Temporary imports and firearms export clearance

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1. Which temporary imports are covered

The Export Administration Regulations (EAR) set entry clearance requirements for temporary imports of items subject to the EAR that are on the U.S. Munitions Import List at 27 CFR 447.21 (15 CFR 758.10(a)). Those items are controlled in 0x5zz Export Control Classification Numbers (ECCNs) or certain 600 series ECCNs. Items brought in temporarily by nonimmigrant aliens under Justice Department regulations at 27 CFR part 478 are excluded, and the rule points to License Exception Baggage (BAG) at section 740.14(e) for their export. Items temporarily exported under the EAR must have met the export clearance requirements for Electronic Export Information (EEI).

No EAR authorization is needed for the temporary import of items subject to the EAR, including those on the import list (15 CFR 758.10(a)(1)). They must still meet the entry clearance procedures. Permanent imports are regulated by the Attorney General under the direction of the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (15 CFR 758.10(a)(2)).

2. What the importer provides at entry

The temporary importer follows the procedures to the satisfaction of U.S. Customs and Border Protection (CBP) (15 CFR 758.10(b)). At entry, it gives CBP one of three statements (15 CFR 758.10(b)(1)(i)). Each says the shipment is being temporarily imported under the EAR. Each then names the authority for its later export. That authority is License Exception TMP (temporary imports, exports, reexports and transfers) under section 740.9(b)(5), License Exception RPL (servicing and replacement of parts and equipment) under section 740.10(b), or a specified license from the Bureau of Industry and Security (BIS).

The importer also gives CBP an invoice or other import documentation listing and describing the items, with model, make, caliber, serial numbers, quantity and U.S. dollar value (15 CFR 758.10(b)(1)(ii)). For a trade show, exhibition, demonstration or testing, it provides the invitation or registration documents and a letter on how effective control of the items will be kept in the United States (15 CFR 758.10(b)(1)(iii)). For servicing or replacement, it gives the name, address and contact details of the U.S. organization or person receiving the item (15 CFR 758.10(b)(1)(iv)).

3. Firearms that may not come in temporarily

Because of the exclusions in License Exception TMP, certain firearms and short-barreled shotguns may not be temporarily imported under these procedures (15 CFR 758.10, note 1 to paragraph (b)(1)). The barred items are shotguns under 0A502 or 0A508 with barrels shorter than 18 inches, and firearms in 0A501.a or .b, 0A506 or 0A507, shipped from or made in a Country Group D:5 country. The same applies to those shipped from or made in Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine or Uzbekistan, except firearm models listed in annex A to supplement no. 4 to part 740.

License Exception RPL has a similar exclusion, drawn from section 740.10(b)(4) and paragraph (z) of supplement no. 2 to part 748 (15 CFR 758.10, note 2 to paragraph (b)(1)). Under it, the same categories shipped from or made in Russia and the same listed countries may not be temporarily imported, again with the annex A exception for listed firearm models.

4. At the time of export

When the item leaves again, the eligible exporter or its agent files the export information with CBP by filing EEI in the Automated Export System (AES), noting the EAR authorization (15 CFR 758.10(b)(2)). On CBP’s request, it provides the entry document number or a copy of the CBP document under which the item was temporarily imported. The additional firearms data requirements for EEI also apply.

5. Firearms carried abroad as baggage

Separate export clearance rules apply to firearms and ammunition exported under License Exception BAG, the exception for baggage (15 CFR 758.11(a)). They cover ammunition under 0A505 other than .c, and commodities under 0A501.a or .b, 0A506 or 0A507. They also cover shotguns in 0A502 or 0A508 whose barrels are shorter than 18 inches. The rules apply regardless of value or destination, including exports to Australia, Canada and the United Kingdom.

Before any such export, the exporter submits a properly completed CBP Form 4457, the Certificate of Registration for Personal Effects Taken Abroad, under 19 CFR 148.1 (15 CFR 758.11(b)). The form is on the CBP website (15 CFR 758.11(b)(1)). For each firearm, the exporter gives CBP the serial number, make, model and caliber in the form’s description of articles field (15 CFR 758.11(b)(2)).

CBP publishes further guidance on the form (15 CFR 758.11(c)). On returning with a commodity exported under License Exception BAG, the exporter presents a copy of the CBP Form 4457 to CBP (15 CFR 758.11(d)).

6. How this fits with EEI filing

The EEI rules require filing for exports of these firearms, short-barreled shotguns and ammunition regardless of value or destination, except under License Exception BAG (15 CFR 758.1(b)(9)). The BAG exemption from EEI filing points back to these export clearance requirements for firearms (15 CFR 758.1(c)(1)). For temporary exports under License Exception TMP or a BIS license, the EEI filing also gives the manufacturer, model, caliber and serial number of each firearm (15 CFR 758.1(g)(4)(i)). The broader filing rules are covered in when EEI filing is required.

7. The steps in order

Put together, a temporary import of a covered firearm runs in a set order. At entry, the importer gives CBP the statement naming the later export authority, the detailed item list and any event or servicing documents (15 CFR 758.10(b)(1)). For an event, the letter describes how effective control of the items will be kept while they are in the United States (15 CFR 758.10(b)(1)(iii)). At export, EEI is filed with the EAR authority, and the entry documents are produced if CBP asks (15 CFR 758.10(b)(2)).

A traveler taking a covered firearm abroad under License Exception BAG follows a different track. The exporter registers the firearm on CBP Form 4457 before departure and shows the form again on return (15 CFR 758.11(b) and 15 CFR 758.11(d)).

Key terms

U.S. Munitions Import List	The list at 27 CFR 447.21 that defines covered temporary imports.
Entry clearance	The CBP procedures for a temporary import.
License Exception RPL	The exception for servicing and replacement.
CBP Form 4457	The Certificate of Registration for Personal Effects Taken Abroad.
License Exception BAG	The exception for items carried as baggage.

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 teams often move firearms across borders under these rules. 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.