(2) With respect to Chinese and Chinese-type goods the value of which exceeds $100 in any calendar month, the purchase or importation of goods originating in mainland China is prohibited without a Treasury license. However, many specified commodities which are typically and principally used by Chinese or which are prepared, processed, or designed in the Chinese manner may be purchased and imported if a certificate of origin, appropriate for Foreign Assets Control purposes, is obtained at the

time of purchase. A check with the U.S. Consulate before making purchases is particularly desirable if traveling in Far Eastern Countries.

c. Obtaining current regulations. A copy of current regulations with lists of the commodities affected and of the certification procedures in effect may be obtained from the Office of Foreign Assets Control, Treasury Department, Washington, D.C. 20220.

*1836 FEDERAL SAFETY STANDARDS

a. Requirements. Motor vehicles and motor vehicle equipment manufactured on or after 1 January 1968 and imported into the United States are subject to Federal motor vehicle safety standards promulgated by the Department of Transportation in 23 CFR Part 255. In general, a motor vehicle manufactured on or after 1 January 1968 will not be permitted entry into the United States unless it conforms to applicable safety standards in effect at the time the vehicle was manufactured.

b. Entry procedures. Compliance with these safety standards should be established by certification in the form of a label or tag permanently affixed to the vehicle, and customs officials will not refuse entry to a vehicle which bears such a valid certification. Vehicles may be cleared through customs without

such certification in certain circumstances described in 19 CFR Part 12 including the following:

(1) Vehicles which were manufactured before the effective date of the safety standards. (A declaration to this effect by the importer or consignee is required.)

(2) Vehicles not manufactured in conformity with the safety standards, but which have been altered to conform prior to importation. (A certifi cation by the manufacturer or contractor is required.); and

(3) Vehicles which do not conform to the safety standards but which the owners promise to bring into conformity within 90 days and for which the owners post bond to that effect.

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*1837 BACKGROUND

The Gun Control Act of 1968, P.L. 90-18, 18 U.S.C. §§921-928, sets forth the controls concerning the transportation, shipment, receipt, and importation of privately-owned firearms and ammunition. The Director, Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, is responsible for the general administration and enforcement of the Act. The Bureau of Customs has responsibility for the enforcement of the import aspects as they relate primarily to the clearance of imported firearms and ammunition. Specific provisions concerning the importation of firearms and ammunition by members of the U.S. Armed Forces are found in 26 CFR § 178.114.

*1839 REGULATIONS

*1838 SERVICE REGULATIONS

Chapter 10, DOD Instruction 5030.49-R of 15 February 1973 (Customs Inspections), contains detailed instructions implementing the provisions of the Gun Control Act of 1968 and related laws and regulations as they apply to the importation of firearms and ammunition by DOD personnel. The chapter, however, does not apply to the control, registration or shipment of war trophy firearms, which are governed by OPNAVINST 3460/MCO 5800 series. DOD Instruction 5030.49-R can be obtained from the Naval Publications and Forms Center, Philadelphia, Pennsylvania, as enclosure (1) to OPNAVINST 5840.3 of 26 February 1973.

In addition to the export regulations exercised by the Department of Commerce (15 CFR 368-99), the export of arms and defense articles on the U.S. Munitions List is subject to control and licensing by

the Department of State and the Department of Defense. For regulations see: 22 CFR, Subchapter M of Chapter I; DOD Directive 5030.28 series; SECNAV Instruction 5740.20 series; and OPNAV Instruction 400.36 series.

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1901 PURPOSE

A legal assistance program providing needed legal advice and assistance to military personnel and their dependents has been in operation in the naval service since 1943. The program has improved the morale of personnel and reduced disciplinary problems since its inception. The purpose of this Chapter is to provide guidelines for the continuation of the program.

1902 POLICY

Personal problems that remain unresolved adversely affect morale and efficiency and frequently result in behavior requiring disciplinary action. Prompt and understanding aid in resolving these problems is an effective preventative. Accordingly, it is the policy of the Department of the Navy to maintain from available resources a legal assistance program to make eligible persons aware of their legal rights and obligations and to assist military personnel and their dependents in obtaining adequate legal advice and services from within the military service.

1903 LEGAL ASSISTANCE OFFICERS

All Navy and Marine Corps judge advocates on active duty or inactive duty for training, and all civilian lawyers under the cognizance of the Judge Advocate General who are members of the bar of a Federal court or of the highest court of any State, or, in foreign countries, who are authorized to practice law in the courts of the country concerned, are legal assistance officers. While performing legal assistance duties, legal assistance officers shall be guided by the Canons, Ethical Considerations, and Disciplinary Rules of the Code of Professional Responsibility of the American Bar Association and the Canons of Professional Ethics and supplemental Federal Ethical Considerations of the Federal Bar Association. Persons who are authorized to practice law in the courts of a foreign country shall be guided by similar standards which have been promulgated for the guidance of lawyers in the country concerned.

1904 LEGAL ASSISTANCE OFFICES

a. Establishment of offices. A legal assistance office shall be established at each Navy Legal Service Office and at each Marine Corps command exercising

general court-martial jurisdiction. In addition, any commanding officer having a legal assistance officer attached, assigned, or available to his command may establish a legal assistance office. The legal assistance office shall be disestablished when no person qualified to perform legal assistance duties is attached, assigned, or available to the command. Whenever a legal assistance office is established or disestablished, the Judge Advocate General shall be notified.

b. Location. Each legal assistance office should be conveniently located so as to be easily accessible to all persons eligible for legal assistance, and should be provided with facilities which will enable private consultation with legal assistance clients. Information as to the location and hours of the legal assistance office and the nature of the services available shall be published periodically in local directives and posted in appropriate conspicuous places.

c. Legal assistance reference material. The Judge Advocate General will, from time to time, furnish directly to legal assistance offices such professional information, reference material, and procedural suggestions and recommendations as he may deem advisable to enable legal assistance officers to render legal assistance services. Reference materials and publications so furnished are the property of the Office of the Judge Advocate General and shall remain in the legal assistance office and be carefully preserved. If the legal assistance office is disestablished, all such material shall be returned to the Judge Advocate General.

d. Action to be taken by commands not having a legal assistance office. All commands shall maintain in a convenient location, and publish from time to time, a current list of the legal assistance offices serving the command and a list of local civilian lawyer-referral committees or services.

1905 PERSONS ELIGIBLE FOR ASSISTANCE

Legal assistance shall be available to members of the Armed Forces of the United States and their dependents, and military personnel of allied nations. serving in the United States, its territories or possessions. The service is intended primarily for the benefit of personnel during active service, but is to be extended to retired military personnel, their depend

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ents, survivors of members of the Armed Forces who would be eligible were the service member alive, and in overseas areas, to civilians, other than local-hire employees, who are in the employ of, serving with, or accompanying the United States Armed Forces, and their dependents, when and if the workload of the office renders such service feasible.

1906 FUNCTIONS OF LEGAL ASSISTANCE OFFICERS

a. Basic duties. A legal assistance officer, while performing legal assistance duties, in addition to performing any other duties which may be assigned to him:

(1) Shall counsel, advise, and assist persons eligible for assistance in connection with their personal legal problems, or refer such persons to a civilian lawyer as provided in section 1909.

(2) Shall serve as advocate and counsel for persons eligible for assistance in connection with their personal legal problems and may prepare and sign correspondence on behalf of a client, negotiate with another party or his lawyer, and prepare all types of legal documents, including pleadings.

(3) Shall, in appropriate cases and under guidelines contained in Appendix 19-a-(1) serve as advocate and counsel for, and provide full legal representation including representation in court to, persons eligible for assistance in connection with their personal legal problems.

(4) Shall, subject to the direction of the senior legal assistance officer of the command, establish contact and maintain liaison with local bar organizations, lawyer referral services, legal aid societies, and other local organizations through which the services of civilian lawyers may be made available to military personnel and their dependents.

(5) Shall supervise the personnel and operation of the legal assistance office in accordance with good legal practice and the policies and guidance provided by the Judge Advocate General.

(6) Shall advise persons with complaints of discrimination on policies and procedures under the Civil Rights Act of 1964 and SECNAV instruction 5350.5 series.

b. Nature of assistance. Legal assistance officers and administrative and clerical personnel assigned to legal assistance offices perform legal assistance duties as official duties in the capacity of an officer or an employee of the United States. Persons performing legal assistance duties, however, should not mislead those with whom they may deal into believing that their views or opinions are the official views or opinions of, approved by, or binding on, the Department of the Navy or the United States.

c. Duty to client. A legal assistance officer should exercise his independent professional judgement on behalf of his client within the standards promulgated in the Code of Professional Responsibility and the specific limitations imposed in this Chapter.

1907 LIMITATIONS ON SERVICE PROVIDED

a. Assistance in official military matters. Legal assistance duties are separate and apart from the responsibilities of a trial counsel, defense counsel, or other officer involved in the processing of courtsmartial, nonjudicial punishment, administrative boards or proceedings, investigations, or other official military matters. Frequently, a serviceman accused or suspected of an offense or of conduct leading to administrative proceedings will request advice from the legal assistance officer. In such a case, he should be advised of the proper procedures for obtaining counsel or advice. This limitation does not prevent the assignment of the same officer to perform the functions of a legal assistance officer and the functions of a defense counsel, counsel for a respondent, or counsel for a party.

b. Domestic-relations cases. In domestic-relations cases, a legal assistance officer may, with the knowledge and consent of both parties, and where neither party is represented by counsel, consult both parties without impropriety.

c. Nonlegal advice. The legal assistance officer, while giving legal advice, may also determine that the client needs or desires advice on related nonlegal matters. The legal assistance officer should provide legal advice only, or defer giving such advice, and refer the client to an appropriate person or agency for such nonlegal counseling. The legal assistance officer should establish and maintain a working relationship with those individuals who are qualified to provide nonlegal counseling services.

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