Personal Transfer of ACOG TA31F from US to Canada, Flame Alert

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csp

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Hello,

First, some flame control: this is an honest question about personal importation of a Trij ACOG TA31F from US to Canada from a personal acquaintance, so please keep "buy from dealer" to a dull roar. It's also a query about the true state of ITAR as it relates to ACOGs.

According to 126.5 (Exemptions for export to Canada), some ACOGs seem to fall under the defense article category, but not Significant Military Equipment (unless there is some schedule I am not aware of, but I know that dealers can bring in the TA31F for civilian sale, so I do not think it is and there is no asterisk in the USML for mil-spec riflescopes). If shipping by USPS, all that seems to be req'd is to mark the package with:

This export is subject to the
controls of the ITAR, 22 CFR 126.5 and the export has been
electronically filed with the U.S. Customs
and Border Protection using the
Automated Export System (AES)

and send the American exporter/individual assurances about end-use (covered by the IIC from Canada), maybe DSP-83/DSP-5. Then he files with AES and sends the package.

Any thoughts? The above is by no means from a customs expert...any real life experience with this issue?

Let the civilized flaming begin:cool:
 
I think you are almost on the right track.
An IIC and a DSP83 will be required. Whether the DOS will approve the export permit to an individual or not is the iffy part.
I would hedge my bets and give Sandy Moranville at Brownells a ring, she seems to be really on the ball about exports and normally is very helpful about what can or can not be easily exported from the US.
Just a thought.....
 
Thanks ATR.

Upon a more detailed reading of the ITAR, and advisory opinions, exemption 126.5 will only work for certain governments and companies registered IAW the Canadian
Defense Production Act (any CGN sponsors)?. Looks like an individual exporter still needs an export licence, or will have to ask US DDTC for an exemption.

Looks like the most cost-effective method for ACOG is to wait for the blood-letting from the economy to score a used one, and refurbish as req'd.

Mmmm...delicious ITAR.
 
The Canadian Defense Production Act requires a company (all you need is GST PST numbers etc) to register with the Controlled Goods Directorate, then you're exempt from the export licence for certain defence articles...maybe it may make sense for a dealer to get in on this action if ACOGs and other optical sights can be brought in using the 126.5 exemption (avoiding the need for the DoS export license).

Once again, just a thought for the considerable roadblocks dealing with US companies in the Republik of Canuckistan.
 
csp said:
The Canadian Defense Production Act requires a company (all you need is GST PST numbers etc) to register with the Controlled Goods Directorate, then you're exempt from the export licence for certain defence articles...maybe it may make sense for a dealer to get in on this action if ACOGs and other optical sights can be brought in using the 126.5 exemption (avoiding the need for the DoS export license).

Once again, just a thought for the considerable roadblocks dealing with US companies in the Republik of Canuckistan.
Click to expand...

Unfortunately to receive this exemption you probably have to sell to military/LE only.
 
Hi Cyber K.

That is indeed weirdness. Funny you can get an export licence to get them in and sell to civilians, but not so much for the exemption.

I can see why lawyers are required to deal with import/export/customs...
 
For those of you getting an optical sight covered in ITAR as a gift/one-off,

The US State Dept can issue one-time exemptions from the export licence. You'll need the IIC from Canada, then the American exporter can fill out the DSP-5, DSP-83 (if req'd), a purchase order/letter of intent of use and submit. This is all found in http://www.pmddtc.state.gov/licensing/documents/oas.pdf.

Don't know if you want to add this to a sticky...
 
I have been trying to land a TA31F for a long time now. No dealer in Canada will sell me one. It is becoming disheartning that something as arbitrary as a tube and some glass has such stupid restrictions on it.
 
mrsmitty said:
I have been trying to land a TA31F for a long time now. No dealer in Canada will sell me one. It is becoming disheartning that something as arbitrary as a tube and some glass has such stupid restrictions on it.
Click to expand...

I know a dealer in the states that will ship them up here for you?

Send me a pm if you want the info!
 
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