27 CFR 447 Importation of Arms, Ammunition and Implements of War

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.

Subpart A—Scope

AUTHORITY: 22 U.S.C. 2778; E.O. 13637, 78 FR
16129 (Mar. 8, 2013).

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

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.

Subpart B—Definitions

EDITORIAL NOTE: Nomenclature changes to
part 447 appear by T.D. ATF–487, 68 FR 3748,
Jan. 24, 2003.

447.11

Meaning of terms.

Subpart A—Scope

Subpart C—The U.S. Munitions Import List
§ 447.1

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

The regulations in this part relate to
that portion of section 38 of the Arms
Export Control Act of 1976, as amended,
authorizing the President to designate
defense articles and defense services as
part of the United States Munitions
List (USML) for purposes of import and
export controls. To distinguish the list
of defense articles and defense services
controlled in this part for purposes of
permanent import from the list of defense articles and defense services controlled by the Secretary of State for
purposes of export and temporary import, this part shall refer to the defense
articles and defense services controlled
for purposes of permanent import as
the U.S. Munitions Import List
(USMIL) and shall refer to the export
and temporary import control list set
out by the Department of State in its
International Traffic in Arms Regulations as the USML. Part 447 contains
the USMIL and includes procedural and
administrative requirements relating
to registration of importers, permits,
articles in transit, import certification, delivery verification, import restrictions applicable to certain countries, exemptions, U.S. military firearms and ammunition, penalties, seizures, and forfeitures. The President’s
delegation of permanent import control authorities to the Attorney General provides the Attorney General the

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
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

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General.

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.

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§ 447.2

27 CFR Ch. II (4–1–20 Edition)

authority to assess whether controls
are justified, but in designating the defense articles and defense services set
out in the USMIL the Attorney General shall be guided by the views of the
Secretary of State on matters affecting
world peace and the external security
and foreign policy of the United States.
All designations and changes in designations of defense articles and defense services subject to permanent import control under this part must have
the concurrence of the Secretary of
State and the Secretary of Defense,
with notice given to the Secretary of
Commerce.

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.

[ATF–50F, 78 FR 23676, Apr. 22, 2013]

[T.D. ATF–215, 50 FR 42158, Oct. 18, 1985, as
amended by T.D. ATF–426, 65 FR 38197, June
20, 2000]

§ 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
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

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
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, Firearms, and Explosives (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 defense articles
enumerated in the U.S. Munitions Import List (USMIL).
Bureau. Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Department of Justice.
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

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