§ 447.58 Delegations of the Director.
The regulatory authorities of the Director contained in this part are delegated to appropriate ATF officers.
These ATF officers are specified in
ATF O 1130.34, Delegation of the Director’s Authorities in 27 CFR Part 447.
ATF delegation orders, such as ATF O
1130.34, are available to any interested

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Pt. 478

27 CFR Ch. II (4–1–10 Edition)
478.40a Transfer and possession of large capacity ammunition feeding devices.

and the merchandise so imported, or
the value thereof shall be forfeited to
the United States.

Subpart D—Licenses

(18 U.S.C. 545)

478.41 General.
478.42 License fees.
478.43 License fee not refundable.
478.44 Original license.
478.45 Renewal of license.
478.46 Insufficient fee.
478.47 Issuance of license.
478.48 Correction of error on license.
478.49 Duration of license.
478.50 Locations covered by license.
478.51 License not transferable.
478.52 Change of address.
478.53 Change in trade name.
478.54 Change of control.
478.55 Continuing partnerships.
478.56 Right of succession by certain persons.
478.57 Discontinuance of business.
478.58 State or other law.
478.59 Abandoned application.
478.60 Certain continuances of business.

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42162, Oct.
18, 1985]

PART 478—COMMERCE IN
FIREARMS AND AMMUNITION
Subpart A—Introduction
Sec.
478.1
478.2

Scope of regulations.
Relation to other provisions of law.

Subpart B—Definitions
478.11

Meaning of terms.

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Subpart C—Administrative and
Miscellaneous Provisions
478.21 Forms prescribed.
478.22 Alternate methods or procedures;
emergency variations from requirements.
478.23 Right of entry and examination.
478.24 Compilation of State laws and published ordinances.
478.25 Disclosure of information.
478.25a Responses to requests for information.
478.26 Curio and relic determination.
478.27 Destructive device determination.
478.28 Transportation of destructive devices
and certain firearms.
478.29 Out-of-State acquisition of firearms
by nonlicenses.
478.29a Acquisition of firearms by nonresidents.
478.30 Out-of-State disposition of firearms
by nonlicensees.
478.31 Delivery by common or contract carrier.
478.32 Prohibited shipment, transportation,
possession, or receipt of firearms and ammunition by certain persons.
478.33 Stolen firearms and ammunition.
478.33a Theft of firearms.
478.34 Removed, obliterated, or altered serial number.
478.35 Skeet, trap, target, and similar
shooting activities.
478.36 Transfer or possession of machine
guns.
478.37 Manufacture, importation and sale of
armor piercing ammunition.
478.38 Transportation of firearms.
478.39 Assembly of semiautomatic rifles or
shotguns.
478.39a Reporting theft or loss of firearms.
478.40 Manufacture, transfer, and possession
of semiautomatic assault weapons.

Subpart E—License Proceedings
478.71 Denial of an application for license.
478.72 Hearing after application denial.
478.73 Notice of revocation, suspension, or
imposition of civil fine.
478.74 Request for hearing after notice of
suspension, revocation, or imposition of
civil fine.
478.75 Service on applicant or licensee.
478.76 Representation at a hearing.
478.77 Designated place of hearing.
478.78 Operations by licensee after notice.

Subpart F—Conduct of Business
478.91 Posting of license.
478.92 How must licensed manufacturers
and licensed importers identify firearms,
armor piercing ammunition, and large
capacity ammunition feeding devices?
478.93 Authorized operations by a licensed
collector.
478.94 Sales or deliveries between licensees.
478.95 Certified copy of license.
478.96 Out-of-State and mail order sales.
478.97 Loan or rental of firearms.
478.98 Sales or deliveries of destructive devices and certain firearms.
478.99 Certain prohibited sales or deliveries.
478.100 Conduct of business away from licensed premises.
478.101 Record of transactions.
478.102 Sales or deliveries of firearms on and
after November 30, 1998.
478.103 Posting of signs and written notification to purchasers of handguns.

Subpart G—Importation
478.111

General.

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