Night Vision NV rails, are they limited by ITAR?

[HenrikOlsen]

I live in Norway and I'm trying to gather up the parts for a Mark 13 build. For this I would need a MIRS rail and I've found one on Ebay. When attempting to place a bid I got the following message:

In the last year or so I've been in contact with the company that makes the NVG rail for the M40A5 and they said they were able to Norway without problems. The Norwegian branch of Brownells also offered the MARS rail while it was in stock, that makes me think that the rail itself is not prohibited under the ITAR rules. Opticsplanet also have this rail for Sig/Blaser actions and they also claimed it was not an issue shipping ot Norway. Am I wrong in thinking it should be ok? I don't want to get in trouble for a picatinny rail...

 

[THEIS]

Hi,

The answer is yes and no. I will attempt to explain and provide the supporting documents for you.

Per the USML Section 121 YES the NV rails would fall under Category 1 subsection H (See link below)
https://www.ecfr.gov/cgi-bin/text-i...9cc5df41a180750a&node=22:1.0.1.13.58&rgn=div5

But there is a "small parts" exemption that states if the product has wholesale value of $100 or less then it is exempt from needing an ITAR export license per 22 CFR 123.17 (A). (See link below)
https://www.ecfr.gov/cgi-bin/text-i...a&node=22:1.0.1.13.60&rgn=div5#se22.1.123_116

So depending on the cost of the NV rail you are attempting to purchase on ebay it would be ITAR controlled.

Sincerely,
Theis

 

[HenrikOlsen]

Thank you for explaining it in an easy way I see I've used the wrong term when I used "NVG" as that would indicate goggles. The correct term is a NV rail. Not that it changes the outcome, as the MIRS rail in question has a bid on it for 405 USD and thus falls under the ITAR regulations correct?

 

[THEIS]

Hi,

No worries in regards to NVG or NV rail; I knew what you meant because you stated MIRS

At $405 per the USML Section 121, Category 1, subsection H then it would fall under ITAR exportation standards/requirements.
Norways branch of Brownells is more than like using their wholesale cost being listed at $100 or they are doing an annual blanket type export permit with just shitloads of items on that export license so they can ship those items to themselves at any time without filing for individual export licenses for single items such as the MIRS.

I am sure you may get other people and/or companies to state otherwise and even say they have shipped and/or received that same rail without export permit, BUT USML Sec 121 is the "Law" and it is layed out in black and white.

Sincerely,
Theis

 

[HenrikOlsen]

Bugger. Thought I'd get the build going there for a moment, but ITAR strikes again

Thanks for helping me with the regulations and mentioning the 100 USD limit. I didn't know about that one.

BR,
Henrik

 

[THEIS]

Hi,

@HenrikOlsen

Are you friends with any of the gun store owners/managers in your area?
Maybe have a talk with a few of them and see if they are willing to put the MIRS rail you are looking for on their next export license they are having someone handle for them in the USA.
Maybe contact the guys at GRS Stocks and see if they can help you with getting the ITAR export permit. I would venture to say one of their USA dealers can apply for an export permit for them

Sincerely,
Theis

 

[HenrikOlsen]

Awesome suggestion, thank you! I've contacted a store on the west coast who might be able to sort it out for me