January 21, 2021
We attended the NSSF’s January 11-14 firearms import-export webinars so that we can pass on the valuable information to those of you who were unable to attend. As many of you know, jurisdiction over the export of the majority of firearms and ammunition was formally transferred from the Department of State to the Department of Commerce on March 9, 2020. Most firearms, ammunition, component parts, and related accessories are now on the Commerce Control List (“CCL”), and are subject to the Export Administration Regulations (“EAR”) administered by the Department of Commerce, Bureau of Industry and Security. Now, when determining whether it is necessary to obtain an export license, it is necessary to determine the Export Compliance Control Number (“ECCN”) that is applicable to the product at issue. With the addition of firearms and ammunition, seventeen new ECCNs were created and added to the CCL, which is more than 500 pages long.
Once the ECCN for a product has been determined, the CCL and the Commerce Country Chart must be consulted to determine whether a license is required to export the product to a particular country, or if there is an exception that would allow the product to be exported without the need for a license. Determining the applicable ECCN for a particular product can be difficult, and the Department of Commerce has received more than 300 requests to classify firearms (and related parts and accessories) to determine their applicable ECCN since those products were added to the CCL less than a year ago. Renzulli Law Firm regularly advises industry members concerning requirements for the export of firearms pursuant to both the EAR and the International Traffic in Arms Regulations (“ITAR”) administered by the Department of State. We can assist you in determining the correct ECCN for a product, whether a license is required to export that product to a particular country, and whether there are any license exceptions that may apply.
For those products on the CCL that require an export license, Renzulli Law Firm can assist with the license application. Unlike export license applications pursuant to ITAR, applications for export licenses from the Department of Commerce can be drafted in a manner that will allow a single license to cover all expected exports of a particular ECCN to a specific country. This can eliminate the delay associated with having to submit new license applications if there is a change in an order, or if new orders are received from different customers after a license application is submitted.
Our next Firearms Import-Export Update will address the products that remain subject to the ITAR, including suppressors. For additional information on the import and export of firearms, please contact John F. Renzulli or Christopher Renzulli.