F9 Supporting Statement october 2017 508

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Supporting Statement

OMB # 1140-0008
Application and Permit for Permanent Exportation of Firearms (National Firearms Act)
ATF F 9 (5320.9)

A. JUSTIFICATION:
1. The registration of National Firearms Act (NFA) firearms is required by 26 U.S.C.
5841 and 27 CFR 479.101. An NFA firearm may not be transferred (which includes
an exportation) without the approval of ATF and, with certain exceptions, the
payment of transfer tax (§ 5812 and Part 479, Subpart F). An NFA firearm may be
exported without payment of the transfer tax (§ 5854 and §§ 479.114 -.118). The use
of this form is required of any person desiring to export an NFA firearm (§479.114)
and to establish such exportation to relieve the exporter from payment of the transfer
tax (§479.118).
Title 22, United States Code, section 2778 (the Arms Export Control Act),
requires that a license be obtained from the Department of State by any person wishing
to export munitions. The State Department license number must be
shown on the ATF Form 9 (5320.9).

2. ATF Form 9 (5320.9) is typically used by a Federal firearms licensee who has paid the
special (occupational) tax to deal, manufacture or import NFA firearms. The form
must be filed (in quadruplicate) for approval to permanently export NFA firearms
registered in the National Firearms Registration and Transfer Record. Once
authorization has been granted, one copy is retained by ATF and the remaining copies
returned to the exporter to establish that the exportation took place and claim relief
from liability for the transfer tax.
The information on the form is verified by ATF personnel during the processing of the
application to ensure that a properly registered firearm is being exported, that the
foreign consignee has been approved by the State Department, and that there is no
liability for transfer tax. This information is also used by ATF to determine the

lawful registration of an NFA firearm and/or to pursue the criminal investigation into
an unregistered NFA firearm.
3. The fillable form with electronic signature capability is available on the ATF website:
www.atf.gov. The form may also be completed, signed, and filed electronically via
ATF’s eForms system at: www.atfonline.gov.
4. ATF uses a uniform subject classification system to identify duplication and to ensure
that any similar information already available cannot be used or modified for use for
the purpose of this information collection.
5. Collection has no impact on small business. The record-keeping/reporting requirement
is considered to be the minimum necessary to insure compliance with existing
regulations.
6. The consequences of not conducting this collection would result in unlawful
exportation of a firearm. The information provided is used to verify exportation of a
firearm and justify removal of the firearm from the National Firearms Registration and
Transfer Record.
7. This collection is consistent with the provisions of 5 CFR 1320.6. There are no special
circumstances.
8. No public comments were received for the 60-day and 30-day notices that were
published in the Federal Register.
9. No payment or gift is associated with this collection.
10. In addition to the requirements for confidentiality contained in the Privacy Act, this
information is classified as "tax information" or "tax return information" and any
release is severely restricted by the Tax Reform Act (26 USC section 6103).
11. No questions of a sensitive nature are asked.
12. Each filing is a new request for a different firearm or firearms to the same country of
export or to another country. The number of respondents is 1,783. Each respondent
responds one time for a total of 1,783 responses. It is estimated to take 18 minutes per
respondent to respond. The total annual burden for this information collection is 535
hours.

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13. There is no startup cost or annual cost to the respondent.
14. Estimates of annual costs to the Federal Government are: Printing $415.09
15. The increase in respondents by 444, and burden hours by 134 respectively, are due to
a general increase in the volume of industry submissions for this information
collection.

16. The results of this collection will not be published.
17. ATF does not request approval to not display the expiration date of OMB approval
for this collection.
18. There are no exceptions to the certification statement.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS.
Not applicable.