Basic information
Outline of the system
The United States maintains a system of registrations and permits to control the importation of explosives. All manufacturers, dealers, importers, and possessors of explosive materials are required by law to be licensed or permitted. The primary purpose of this licensing system is to keep explosives out of the hands of persons prohibited by law from receiving or possessing explosives and to ensure the safe and secure storage of explosives. Background checks are conducted to ensure that anyone who possesses explosives is not otherwise prohibited by law.
Product coverage
Explosive materials are explosives, blasting agents, and detonators. Permits are required of all users. Licenses are required as stated in reply to question 1.
Nature of licensing
Automatic
If Automatic, administrative purpose
Not applicable.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
The United States maintains a system of registrations and permits to control the importation of explosives. All manufacturers, dealers, importers, distributors, transporters (including persons who cause transportation), shippers, and recipients of explosive materials are required by law to be licensed or permitted. The primary purpose of this licensing and permitting system is to keep explosives out of the hands of persons prohibited by law from receiving or possessing explosives and to ensure the safe and secure storage of explosives. Background checks are conducted to ensure that anyone who possesses explosives is not otherwise prohibited by law.
Products under restriction as to the quantity or value of imports
No. Purposes are to protect against the misuse and unsafe storage of explosive materials. See also reply to question 1. No alternative methods have been considered.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
All countries.
Expected duration of licensing procedure
Approximately ninety (90) days from the date the application is completely and correctly submitted.
Legal requirements
Is the licensing statutorily required?
18 U.S.C. Chapter 40; 27 CFR Part 555. Licensing is statutorily required
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Designation of products is not subject to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Licensing cannot be abolished without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms, and institutions are eligible to apply for licenses.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice; Firearms and Explosives Imports Branch (FEIB)
Address
99 New York Ave NW, Washington, DC 20226
Telephone
1-866-283-3352
Fax
304-616-4401
Contact officer
Not applicable.
Submission of an application
Administrative body(ies) for submission of an application
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Justice
Documentation requirements
What information is required in applications?
Application on ATF Forms 5400.13/5400.16, Application for License or Permit.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
An application for a license or permit must be approved or denied within 90 days after receipt. Usual turn-around time from receipt of application to issuance of license or permit is 90 days. This timing is due to the statutory requirement that ATF perform in-person inspections of the business premises and storage facilities of all new and renewing explosives license/permit applicants, as well as conduct a background check and interview before approving the application.
Which administrative body is responsible for approving application of licences?
Yes, consideration of applications is effected by a single administrative organ (ATF).
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No additional conditions apply.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
US$ 200.00 per license for three years; and US$ 100.00 for renewal for three years;
US$ 100.00 per User-permit per three years; and US$ 50.00 for User-permit renewal for three years;
US$ 75.00 per User-limited permit (non-renewable) valid for one year or one transaction; US$25.00 per Limited permit valid for one year or up to six transactions;
US$12.00 Limited permit renewal for one year or up to six transactions.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
No additional circumstances apply. An application is granted provided the applicant provides the necessary information and meets the necessary requirements, which include an in-person interview and facility inspection.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are provided to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue or revocation of a license, administrative appeals may be made through the Director, ATF.
If so, to what bodies and under what procedures?
And then there is right of appeal to United States Court of Appeals for the district in which the applicant/licensee resides.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Proof to United States Customs and Border Protection of licensed or permitted status furnished by importer or his agent. Explosives must be classified and marked per United States Department of Transportation standards.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licenses are valid for three years. The validity of a license can be extended by renewal application. General user permits are valid for three years and can be extended by renewal application. Intrastate User permits are valid for up to one year or six product uses and are renewable. User limited permits are valid for one year and are not renewable.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.