WAIT!!! There are legal issues!
My wife put this together a while back for a friend of mine.
EXPORT -- DEPARTMENT OF COMMERCE
If the scope qualifies as a "commercial item" its export might be governed by the U.S. Department of Commerce. The applicable regulations governing this is called the Export Administration Regulations,EAR).
The website for the Department of Commerce's export division is:
http://www.export.gov/
This is a very user-friendly site designed to help first-time exporters,the tagline on the home page is "Let us help you export!". He could start with reading this site and contacting these folks for information. They have trade specialists available to answer questions -- phone number 1-800-USA-TRADE.
This is a good first step and the website and the trade counselors can help explain the basic export process.
If he has specific questions on regulations, the website to look up items in the EAR is:
http://www.access.gpo.gov/bis/index.html
If you look click on the link above and go into the EAR database, there are items like: Helpful hints to exporters, steps for using the EAR, directory of export services, export clearance requirements, etc., which could be helpful.
US DEFENSE ARTICLES -- U.S. STATE DEPARTMENT - ITAR
If the item being exported has a military use and is considered a "Defense Article" then it is subject to U.S. export regulations. The website for the Department of State Directorate of Defense Trade Controls is below:
http://pmdtc.org/
This website contains information and circulars to help him determine if the product he is shipping qualifies. It also contains contact information, so he can call someone and talk through this. If the scope qualifies as a defense article, he would need U.S. State Department Approval in the form of an export license,a DSP-5) to ship it overseas.
Guidelines on how to get a DSP-5 licenses are at:
http://pmdtc.org/licenses.htm
Export of Defense Articles is controlled by the International Trade Administration Requlations,ITAR). A link to the ITAR is below:
http://pmdtc.org/consolidated_itar.htm
To see if the scope qualifies as a "Defense Article" he needs to review the U.S. Munitions List -- this is a list of all items that are considered "Defense Articles".
I looked at the USML, I believe the scope would be USML Category I, Firearms, paragraph,f) if the scope was manufactured to military specifications:
USML, CATEGORY I, FIREARMS INCLUDES:
,f) Riflescopes manufactured to military specifications,See category XII,c) for controls on night sighting devices.)
IT ALSO INCLUDES THE BELOW NOTE:
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 730-799). In addition, license exemptions for the items in this category are available in various parts of this subchapter,e.g. Sec. Sec. 123.17, 123.18 and 125.4).
QUESTION: Is the scope he wants to export manufactured to military specifications?
If so, it is covered as a defense article under Category I,f). If not it is exempt from the U.S. State Department regs and he would just need to check with the Department of Commerce. If the scope was manufactured to U.S. military specifications, he should also read through Exemptions listed in Sec. 123.17 below to see if his export qualifies, if so he could list this exemption on the mailing label,in a comments area) and ship the item without a license. Exemptions must be invoked at time item is shipped.
Sec. 123.17 Exports of firearms and ammunition.
,a) Except as provided in Sec. 126.1 of this subchapter, District Directors of Customs shall permit the export without a license of components and parts for Category I,a) firearms, except barrels, cylinders, receivers,frames) or complete breech mechanisms when the total value does not exceed $100 wholesale in any transaction.
,b) District Directors of Customs shall permit the export without a license of nonautomatic firearms covered by Category I,a) of Sec. 121.1 of this subchapter if they were manufactured in or before 1898, or are replicas of such firearms.
,c) District Directors of Customs shall permit U.S. persons to export temporarily from the United States without a license not more than three nonautomatic firearms in Category I,a) of Sec. 121.1 of this subchapter and not more than 1,000 cartridges therefor, provided that:
,1) A declaration by the U.S. person and an inspection by a customs officer is made;
,2) The firearms and accompanying ammunition must be with the U.S. person's baggage or effects, whether accompanied or unaccompanied,but not mailed); and
,3) They must be for that person's exclusive use and not for reexport or other transfer of ownership. The foregoing exemption is not applicable to a crew-member of a vessel or aircraft unless the crew-member declares the firearms to a Customs officer upon each departure from the United States, and declares that it is his or her intention to return the article,s) on each return to the United States. It is also not applicable to the personnel referred to in Sec. 123.18.
,d) District Directors of Customs shall permit a foreign person to export without a license such firearms in Category I,a) of Sec. 121.1 of this subchapter and ammunition therefor as the foreign person brought into the United States under the provisions of 27 CFR 178.115,d).,The latter provision specifically excludes from the definition of importation the bringing into the United States of firearms and ammunition by certain foreign persons for specified purposes).
,e) District Directors of Customs shall permit U.S. persons to export without a license ammunition for nonautomatic firearms referred to in paragraph,a) of this section if the quantity does not exceed 1,000 cartridges,or rounds) in any shipment. The ammunition must also be for personal use and not for resale or other transfer of ownership. The foregoing exemption is also not applicable to the personnel referred to in Sec. 123.18.
Sec. 123.18 Firearms for personal use of members of the U.S. Armed Forces and civilian employees of the U.S. Government.
NOTE: I DON'T BELIEVE THIS EXEMPTION FOR MEMBERS OF ARMED FORCES OR CIVILIAN EMPLOYEES WOULD APPLY--IF IT DOES THE FULL WORDING CAN BE LOOKED UP VIA THE LINK ABOVE.
Sec. 125.4 Exemptions of general applicability.
NOTE: THESE APPLY TO TECH DATA--NOT HARDWARE--YOU CAN LOOK THEM UP ON THE LINK ABOVE IF YOU WANT
FIREARMS -- BUREAU OF TOBACCO & FIREARMS,BATF)
If an actual firearm is being exported, in addition to the DSP-5 export license, Bureau of Tobacco & Firearms,BATF) approval is also required. I don't believe this would be required for a scope.
I hope this helps.
