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President, June 26, 1934. This Act imposes certain taxes and restrictions upon the manufacture of, importation of, and commerce in certain firearms which are defined as a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition." Rules and regulations for the enforcement of this Act are prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury.*+

CROSS REFERENCE: For regulations prescribed by the Secretary of the Treasury under the National Firearms Act, see 26 CFR Part 307.

1.9 Applications for licenses. No person not registered under section 5 of the joint resolution shall export or import any of the arms, ammunition, or implements of war listed in § 1.49. All persons registered shall obtain from the Secretary of State a license to cover each shipment exported or imported. Blank forms of application for license

will be furnished by the Secretary of State upon request.*+

1.10 Import licenses. The Secretary of State will issue import licenses to all applicants who have duly filled out an application for license, Provided That, in case the articles to be imported are firearms, as enumerated in the National Firearms Act of June 26, 1934, referred to under $ 1.8, the importer has conformed to the pertinent regulations prescribed by the Secretary of the Treasury.**

Cross REFERENCE: For regulations prescribed by the Secretary of the Treasury under the National Firearms Act, see 26 CFR Part 307.

1.11 Export licenses. The Secretary of State will issue export licenses to all applicants who have duly filled out an application for license, unless the exportation of arms, ammunition, or implements of war for which a license is applied for would be in violation of a law of the United States or of a treaty to which the United States is a party.**

1.12 Licenses not transferable. Export and import licenses are not transferable and are subject to revocation without notice, if the exportation or the importation authorized by the license becomes illegal before the shipment is made. If not revoked, licenses are valid for 1 year from the date of issuance.**

1.13 Alterations. No alterations may be made except by the Department of State, or by collectors of customs acting under the specific instructions of the Department of State, in export or import licenses which have been issued under the seal of the Secretary of State.**

1.14 Revoked licenses. Export or import licenses which have been revoked or which have expired must be returned immediately to the Secretary of State.*+

1.15 Country of ultimate destination. The country designated on the application for license to export as the country of destination should, in each case, be the country of ultimate destination. If the

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**For statutory and source citations, see note to 8 1.1.

goods to be exported are consigned to one country, with the intention that they be transshipped thence to another country, the latter country should be named as the country of destination. If the country of ultimate destination cannot be ascertained at the time the application for export license is made, the country of initial destination may be named on the application as the country of destination. In such a case, however, the facts must be clearly explained and the Secretary of State must be informed of the ultimate destination by the exporter as soon as the latter has learned the country of ultimate destination of the shipment. The Secretary of State may refuse to grant an application for an export license until he is informed of the country of ultimate destination in order that he may assure himself that the license may be legally issued.**

1.16 Shipper's export declaration. The shipper's export declaration (Customs Form 7525) covering arms, ammunition, or implements of war for which an export license is required must contain the same information in regard to the nature and the value of the articles to be exported as that which appears on the application for license. If the person designated on the export declaration as the actual shipper of the goods is not the person to whom the export license has been issued by the Secretary of State, the name of this shipper should appear on the export license as that of the consignor in the United States.**

1.17 Type and model designation. Applications for license to export arms, ammunition, and implements of war should state, whenever possible, the type and model designation of the article to bé exported in order that the Secretary of State may determine, before issuing the license, that the provisions of $8 1.35–1.38 would not be violated by the exportation of the article in question. If an application is submitted in which the articles to be exported are inadequately designated, it will be returned to the applicant for completion in this respect.**

1.18 Presentation of licenses to collector of customs. The originals of licenses for the export and the import of arms, ammunition, and implements of war must be presented to the collector of customs at the port through which the shipment authorized by the license is being made. Export licenses and export declarations covering arms, ammunition, and implements of war must be filed with the appropriate collector of customs at least 24 hours before the proposed departure of the shipment from the United States, and, in the case of a shipment by a seagoing vessel, 24 hours before the lading of the vessel.**

1.19 Export license material to be packed separately. Arms, ammunition, and implements of war covered by an export license must, when exported, be packed separately from all other goods.**

1.20 Parcel post. Export licenses for arms, ammunition, and implements of war which are shipped by parcel post must be presented to the postmaster at the post office at which the parcel is mailed.**

1.21 Articles in transit through the territory of the United States. Articles entering or leaving a port of the United States, in

**For statutory and source citations, see note to 1.1.

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transit through the territory of the United States to a foreign country, will not be considered as imported or exported within the meaning of section 5 of the joint resolution, unless they are destined to a country to which the exportation of arms, ammunition, and implements of war is prohibited.*i

1.22 Application for export or import licenses on behalf of persons who are not required to register. Persons who are registered as exporters or importers of arms, ammunition, or implements of war under section 5 of the joint resolution may make application for export or import licenses on behalf of persons who are not required to register under the joint resolution but who may, in accordance with the provisions of $ 1.7, desire to make or receive occasional shipments of arms, ammunition, or implements of war.**

1.23 Arms more than 100 years old. Arms, ammunition, and implements of war which are more than 100 years old will not be considered as arms, ammunition, or implements of war within the meaning of section 5 of the joint resolution.**

1.24 Arms for the individual use of the person to whom consigned. Rifles, carbines, revolvers, and pistols entering the United States in single units for the individual use of the person to whom consigned will not be considered as imported within the meaning of section 5 of the joint resolution. (This does not relieve the consignee from the obligation to comply with such of the regulations prescribed by the Secretary of the Treasury under the National Firearms Act of June 26, 1934, referred to in $ 1.8, as may be applicable in the premises.) **

Cross REFERENCE: For regulations prescribed by the Secretary of the Treasury under the National Firearms Act, see 26 CFR Part 307.

1.25 Arms intended exclusively for sporting or scientific purposes. Arms and ammunition intended exclusively for sporting or scientific purposes or for personal protection, when entering or leaving the United States carried on the person of an individual or in his baggage, will not be considered as imported or exported within the meaning of section 5 of the joint resolution.**

1.26 The Government of the United States and its agencies are not "persons." The Government of the United States and its agencies are not “persons" within the meaning of that term as used in section 5 of the joint resolution and therefore no license is required for arms, ammunition, or implements of war imported or exported by them.*†

1.27 Arms returned to the United States worn or damaged. Arms and implements of war which have been legally exported from the United States, and which are returned to the United States worn or damaged for repair and reexport, will not be considered as imported within the meaning of section 5 of the joint resolution. An export license must be obtained, however, before such articles are reexported.*+

1.28 License required for the export of aircraft wheels and propeller blades. Licenses are required under the provisions of section 5 of the joint resolution for the export or the import of those

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**For statutory and source citations, see note to g 1.1.

articles only which are specifically mentioned in § 1.49. No license is required for the export or the import of the component parts of the articles or units enumerated in $ 1.49, except in cases where the export or import of such parts may reasonably be considered as involving, in fact, the export or import of a substantially complete article or unit in unassembled form. Aircraft wheels and aircraft propeller blades are, however, considered as constituting to such an unusual degree the main body of aircraft under-carriage units and aircraft propellers that a license is required for the export of wheels and propeller blades, even when they are shipped alone.**

1.29 Forgings or castings for arms. Forgings and castings for any of the arms, ammunition, or implements of war enumerated in § 1.49, which have reached such a stage in manufacture that they are clearly identifiable as forgings or castings for arms, ammunition, and implements of war, are considered as constituting arms, ammunition, and implements of war for the purposes of section 5 of the joint resolution, and licenses will be required for their export or import.**

1.30 License required for export of articles intended for war purposes. A license is required for the export of all articles listed in $ 1.49 (a) (5), which are intended or adapted for war purposes. The fact that such an article, when exported, is filled with a nonlethal gas or fluid having a common nonmilitary use will be considered as prima-facie evidence that the article is not intended for war purposes. No license is required for the export of articles listed under § 1.49 (a) (5), even if exported empty, which are adapted and intended solely for nonmilitary use. Articles listed in $ 1.49 (a) (5) will be considered ipso facto as intended or adapted for war purposes, unless when exported they either contain a nonlethal gas or fluid or can be proven to be adapted and intended solely for a specific nonmilitary use.* i

1.31 “Propellant powders," "potassium nitrate powders," "sodium nitrate powders." The terms "propellant powders," as used in 8 1.49 (g) (1), and “potassium nitrate powders” and “sodium nitrate powders," as used in § 1.49 (g) (2) apply to those powders in bulk form. They do not apply to such powders when enclosed in cartridges of types not enumerated in $ 1.49, in pyrotechnics, in safety fuse, or in other similar devices. Licenses will not, therefore, be required for the export or import of such cartridges or devices, even though they may contain one of these powders.**

1.32 Aircraft flown or shipped from the United States for a temporary sojourn abroad. Aircraft flown or shipped from the United States for a temporary sojourn abroad will not be considered as exported within the meaning of section 5 of the joint resolution when it is the intention of their owners that they shall remain under United States registry and shall be operated by a United States licensed pilot during the entire period of their sojourn abroad, and, further, when there is no intention on the part of their owners to dispose of them or of any of their essential parts listed in $ 1.49, in any foreign country. It should be noted that the United States registry of an aircraft which is sold to an alien either in the United States or abroad is canceled automatically at the time of the sale under the Air Commerce Regulations of the Department of Commerce. Should **For statutory and source citations, see note to § 1.1.

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the owners, after the departure of an aircraft flown or shipped from the United States without an export license, propose to place the aircraft under foreign registry or to have it operated by a pilot not holding a United States license, or to dispose of the aircraft or any of the essential parts referred to in any foreign country, the aircraft, or the part in question, must be returned to the United States and a license obtained for its export to the country concerned. Aircraft of American registry returning to the United States from foreign countries will not be considered as imported within the meaning of section 5 of the joint resolution. Aircraft of foreign registry entering the United States for a temporary sojourn or leaving the United States after such a sojourn will not be considered as imported or exported within the meaning of section 5 of the joint resolution.**

Cross REFERENCE: For Air Commerce regulations of the Department of Commerce, see 14 CFR Chapter I.

1.33 Aircraft of United States registry. Before an aircraft of United States registry leaves the United States for a temporary sojourn abroad under the provisions of $ 1.32, that aircraft shall be registered with the customs authorities at the port of exit by the shipper or pilot. Such registration shall indicate the approximate date of return of the aircraft and the port of entry through which it is proposed to return the aircraft to the United States.**

1.34 Records of manufacture, export, and import. The Secretary of State prescribes that all persons required to register under section 5 of the joint resolution approved May 1, 1937 (50 Stat. 124; 22 U.S.C., Sup., 245b), amending the joint resolution of August 31, 1935 (49 Stat. 1081; 22 U.S.C., Sup., 245a-245i), shall maintain, subject to the inspection of the duly authorized agents of the Secretary of State or of any other enforcement agency of the Government of the United States, and distinct from all other records, special permanent records in which shall be recorded the amounts and estimated values of the arms, ammunition, and implements of war manufactured by them for export, and similar records of all arms, ammunition, and implements of war imported or exported by them. The records of articles imported shall, in addition, contain information as to the consignors of articles imported and the port of origin of each shipment. The records of articles exported shall, in addition, contain information as to the consignees and the destination of each shipment.*it [Part IV]

††The source of $8 1.34 to 1.46, inclusive, is Regulations governing international traffic in arms, Secretary of State, Apr. 1, 1938, 3 F.R. 695–698.

1.35 Title I of the Espionage Act, approved June 15, 1917. Title I of the Espionage Act, approved June 15, 1917 (40 Stat. 217; 50 U.S.C. 31–38), reads in part as follows:

Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to, or aids or induces another to, communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative,

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**For statutory and source citations, see note to g 1.1.

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