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:
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.