State Department Ruling on 3/4 mil-dot : OFFICIAL NOTICE OF THE STATE DEPARTMENT MARCH...

OFFICIAL NOTICE OF THE STATE DEPARTMENT

MARCH 4, 2004

We have received the Commodity Jurisdiction determination for the ¾ mil dot reticle and the riflescopes that have a ¾ mil dot reticle.

The State Department has ruled that ¾ mil dot reticle or riflescopes with a ¾ mil dot reticle are not subject to the licensing jurisdiction of the Department of State, if the item is specifically designed for commercial applications or used without modification/adaptation for military applications. 

The ¾ mil dot reticle and riflescopes that have a ¾ mil dot reticle are subject to the licensing jurisdiction of the Department of Commerce.  In accordance with the Export Administration Regulations, issued by the Department of Commerce, Bureau of Industry and Security (BIS), riflescopes (ECCN 0A987) including any applicable parts or accessories are controlled for ‘crime control’ and the ‘firearms convention treaty’.  Riflescopes must have an export license prior to exiting the U.S.A. to most countries.  The Commerce Country Chart located in the Export Administration Regulations, Supplement 1 to Part 738 is a comprehensive list of the countries for which an export license is required.  The latest issue to date of the Commerce Country Chart is attached for your reference.  For future updates refer to the homepage of the Bureau of Industry and Security at www.bis.doc.gov.  Once at the homepage click on ‘policies and regulations, then export administration regulations (EAR), then EAR website, then EAR database, go to Supplement 1 to Part 738 for the listing.

A State Department license is required prior to shipment to any customer in any country, if the ¾ mil dot reticle or riflescopes with ¾ mil dot reticle are specifically designed, developed, configured, adapted or modified for use on United States Munitions List (USML) controlled items. Controlled items are subject to the licensing jurisdiction of the Department of State in accordance with the International Traffic in Arms Regulations (22 CFR 120 through 130). 

Please pass this information on to those that report to you or may be impacted by this ruling.