Firearms and body armor under License Exception BAG

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1. Special rules inside BAG

License Exception Baggage (BAG) in the Export Administration Regulations (EAR) has special provisions for firearms and ammunition, and for some protective equipment such as body armor (15 CFR 740.14(b)(4)). They are cross-referenced from the tools of trade paragraph, and a separate paragraph sets general limits on eligibility for any item (15 CFR 740.14(c)). The general BAG rules are covered in License Exception BAG for travelers.

2. Shotguns and shotgun shells

A U.S. citizen or permanent resident alien leaving the United States may take shotguns with a barrel length of 18 inches or more under Export Control Classification Numbers (ECCNs) 0A502 and 0A508 (15 CFR 740.14(e)(1)). Related parts, components, accessories and attachments, and shotgun shells under 0A505.b and .c, may go too. No more than three firearms may be taken on any one trip, counting both shotguns and other firearms (15 CFR 740.14(e)(1)(i)).

Parts, components, accessories and attachments must be of a kind and quantity reasonable for the permitted activities, or needed for routine maintenance of the firearms (15 CFR 740.14(e)(1)(ii)). The items must be with the person’s baggage (15 CFR 740.14(e)(1)(iii)). They must be for the person’s exclusive use for legitimate hunting or lawful sporting purposes, scientific purposes or personal protection (15 CFR 740.14(e)(1)(iv)). They may not be for resale or other transfer of ownership or control.

Subject to the nonresident alien rule below, shotguns and related items may not be exported permanently under BAG, and they and any unused shells must be returned to the United States (15 CFR 740.14(e)(1)(iv)). The rule notes that some countries may require an import certificate or a U.S. export license before allowing import of a shotgun. A nonresident alien may take only the shotguns and shells he or she brought in under Department of Justice regulations at 27 CFR 478.115(d) (15 CFR 740.14(e)(2)).

3. Other firearms and ammunition

A U.S. citizen or permanent resident alien may also take firearms and related parts, components, accessories and attachments under ECCNs 0A501, 0A506, 0A507 and 0A509 (15 CFR 740.14(e)(3)). Ammunition under 0A505.a may go too. No more than three firearms, counting shotguns, and no more than 1,000 rounds of ammunition may be taken on any one trip (15 CFR 740.14(e)(3)(i)).

Parts, components, accessories and attachments are limited in the same way to what is reasonable for the person’s use or routine maintenance (15 CFR 740.14(e)(3)(ii)). The items must travel with the person’s baggage (15 CFR 740.14(e)(3)(iii)). They must be for the person’s exclusive use and not for resale or other transfer of ownership or control (15 CFR 740.14(e)(3)(iv)). They may not be exported permanently, and all of them, with all unused ammunition, must come back to the United States.

Travelers leaving temporarily must declare these items to a Customs and Border Protection (CBP) officer before departure (15 CFR 740.14(e)(3)(v)). They present the items for inspection, confirming that BAG is the authority for the export and that they comply with its terms. A nonimmigrant alien may take only the firearms under 0A501, 0A506 and 0A507, and ammunition under 0A505, that he or she brought in under the Department of Justice regulations at 27 CFR part 478 (15 CFR 740.14(e)(4)).

4. The CBP Form 4457

A separate clearance rule covers exports under BAG of firearms under 0A501.a or .b, 0A506 or 0A507, shotguns with barrels under 18 inches, and ammunition under 0A505 other than .c (15 CFR 758.11(a)). It applies whatever the value or destination, including Australia, Canada and the United Kingdom. Before export, the exporter must submit to CBP a properly completed CBP Form 4457, the Certificate of Registration for Personal Effects Taken Abroad (15 CFR 758.11(b)).

For each firearm, the serial number, make, model and caliber are entered in the description of articles field of the form (15 CFR 758.11(b)(2)). On coming back with the item, the exporter must present a copy of the form to CBP (15 CFR 758.11(d)). The import side of these rules is covered in temporary imports and firearms export clearance.

5. Body armor and helmets: most destinations

For destinations outside Country Group D:5, a U.S. person may take a single set of 1A613.d body armor, which may include one 1A613.c helmet (15 CFR 740.14(h)(1)). The items must be with the person’s baggage or effects, accompanied or unaccompanied, but not mailed (15 CFR 740.14(h)(1)(i)). They must be for that person’s exclusive use (15 CFR 740.14(h)(1)(ii)). Ownership may not be transferred, except by reexport or in-country transfer to another U.S. person.

6. Body armor for Iraq and other D:5 countries

The same single set may go to Iraq for personal use if the general conditions are met and one further condition applies (15 CFR 740.14(h)(2)(i)). The person must be affiliated with the U.S. Government and traveling on official business or in support of a U.S. Government contract. Alternatively, the person must be traveling to Iraq under a direct authorization by the Government of Iraq and acting for, on behalf of or at the request of that government. Documents showing that authorization must include an English translation.

For other Country Group D:5 countries, the single set may go for personal use only on two conditions (15 CFR 740.14(h)(2)(ii)). The general conditions must be met, and the person must be affiliated with the U.S. Government and traveling on official business, or be traveling in support of a U.S. Government contract. Body armor under ECCN 1A005 is eligible for BAG under paragraph (b) of the section (15 CFR 740.14, note to paragraph (h)).

7. The certification

A traveler relying on BAG certifies by doing so that every term, provision and condition of the exception has been met (15 CFR 740.1(b)). An item whose kind or quantity is above the section’s limits may have its export limited or prohibited (15 CFR 740.14(c)).

Key terms

Three-firearm limit	The most firearms, including shotguns, one person may take on a trip.
1,000 rounds	The ammunition limit per trip for 0A505.a ammunition.
CBP Form 4457	The Certificate of Registration for Personal Effects Taken Abroad.
1A613.d	The ECCN for the body armor covered by the BAG provision.
Country Group D:5	The group for which body armor needs a U.S. Government link, or an Iraqi authorization for Iraq.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Protective security personnel carry these items across borders. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.