A naturalized American citizen was worried about the safety of relatives who live in a war zone. Further concerned that he was not getting reliable information, he decided to see to his relations’ safety personally, by going to the war zone himself. Rationally fearing for his own safety, he also purchased body armor captured by U.S. Munitions List Category X(a)(1) and a helmet captured by Category X(a)(6).

Being a mid-level captain of industry, he was familiar enough with export controls to know that, before embarking, he should ask the State Department’s Directorate of Defense Trade Controls (“DDTC”) whether he needed a license to carry these items with him abroad. So he called DDTC.

The (almost always helpful) people at DDTC told him that he did not need a license, so long as he declared his possession of the items to Customs and Border Protection (“CPB”) at the airport on his way out of the US. Then he dutifully presented himself and CPB seized his body armor!

Engaged after the fact, I was able to assist him in getting his armor returned, but I never got a satisfactory answer as to why it was sequestered in the first place. ITAR § 123.17(f), which requires Port Directors to permit temporary exports of the kinds and amounts of armor my client was carrying, also requires the person declaring the articles to present the CBP officer an “Internal Tracking Number from submission of the Electronic Export Information in the Automated Export System (AES) per § 123.22”; and my client did not get an ITN. But the DDTC agent he spoke to did not mention that requirement; and when I called DDTC to inquire, the agent I spoke with was unaware of it. Nor did the CBP agent at my client’s airport demand an ITN, much less cite him for failure to provide one.

The best explanation may be that the ITN requirement appears to have been added to the ITAR in 2012, and neither the helpful DDTC agent nor the CBP agent knew about it. Anyway, two clear lessons emerge:

• If you’re carrying body armor out of the country, carry with you a completed CBP Form 4457 entitled “Certificate of Registration for Personal Effects Taken Abroad” and a copy of the print-out of the ITN produced by your AES filing.

• If you are not fluent with the ITAR, then by all means begin your research by calling DDTC; but don’t just take yes for an answer. Ask the agent to cite you the ITAR provision that allows you to do what he says you can do … and read it, all of it.

§ 123.17 Exports of Firearms, Ammunition, and Personal Protective Gear[1]

(f) Port Directors of U.S. Customs and Border Protection (CBP) shall permit U.S. persons to export temporarily from the United States without a license one set of body armor covered by U.S. Munitions List Category X(a)(1), which may include one helmet covered by U.S. Munitions List Category X(a)(6), or one set of chemical agent protective gear covered by U.S. Munitions List Category XIV(f)(4), which may include one additional filter canister, provided:
(1) The person declares the articles to a CBP officer upon each departure from the United States, presents the Internal Transaction Number from submission of the Electronic Export Information in the Automated Export System (AES) per § 123.22 of this subchapter, and the

This section amended by 78 FR 40630-40632 (July 8, 2013), stating in part:
The Department of State is amending the [ITAR] to implement section 520 of the Consolidated and Further Continuing Appropriations Act 2012 (Pub. L. 112-55) . . . . Pursuant to section 520, the Department cannot require a license for the export of certain firearms and firearms components for end-use by the Canadian government with a total transaction value not exceeding $500 wholesale, and cannot require a license for the export of certain firearms components for end-use in Canada with a total transaction value not exceeding $500 wholesale. ITAR Sec. 123.17 is revised accordingly. In addition, ITAR Sec. 123.16(b)(6) is amended to remove the words “for personal use,” as the firearms exemption at ITAR Sec. 123.17 includes use of the exemption for an end-use other than personal use.
See 74 FR 39212 (Aug. 6, 2009), Supplementary Information, stating in part:
U.S. individuals are traveling to hazardous areas in foreign countries where they need to wear body armor for personal safety. Consequently, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to add an exemption for the temporary export of body armor covered by 22 C.F.R 121.1, Category X(a)(1). The exemption is available for destinations not subject to restrictions under ITAR §126.1 and to Afghanistan and Iraq under specified conditions. In order to use the exemption, the protective equipment must be for the individual’s exclusive use and must be returned to the United States. The individual may not re-export the protective equipment to a foreign person or otherwise transfer ownership. The protective equipment may not be exported to any country where the importation would be in violation of that country’s laws. The U.S. person declaring the temporary export of body armor to U.S. Customs and Border Protection should use CBP Form 4457 entitled the “Certificate of Registration for Personal Effects Taken Abroad.” The export information is not required to be reported electronically using the Automated Export System (AES). Upon re-entering the United States, the CBP Form 4457 should be presented. In the event the body armor is lost or otherwise not returned to the United States, a detailed report about the incident must be submitted to the Office of Defense Trade Controls Compliance. The report should describe all attempts to locate the body armor.
Practice Tip: The CBP Form 4455, Certificate of Registration (June 2012), available at (http://forms.cbp.gov/pdf/CBP_Form_4455.pdf) (for one-time use), may be used instead of the CBP Form 4457, Certificate of Registration for Personal Effects Taken Abroad (Aug. 2009) available at (http://forms.cbp.gov/pdf/CBP_Form_4457.pdf) (for multiple trips). Both documents may be also be used to avoid the payment of U.S. import duties on the returned articles (provided they have not been improved in value overseas) by showing that the articles listed are classified under the Harmonized Tariff Schedule as HTS No. 9801.00.10, “Products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process or manufacture or other means while abroad.”
The word “temporary” is not defined in ITAR, but see §§ 123.4(a) and 123.5(a), which limit use of exemptions for temporary imports and exports under those sections to 4 years.
See 77 FR 25865, at 25866 (May 2, 2012), Supplementary Information, stating in part: “The Department … has added helmets covered by 22 C.F.R 121.1, Category X(a)(6) to the exemption for the temporary export of body armor, when the helmet is included with the body armor. The exemption is not available for the helmet alone.”
See 77 FR 25865, at 25866 (May 2, 2012), Supplementary Information, stating in part:
One commenting party recommended the removal of the requirement to file the export declaration through the Automated Export System (AES), with the explanation that AES is not available for individual use. The Department verified that AES is available for individual use. Therefore, the Department did not accept this recommendation.
Practice Tip: Travelers using this exemption should carry a copy of the print-out of the Internal Transaction Number (ITN) produced by the AES/EEI filing. CBP occasionally asks travelers with hand-carried articles exported under this exemption to produce the ITN, and has imposed penalties on persons unable to produce it.

articles are presented to the CBP officer for inspection;
(2) The body armor, which may include a helmet, or chemical agent protective gear, which may include one additional filter canister, to be exported is with the individual’s baggage or effects, whether accompanied or unaccompanied (but not mailed); and
(3) The body armor, which may include a helmet, or chemical agent protective gear, which may include one additional filter canister, to be exported is for that person’s exclusive use and not for reexport or other transfer of ownership. The person must declare it is his intention to return the article(s) to the United States at the end of tour, contract, or assignment for which the articles were temporarily exported.
(g) The license exemption set forth in paragraph (f) of this section is also available for the temporary export of body armor or chemical agent protective gear for personal use to countries listed in § 126.1 of this subchapter provided:
(1) The conditions in paragraphs (f) of this section are met; and
(2) The person is affiliated with the U.S. Government traveling on official business or is traveling in support of a U.S. Government contract. The person shall present documentation to this effect, along with the Internal Transaction Number for the AES submission, to the CBP officer.
(h) The license exemption set forth in paragraph (f) of this section is available for the temporary export of body armor, which may include a helmet, or chemical agent protective gear, which may include one additional filter canister, for personal use to Iraq, provided the conditions in paragraph (f) are met, and the person is either affiliated with the U.S. Government traveling on

See 77 FR 25865 (May 2, 2012), Supplementary Information, stating in part:
Three commenting parties requested the elimination of the requirement for a U.S. Customs and Border Protection (CBP) inspection before export, citing logistical difficulties in certain instances (for example, departing on a U.S. military airplane from a U.S. military base). According to law and regulations, persons who claim this exemption must submit the articles for CBP inspection at departure, regardless of the type of aircraft used for departure from the United States. Therefore, the Department did not accept this recommendation.
See 77 FR 25865, at 25866 (May 2, 2012), Supplementary Information, stating in part:
One commenting party recommended expanding the exemption to allow a U.S. person to export and distribute to employees the items covered by the exemption. While a company within the definition of “U.S. person” may claim the exemption for his employees, the individual employees must export the items and these items must be with the individual’s baggage or effects, whether accompanied or unaccompanied (but not mailed).
See 77 FR 25865 (May 2, 2012), Supplementary Information, stating in part:
Two commenting parties recommended the option of separate shipment or mailing of armor or gear exported using this exemption, stating that carrying the armor or gear is burdensome. We acknowledge that carrying the armor or gear may present certain logistical difficulties, but because this exemption is intentionally of limited scope, we are not prepared to authorize separate shipment or mailing as a mean of export at this time. Therefore, the Department did not accept this recommendation.
See 77 FR 25865, at 25866 (May 2, 2012), Supplementary Information, stating in part:
One commenting party recommended providing the option of depositing the body armor or chemical agent protective gear with a U.S. Government depot and receiving a receipt in lieu of physical return of the articles to the United States, and another commenting party inquired whether this was permissible under the exemption. In order to avoid the requirement of obtaining a license from the Department for the export, the articles temporarily exported under this exemption must be physically returned to the United States. Therefore, the Department did not accept this recommendation.
The word “temporary” is not defined in ITAR, but see §§ 123.4(a) and 123.5(a), which limit use of exemptions for temporary imports and exports under those sections to 4 years.
Notwithstanding the 123.16(a) and 126.1(a) prohibitions against using exemptions for exports to 126.1(a) proscribed countries.
The word “temporary” is not defined in ITAR, but see §§ 123.4(a) and 123.5(a), which limit use of exemptions for temporary imports and exports under those sections to 4 years.
See 77 FR 25865, at 25866 (May 2, 2012), Supplementary Information, stating in part:
One commenting party recommended including specific mention of the C2 canister as covered by the chemical agent protective gear exemption. Upon reflection, the Department determined that the exemption would be more useful if it provided for coverage of a spare filter canister (of which the C2 canister is one variant). Therefore, the Department in effect accepted this recommendation, although it opted for use of the more generic term of “filter canister” rather than “C2 canister.”

official business or is traveling in support of a U.S. Government contract, or is traveling to Iraq under a direct authorization by the Government of Iraq and engaging in activities for, on behalf of, or at the request of, the Government of Iraq. The person shall present documentation to this effect, along with the Internal Transaction Number for the AES submission, to the CBP officer.

Documentation regarding direct authorization from the Government of Iraq shall include an English translation.
(i) The license exemption set forth in paragraph (f) of this section is available for the temporary export of body armor, which may include a helmet, or chemical agent protective gear, which may include one additional filter canister, for personal use to Afghanistan, provided the conditions in paragraph (f) are met.