Who buys from US:
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Nuclear Power Facilities - Atomic Laboratories Atomic Energy Act of 1954, 42 U.S.C. 2201a. allows for machine gun operation by security personnel engaged in the protection of Nuclear Regulatory Commission facilities or radioactive materials. Domestically manufactured machine guns only; no imported weapons. This covers possession only, not acquisition. The Department of Energy MUST produce the purchase order and request delivery to the facility. Companies like AREVA and NAC International Inc. are two such nuclear materials transporters who utilize armed security personnel in their interstate transport division. Until the US Attorney General approves of the Dept. of Energy's procedures to equip "Facility Physical Security Contractors" as per 42 U.S.C 2201a (which should happen shortly), all procurement and possession of weapons (pistols, rifles, shotguns, machine guns, flash-bang grenades, etc.) must be made via the actual licensing federal government agency. Security contractors are not allowed to purchase, take transfer and/or possess weapons (including NFA weapons) regardless of who they are or where they operate. Contractors who desire to be so equipped must contact their facility's Federal Contracting Officer (FCO) and arrange for the Purchase Order to be issued by the Government agency under which the Contractor is licensed by. Under current contract status, payments can be made by the contractor but ownership must remain with the government agency. Please contact us for documentation requirements and additional ordering procedures. |
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Animal Disease Laboratories Same procedures as above agencies.Security contractors are not allowed to purchase, take transfer and/or possess weapons (including NFA weapons) regardless of who or where they operate. Contractors may only OPERATE the weapons owned and titled by the licensing governmental entity. Please contact us for documentation requirements and additional ordering procedures. |
Defense Facilities & Research Centers Same procedures as above agencies. Please contact us for documentation requirements and additional ordering procedures. |
DHS Facilities Same procedures as above agencies. Please contact us for documentation requirements and additional ordering procedures. |
US Mint Facilities Same procedures as above agencies. Please contact us for documentation requirements and additional ordering procedures.
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Same procedures as above agencies. Contractors who desire to be so equipped must contact their facility's Federal Contracting Officer (FCO) and arrange for the Purchase Order to be issued by the Government agency under which the Contractor is licensed by. Under current contract status, payments can be made by the contractor but ownership must remain with the government agency. Please contact us for documentation requirements and additional ordering procedures. |
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Directorate of Defense Trade Controls (DDTC) Guidance for Iraq and Afghanistan Cases (Revised 11/01/06) Application Submission All Iraq and Afghanistan cases should be clearly marked as such so that they may be rapidly processed. For D-Trade and EllieNet cases, the Transaction ID should begin with the letters “OIF” or “OEF” (OIF – Operation Iraqi Freedom – for Iraq, OEF – Operation Enduring Freedom – for Afghanistan). These cases will automatically be routed to the appropriate licensing division/licensing officer. In order to efficiently process these urgent applications, we request that every effort be made to submit them on D-Trade. Hard copy submissions should note OIF or OEF in the purpose block (Block 20 for the DSP-05; Block 21 for the DSP-73 and DSP-61). These should include a bright color cover sheet indicating that the case is for OIF or OEF. Direct the case to the appropriate licensing officer based on the U.S. Munitions List (USML) category of the defense article/service and/or technical data that is proposed for export.
The DOD (DTSA) coordinator for OEF/OIF submissions is Kevin Maloney (703) 325-4009. The alternate is Natalie Everest (703) 325-3971. Supporting Documentation - Include a complete copy of the contract or purchase order applicable to the proposed export. Include a reference to the contract number assigned by the U.S. Army Project and Contracting Office (PCO) (if applicable). The contract or purchase order should confirm the details of the submission, e.g. commodity, quantity, and end user. For exports to coalition partners, a letter should be included from the partner government confirming the transaction and that it is in support of OIF or OEF. Include a copy of product specifications/descriptive literature that clearly details the commodities requested for export. Under current circumstances, it is the policy of the U.S. Government (USG) to require end-use and retransfer assurances for all exports of defense articles to Iraq. For the time being, the applicant need not supply a DSP-83 for cases where the Iraqi Interim Government (IIG) is the proposed end-user. To legally satisfy the requirements of the Arms Export Control Act and International Traffic in Arms Regulations (ITAR), the IIG has supplied the USG with blanket end-use assurances, which will be used for the near future, without an accompanying DSP-83, for approved exports to the IIG. The application must have a cover letter that explains that the DSP-83 has not been submitted based on this understanding. For D-Trade submissions, this explanation should be included as a PDF file in lieu of the DSP-83. The USG will officially notify the IIG of all exports to Iraq approved on the basis of such assurances. No further action by the applicant is required. DSP-83s are required for Significant Military Equipment (SME) exports to the Interim Government of Afghanistan. For coalition forces serving with Operation Iraqi Freedom, a DSP-83 is generally required only for exports of SME. (As with exports to any other destination, DDTC may require a DSP-83 for the export of any defense article or service, at its discretion.) - For exports to other non-IIG end-users in Iraq (“private” end-users, e.g., international organizations and private contractors), signatures are required on a DSP-83 from the foreign consignee and from the end-user. For the near future, the requirement for the IIG signature on Block 8 of form DSP-83 will be satisfied by the IIG’s blanket assurances. The transmittal letter should also clearly state this. DDTC has a longstanding policy of not authorizing fully-automatic weapons to private entities, but has made an exception with regard to the activities of private security companies in Iraq/Afghanistan. The preference is for these weapons to be exported temporarily on DSP-73s, although DSP-5s will be considered with appropriate justification. For fully-automatic firearms proposed for export to a non-IIG (private) end-user in Iraq, DDTC requires:
U.S. companies should pay keen attention to the brokering requirements under Part 129 of the ITAR, and they may not begin such activities until they have the appropriate approvals on registration and licensing in place. Also, all sources should be completely described, including names, locations and addresses. |
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Special Note for government Security Contractor Operations for the NRC/DoE within NYS - As of now, the Nuclear Regulatory Commission (NRC) guidelines have not yet been finalized. Accordingly, contractors at NRC licensed facilities are not yet eligible to possess machine guns and ATF could not approve the transfer of machine guns to such contractor. The federal agency can purchase and issue the firearms to the contractor but the firearms remain United States Government property. You should also note that New York State law generally prohibits the possession of machine guns and BATFE is not aware of an exception that would allow a security contractor to possess. ATF cannot approve an application for transfer where the receipt and possession of the firearm would place the transferee in violation of State law. If and when the NRC guidelines are finalized, BATFE would need confirmation by State authorities that possession under the described circumstances is lawful.
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