(a) The provisions of this part are not applicable to:
- (1) Importing by the United States or any agency thereof;
- (2) Importing components for items being manufactured under contract for the Department of Defense; or
- (3) Importing articles (other than those which would be “firearms” as defined in 18 U.S.C. 921(a)(3)) manufactured in foreign countries for persons in the United States pursuant to Department of State or Department of Commerce approval.
- (b) Any person seeking to import articles on the U.S. Munitions Import List as exempt under paragraph (a)(2) or (3) of this section may obtain release of such articles from Customs and Border Protection (“CBP”) custody by submitting, to the CBP officer with authority to release, a statement claiming the exemption accompanied by satisfactory proof of eligibility. Such proof may be in the form of a letter from the Departments of Defense, State, or Commerce, as the case may be, confirming that the person has met the conditions of the claimed exemption.
[ATF-2020R-03D, 91 FR 24357, May 6, 2026]