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Export of SWFA rifle scope

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Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: July/31/2014 at 20:47
auswim View Drop Down
Optics GrassHopper
Optics GrassHopper


Joined: July/31/2014
Location: Australia
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Hi all,

I am an Australian resident who's been trying to get my hands on an SWFA 6x42 MRAD scope. I know SWFA has a policy of no international orders, which I understand. I also know that SWFA does not endorse exporters buying SWFA scopes and shipping them overseas and considers that illegal - considering the potential penalties i think this is a sound policy. What I wasn't sure about was whether it truly was illegal, as I've certainly seen scopes in Australia which have a similar set of features to the SWFA scopes.

I considered having a friend ship me the scope, but I do not want my friend to do anything illegal, so I contacted the Department of Commerce. They replied to my questions with this:

Quote
Thank you for your e-mail.

The following information relates ONLY to the export of rifle scopes from the United States to Australia.  It specifically does NOT address the requirements for import into Australia of those items.  Please contact the appropriate Australian authorities for information relevant to such importation.

Most rifle scopes exported from the United States are under the jurisdiction of the Commerce Department (this agency).  Exceptions would be those scopes designed specifically for military use along with certain other very specialized scopes.  Those items would be listed on the U.S. Munitions List  (USML (http://www.pmddtc.state.gov/regulations_laws/itar.html )) and would be under the jurisdiction of the State Department's Directorate of Defense Trade Controls (DDTC).

If you are unable to determine if the particular scope in question falls under the USML, please visit the DDTC website (http://www.pmddtc.state.gov/ ) and complete a request for a Commodity Jurisdiction ruling.


Assuming the scope in question is under the jurisdiction of the Commerce Department, it would likely be listed on the Commerce Control List (CCL (  http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=02b534f76f96c9c5f13a1d1be8edf8d4&ty=HTML&h=L&n=15y2.1.3.4.45&r=PART )) and would be described by Export Control Classification Number (ECCN) 0A987.

Assuming your item is classified under ECCN 0A987, you will see that the applicable Reasons for Control are Firearms Convention - FC Column 1 and Crime Control - CC Column 1.  You will also see that Part 746.1(b) (of the Export Administration Regulations (EAR)) UN controls would apply to that ECCN.

By referring to Part 746.1(b) of the EAR (http://www.ecfr.gov/cgi-bin/text-idx?SID=03c48746e8c7c84d6cdc1ec013176d3a&node=15:2.1.3.4.30&rgn=div5#15:2.1.3.4.30.0.1.1 ) you will note that only Central African Republic, Cote d'Ivoire (Ivory Coast), Democratic Republic of the Congo, Eritrea, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, and Sudan are impacted by that particular control and Australia is not impacted.

You should then refer to the Commerce Country Chart found in Part 738 of the EAR (http://www.ecfr.gov/cgi-bin/text-idx?SID=03c48746e8c7c84d6cdc1ec013176d3a&node=15:2.1.3.4.24&rgn=div5 ) and to the Columns under FC-1 and CC-1 at the row for Australia.  You will note that there is no "X" in the box under either of these two columns indicating that there is no license requirement to export an item classified as 0A987 to Australia.

I hope this explanation helps.
(bolding mine)

If the scope has an ECCN it is not on the USML and is thus fine to export to certain countries (NATO allies, Australia, etc). So the question is whether SWFA scopes are on the USML. 

So I checked the Department of State Commodity Jurisdictions list at: https://www.pmddtc.state.gov/commodity_jurisdiction/determinationAll.html

SWFA scopes are not on that list, but that is because SWFA has not submitted a CJ to determine whether their scopes are actually ok to export or not. The Department of State prefers that CJs are submitted by the manufacturer and I do not have sufficient information to fill out a CJ. It's only 5 pages long, but I don't know all the details of where it is manufactured, etc.

Commodity Jurisdiction forms here: http://www.pmddtc.state.gov/commodity_jurisdiction/index.html

So after all that I'm still not sure if it's legal, and we won't definitively know unless SWFA were to fill out a CJ and find out from the Department of State whether it is restricted from export. Would SWFA consider submitting a CJ? I understand of course that the SS line of scopes is said to be milspec, but do you guys consider it to be worth trying?

In addition, the scope that was built for the military was the SS 10x42. Would the same restrictions apply to other scopes like the 6x or the variable power scopes? Again, the only way to know for sure would be to submit a CJ for each model. 

I suppose this is a business decision for SWFA who has to weigh the potential for international orders vs all the paperwork and compliance stuff, but with the CJ being only 5 pages and relatively simple I'd be very curious to know if the Department of State would restrict SS scopes.

And no, I won't be having my friend do anything until I know it's all ok to do so.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: July/31/2014 at 20:58
supertool73 View Drop Down
Optics Jedi Master
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Superstool

Joined: January/03/2008
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Can you get IOR scopes in Australia?  This would be a good substitute for the SS scope if you could.  http://swfa.com/IOR-6x42-Tactical-30mm-Rifle-Scope-P62612.aspx
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: July/31/2014 at 21:09
auswim View Drop Down
Optics GrassHopper
Optics GrassHopper


Joined: July/31/2014
Location: Australia
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I'm looking for something mil/mil. Valdada is european so I could probably get one, but it's a bit pricey for me.

An SWFA 6x was my first pick, but otherwise I'll be looking at a Bushnell or Weaver. They don't have quite the features I want though. I just figured I'd ask and see if this was even an option.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/11/2014 at 07:43
TheSpartan View Drop Down
Optics GrassHopper
Optics GrassHopper


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IOR scopes are starting to arrive in Australia via a newly appointed distributor. Gone Hunting has started shipping IOR scopes to stores like Safari and Abelas in Sydney and Abelas in Melbourne. The following scopes are currently shipping;

4x32

1/4x32

1.5-8x26

3.5-18x50

Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/12/2014 at 05:49
ol0ko View Drop Down
Optics GrassHopper
Optics GrassHopper


Joined: June/25/2014
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Points: 38
I can not believe you come here crying about how swfa as not submitted a CJ to determine whether their scopes are actually ok to export or not for Australia and you go on talking about that CJ for ever. I know the grass is always greener on the other side of the fense but no one wants to listen to that so pick up an IOR scope and GTFU!
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/12/2014 at 09:02
Urimaginaryfrnd View Drop Down
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Resident Redneck

Joined: June/20/2005
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I believe that the decision to not ship outside the US was a sound business decision. The reality is that the status of items like the SS scopes by specific model could change based on if the US Military selects a specific model or not. Which models they select change based on mission requirements. I can tell you that the 6X was a scope I requested be made and at that time I was a civilian employee of the US Military. From a business point of view it is a better cloice to place the possible needs of the US Military over the possible needs of civilians. You may be able to buy a Vortex mil mil scope or consider the Leupold FX3 competition target which is 1/4 moa clicks with covered turrets but is a wonderful choice.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/12/2014 at 17:26
RifleDude View Drop Down
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Not only that, but speaking from the perspective of someone who has had to deal with shipping goods overseas in previous jobs, I can tell you that it's a colossal pain in the arse to try to keep up with, much less comply with, all the laws/restrictions specific to foreign shipments. Unless you do a LOT of overseas business, it simply isn't worth the hassles and costs, which is why we ship only within CONUS here at our business.
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