June 18, 2011 SIP-DIS sip-dis.blogspot.com By Dave Wigs
The ATF has publicly stated that they are in support of 22 usc 2778 in an open letter dated November 30, 2010 the letter approved by Kenneth Melson The letter only refers to the importation of firearms and ammunition. http://www.atf.gov/press/releases/2010/12/120710-atf-ruling-9-supporting-doc-for-import-permit.html
As outlined in the united states code 22 USC 2778
(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information (1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services.
The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services.
The items so designated shall constitute the United States Munitions List. (2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements.
So did the president authorize the transfer of the guns involved. after all they are on the munitions list.
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER M - INTERNATIONAL TRAFFIC IN ARMS REGULATIONS
PART 121 - THE UNITED STATES MUNITIONS LIST
121.1 - General. The United States Munitions List.
(a) The following articles, services and related technical data are designated as defense articles and defense services pursuant to sections 38 and 47(7) of the Arms Export Control Act (22 U.S.C. 2778 and 2794(7)). Changes in designations will be published in the Federal Register. Information and clarifications on whether specific items are defense articles and services under this subchapter may appear periodically in the Defense Trade News published by the Center for Defense Trade.
(b) Significant military equipment: An asterisk precedes certain defense articles in the following list. The asterisk means that the article is deemed to be significant military equipment to the extent specified in 120.19. The asterisk is placed as a convenience to help identify such articles.
(c) Missile Technology Control Regime Annex (MTCR). Certain defense articles and services are identified in 121.16 as being on the list of MTCR Annex items on the United States Munitions List. These are articles as specified in 120.29 of this subchapter and appear on the list at 121.16.
Category IFirearms, Close Assault Weapons and Combat Shotguns *(a) Nonautomatic and semi-automatic firearms to caliber .50 inclusive (12.7 mm).*(b) Fully automatic firearms to .50 caliber inclusive (12.7 mm).*(c) Firearms or other weapons (e.g. insurgency-counterinsurgency, close assault weapons systems) having a special military application regardless of caliber.*(d) Combat shotguns. This includes any shotgun with a barrel length less than 18 inches.*(e) Silencers, mufflers, sound and flash suppressors for the articles in (a) through (d) of this category and their specifically designed, modified or adapted components and parts. (f) Rifle scopes manufactured to military specifications (See category XII(c) for controls on night sighting devices.) *(g) Barrels, cylinders, receivers (frames) or complete breech mechanisms for the articles in paragraphs (a) through (d) of this category.
(h) Components, parts, accessories and attachments for the articles in paragraphs (a) through (g) of this category.
(i) Technical data (as defined in 120.10 of this subchapter) and defense services (as defined in 120.9 of this subchapter) directly related to the defense articles enumerated in paragraphs (a) through (h) of this category. Technical data directly related to the manufacture or production of any defense articles enumerated elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME.
(j) The following interpretations explain and amplify the terms used in this category and throughout this subchapter: (1) A firearm is a weapon not over .50 caliber (12.7 mm) which is designed to expel a projectile by the action of an explosive or which may be readily converted to do so.
(2) A rifle is a shoulder firearm which can discharge a bullet through a rifled barrel 16 inches or longer.
(3) A carbine is a lightweight shoulder firearm with a barrel under 16 inches in length.
(4) A pistol is a hand-operated firearm having a chamber integral with or permanently aligned with the bore.
(5) A revolver is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.
(6) A submachine gun, machine pistol or machine gun is a firearm originally designed to fire, or capable of being fired, fully automatically by a single pull of the trigger.
Note: This coverage by the U.S. Munitions List in paragraphs (a) through (i) of this category excludes any non-combat shotgun with a barrel length of 18 inches or longer, BB, pellet, and muzzle loading (black powder) firearms. This category does not cover riflescopes and sighting devices that are not manufactured to military specifications. It also excludes accessories and attachments (e.g., belts, slings, after market rubber grips, cleaning kits) for firearms that do not enhance the usefulness, effectiveness, or capabilities of the firearm, components and parts. The Department of Commerce regulates the export of such items. See the Export Administration Regulations (15 CFR parts 730799).
In addition, license exemptions for the items in this category are available in various parts of this subchapter (e.g. 123.17, 123.18 and 125.4).
For the president to authorize Fast and furious legally he would have had to enter into an agreement with the Government of Mexico. We now know that the Mexican President,
Calderon was unaware of this operation. Under this statute the ATF agents would have to be authorized agents working on behalf of the United states Government with the approval of the president. If the president claims no knowledge of the operation then the ATF Acting Director Kenneth Melson broke this international law. The agents in charge of F & F are complisant by acting as knowing participants in and the facilitation of weapons on the munitions list to criminal organizations for the purpose of escalating an internal conflict in a sovereign nation. If the president did have knowledge of F& F then he is guilty as well.
With respect to Section 38 of the Arms Export Control Act of 1976 (22 U.S.C. 2778), only the importation provisions are administered by ATF. Export provisions are administered by the Department of State.
§ 127.4 Authority of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection officers.
(a) U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection officers may take appropriate action to ensure observance of this subchapter as to the export or the attempted export of any defense article or technical data, including the inspection of loading or unloading of any vessel, vehicle, or aircraft. This applies whether the export is authorized by license or by written approval issued under this subchapter.
(b) U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection officers have the authority to investigate, detain or seize any export or attempted export of defense articles or technical data contrary to this subchapter.
(c) Upon the presentation to a U.S. Customs and Border Protection Officer of a license or written approval authorizing the export of any defense article, the customs officer may require the production of other relevant documents and information relating to the proposed export. This includes an invoice, order, packing list, shipping document, correspondence, instructions, and the documents otherwise required by the U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
[70 FR 50965, Aug. 29, 2005]
All firearms exiting the United States is the responsibly of Customs And Border Protection. To that fact the investigation of firearms legally or illegally leaving the U.S. is beyond the scope of responsibility of ATF and its parent The U.S. Justice Department. It would be safe to conclude that F&F was ill-conceived and illegal from the start. DOJ and ATF officials acted as rouge agents without informing the Mexican Government or CBP. The motivation for this operation was (1.) The hope of enacting tougher gun laws in the U.S. (2.) Using the potential take down of a drug cartel as political fatter in the next election cycle. (3.) The ATF justification for increasing agency funding and internal promotion of supervisors.
Now that the excrement has hit the oscillating device the cover up is in full swing and the White House and DOJ are working overtime redacting and shredding. Someone needs to Tell Barack that the cover up is as bad as the crime...