The source of $$ 1.1 to 1.45, inclusive, is Regulations, Secretary of State, Sept. 13, 1939, effective Sept. 15, 1939, 4 F.R. 3946. [Preceding section, in small type, superseded by following section during period covered by this Supplement] $ 1.1 Application for registration. All persons engaged in the business of manufacturing, exporting, or importing any of the arms, ammunition, or implements of war enumerated in § 1.49 shall register with the Secretary of State by duly filling out and transmitting to the Secretary of State an application for registration in the form printed below. The articles manufactured, exported, or imported shall be listed on the application for registration under the same categories and in precisely the same terms in which they are listed in § 1.49. Applications for registration must be signed and sworn to in the presence of a notary public before they are transmitted to the Secretary of State. plements of war. (Strike out the designation or designations not applicable to the business of the applicant.) (5) List of the arms, ammunition, and implements of war manufactured, imported, or exported. (The articles manufactured, imported, or exported shall be listed under the following categories in precisely the same terms in which they are listed in the President's proclamation of May 1, 1937.) Category I Category II Category III Category IV Category V REGISTRATION NUMBER (Not to be filled in by the applicant) UNITED STATES OF AMERICA DEPARTMENT OF STATE Certificate of Registration This certifies that the person named above has registered in compliance with the provisions of the joint resolution of Congress approved November 4, 1939, and has paid the required registration fee of $100. This certificate is valid for a period of five years from Persons Engaged in the Business of Manufacturing, Exporting, or Importing Arms, Ammunition, or Implements of War, Pursu-*+ ant to Section 12 of the Joint Resolution of Congress Approved by the President November 4, 1939. [SEAL] By FOR THE SECRETARY OF STATE. [Part III, (1)] *§§ 1.1 to 1.45, inclusive, (with exceptions noted in the text,) issued under the authority (The applicant shall fill in all of the following contained in sec. 12, 54 Stat. 10; 22 U.S.C., Sup., 245j-11. spaces) (1) Name of person (the term "person" includes a partnership, company, association, or corporation, as well as a natural person): (2) Principal place of business: (3) Other places of business in the United States: (4) The applicant is engaged in the (manufacture importation of arms, ammunition, or imexportation plements of war. (Strike out the designation or designations not applicable to the business of the applicant.) (5) List of the arms, ammunition, and implements of war manufactured, imported, or exported. (The articles manufactured, imported, or exported shall be listed under the following categories in precisely the same terms in which they are listed in the President's proclamation of May 1, 1937.) Category I Category II Category III Category IV Category V Category VI Category VII †The source of §§ 1.1 to 1.45, inclusive, is Laws and regulations administered by the Secretary of State governing the international traffic in arms, ammunition, and implements of war, and other munitions of war, seventh edition, Nov. 6, 1939; 4 F.R. 4513. $ 1.2 Registration fee. Applications for registration transmitted to the Secretary of State must be accompanied by a registration fee in the form of money orders or a certified check. This fee is in the amount of $100 for persons who have not manufactured, exported, or imported arms, ammunition, or implements of war, as enumerated in § 1.49, to a total sales value of more than $50,000 during the 12 months immediately preceding their application for registration, and in the amount of $500 for persons who have manufactured, exported, or imported arms, ammunition, or implements of war, as enumerated, to a total sales value of more than $50,000 during the 12 months immediately preceding their application. Persons paying a fee of $100 shall submit with their application for registration an affidavit, signed and sworn to before a notary public by a responsible officer of the company, stating that the company did not manufacture, export, or import arms, ammunition, or implements of war, as enumerated in § 1.49, to a total sales value of more than $50,000 during the 12 months immediately preceding the application for registration and setting forth such evidence in substantiation of this affirmation as may seem appropriate.**†† [Part III, (2)} [Preceding section, in small type, superseded by following section during period covered by this Supplement] Applications § 1.2 Registration fee. for registration transmitted to the Secretary of State must be accompanied by a registration fee of $100 in the form of a money order or a certified check.*+ [Part III, (2)] $ 1.3 Certificate of registration. Upon receipt of an application for registration and the appended certificate of registration, duly filled out and accompanied by a registration fee of $100 or $500, as the case may be, and by a satisfactory affidavit as described above in the case of persons paying a fee of $100. (These spaces are not to be filled in by the the Secretary of State will return to the applicant, as a receipt, the certificate of regis applicant) ***For statutory and source citations, see note to § 1.1 on page 2323. **For statutory and source citations, see note to § 1.1 on page 2325. Page 2325 tration, duly signed and sealed. This certifi- | required to register under the joint resolucate of registration must be conspicuously tion. Aircraft wheels and aircraft propeller displayed at the principal place of business of blades are, however, considered as constitutthe person registered.**†† [Part III, (3)] ing to such an unusual degree the main body [Preceding section, in small type, super-propellers that the manufacture, export, or of aircraft under-carriage units and aircraft seded by following section during period covered by this Supplement] import of such wheels or blades alone is held to subject the manufacturer, exporter, or importer to the requirement of registration.**tt [Part III, (5)] [Preceding section, in small type, superered by this Supplement] seded by following section during period cov § 1.3 Certificate of registration. Upon receipt of an application for registration and the appended certificate of registration duly filled out and accompanied by a registration fee of $100, the Secretary of State will return to the applicant, as a importers of aircraft wheels and propeller § 1.5 Manufacturers, exporters, and receipt, the certificate of registration, duly signed and sealed. This certificate importers of component parts of the arblades. Manufacturers, exporters, and of registration must be conspicuously ticles or units enumerated in § 1.49, but displayed at the principal place of busi-not of a complete article or unit listed in ness of the person registered.*+ [Part III, (3)] § 1.4 Notification of changes. Every person registered shall notify the Secretary of State of any change in the information set forth in his certificate of registration. If the change involves a revision of the list of arms, ammunition, and implements of war which he manufactures, exports, or imports, or a change of name, such registered person shall submit, on the form described in § 1.1, an application for an amended certificate of registration, including this information. Upon the receipt of a duly executed application therefor, the Secretary of State will issue to such person, free of charge, an amended certificate of registration which will remain valid until the date of the expiration of his original certificate. [Part III, (4)] [Preceding section, in small type, superseded by following section during period covered by this Supplement] that section, are not required to register § 1.6 Forgings, castings, and machined [Preceding section, in small type, superseded by following section during period covered by this Supplement] § 1.4 Notification of changes. Every person registered shall notify the Secretary of State of any change in the information set forth in his certificate of registration. If the change involves a revision of the list of arms, ammunition, and implements of war which he manufactures, exports, or imports, or a change bodies. Forgings, castings, and machined § 1.6 Forgings, castings, and machined of name, such registered person shall sub- bodies for any of the arms, ammunition, mit, on the form described in § 1.1, an application for an amended certificate of or implements of war enumerated in registration, including this information. § 1.49, which have reached such a stage in Upon the receipt of a duly executed ap-fiable as forgings, castings, or machined manufacture that they are clearly identiplication therefor, the Secretary of State will issue to such person, free of charge, an amended certificate of registration which will remain valid until the date of the expiration of his original certificate.* [Part III, (4)] § 1.5 Manufacturers, exporters, and importers of aircraft wheels and propeller blades. Manufacturers, exporters, and importers of component parts of the articles or units enumerated in § 1.49, but not of a complete article or unit listed in that section, are not Page 2326 bodies for arms, ammunition, and implements of war, are considered as constituting arms, ammunition, and implements of war for the purposes of section 12 of the joint resolution (54 Stat. 10; 22 U.S.C., Sup., 245j-11).*† [Part III, (6)] § 1.7 Club propellers, cut away models of aircraft engines, and mock-ups. Club propellers, cut away models of aircraft engines, and mock-ups, or models of arms, ammuni *For statutory and source citations, see note to § 1.1 on page 2323. For statutory and source citations, see note to § 1.1 on page 2325. tion, and implements of war which by reason of design or construction are incapable of being used or of being adapted for use in flight or for military or naval purpose will not be considered as arms, ammunition, or implements of war within the meaning of section 5 of the joint resolution.**†† [Part III, (7)] | [Preceding section, in small type, superseded by following section during period covered by this Supplement] § 1.7 Club propellers, cut away models of aircraft engines, and mock-ups. Club propellers, cut away models of aircraft engines, and mock-ups, or models of arms, ammunition, and implements of war which by reason of design or construction are incapable of being used or of being adapted for use in flight or for military or naval purposes will not be considered as arms, ammunition, or implements of war within the meaning of section 12 of the joint resolution.*† [Part III, (7)] § 1.8 Production for experimental or scientific purposes. The production for experimental or scientific purposes, when such production is not followed by sale, of the appliances and substances included in category VI, or of single units of other arms, ammunition, and implements of war, is not considered as manufacture for the purposes of section 5 of the joint resolution.' it [Part III, (8)] § 1.9 Persons who may make or receive occasional shipments. Persons who are not engaged in the business of exporting or importing arms, ammunition, or implements of war, but who, either for their own personal use or as forwarding agents for persons who are engaged in this business, or, in exceptional circumstances, in other capacities, may make or receive occasional shipments of such articles, will not be considered as exporters or importers of arms, ammunition, and implements of war within the meaning of section 12 of the joint resolution. Licenses for such shipments may be obtained in accordance with the provisions of § 1.24.*† [Part III, (9)] § 1.10 National Firearms Act, June 26, 1934; Federal Firearms Act, June 30, 1938. The provisions of this part shall be considered as binding in addition to, and not in lieu of, those established under the Act known as the National Firearms Act (26 U.S.C. and Sup., 1132-1132q), approved by the President June 26, 1934, as amended; and under the Federal Firearms Act (15 U.S.C., Sup., 901-909), approved by the President June 30, 1938. The National Firearms Act imposes certain taxes upon manufacturers, importers, and dealers in certain firearms and taxes upon transfers of certain firearms. The term "firearm" as used in this Act includes "a shotgun or rifle having a barrel of less than eighteen inches in [Preceding section, in small type, super-length, or any other weapon, except a pistol seded by following section during period covered by this Supplement] § 1.8 Production for experimental or scientific purposes. The production for experimental or scientific purposes, when such production is not followed by sale, of the appliances and substances included in category VI of § 1.49, or of single units of other arms, ammunition, and implements of war, is not considered as manufacture for the purposes of section 12 of the joint resolution.*+ [Part III, (8)] § 1.9 Persons who may make or receive occasional shipments. Persons who are not engaged in the business of exporting or importing arms, ammunition, or implements of war, but who, either for their own personal use or as forwarding agents for persons who are engaged in this business, or, in exceptional circumstances, in other capacities, may make or receive occasional shipments of such articles, will not be considered as exporters or importers of arms, ammunition, and implements of war within the meaning of section 5 of the joint resolution. Licenses for such shipments may be obtained in accordance with the provisions of § 1.24.**†† [Part III, (9)] [Preceding section, in small type, superseded by following section during period covered by this Supplement] or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition, but does not include any rifle which is within the foregoing provisions solely by reason of the length of its barrel if the caliber of such rifle is .22 or smaller and if its barrel is sixteen inches or more in length." The Federal Firearms Act applies to manufacturers and dealers who are engaged in interstate or foreign commerce in firearms and ammunition. The term "firearm" as used in this Act means "any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon," and the term "ammunition" includes "all pistol or revolver ammunition except .22-caliber rim-fire ammunition." Rules and regulations for the enforcement of these Acts are prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury.*** [Part III, (10)] [Preceding section, in small type, superseded by following section during period covered by this Supplement] § 1.10 National Firearms Act, June 26, 1934; Federal Firearms Act, June 30, 1938. The provisions of this part shall ****For statutory and source citations, see note to § 1.1 on page 2323. those printed below will be furnished by the Secretary of State upon request.**** [Part III, (11)] [Preceding section, in small type, superseded by following section during period covered by this Supplement] No § 1.11 Applications for licenses. person not registered under section 12 of the joint resolution shall engage in the business of exporting or importing any of the arms, ammunition, or implements of war listed in § 1.49. All persons registered shall obtain from the Secretary of State a license to cover each shipment exported or imported. Blank forms of application for license similar to those printed below will be furnished by the Secretary of State upon request. DEPARTMENT OF STATE APPLICATION FOR LICENSE TO EXPORT ARMS, be considered as binding in addition to, and not in lieu of, those established under the Act known as the National Firearms Act (48 Stat. 1236; 26 U.S.C. 1132-1132q), approved by the President June 26, 1934, as amended; and under the Federal Firearms Act (52 Stat. 1250; 15 U.S.C., Sup., 901-909), approved by the President June 30, 1938. The National Firearms Act imposes certain taxes upon manufacturers, importers, and dealers in certain firearms and taxes upon transfers of certain firearms. The term "firearm" as used in this Act includes "a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition, but does not include any rifle which is within the foregoing provisions solely by reason of the length of its barrel if the caliber of such rifle is .22 or smaller and if its barrel is sixteen inches or more in length." The Federal Firearms Act applies to manufacturers and dealers who are engaged in interstate or foreign commerce in firearms and ammunition. The term "firearm" as used in this Act means "any weapon, by whatever name known, which is designed to expel a projectile projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon," and the term "ammunition" includes "all pistol or revolver ammunition except .22caliber rim-fire ammunition." Rules and regulations for the enforcement of these Acts are prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury.*tments of war which is in effect on the date [Part III, (10)] or CROSS REFERENCE: For rules and regulations of the Department of the Treasury for the enforcement of these Acts, see 26 CFR Parts 307 and 313. § 1.11 Applications for licenses. No person not registered under section 5 of the joint resolution shall engage in the business of exporting or importing any of the arms, ammunition, or implements of war listed in § 1.49. All persons registered shall obtain from the Secretary of State a license to cover each shipment exported or imported. Blank forms of application for license similar to ORIGINAL (Application to be made in duplicate) Applicant's registration No. License No. (For official use only) (Insert here name of country of destination) General Instructions (a) One duplicate application should be made for each complete shipment to any one consignee, and may include more than ments to more than one country. one commodity, but may not include ship (b) Applications should be typewritten, with the exception of signature, but will be considered if written legibly in ink. (c) Commodities appearing under (7) below should be listed under the number of the pertinent category and category subdivision of that Presidential proclamation enumerating arms, ammunition, and imple the application is submitted. Each commodity listed should be designated clearly and specifically, the type and model designation being included whenever possible. (d) A separate value should be given under (8) below for each category, and for each subdivision of a category, which enters into the shipment covered by the application. Values listed should represent the selling price only of the articles exported, and should not include such supplementary costs as packing, freight, etc. (e) Unsigned applications or applications which omit essential information called for in the numbered spaces will be returned. **For statutory and source citations, see note to § 1.1 on page 2323. |