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  1. #1
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    Default Don't ignore ITAR, EAR and BIS.

    Every now and again we see a post where people ask about buying "controlled" items in the USA and either plan to carry it out of the USA or have a friend send it out for them.

    We advise against it due to ITAR.

    Do not ever think that you and/or your purchase are too insignificant to attract attention - the US bureaucracy is very good at admin and compliancy.

    Other than ITAR there is also EAR and BIS to take into consideration.

    Here is an account of an interaction with BIS by a contributor to TFB.

    http://www.thefirearmblog.com/blog/2...t-r-heard-b-s/

    "In the past two months ITAR has gotten the limelight due to the DDTC’s issuing new guidance on ITAR. You can refresh yourself by clicking here and reading about it.

    Well ITAR is a set of regulations which are enforced by Department of State Directorate of Defense Trade Controls (DDTC), there are other entities that enforce exportation. US Customs is one entity many of you are familiar with, well there is a third party that has been operating without the limelight. They are the Bureau of Industry & Security (BIS).

    Their mission statement:
    Advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership.

    How do I know of this organization? They came to my house. Two agents came from NY to investigate me based on something I ignorantly tried to ship. Last December a friend, from Hong Kong, asked me to get him a newly released red dot sight. He is an avid Airsofter and I did not know red dots are regulated for export. Stupid me. Customs seized the red dot in Chicago. I investigated further and there would be a fine to get the red dot back. However it would cost as much as the optic. It was not worth it so it was abandoned. In the future I could get a license to export optics. I looked it up but it would cost a couple thousand dollars paid to ITAR. Not worth it for trying to help a friend. I’m not making a business out of this.

    I thought that was the end of it. How naive of me. Later I received a call from Special Agent Perry asking if I was home. I was not, so we made arrangements to meet the following day. Two agents came to my house that day. They were investigating the provenance behind the red dot shipped to Hong Kong. They were concerned it might be a more serious problem.

    I showed them all the correspondence between me and my friend. They were satisfied that this was a one time event. Special Agent Perry had a list of every item I had shipped internationally for the past year. I have shipped quite a lot to friends in Singapore, Hong Kong and South Korea. All of them were for toys such as airsoft and Nerf. Yes Nerf is what people in Singapore are left to play with since paint ball and airsoft are illegal there. And I don’t mean a slap on the wrist and a fine. Airsoft is treated like a firearm. You will go to jail if you are in possession of an airsoft gun.

    Special Agent Perry told me that they are tasked with following up and investigating people trying to export certain items. Optics is one of the red flagged items. They monitor where shipments are sent. Russia is a HUGE no no. They told me they have seen an increase of higher end optics going to Russia which then find their way to Syria and other places. So it is truly a matter of National Security. They shared with me one of the biggest problems is selling online like eBay. The buyer asks the seller to ship to a third party. Where it gets repackaged and reshipped out of the country. Those operations are often run by criminals.

    There is some good news about this encounter. I learned about the BIS and that they can grant licenses to export items like optics. For example, if my friend in Hong Kong and I want to go into business together I can get a license. Say I ship 100 red dots in the course of 5 years to the same guy. I can get a license for that. However there is an aspect that needs careful attention. It is the end user. The BIS keeps an updated list of people who are not supposed to receive the items they regulate. As an exporter you need to know who the end user will be and they need to be vetted. Once that is done, you are granted a license to export. The best part? It is free.
    I dodged a bullet and learned a valuable lesson from this experience. I hope you can glean something from this and learn about a governing agency that many of us are oblivious to. If you want to learn more about the Bureau of Industry & Security you can check them out at BIS.doc.gov."


  2. #2

    Default Re: Don't ignore ITAR, EAR and BIS.

    Thank you Khumba. Now I understand why optics international would not ship a rifle scope to my brother who was working in the US at the time. I indicated to them I would be the end user and the refunded the money and that was the end of it.

  3. #3
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    Default Re: Don't ignore ITAR, EAR and BIS.

    The biggest problem I found is that these government websites are very vague about what is considered legal or illegal to ship. I had a friend who went to the USA earlier this year and I couldn't for the life of me make out what is considered legal/illegal to export. I order some stuff from MidwayUSA and had it delivered to his daughter who lives in Virginia. He came home with the goodies and a tag in his bag that they inspected his baggage. All my items were safely let through. I had dies and scope mounts among them. I decided against brass cases as I already knew of people that had trouble on local flights with that.

  4. #4
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    Default Re: Don't ignore ITAR, EAR and BIS.

    Thanks Khumba

    This should be made a "sticky"

  5. #5
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    Default Re: Don't ignore ITAR, EAR and BIS.

    and once again, if the badguys really want these "prohibited items" they will still get them, so this just inconveniences the average joe

  6. #6
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    Default Re: Don't ignore ITAR, EAR and BIS.

    Quote Originally Posted by prepare2win View Post
    and once again, if the badguys really want these "prohibited items" they will still get them, so this just inconveniences the average joe
    Pretty much.

    They can just come and buy them off the shelf in SA, and then ship them wherever they want.

    The only difference is cost.

  7. #7
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    Default Re: Don't ignore ITAR, EAR and BIS.

    Quote Originally Posted by Boersonderroer View Post
    The biggest problem I found is that these government websites are very vague about what is considered legal or illegal to ship. I had a friend who went to the USA earlier this year and I couldn't for the life of me make out what is considered legal/illegal to export. I order some stuff from MidwayUSA and had it delivered to his daughter who lives in Virginia. He came home with the goodies and a tag in his bag that they inspected his baggage. All my items were safely let through. I had dies and scope mounts among them. I decided against brass cases as I already knew of people that had trouble on local flights with that.
    There are very detailed extensive lists that constantly updated.

    Two main ones are the United State Munitions List (UMLS) for ITAR regulated items enforced by Homeland Security and State department and Commerce Control List (CCL) for EAR regulated items enforced by BIS as described by Khumba.

    These lists however are a mile long, if the dealer/shop is registered for exports they should be able to tell which items are okay, which required further permits and end user agreements and which are totally verbotten.

  8. #8
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    Default Re: Don't ignore ITAR, EAR and BIS.

    Maybe want to add (although it should be obvious) do not try funny stuff or stretching the truth for permit applications and end user descriptions.

    They do home visits in South Africa as well.

  9. #9
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    Default Re: Don't ignore ITAR, EAR and BIS.

    Quote Originally Posted by HvR View Post
    Maybe want to add (although it should be obvious) do not try funny stuff or stretching the truth for permit applications and end user descriptions.

    They do home visits in South Africa as well.
    The US do home visits in SA for ITAR infractions?

  10. #10
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    Default Re: Don't ignore ITAR, EAR and BIS.

    They do fly over once or twice a year and do site visits to check up on people who got ITAR exemptions so pretty sure they will for infractions as well, maybe accompanied with SAPS.

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