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Author Topic: Rule Change May Devastate International Travel for Hunters and Shooters  (Read 4657 times)

Offline bearpaw

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Rule Change May Devastate International Travel for Hunters and Shooters

The Obama administration’s relentless assault on the Second Amendment continues as the State Department implements a new rule which catches American hunters and sport shooters in a web of bureaucratic red-tape when traveling outside the United States.  Coming close on the heels of the withdrawn BATFE ammo ban we reported on last week, an unmistakable pattern of abuse is beginning to emerge, suggesting Obama’s last two years could prove the most challenging period in history for America’s gun owners.

read more: https://www.nraila.org/articles/20150320/rule-change-may-devastate-international-travel-for-hunters-and-shooters
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Offline Bob33

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I am travelling internationally in May and am working through this now. I will provide more information when I am done.
Nature. It's cheaper than therapy.

Offline Bob33

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I received this today.

Update on New Firearm Export Requirements for US Travelers

 
Answers about those new requirements by US Immigration and Customs Enforcement for the temporary export of sport firearms are slowly surfacing, but it has taken some digging. While most front-line Customs agents still seem to be in the dark about these requirements, we understand the target date for implementation is May 1, 2015. At that time US travelers or an agent acting on their behalf will have to file the Electronic Export Information (EEI) using the Automated Export System (AES) to acquire an Internal Transaction Number (ITN). The ITN is evidence to Customs Border Patrol that you filed with AES and upon returning to the US you can prove you originally had the firearm when you left.

However, actually filing with AES has proven problematic for most people who have tried. Here's an explanation of how to overcome some of the difficulties, thanks to Jeff Coppersmith, president of Coppersmith Global Logistics and a chairman of the association for custom brokers and freight forwarders. Through his professional connections at Customs, the Internal Revenue Service, the Census Bureau and other agencies involved in this effort, Coppersmith acquired the following information for hunters and shooters trying to file the EEI through AES.

The AES system, actually designed for commercial use in exporting goods, requires you to have an EIN (Employer Identification Number). (Originally, users of AES could use a social security number, but, due to identity theft, an EIN is now required.) This is where many travelers hit a roadblock. Coppersmith says you can get an EIN assigned to you through the IRS.gov website. Sign up as a Sole Proprietor without any employees. There is a comment box in which you should write "For AES purposes only." This should exempt you from having to file any other forms usually required by the IRS when filing for an EIN. According to Coppersmith, the process should take no more than 15 minutes online. Once you have an EIN, go to the site AESDirect.gov and follow the instructions. There is no charge to file. *Note if you have an EIN for your business, you CANNOT use your company's EIN for this purpose. You must get a personal EIN.

When filing through AES, remember to include each firearm you are taking (up to three per person) and the ammunition you are taking.

As an option, Coppersmith is offering to complete AES filings as one of his company's services to hunters. Coppersmith Global Logistics is a licensed freight forwarder and is familiar with the system. They will require a signed Export Power of Attorney, your EIN and a completed questionnaire detailing your trip and the firearms you plan to take. Coppersmith is charging $50 for the service.

Travel agent Steve Turner of Travel with Guns is also offering this service to clients who book their flights through his company.

Be aware that you must still get a Customs Form 4457 and present all the paperwork to Customs before exiting the country with your firearms. The Hunting Report heard just today that some hunters are already being asked for their ITNs by Customs. So, while many field agents don't seem to know anything about the new regulations, a few seem to think the new regulations are already in force. Our advice - don't take a chance, especially if you will be returning from your trip after May 1.

In the meantime, a number of organizations are working to either repeal this new requirement altogether or suspend it until the agencies involved have a more user-friendly system in place and have their front-line agents properly trained on the enforcement. Both the National Rifle Association and theNational Shooting Sports Foundation are fully engaged on this issue and have proceeded to meet with appropriate agency personnel and lawmakers. Other organizations include Safari Club International and The World Forum on the Future of Sport Shooting Activities. Stay tuned. - Barbara Crown, Editor-in-Chief
Nature. It's cheaper than therapy.

Offline Bob33

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I am one of the first guinea pigs through the process.

It is a two step process. You must first obtain a personal EIN (Employer ID Number) from the IRS. If you already have one for a business, that is not sufficient - you must obtain a personal one. The process is free, and I found it to be straightforward. It is done online and takes about 10 minutes.

The second step is more complicated. You must obtain an ITN (Internal Tracking Number) from the AES (Automated Export System.) The ITN is proof to Customs and Border Patrol that you obtained an ITN. I made a good faith effort to navigate the AESDirect system on my own, and was not successful.

I turned to a company that is offering this service for a flat $50 fee: Coppersmith Global Logistics: http://www.huntingtrophy.com/

I contacted them, they emailed me forms to complete, and within the day I had my ITN number.

The next challenge will be checking in on flight day with firearms. The process is in a state of flux, and as best as I can tell no one knows for sure how this will work. You have potentially uneducated airline personnel dealing with potentially uneducated Customer and Border personnel, with TSA stuck somewhere in the middle of the mix.

I hope to get some updates before I fly in May, and will share them afterwards.

If you are planning to travel internationally with firearms in the near future, my advice is threefold: (1) use Coppersmith or another service to obtain your ITN, (2) make alternate arrangement to use firearms from the outfitter or another local source in case you are not allowed to ship your firearms on flight day, and (3) have someone drive you to the airport and wait until you've successfully checked in your firearms. If you cannot, they can take them home for you (in direct violation of I-594, by the way.)
Nature. It's cheaper than therapy.

Offline chuck270

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Guidance for U.S. Persons Traveling Outside the U.S. with Firearms and/or Ammunition
 
Any time a person departs the United States by any means or method of transportation, and is traveling with firearms and/or ammunition in their possession, the person must comply with all applicable laws and regulations governing the lawful exportation of these controlled items.
 
All persons who intend to travel from the United States to a foreign country with firearms and/or ammunition are reminded that both the permanent and temporary exportation of these items are subject to federal export licensing regulations.  The export regulations for handguns, rifles, associated parts and components, and related ammunition are found in the International Traffic in Arms Regulations (ITAR) administered by the Department of State’s Directorate of Defense Trade Controls (DDTC).  The export regulations for sporting shotguns (barrel length of 18 inches or more), muzzle loading firearms, associated parts and components, and related ammunition are found in the Export Administration Regulations (EAR) administered by the Department of Commerce’s Bureau of Industry and Security (BIS).
 
Export regulations require that prior to traveling outside the United States with firearms and/or ammunition all departing persons must obtain a valid and appropriate DDTC or BIS export license or qualify for a valid DDTC license exemption under 22 C.F.R. 123.17 - 123.18 or a valid BIS license exception under15 C.F.R. 740.14(e). 
 
Before exporting any firearms and/or ammunition with a valid DDTC export license or a qualifying license exemption, the traveler, or an agent acting on the traveler’s behalf, must file the Electronic Export Information (EEI) using the Automated Export System (AES) or the Internet-based system AESDirect which is publicly available and free of charge. There is no requirement to file EEI if the traveler is exporting sporting shotguns (barrel length of 18 inches or more) or shotgun shells utilizing BIS license exception BAG “Baggage” exception under 15 C.F.R. 740.14(e).  In addition to filing the EEI in AES or AESDirect prior to export, all firearms, ammunition and additional mandatory documentation (e.g., certifications, foreign import permits, proof of AES filing; such as the Internal Transaction Number) must be presented to U.S. Customs and Border Protection (CBP) authorities for visual inspection at the port of departure from the United States.
 
Homeland Security Investigations (HSI) is the primary federal law enforcement agency responsible for investigating international smuggling operations and enforcing U.S. export control laws.  Failure to comply with the federal regulations governing the temporary and permanent export of firearms and/or ammunition from the United States (including the proper filing of EEI) may result in the detention, seizure, and forfeiture of improperly declared firearms and ammunition and could further subject the traveler to arrest and criminal prosecution by HSI special agents for violation of federal export and/or arms smuggling laws.
 
FAQs
 
What government agencies regulate the export of firearms and ammunition from the U.S.?
The Department of State’s Directorate of Defense Trade Controls (DDTC) has licensing and regulatory jurisdiction over the export of all defense articles defined on the United States Munitions List (USML). This includes rifles, handguns, parts and components therefor, related ammunition, military grade and explosive weapons, combat shotguns (barrel length of 18 inches or less), and some optical sighting devices with night vision capabilities.
The Department of Commerce's Bureau of Industry and Security (BIS) has licensing and regulatory jurisdiction over the exports of items defined on the Commerce Control List (CCL) including sporting shotguns (barrel length of 18 inches or more) and muzzle loading firearms, parts and components therefor, and related ammunition.  BIS also maintains export licensing jurisdiction over non-lethal items such as air guns, pellet guns, paintball/pepperball guns, replica firearms, electrical immobilization devices (i.e. stun guns and Tasers), teargas/pepper spray, smoke and stun grenades, and most optical sighting devices for firearms.
The U.S. customs authorities, Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP), have primary responsibility for the enforcement of all U.S. export control laws and regulations including those governing the temporary or permanent export of firearms and ammunition form the United States.  HSI and CBP work together to identify, interdict, investigate and prosecute any criminal violations of these U.S. export laws and regulations as well as violations involving U.S. sanctions and embargoes and/or illicit smuggling activities.
What is required when traveling internationally with firearms and/or ammunition for personal use in recreational activities such as hunting and shooting sports competitions?
Any removal of firearms and/or ammunition from the U.S. for any period of time is considered an “export” and requires compliance with all applicable laws and regulations.  22 C.F.R. § 123.17 allows U.S. persons to export temporarily from the United States without a license not more than three (3) nonautomatic/semi-automatic firearms in Category I(a) of the United States Munitions List (rifles and pistols up to .50 caliber ) and not more than 1,000 cartridges therefor, provided that:
1.   The person declares the articles to a CBP officer upon each departure from the United States, presents the Internal Transaction Number (ITN) from submission of the Electronic Export Information (EEI) in the Automated Export System (AES) per 22 C.F.R. § 123.22, and the articles are presented to the CBP officer for inspection;
2.   The firearms and accompanying ammunition to be exported is with the individual's baggage or effects, whether accompanied or unaccompanied (i.e. checked baggage), but not mailed; and
3.   The firearms and accompanying ammunition must be for that person's exclusive use and not for reexport, sale, gift, or other transfer of ownership. The person must declare that it is his/her intention to return the article(s) on each return to the United States.
What is the process for properly reporting the possession of an export license or declaring a temporary export licensing exemption?
The process for properly reporting the possession of an export license or declaring a valid license exemption prior to export requires submitting the Electronic Export Information (EEI) via AES or AESDirect.  Proper submission of the EEI will generate an Internal Transaction Number (ITN) which must be presented to the carrier and to U.S. Customs and Border Protection prior to export.
What is AESDirect?
AES stands for “Automated Export System.” AESDirect is simple, streamlined and easily accessible to the public at no cost. More information on AESDirect can be found at the U.S. Census Bureau's Foreign Trade website.
What is an Internal Transaction Number?
The Internal Transaction Number (ITN) is a unique number that is generated as confirmation that the Electronic Export Information (EEI) was correctly submitted and accepted in AESDirect.
Travelers should maintain a copy of ITN and present it, along with a verbal declaration that they are traveling with a firearm(s) or ammunition, to U.S. Customs and Border Protection at the port of departure from the United States.
Can I use a CBP Form 4457 - Certificate of Registration for Personal Effects Taken Abroad to declare the temporary export of firearms/ammunition rather than filing the EEI in AESDirect?
No.  A CBP Form 4457 is used to register personal items (not professional or commercial articles) of foreign origin before traveling abroad to facilitate duty-free reentry of same articles upon traveler's return.  This Certificate may not be used to declare the permanent or temporary export of firearms, ammunition or other defense articles (as defined by the United States Munitions List) which requires the electronic reporting of export information in accordance with 22 C.F.R. 123.22.
If I qualify for an export license exemption under 22 C.F.R. § 123.17 is there anything else I need to be aware of before I depart the United States with firearms and/or ammunition?
Yes, if traveling from the U.S. to a foreign destination with firearms and/or ammunition for which no export license is required, travelers must adhere to the following requirements:
•         The firearms and ammunition may only be exported temporarily and must accompany the person  upon their immediate return to the United States;
•         The firearms/ammunition must accompany the traveler or be with the traveler’s checked baggage but may not be sent through the mail or via other contract carrier or common carrier services (i.e. UPS, FedEx, DHL, etc.);
•         The firearms and/or ammunition may not be gifted, sold or otherwise transferred to another person outside of the U.S.;
•         The firearms may not be exported to multiple countries during the same trip or to a country other than the end-destination declared in the Electronic Export Information (EEI);
•         No firearms and/or ammunition may be exported to certain countries that are subject to U.S. arms embargoes.  These prohibited countries are listed in 22 C.F.R. § 126.1;
•         Certain countries may require an Import Certificate or a U.S. export license before allowing the import of firearms and/or ammunition.  Travelers are responsible for determining and complying with any import requirements of any/all countries of intended destination or transit.  Failure to obtain the required foreign import permit(s) or to properly declare the firearms and/or ammunition upon arrival in a foreign country may result in detainment, denial of entry, arrest, criminal prosecution, and/or the seizure of firearms by foreign customs or police officials.
I am going hunting in Africa and plan to take a rifle and rifle ammunition; do I need to obtain an export license?
No, 22 C.F.R. § 123.17 allows U.S. persons to temporarily export up to three (3) firearms (rifles and/or handguns) and up to 1000 rounds of related ammunition without a license providing that they will be returned to the United States. However, the exporter is still required to make a declaration via the Automated Export System (AES), pursuant to 22 C.F.R. § 123.22(a) and submit the AES Internal Transaction Number (ITN) along with the firearms/ammunition to U.S. Customs and Border Protection (CBP) for visual inspection prior to departure from the U.S.
NOTE: U.S. persons exporting firearms and ammunition from the United States using a valid license exemption are responsible for knowing and complying with any foreign laws requiring an import permit or advanced authorization prior to transporting or carrying firearms and ammunition into the foreign country. Attempting to bring firearms into a foreign country without prior authorization or permission from the appropriate foreign officials may result in arrest, criminal prosecution, seizure of personally owned firearms and ammunition, and/or denial of entry into the country.
I am a U.S. person taking a shotgun and shotgun shells to Canada for hunting and recreational shooting.  Do I need a license?
No, 15 C.F.R. § 740.14(e)  authorizes a U.S. citizen or a permanent resident alien leaving the U.S. to temporarily export shotguns, with a barrel length 18 inches or over, and shotgun shells provided that:
•   No more than three (3) shotguns are taken on any one trip;
•   The shotguns and shotgun shells must be with the person's baggage (may not be mailed);
•   The shotguns and shotgun shells must be for the person's exclusive use for legitimate hunting or lawful sporting purposes, scientific purposes, or personal protection;
•   They are not for resale or other transfer of ownership or control;
•   All shotguns and unused shotgun shells must be returned to the United States.
NOTE: U.S. persons exporting firearms and/or ammunition from the U.S. are responsible for knowing and complying with any foreign laws requiring an import permit or advanced authorization prior to transporting or carrying firearms and ammunition into Canada or any other foreign country of destination.  Attempting to bring firearms into a foreign country without prior authorization or permission from the appropriate foreign officials may result in arrest, criminal prosecution, seizure of personally owned firearms and ammunition, and/or denial of entry into the country.
Do the temporary export regulations only apply to individuals traveling with firearms on commercial airlines?
No, the regulations governing the permanent and temporary export of firearms, ammunition and shotguns, including for personal defense, recreation, hunting and sporting purposes, apply to any removal of these items from the territorial boundaries of the United States regardless of transportation mode or method. This includes but is not limited to: commercial and private air travel; pedestrian and motor vehicle land border crossings; international passenger and commercial rail lines; private, commercial, and merchant watercraft, and international mail and courier parcels.
Where can I find additional information about the importation and exportation of firearms?
Department of State, Directorate of Defense Trade Controls http://www.pmddtc.state.gov/licensing/documents/Guidelines_Firearms012013.pdf
Department of Commerce, Bureau of Industry and Security        http://www.bis.doc.gov/index.php/policy-guidance/product-guidance/firearms
U.S. Customs and Border Protection  https://help.cbp.gov/app/answers/detail/a_id/388/~/permanently-exporting-a-firearm,-gun,-handgun,-rifle,-shotgun,-pistol,-etc
Bureau of Alcohol, Tobacco, Firearms, and Explosives                                               http://www.atf.gov/faq-page/326
U.S. Transportation Security Administration                                                     http://www.tsa.gov/traveler-information/firearms-and-ammunition
U.S. Postal Service                                                                                                http://about.usps.com/postal-bulletin/2011/pb22321/html/updt_001.htm
FedEx  http://esupport-fedex.custhelp.com/app/answers/detail/a_id/12012/~/completing-eei-%2F-sed-information-for-international-non-document-shipments
UPS   http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html?srch_pos=1&srch_phr=firearms

Offline chuck270

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Jingles,

Offline chuck270

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I don't know what to say...  I have a spring bear hunt planned out of the country in 30 days...  It will most likely be my last...

For the record your tin foil hat is just fin with me.  I have two. ;)

Offline Windwalker

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 Well crap.  :bash:
Everything has to be complicated.

This will undoubtedly taint the crossing for my moose hunt in Canada this year.
Maybe time to pre- position a 'possibles' container in each destination for future use.
Ship the necessities and have it all put in storage ahead of time.

Be interesting to see how this shakes out.
« Last Edit: April 23, 2015, 08:12:07 PM by Windwalker »
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Offline CJ1962

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Offline CJ1962

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I leave Tuesday for Africa, I may decide to take my rifle now.

 


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