LICENSE PROCEDURES

PART 123-LICENSING CONTROLS

123.63

123.64

Propellants and explosives.
Smokeless shotgun powder.

123.65 Privately owned military aircraft on temporary sojourn abroad.

SPECIAL EMERGENCY PROVISIONS 123.70 Temporary suspension or modification of the regulations of this part. AUTHORITY: The provisions of this Part 123 issued under sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934, sec. 103, E.O. 10575, 19 F.R. 7251, 3 CFR, 1954-1958 Comp.

SOURCE: The provisions of this Part 123 contained in Departmental Regulation 108.425, 25 F.R. 1824, Mar. 2, 1960, unless otherwise noted.

§ 123.01

Application for license.

Persons who intend to export from or import into the United States any of the articles enumerated in the United States Munitions List shall make application to the Department of State on form DSP-5 in the case of exports and DSP-38 in the case of imports. Application for intransit license shall be made on form DSP-61. Application for license to export technical data shall also be made on form DSP-5 (See Part 125 of this subchapter).

§ 123.02 Export license.

Articles on the United States Munitions List may not be exported until a license has been issued, or unless covered by an exemption provision of this subchapter. Prior to the issuance of an export license, the Department of State may also require documentary information pertinent to the proposed transaction. Licenses are applicable only to articles within the territorial jurisdiction of the United States (See also § 123.10). § 123.03 Import license.

(a) Articles on the United States Munitions List may not be imported until a license has been issued, or unless covered by an exemption provision of this subchapter. Prior to the issuance of an import license, the Department of State may also require documentary information pertinent to the proposed transaction.

(b) No military firearms or ammunition of United States manufacture may be imported for sale in the United States if such articles were furnished to foreign governments under a United States foreign assistance program. This prohibition is applicable to military firearms and ammunition furnished on a grant basis to, or for which payment in full has not been made by, a foreign government under the Lend-Lease Act of 1941, as amended; the Greek-Turkish Aid Act of 1947, as amended, the China Aid Act of 1948, as amended; the Mutual Defense Assistance Act of 1949, as amended; the Mutual Security Act of 1951, as amended; and the Mutual Security Act of 1954, as amended.

(c) The above restriction covers firearms which are advanced in value or im

proved in condition in a foreign country, but it does not include those which have been so substantially transformed as to become, in effect, articles of foreign manufacture (See § 121.02 of this subchapter).

(d) A person desiring to import military firearms and ammunition which were manufactured in the United States must certify that the importation of such firearms or ammunition is not prohibited by the provision of paragraph (b) of this section, and that none of the firearms or ammunition being imported was furnished on a grant basis to, or was acquired without full payment by, a foreign government under a foreign assistance program of the United States as set forth in paragraph (b) of this section. The certification statement must be accompanied by documentary information on the original foreign source of the material.

NOTE: For the purpose of this section, the term "military firearms and ammunition" includes all firearms and ammunition furnished under the foreign assistance programs of the United States as set forth in paragraph (b) of this section. The term payment in full as used in paragraph (b) of this section, means the payment of a price established by the United States Government as the full value of the property.

An intransit license must be obtained prior to the entry of the material into the United States for transshipment to a third country (See also § 123.60).

§ 123.05 Validity and terms of licenses. (a) Licenses are valid for six months from their issuance date unless a different period of validity is stated thereon. They are not transferable.

(b) No extensions may be granted on licenses which have expired or are about to expire. If shipment cannot be completed during the period of validity of the license, another application may be submitted for license to cover the unshipped balance.

or

(2) The security of the United States;

(3) The foreign policy of the United States.

(b) Whenever after appropriate consideration a license application is denied, or an outstanding license is revoked, suspended, or revised, the applicant or licensee shall be advised promptly in writing of the Department's decision, and the reasons therefor as specifically as security and foreign relations considerations permit.

(c) Upon written request made within 30 days after receipt of an adverse decision, the applicant or licensee shall be accorded a full review of his case by the Department.

(d) Unused, expired, suspended or revoked licenses must be returned immediately to the Department of State.

§ 123.07 Amendments and alterations.

No amendment or alteration of a license may be made except by the Department of State, or by collectors of customs or postmasters when specifically authorized to do so by the Department of State.

Prior to exportation or importation, licenses shall be filed with the collector of customs at the port through which the shipment is being made except for exports by mail (see § 123.10). Shippers' export declaration (United States Department of Commerce form 7 25-V) must also be filed with and authenticated by the collector before the commodities are exported.

§ 123.10 Shipment by mail.

(a) Export licenses for United States Munitions List articles, except technical data (see §§ 125.40 and 125.41 of this subchapter), which are being transported by mail shall be filed with the postmaster at the post office where the articles are mailed. The postmaster shall endorse each license to reflect shipments made.

try of ultimate destination must be the country wherein the articles being exported are to be used.

(b) The prior written approval of the Department of State must be obtained before United States Munitions List articles previously exported from this country under license may be re-sold, diverted, transferred, transshipped, reshipped or re-exported to, or used in any country other than that described on the export license as the country of ultimate destination.

(c) The following statement shall be entered on the shipper's export declaration, the bill of lading and the invoice whenever United States Munitions List articles are to be exported:

These commodities are licensed by the United States Government for export to Diversion

(Country of ultimate destination) contrary to United States law prohibited. The American exporter and forwarding agent shall have the responsibility of entering such a statement.

§ 123.24 Territories, possessions, other areas under United States sovereignty and the Canal Zone.

Export and import licensing controls do not apply to shipments between the continental United States, United States territories, possessions, other areas under the sovereignty of the United States, and the Canal Zone. Licenses are required, however, for exports from such areas to foreign countries.

§ 123.25

Domestic aircraft shipments via foreign ports.

A written statement must be filed by the pilot with the collector of customs at the port of exit for airborne shipments of arms, ammunition, and implements of war being transported from a port in the United States to another United States port via a foreign country other than Canada. The original of the statement should be filed with the collector at the port of exit and a duplicate thereof filed with the collector at the port of re-entry, for endorsement by him and transmission to the collector at the port of exit.

(a) Subject to the provisions of § 123.22, collectors of customs are authorized to permit not more than three non-automatic rifles, carbines, revolvers, or pistols and not more than one thousand cartridges therefor, to enter the United States or depart therefrom without a license when these firearms are on the person of an individual or with his baggage or effects, whether accompanied or unaccompanied, and are intended exclusively for his personal use for sporting or scientific purposes or for personal protection and not for resale.

(b) Subject to the provisions of § 123.22, collectors of customs are authorized to permit the exportation without a license of ammunition for firearms, provided the quantity does not exceed one thousand rounds in any shipment and the ammunition is for the personal use of the consignee and not for resale. A license is required, however, for exportation to Bahrein, Kuwait, Qatar, the Trucial States, and Muscat and Oman.

(c) Subject to the provisions of § 123.22, collectors of customs are authorized to permit the importation without a license of one non-automatic firearm for the personal use of the ultimate consignee and not for resale.

§ 123.53 Arms for the use of members of the armed forces.

(a) Collectors of customs are authorized to permit members of the United States Armed Forces or United States civilian personnel employed by those

forces, presenting written authorization from their commanding officers, to ship or bring into the United States without license, war trophies and souvenirs consisting of firearms and ammunition therefor.

(b) Collectors of customs are authorized to permit rifles, carbines, revolvers, pistols, and parts of such weapons to leave the United States without a license, provided they are consigned to servicemen's clubs overseas or to individual members of the Armed Forces of the United States, and are accompanied by a written authorization from the commanding officer.

§ 123.54 Sample shipments.

Collectors of customs are authorized to permit up to an inclusive total of three rifles, carbines (excluding automatic and semi-automatic models), revolvers and pistols to be exported or imported without a license, providing the articles being shipped are not for sale and will be returned to the same exporter or importer. Collectors of customs may also permit the exportation and importation of such sample weapons without a license when they are being returned to their owner.

MISCELLANEOUS EXEMPTIONS

§ 123.60 Border shipments.

Shipments originating in Canada or Mexico which incidentally transit the United States en route to a delivery point in the country of origin are exempt from the requirement of an intransit license. § 123.61 Certain helium gas exports.

Subject to the provisions of § 123.22, collectors of customs are authorized to permit the export without a license of miniature cylinders containing helium gas in fractional cubic foot quantities mixed with other gases, provided that the gas is intended for medical use and shipment does not exceed ten cubic feet of "contained helium" to any consignee. § 123.62

Scuba equipment.

Collectors of customs are authorized to permit the exportation or importation without a license of not more than three units of Scuba and other self-contained diving and swimming apparatus, intended exclusively for personal use.

§ 123.63 Propellants and explosives.

Subject to the provisions of § 123.22 of the Department's regulations, collectors of customs are authorized to permit the exportation without a license of propellants, except solid and liquid propellant compositions, and explosives for nonexplosive uses such as medical uses and laboratory tests. Such shipments must be clearly marked as to content, include no materials classified from a military security point of view, and weigh no more than 25 pounds.

§ 123.64 Smokeless shotgun powder.

Collectors of customs are authorized to permit the importation of smokeless shotgun powder without a license (See Category V of the United States Munitions List).

§ 123.65 Privately owned military aircraft on temporary sojourn abroad.

(a) A certificate of temporary sojourn may be issued by the Department in appropriate instances in lieu of an export license to authorize the departure of privately owned military aircraft from the United States for a temporary sojourn abroad not to exceed three months' duration. The Department may require documentary evidence pertinent to the aircraft or proposed sojourn before issuance of a certificate of temporary sojourn. The provisions of § 126.02 are also applicable to certificates of temporary sojourn.

(b) Private owners of military aircraft to be flown or shipped from the United States under the provisions of paragraph (a) of this section shall complete and submit a request for a certificate of temporary sojourn, Form DSP-73, in triplicate to the Department for its approval.

(c) An original and duplicate copy of the certificate of temporary sojourn issued by the Department must be presented to the collector of customs at the port of departure. The certificate is for endorsement by the collector provided he finds no discrepancy in the statements made therein. The endorsed certificate shall be returned to the pilot and carried on the aircraft as evidence that the required permission has been granted and the duplicate retained by