Looks like Obama slapped Kerry
Please thank your senators and representatives for their support on this issue.
Steve
SUBJECT: RELEASE: DAINES, SCALISE ANNOUNCE BICAMERAL EFFORT URGING
OBAMA ADMINISTRATION TO RESCIND MISGUIDED ITAR GUIDANCE
FOR IMMEDIATE RELEASE
August 30, 2016
Contact: Katie Waldman (Daines) - 202.224.2651
TJ Tatum (Scalise) - 202.225.0197
DAINES, SCALISE ANNOUNCE BICAMERAL EFFORT URGING OBAMA ADMINISTRATION
TO RESCIND MISGUIDED ITAR GUIDANCE
U.S. CONGRESS -- U.S. Senator Steve Daines (R-MT) and U.S.
Representative Steve Scalise (R-LA) today led a bicameral effort
urging the Obama administration to rescind the July 22, 2016 guidance
under the International Trade in Arms Regulations (ITAR) that declared
that gunsmithing is "manufacturing" of a firearm and thus requires the
gunsmith to register and pay a registration fee of $2,250.
In a letter to Secretary of State John Kerry, the members underscore
that this new guidance negatively harms hardworking small businesses
and law-abiding gun owners and implore Kerry to give this his
immediate attention and rescind the guidance.
"THE VAST MAJORITY OF OUR CONSTITUENTS ENGAGED IN GUNSMITHING MAKE
LITTLE TO NO INCOME FROM THEIR ACTIVITIES AND OFTEN DO IT AS A HOBBY
OR SIDE BUSINESS,? the members wrote. ?THEY MOST CERTAINLY DO NOT
EXPORT FIREARMS. THEY ALSO DO NOT MANUFACTURE FIREARMS IN ANY WIDELY
UNDERSTOOD SENSE OF THE TERM. THEREFORE, IT MAKES NO SENSE FOR THEM
TO BE REQUIRED TO PAY $2,250 AND REGISTER UNDER AECA AND ITAR.?
?WE BELIEVE THE GUIDANCE EFFECTIVELY EXPANDS ITAR REGISTRATION
REQUIREMENTS AND SHOULD BE RESCINDED IMMEDIATELY,? the members
continued.
The letter is also signed by U.S. Senators Tom Cotton (R-AR); Dean
Heller (R-NV); Jim Inhofe (R-OK); Chuck Grassley (R-IA); Jerry Moran
(R-KS); John Barrasso (R-WY); Lisa Murkowski (R-AK); Ted Cruz (R-TX);
John Boozman (R-AR); Thom Tillis (R-NC); Lamar Alexander (R-TN); Pat
Roberts (R-KS), Bill Cassidy (R-LA); Jeff Sessions (R-AL); Kelly
Ayotte (R-NH); Mike Enzi (R-WY); James Lankford (R-OK), Richard Shelby
(R-AL); Mike Rounds (R-SD); Ben Sasse (R-NE); David Vitter (R-LA);
John Cornyn (R-TX); and John McCain (R-AZ).
The letter is also signed by U.S. Representatives Patrick McHenry
(R-NC); Bob Goodlatte (R-VA); Michael McCaul (R-TX); Steve Chabot
(R-OH); Dana Rohrabacher (R-CA); Matt Salmon (R-AZ); Tom Marino
(R-PA); Jeff Duncan (R-SC); Mo Brooks (R-AL); Randy Weber (R-TX); Mark
Meadows (R-NC); Ted Yoho (R-FL); Curt Clawson (R-FL); Scott DesJarlais
(R-TN); Kevin Brady (R-TX); Cresent Hardy (R-NV); Chris Stewart
(R-UT); Ralph Abraham (R-LA); Trent Kelly (R-MS); John Fleming (R-LA);
Will Hurd (R-TX); Jody Hice (R-GA); Keith Rothfus (R-PA); Dave Brat
(R-VA); Doug Lamborn (R-CO); Mark Amodei (R-NV); Robert Wittman
(R-VA); Tom Cole (R-OK); Mark Sanford (R-SC); Chris Gibson (R-NY);
Todd Rokita (R-IN); Ryan Zinke (R-MT); Tom Price (R-GA); Jeff Miller
(R-FL); Glenn Grothman (R-WI); Tom Graves (R-GA); John Moolenaar
(R-MI); French Hill (R-AR); Brad Wenstrup (R-OH); Jeb Hensarling
(R-TX); Gus Bilirakis (R-FL); Don Young (R-AK); Steve Stivers (R-OH);
John Kline (R-MN); Charles Dent (R-PA); David Rouzer (R-NC); Mike
Rogers (R-AL); Robert Aderholt (R-AL); Tom Emmer (R-MN); Mac
Thornberry (R-TX); Steve Womack (R-AR); Bill Huizenga (R-MI); Kenny
Marchant (R-TX); Jackie Walorski (R-IN); Kevin Cramer (R-ND); Robert
Pittenger (R-NC); Greg Walden (R-OR); John Ratcliffe (R-TX); Mike
Pompeo (R-KS); Doug Collins (R-GA); Buddy Carter (R-GA); Paul
Gosar(R-AZ); Tom McClintock (R-CA); Tim Murphy (R-PA); Richard Hudson
(R-NC); Mike Bishop (R-MI); Steve Pearce (R-NM); George Holding
(R-NC); Andy Harris (R-MD); Glen Thompson (R-PA); Mick Mulvaney
(R-SC); Phil Roe (R-TN); Charles Boustany (R-LA); Diane Black (R-TN);
Marsha Blackburn (R-TN); Evan Jenkins (R-WV); Devin Nunes (R-CA);
Randy Neugebauer (R-TX); Doug LaMalfa (R-CA); Ken Buck (R-CO); Bruce
Westerman (R-AR); Trey Gowdy (R-SC); Jason Smith (R-MO); Kristi Noem
(R-SD); Frank Guinta (R-NH); Bradley Byrne (R-AL); John Duncan (R-TN);
Michael Burgess (R-TX); Bill Posey (R-FL); Chris Collins (R-NY); Bill
Flores (R-TX); Lamar Smith (R-TX); Tim Walberg (R-MI); Chuck
Fleischmann (R-TN); Joe Wilson (R-SC); Gregg Harper (R-MS); Virginia
Foxx (R-NC); Jim Jordan (R-OH); Bill Johnson (R-OH); Patrick Tiberi
(R-OH); Robert Latta (R-OH); Tim Huelskamp (R-KS); John Katko (R-NY);
Raul Labrador (R-ID); Richard Hanna (R-NY); Dan Newhouse (R-WA);
Adrian Smith (R-NE); Mike Coffman (R-CO); Stephen Fincher (R-TN); Mia
Love (R-UT); Alexander Mooney (R-WV); Rick Allen (R-GA); Markwayne
Mullin (R-OK); Mike Kelley (R-PA); Elise Stefanik (R-NY); and Vicky
Hartzler (R-MO).
The full text of the U.S. Senate letter is available for download HERE
[1], the U.S. House of Representatives is available for download HERE
[2] and below:
The Honorable John F. Kerry
Secretary of State
2201 C Street NW
Washington, D.C. 20520
Dear Mr. Secretary,
We believe the July 22 "guidance" regarding which manufacturers and
gunsmiths must register as exporters under the Arms Export Control Act
(AECA) and the International Traffic in Arms Regulations (ITAR) and
pay a $2,250 annual fee is unnecessary and will have serious and
negative consequences on the hundreds of thousands of small and
medium-sized gunsmiths who operate in our states.
The vast majority of our constituents engaged in gunsmithing make
little to no income from their activities and often do it as a hobby
or side business. They most certainly do not export firearms. They
also do not manufacture firearms in any widely understood sense of the
term. Therefore, it makes no sense for them to be required to pay
$2,250 and register under AECA and ITAR. For those who do this work
on the side - perhaps developing a small cottage business to
supplement their income - the last thing they need is an edict from
the federal government imposing crippling fees and requirements which
are wholly unnecessary and nonsensical.
WE BELIEVE THE GUIDANCE EFFECTIVELY EXPANDS ITAR REGISTRATION
REQUIREMENTS AND SHOULD BE RESCINDED IMMEDIATELY.
EXPANDS ITAR REGISTRANT REQUIREMENTS
We understand that the Directorate of Defense Trade Controls (DDTC)
intended the 7-22-2016 guidance to simply clarify existing policy. In
fact, in the opening of the guidance you state, "traditional
gunsmithing activities do not constitute manufacturing for ITAR
purposes, and therefore, do not require registration."
Unfortunately, the four pages which follow that introductory sentence
run completely counter to your stated intent. As conveyed by the
guidance from the DDTC, virtually any activity that involves
modifications to an existing firearm to improve its accuracy or
operation, or to change its caliber or round capacity would be treated
by DDTC as controlled "manufacturing" of the firearm. While DDTC
insists this is merely the "ordinary, contemporary, common meaning of
'manufacturing,'" it is anything but. Rather, DDTC's position is
similar to claiming an auto mechanic who fixes or performs custom work
on cars is a car manufacturer.
Specifically, as outlined, the activity threshold that necessitates a
type 07 FFL (Federal Firearms License-manufacturing) does not match up
with the activities listed on page three of the guidance. That means
that firearms dealers who engage in limited gunsmithing - activities
that do not require a type 07 FFL - would still need to register with
DDTC as manufacturers of a defense article listed on the United States
Munitions List (USML).
GUNSMITHS ARE NOT EXPORTING ARMS
Not only does the guidance expand registration to gunsmiths who do not
"manufacture" firearms, it also runs counter to the intent of AECA and
ITAR, which are meant to control the production and exportation of
military material, not the domestic repair or maintenance of a legal,
common, and Constitutionally-protected product.
THE BIG PICTURE & BEST SOLUTION: MOVE USML ITEMS TO DEPARTMENT OF
COMMERCE
Finally, this would not be an issue if the Obama Administration
finished its seven-year "Export Control Reform" initiative, which has
bipartisan support in Congress. The very basis of that effort is the
common sense notion that products essential to our national security,
such as those intended only for military use, should be subject to the
highest standards of security and oversight, while regulation of
products with general commercial applications, such as common
firearms, should not unnecessarily hinder American business and
innovation.
As part of the initiative, the Administration has been transferring
regulatory responsibility for the USML from the State Department to
the Commerce Department. So far, eighteen categories have been
transferred; only three remain. We understand that draft regulations
exist to finish the job in this export reform initiative.
WE URGE YOU TO PUBLISH THE PROPOSED RULES TO MOVE THE REMAINING THREE
CATEGORIES OF USML TO COMMERCE, WHICH WOULD MAKE THE PROBLEMS RAISED
IN THE 7-22-2016 GUIDANCE NULL AND VOID. On what date will the
Administration finish the job and publish proposed rules in the
Federal Register?
Our constituents need clarity and this guidance does not accomplish
that end. The situation must be rectified and we ask for your
immediate attention.
###
Links:
------
[1]
http://www.daines.senate.gov/download/itar
[2]
http://www.daines.senate.gov/download/house-itar
