CSMS Message: 15-000255

Attention: Brokers, Importers, and Software Developers: The International Trade Data System (ITDS) Committee of the Trade Support Network (TSN) needs your input and participation in our new Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Import Working Group. The ATF Working Group Lead Members are William Majors (ATF-Imports Chief); Desiree Dickinson (ATF Imports Liaison Analyst); and Lee Alston Williams (ATF IT Liaison Analyst).

Working Group Purpose

The purpose of the ATF Import Working Group is to solicit stakeholder input regarding the data elements that ATF intends to require to be submitted through the Automated Commercial Environment (ACE) filing system, as well as the technical requirements to use ACE. The working group will primarily focus on the information technology issues associated with implementing ACE. The working group will consist of members of the international trade community that import ATF-regulated commodities, software development companies, and representatives from ATF and U.S. Customs and Border Protection (CBP) that are working on the ACE project. Participation in ACE implements the electronic submission of ATF-required import data for cargo admissibility processing through the use of Electronic Data Interchange (EDI). Your involvement is needed to ensure that ACE will provide for the efficient and timely clearance of cargo, while maintaining compliance with ATF regulations.

ATF Authority

The Attorney General (AG) is responsible for enforcing (1) section 38 provisions of the Arms Export Control Act of 1976 (AECA), 22 U.S.C. § 2778, that relate to the importation of defense articles and defense services; (2) National Firearms Act (NFA) provisions at 26 U.S.C. Chapter 53 that relate to commerce in firearms and ammunition; and (3) Gun Control Act of 1968 (GCA) provisions at 18 U.S.C. Chapter 44 that relate to commerce in firearms and ammunition. The AG has delegated these responsibilities to the Director of ATF at 28 CFR 0.130.
The GCA, 18 U.S.C. § 923(g)(1)(A) requires licensees to maintain records of importation as the AG may by regulations prescribe. Persons engaged in the business of importing are required to be licensed with ATF, 18 U.S.C. 923(a) and 27 CFR 478.41. Firearms, ammunition and barrels are generally not importable without an approved ATF Form 6, 27 CFR 478.111-478.114. The regulation at 27 CFR 478.21 addresses the Director's authority to prescribe all forms required by Part 478.
The regulation at 27 CFR 479.111 refers to the Form 6 as part of the required procedure for importation for all defense articles regulated under the NFA. The regulation at 27 CFR 479.21 addresses the Director's authority to prescribe all forms required by Part 479.
In the AECA, 22 U.S.C. § 2778(a)(1) provides delegated authority to control the import of defense articles and to promulgate regulations for the import of defense articles. The AECA regulations in 27 CFR Part 447 provide that ATF is authorized to prescribe all forms required in Part 447 (27 CFR 447.35), and that USMIL articles cannot be imported except pursuant to a permit under Part 447 (27 CFR 447.41). The regulation at 27 CFR 447.42 spells out the Form 6, and the regulation at 27 CFR 447.45 addresses the use of the Form 6 in importation. Persons engaged in the business of importing articles enumerated on the United States Munitions Import List must register with ATF, 27 CFR 447.31.

Working Group Task

The task of this working group is to assure that all technical and data requirements are transitioned to ACE in a seamless and timely manner, and that data collected in ACE assists ATF to perform its responsibilities relative to the permanent import of defense articles into the United States. Furthermore, coordinated and automated messaging among CBP, ATF, and the trade must be developed to provide a streamlined entry process.

Once ACE is fully operational, the current import system known as the Automated Commercial System (ACS) will be decommissioned, and ACE will become the sole electronic filing system. As such, this will enable ATF data related to manifest, cargo release, and post-release processing to be available for electronic submission via the Partner Government Agency (PGA) Message Set.

Working Group Commitment

Working Group participants should be prepared to commit to one or two 2-hour conference calls. A more definite schedule will be determined at the Working Group's first meeting. The teleconferences will focus on the technical data flows and business processes required for the aforementioned ATF message sets in order to define the programming and operational guidelines to be implemented by CBP, ATF, importers, and customs brokers when filing and processing entries for products subject to ATF jurisdiction. Regulatory and policy issues are outside the scope of this working group.

To participate in the ATF ACE/ITDS Working Group please send your contact information to all four representatives listed below:

William.Majors at william.majors@atf.gov

Desiree Dickinson at desiree.dickinson@atf.gov

Lee Alston-Williams at Lee.alston-williams@atf.gov

Frank Korpusik at frank.j.korpusik@cbp.dhs.gov

Please Respond By COB May 5, 2015