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Vol.
0920-2004
REGULATORY
COMPLIANCE NEWSLETTER
NEWS:
The Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF) On September 13, 1994,
Congress passed the Violent Crime Control and Law Enforcement Act of 1994,
Public Law 103-322. Title IX, Subtitle A, Section 110105 of this Act
generally made it unlawful to manufacture, transfer, and possess
semiautomatic assault weapons (SAWs) and to transfer and possess large
capacity ammunition feeding devices (LCAFDs). The law also required
importers and manufacturers to place certain markings on SAWs and LCAFDs,
designating they were for export or law enforcement/government use.
Significantly, the law provided that it would expire 10 years from the
date of enactment. Accordingly, effective 12:01 a.m. on September 13,
2004, the provisions of the law ceased to apply.
Importation of
Semiautomatic Assault Weapons
·
There is no longer a Federal prohibition on the manufacture, transfer and
possession of SAWs.
·
Nonsporting firearms are still prohibited from importation under 18 U.S.C.
sections 922(l) and 925(d)(3). Because the vast majority of SAWs are
nonsporting, they generally cannot be imported.
·
SAWs no longer have to be marked “restricted law enforcement/government
use only” or “export only.”
·
SAWs may be imported into a Customs Bonded Warehouse or Foreign Trade Zone
because the sporting purposes test does not apply to these imports.
·
SAWs may be temporarily imported under the provisions of 27 CFR section
478.115(d) because firearms that are temporarily imported are not required
to meet the sporting purposes test.
Importation of
Large Capacity Ammunition Feeding Devices
·
LCAFDs are no longer prohibited from importation. However, they are still
subject to the provisions of the Arms Export Control Act. Therefore an
approved Form 6 import permit is still required.
·
LCAFDs will no longer have to be marked “restricted law
enforcement/government use only” or “export only” and importers no
longer have to collect documentation that demonstrates imports are for
government sale. However, any existing records still must be maintained
for a period of 5 years. See 27 CFR section 478.40a. Moreover, importers
are still required to maintain their acquisition records permanently and
disposition records for 20 years.
·
If an importer has an approved Form 6 import permit for LCAFDs with a
restriction stamp on it related to the ban, the importer may import LCAFDs
using the permit and disregard the restriction stamp. However, importers
may apply for a new permit if they prefer.
Please note:
·
The provisions of 18 U.S.C. section 922(r) and 27 CFR 478.39 regarding
assembly of nonsporting shotguns and semiautomatic rifles from imported
parts still apply.
·
All provisions of the National Firearms Act (NFA) relating to registration
and transfer of machineguns, short barreled rifles, weapons made from
rifles, short barreled shotguns, weapons made from shotguns, any other
weapons as defined in 26 USC section 5845(e), silencers, and destructive
devices still apply.
·
USAS-12 and Striker 12/Streetsweeper shotguns are still classified as
destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed
and transferred in accordance with the NFA.
The Office of
Foreign Assets Control (OFAC), Department of Treasury announced major
revisions to their watch list on September 14, 2004. A number of entities
have been added in the notice and information on existing parties on the
watch list has been updated with new addresses and branch offices.
The Defense
Security Cooperation Agency is hosting its worldwide conference on 14 and
15 October 2004 at the Hilton Alexandria Mark Center, Alexandria,
Virginia. This year's theme is "Strengthening Tomorrow's Coalitions
Today."
DENIED PERSON
UPDATE:
The following
entities were added to the Denied Persons List .The full list of changes
can be accessed at the OCR web site
·
ACEVEDO SAENZ, Delcy Patricia c/o SEGECOL LTDA. Bucaramanga COLOMBIA
AKA/DBA: a.k.a. c/o SEGECOL LTDA.
Privileges affected: Cedula No. 63355575 (Colombia).
Effective date: 09/14/04
Expiration date: UNTIL RESCINDED
·
ACEVEDO SAENZ, Delcy Patricia c/o COPSERVIR LTDA. Bogota COLOMBIA
AKA/DBA: a.k.a. c/o COPSERVIR LTDA.
Privileges affected: Cedula No. 63355575 (Colombia).
Effective date: 09/14/04
Expiration date: UNTIL RESCINDED
·
ACEVEDO SAENZ, Delcy Patricia c/o CAJA SOLIDARIA Bogota COLOMBIA
AKA/DBA: a.k.a. c/o CAJA SOLIDARIA
Privileges affected: Cedula No. 63355575 (Colombia).
Effective date: 09/14/04
Expiration date: UNTIL RESCINDED
·
ACTIVAR Carrera 23 No. 37-39 of. 202 Bogota COLOMBIA
AKA/DBA: a.k.a. COOPERATIVA DE TRABAJO ASOCIADO ACTIVAR
Privileges affected: NIT # 830099918-2 (Colombia)
Effective date: 09/14/04
Expiration date: UNTIL RESCINDED
·
ACTIVAR Carrera 6 No. 11-43 of. 505 Cali COLOMBIA
AKA/DBA: a.k.a. COOPERATIVA DE TRABAJO ASOCIADO ACTIVAR
Privileges affected: NIT # 830099918-2 (Colombia)
Effective date: 09/14/04
Expiration date: UNTIL RESCINDED
·
ALMANZA BARRAZA, Alfonso Rafael Carrera 35 No. 43-62 Barranquilla COLOMBIA
AKA/DBA: a.k.a. c/o LITOPHARMA
Privileges affected: Cedula No. 72206138 (Colombia) (individual) [SDNT]
Effective date: 09/14/04
Expiration date: UNTIL RESCINDED
SEMINARS AND
CONFERENCES:
American Conference
Institute
Title:
Global Customs Compliance
Date:
September 27 & 28, 2004
Location: The
West San Francisco Airport, CA
Register at: http://www.americanconference.com/frames.cfm
Bureau of Industry
and Security
Title:
BIS Update 2004 Conference on Export Controls and Policy
Date:
October 4-5, 2004
Location:
Renaissance Hotel, Washington D.C.
Register at: http://www.bis.doc.gov/SeminarsAndTraining/Update2004.htm
SUPPORT:
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Disclaimer:
This newsletter is
not intended to provide legal guidance. Adherence to this decision does
not relieve the exporter of the statutory responsibilities of complying
with the applicable statutes, regulations, policies and procedures of the
U.S. Government
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