Temporary v. Permanent Imports: the Difference is Important!

When you are considering importing small arms, parts, accessories, or ammunition, it would seem very logical that the set of regulations to which you should look would be those dealing exclusively with imports: the United States Munitions Import List, or “USMIL” for short.

What you might be surprised to learn, though, is that the USMIL only govern “permanent” imports, “temporary” imports are under the authority of either the ITAR or the EAR, depending on what is being imported.

First, it likely seems strange to you that so-called export regulations are concerned with imports at all. On top of that, what exactly is a “temporary” or “permanent” import, and how do you tell the difference? Well, the definition is detailed and you should consult the regulations and seek a lawyer to understand fully how they apply to your specific case, but broadly, a temporary import of a defense article is one that will be brought into the United States, and then in short order either be re-exported, or expended within the United States.

Two good examples of temporary imports are a new, foreign-made and -designed barrel assembly for carbines, and the new, specially-designed ammunition to be fired through it. These items are being brought into the United States for a demonstration at a trade show. the barrel assembly will be imported installed in a carbine and fired for an audience of prospective buyers, before being sent back to the manufacturer abroad. The ammunition being imported will be expended in that firing demonstration, and the spent shell casings will be re-exported with the carbine and barrel assembly. The barrel assembly and carbine in which it was installed are a temporary import because they will be re-exported after their intended use. The ammunition is a temporary import, because it will be used up in the United States, thus ceasing to exist as small arms ammunition. Therefore, these imports would actually be subject to the export regulations of the ITAR and/or EAR, as is appropriate by their characteristics.

Permanent exports, on the other hand, are exactly how they sound: exports of goods that are meant to stay permanently in the United States. For example, a shipment of Vz. 58 sporting carbines from the Czech Republic imported for sale to the American civilian shooting sports community are a permanent import, because their intended buyers and end-users are in the United States. As permanent imports, these excellent, light, accurate little carbines (a personal favorite of mine) would be subject to Department of Justice regulation through the USMIL.