Firearms, ammunition and defense articles
- Document symbol
- G/LIC/N/3/USA/21
- Original language
- English
- Published on
- 16/10/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The United States maintains a system of registrations and permits to control the permanent importation of firearms, ammunition and defense articles. The law and regulations for these imports are administered by ATF pursuant to the Gun Control Act of 1968 (GCA, at 18 U.S.C. Chapter 44), the Arms Export Control Act of 1976 (AECA, at 22 U.S.C. § 2778), and the National Firearms Act (NFA, at 26 U.S.C. Chapter 53). The Department of State and the Department of Commerce maintain similar systems of controls for exports and temporary imports.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Persons engaged in the business of importing defense articles on the U.S. Munitions Import List must be registered. Actual importation is authorized by use of the ATF Form 6—Application and Permit for Importation of Firearms, Ammunition and Defense Articles.
Q3. The system applies to goods originating in and coming from which countries?
All countries except those restricted by the Department of State from which imports are denied entry into the United States. Refer generally to 27 CFR 447.52 for restricted countries and defense articles; ATF also maintains an up-to-date listing at its Firearms and Explosives Imports Branch ((304) 616-4550).
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Primary purpose is to regulate international transfers into the United States of United States Munitions Import List defense articles consistent with U.S. national security and foreign policy. No alternative methods have been considered.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Arms Export Control Act of 1976 at 22 U.S.C. § 2778; 27 CFR Part 447; and Executive Order 13637 (78 F.R. 16129). Licensing is statutorily mandated and cannot be abolished without legislative action.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
A Federal firearms License is issued within 60 days after receipt of a properly completed application. Any person who wishes to permanently import a defense article on the U.S. Munitions Import List into the United States must first file application with ATF and obtain an approved ATF Form 6—Application and Permit for Importation of Firearms, Ammunition and Defense Articles.
Q7.b. Can a licence be granted immediately on request?
No. A license cannot be granted immediately on request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes, consideration of license applications is effected by a single administrative organ (ATF).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
No additional circumstances apply. The reasons for refusal are provided to the applicant. In the event of refusal to issue a Federal firearms license, administrative appeals may be made through the Director of the ATF. If an import permit is denied, revoked, suspended, or revised, the importer or applicant shall be advised in writing of the decision and the reasons therefor. Within 30 days of receipt, the applicant or importer may file a written request for an opportunity to present additional information and to have a full case review by the appropriate ATF officer.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms, and institutions are eligible to apply for licenses.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The ATF Form 7 is the application for a Federal firearms license. The ATF Forms 6 and 6A are the import application and permit: Application and Permit for Importation of Firearms, Ammunition and Defense Articles (ATF Form 6, Part I); Release and Receipt of Imported Firearms, Ammunition and Defense Articles (ATF Form 6A). The ATF Form 4587 is the Application to Register as an Importer of U.S. Munitions Import List Articles.
Q11. What documents are required upon actual importation?
Proof to United States Customs and Border Protection of permit status furnished by the importer or its agent. Application and Permit for Importation of Firearms, Ammunition and Defense Articles (ATF Form 6, Part I); Release and Receipt of Imported Firearms, Ammunition and Defense Articles (ATF Form 6A). A fee for registration is charged, but not for the permit.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Amount of fee:
One year: US$250
Two years: US$500
Three years: US$700
Four years: US$850
Five years: US$1,000
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Registration: one to five years. Permit: two years from date of issue or until the quantity approved for import is brought in, whichever comes first.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.