US Customs office requiring EEI and ITN

318AE

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I went to my local US Customs and Border Protection Office at the airport to get a form 4457 stamped. The Office informed me that they are now requiring the AES process that surfaced in 2015 and was later nullified - ie an EIN from the IRS, a ACEdirect Portal account, EIN approval from Census, filing an EEI and receiving an ITN before being permitted to leave the country with a firearm, vs just a 4457.

Has anyone else been recently asked to follow this process, vs just having a US customs 4457?
 

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I got a new 4457 at the Shreveport , la customs office about 4 weeks ago and nothing was said about the AES process
 

sestoppelman

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Pretty sure that got shot down some time back. Would sure hate to see it rear its ugly head again. My guess is the chaps at that office either didn't know or did know and were being dicks.
 

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I went to my local US Customs and Border Protection Office at the airport to get a form 4457 stamped. The Office informed me that they are now requiring the AES process that surfaced in 2015 and was later nullified - ie an EIN from the IRS, a ACEdirect Portal account, EIN approval from Census, filing an EEI and receiving an ITN before being permitted to leave the country with a firearm, vs just a 4457.

Has anyone else been recently asked to follow this process, vs just having a US customs 4457?
First of all where are you located?
No this system is not in effect. This misinformation has been swirling around CBP for years and there are posts here in AH for more info.
I think everyone confronted with this needs to get the CBP officials name and write a letter to their Senator or US Rep and explain this is a mess.
Philip
 

wesheltonj

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You must have went to Dallas, as I believe they are the only ones enforcing this.

My understanding was that CBP was going to make the entry into the AES system.
 

sestoppelman

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How do they enforce something that was dropped? Who authorized that?
 

318AE

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This was at the Austin Bergstrom International Airport in Austin Texas. The Custom’s agent was rather intransient about it - these are the “new” regulations and that’s it. They handed us a printed flier, with some garble goo references to different parts of the Federal Registry, with a URL that didn’t work. At first, they refused to complete our 4457 - after I showed them the link on their flier was broken, they agreed to sign the 4457, but gave us additional print outs and said this ACESDirect/EIN/EEI/ITN was mandatory, and upon returning to the airport to travel, they wouldn’t let us leave without it, and they would confiscate the firearms and fine us if we tried.
I’ve recently contacted my Senators and Congressman - I’ll let all know how that proceeds.
While I think this has been “solved” there seems to be a recent resurgence -

 

wesheltonj

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Contacting your congressman from Travis County is pointless, Doggett hates firearms.
 

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Factually incorrect...

As usual it actually pays to read carefully and fully what the law and guidance actually say...

The Guidance for U.S. Persons Traveling Outside the U.S. with Firearms and/or Ammunition that 318AE linked states:

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 under 15 C.F.R. 740.14(e).

Operating words: valid BIS license exception under 15 C.F.R. 740.14(e)


And here is what 15 C.F.R. 740.14(e) says (my highlights) about the Bureau of Industry and
Security (BIS) exception:

§ 740.14 Baggage (BAG)
(e) Special provisions for firearms and ammunition.
...
(3) A United States citizen or a permanent resident alien leaving the United States may export under this License Exception firearms, “parts,” “components,” “accessories,” or “attachments” controlled under ECCN 0A501 and ammunition controlled under ECCN 0A505.a, subject to the following limitations:
(i) Not more than three firearms and 1,000 rounds of ammunition may be taken on any one trip.
(ii) “Parts,” “components,” “accessories,” and “attachments” exported pursuant to this paragraph (e)(3) must be of a kind and limited to quantities that are reasonable for the activities described in paragraph (e)(3)(iv) of this section or that are necessary for routine maintenance of the firearms being exported.
(iii) The commodities must be with the person's baggage.
(iv) The commodities must be for the person's exclusive use and not for resale or other transfer of ownership or control. Accordingly, except as provided in paragraph (e)(4) of this section, firearms, “parts,” “components,” “accessories,” “attachments,” and ammunition, may not be exported permanently under this License Exception. All firearms, “parts,” “components,” “accessories,” or “attachments” controlled under ECCN 0A501 and all unused ammunition controlled under ECCN 0A505.a exported under this License Exception must be returned to the United States.
(v) Travelers leaving the United States temporarily are required to declare the firearms, “parts,” “components,” “accessories,” “attachments,” and ammunition being exported under this License Exception to a Customs and Border Protection (CBP) officer prior to departure from the United States and present such items to the CBP officer for inspection, confirming that the authority for the export is License Exception BAG and that the exporter is compliant with its terms.

This is pretty clear cut, and the declaration and presentation to the CBP officer for inspection, and the issuance of a CBP Form 4457 fulfill the requirements of paragraph (V).
 
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sestoppelman

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Thanks for posting that! That is how I remember it also, Don't know why this crap keeps popping up every few months. Those CBP guys really ought to know better!
 

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I believe this only applies to firearms on the United States Munitions List. Take a look at the list. The list is automatic and other military type firearms, rockets munitions, etc...
 

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A 2012 Obama Administration State Department rule change had added the requirement that travelers declare rifles or handguns “upon each departure” by presenting documentation generated through the Commerce Department’s “Automated Export System” (AES).

A January 2020 Trump Administration rescinded it.

See here under the actual January 23, 2020 rule:
1603060135844.png
 

Scott CWO

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Expand AllCollapse All

What government agencies regulate the export of firearms and ammunition from the U.S.?​

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.
GUYS - THE FOURTH SENTENCE FROM THE TOP SAYS "Category I(a) of the United States Munitions List...

The United States Munitions List Category I(a) is for firearms that fire with caseless ammunition. CBP needs to learn how to read!! Take a copy of these regs with you to the airport along with your Form 4457. If they don't believe you, have them look it up on their own website!
 

318AE

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Yes - I am seeking to operate under a licensing exception - less than 3 firearms and less than 1,000 rds. The customs officer would not recognize or really even acknowledge that, after we pointed that out to him. It was “here’s the piece of paper, says your need an EEI, ITN, this in new, and a 4457 isn’t enough anymore”.
I’ve been clear in my messages to Senators and Congressmen. My zip code has three congressmen - my in specific is Chip Roy, whom may have more interest in others in addressing this situation.

As a former GSA contracting officer, I know more about these things than some.

I’m posting this here to seek to understand if others have run into this since late June, and how they best addressed it. My sense is that travel has been very limited these last 2-3 months, and this is still sorting itself through the system.
 

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I believe this only applies to firearms on the United States Munitions List. Take a look at the list. The list is automatic and other military type firearms, rockets munitions, etc...

Incorrect...

Here are the legal definitions:

0A501 Firearms (except 0A502 shotguns) and related commodities as follows (see List of
Items controlled).
...
a. Non-automatic and semi-automatic firearms equal to .50 caliber (12.7 mm) or less.
b. Non-automatic and non-semi-automatic rifles, carbines, revolvers or pistols with a caliber greater than .50 inches (12.7 mm) but less than or equal to .72 inches (18.0 mm).
...

0A502 Shotguns; shotguns “parts” and “components,” consisting of complete trigger mechanisms; magazines and magazine extension tubes; “complete breech mechanisms;” except equipment used
exclusively to treat or tranquilize animals, and except arms designed solely for signal, flare, or saluting use.


The January 23, 2020 rule plainly refers to ECCN 0A501 (and later in the rule to ECCN 0A502), and § 740.14 Baggage (BAG) (e) Special provisions for firearms and ammunition plainly refers to ECCN 0A501. These have force of law. Government agencies web pages do not, and it is not uncommon that they contain errors or omissions...

There is not much to add or much room for debate. This is the law. We are fine with a 4457. Period.

If a CBP agent refuses to apply the law, the recourse is to ask politely for a Supervisor. It does not hurt either to have with your trip paperwork a print out of § 740.14 Baggage (BAG) (e) Special provisions for firearms and ammunition :)
 
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sestoppelman

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A 2012 Obama Administration State Department rule change had added the requirement that travelers declare rifles or handguns “upon each departure” by presenting documentation generated through the Commerce Department’s “Automated Export System” (AES).

A January 2020 Trump Administration rescinded it.

See here under the actual January 23, 2020 rule:
View attachment 372286
I remember when this happened, everyone here was jumping a jig for joy about it. How soon we forget. If, when I go again, I will drive up to our friendly CBP office in Anacortes, WA and get a new form and have them sign off on it.
With the caveat that the next president to come along can just as quickly reinstate the EIN abomination and make it miserable for us again.
 

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I got some new 4457s last year at the Wilmington, DE customs office. As usual, nothing new.
 

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Although beware that on the other end of the pipeline, African countries typically, and South Africa for sure, mandate the use of a non-expired 4457, which means that we need to get a new one every 3 years or so (the current one expires on 9/30/2022...

1603062587986.png
 
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