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	<title>Comments on: The CBP Is Mightier Than The Sword</title>
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	<link>http://www.exportlawblog.com/archives/414</link>
	<description>Latest News on DDTC, BIS, OFAC, and other export law matters</description>
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		<title>By: Frammi</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20880</link>
		<dc:creator>Frammi</dc:creator>
		<pubDate>Thu, 30 Oct 2008 21:57:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20880</guid>
		<description>To Non-Americans this discussion seems rather strange.

If I was on a battlefield with no arms but my Conan-Sword, I would desert!!

Maybe the officer just wasn&#039;t firm with modern weapons and thought that a Conan-Sword must be state of the art if even Arnie uses it in films where they have all possibilities?! Arnie could have had an M16 or an F16 instead, be he had been given this tremendous sword!

Or he is a Star Wars fan. Remember what those Jedis destroyed with their light swords. Maybe he mixed up CONAN with CORUSCANT??!

It will remain a miracle to me ;-o!

Good luck

Frammi</description>
		<content:encoded><![CDATA[<p>To Non-Americans this discussion seems rather strange.</p>
<p>If I was on a battlefield with no arms but my Conan-Sword, I would desert!!</p>
<p>Maybe the officer just wasn&#8217;t firm with modern weapons and thought that a Conan-Sword must be state of the art if even Arnie uses it in films where they have all possibilities?! Arnie could have had an M16 or an F16 instead, be he had been given this tremendous sword!</p>
<p>Or he is a Star Wars fan. Remember what those Jedis destroyed with their light swords. Maybe he mixed up CONAN with CORUSCANT??!</p>
<p>It will remain a miracle to me ;-o!</p>
<p>Good luck</p>
<p>Frammi</p>
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		<title>By: Jim Dickeson</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20872</link>
		<dc:creator>Jim Dickeson</dc:creator>
		<pubDate>Thu, 30 Oct 2008 04:51:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20872</guid>
		<description>I agree with Mr. Thompson&#039;s and Mr. Vito&#039;s comments, and cannot resist taking them to ridiculous extreme.   Because it was specially designed for the military, a Purple Heart would be subject to the ITAR.</description>
		<content:encoded><![CDATA[<p>I agree with Mr. Thompson&#8217;s and Mr. Vito&#8217;s comments, and cannot resist taking them to ridiculous extreme.   Because it was specially designed for the military, a Purple Heart would be subject to the ITAR.</p>
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		<title>By: Vito</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20868</link>
		<dc:creator>Vito</dc:creator>
		<pubDate>Wed, 29 Oct 2008 15:36:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20868</guid>
		<description>Mr. Carpenter, You stated that: &quot;The Imperial Japanese Army and Navy issued swords to both noncommissioned and commissioned officers up to and during World War II. Many U.S. servicemen as well as civilians lost their lives as they were beheaded by swords. To discount this dishonors their service.&quot; So you are saying that you concur these swords should be export controlled under the USML?

So, German military under Hitler bred german shepard dogs and used them during the war. Animals bred for military use are specifically &quot;modified&quot; by breeding and selecting only those animals with certain characteristics. Different military forces still use dogs today, and other animals such as dolphins. Shouldn&#039;t these be covered under the USML as well?

What about a kitchen knife that was used somewhere to commit some atrocity?

I think there is a limit to everything...</description>
		<content:encoded><![CDATA[<p>Mr. Carpenter, You stated that: &#8220;The Imperial Japanese Army and Navy issued swords to both noncommissioned and commissioned officers up to and during World War II. Many U.S. servicemen as well as civilians lost their lives as they were beheaded by swords. To discount this dishonors their service.&#8221; So you are saying that you concur these swords should be export controlled under the USML?</p>
<p>So, German military under Hitler bred german shepard dogs and used them during the war. Animals bred for military use are specifically &#8220;modified&#8221; by breeding and selecting only those animals with certain characteristics. Different military forces still use dogs today, and other animals such as dolphins. Shouldn&#8217;t these be covered under the USML as well?</p>
<p>What about a kitchen knife that was used somewhere to commit some atrocity?</p>
<p>I think there is a limit to everything&#8230;</p>
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		<title>By: Mike R</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20867</link>
		<dc:creator>Mike R</dc:creator>
		<pubDate>Wed, 29 Oct 2008 13:31:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20867</guid>
		<description>Clif, as always, I find it difficult to argue (and not concur) with your “rational thought and logical deduction”… and to a significant degree, I concede that its good “someone is reviewing what leaves the country” – However, I am sometimes a bit frustrated by overzealous Customs agents, that as “J” said, “have just enough information to be dangerous” (which may not include full comprehension of the law).

As for the comment from Mr. Carpenter that “U.S. servicemen as well as civilians lost their lives” and “To discount this dishonors their service”….   (sorry but) That gave me a chuckle..it sounds like something a politician would say to distract people --- once they got “too rational” in reviewing the facts (a “logic bomb”, if you will).  Not only is that a ridiculous exaggeration (as you have adeptly articulated some key differences) but it the specific kind of political/fear mongering-rhetoric that “keeps the madness going.”  Anyway, Clif, thanks for (trying) to keep &#039;em sane….</description>
		<content:encoded><![CDATA[<p>Clif, as always, I find it difficult to argue (and not concur) with your “rational thought and logical deduction”… and to a significant degree, I concede that its good “someone is reviewing what leaves the country” – However, I am sometimes a bit frustrated by overzealous Customs agents, that as “J” said, “have just enough information to be dangerous” (which may not include full comprehension of the law).</p>
<p>As for the comment from Mr. Carpenter that “U.S. servicemen as well as civilians lost their lives” and “To discount this dishonors their service”….   (sorry but) That gave me a chuckle..it sounds like something a politician would say to distract people &#8212; once they got “too rational” in reviewing the facts (a “logic bomb”, if you will).  Not only is that a ridiculous exaggeration (as you have adeptly articulated some key differences) but it the specific kind of political/fear mongering-rhetoric that “keeps the madness going.”  Anyway, Clif, thanks for (trying) to keep &#8216;em sane….</p>
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		<title>By: J Thompson</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20866</link>
		<dc:creator>J Thompson</dc:creator>
		<pubDate>Wed, 29 Oct 2008 13:28:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20866</guid>
		<description>I suspect I was being a bit too dry in my humor. No, the &quot;substantial military&quot; use of the sword started to fade with the English longbowmen, accelerated by the general use of gunpowder and in this day of the AH-64D Longbow is purely ceremonial. 

My point was that the &quot;any modification&quot; rule is overwhelming in its coverage and should be reined back to something more sensible. Quite honestly, in my opinion, shortened co-axial cables or a minor commercial electronic component with an extra lead wire attached and no other change is no more a reasonable munitions item than a mass produced movie replica. 

I suspect that the previous commentor is correct; this is porbably merely a case of an enthusiastic but incompletely trained Customs Agent and a shipper with a sense of humor and access to his local paper&#039;s OpEd submissions page.</description>
		<content:encoded><![CDATA[<p>I suspect I was being a bit too dry in my humor. No, the &#8220;substantial military&#8221; use of the sword started to fade with the English longbowmen, accelerated by the general use of gunpowder and in this day of the AH-64D Longbow is purely ceremonial. </p>
<p>My point was that the &#8220;any modification&#8221; rule is overwhelming in its coverage and should be reined back to something more sensible. Quite honestly, in my opinion, shortened co-axial cables or a minor commercial electronic component with an extra lead wire attached and no other change is no more a reasonable munitions item than a mass produced movie replica. </p>
<p>I suspect that the previous commentor is correct; this is porbably merely a case of an enthusiastic but incompletely trained Customs Agent and a shipper with a sense of humor and access to his local paper&#8217;s OpEd submissions page.</p>
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		<title>By: Mr. L</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20862</link>
		<dc:creator>Mr. L</dc:creator>
		<pubDate>Wed, 29 Oct 2008 02:52:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20862</guid>
		<description>Perhaps later is better than never.  Reading the string, I pause to note that machetes are controlled under ECCN 0A988, which requires a license for export of machetes to Iraq, North Korea, and Rwanda.

ECCN 0A918.b controls bayonets.

I could find no ECCN for swords - barbarian or otherwise - nor could I find a hook in the USML.</description>
		<content:encoded><![CDATA[<p>Perhaps later is better than never.  Reading the string, I pause to note that machetes are controlled under ECCN 0A988, which requires a license for export of machetes to Iraq, North Korea, and Rwanda.</p>
<p>ECCN 0A918.b controls bayonets.</p>
<p>I could find no ECCN for swords &#8211; barbarian or otherwise &#8211; nor could I find a hook in the USML.</p>
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		<title>By: Vito</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20857</link>
		<dc:creator>Vito</dc:creator>
		<pubDate>Tue, 28 Oct 2008 15:52:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20857</guid>
		<description>I believe this is just another case of a customs agent fresh from an ITAR course that thinks he/she may have just hit the jackpot with a major illegal export &quot;weapons bust&quot;!

I had a customs agent once call me to inform they intended to hold one of our EAR99, NLR exports because they recognized our &quot;...company is a defense company and therefore this shipment must be subject to ITAR.&quot;

My reaction of course was to clarify &quot;must be subject to ITAR&quot;, which luckily was resolved with some brochures and a conversation with the cutoms supervisor.

Overall, I think it is a good they are scrutinizing and &#039;questioning&quot; but our patience while customs agents learn on the job does have a limit...</description>
		<content:encoded><![CDATA[<p>I believe this is just another case of a customs agent fresh from an ITAR course that thinks he/she may have just hit the jackpot with a major illegal export &#8220;weapons bust&#8221;!</p>
<p>I had a customs agent once call me to inform they intended to hold one of our EAR99, NLR exports because they recognized our &#8220;&#8230;company is a defense company and therefore this shipment must be subject to ITAR.&#8221;</p>
<p>My reaction of course was to clarify &#8220;must be subject to ITAR&#8221;, which luckily was resolved with some brochures and a conversation with the cutoms supervisor.</p>
<p>Overall, I think it is a good they are scrutinizing and &#8216;questioning&#8221; but our patience while customs agents learn on the job does have a limit&#8230;</p>
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		<title>By: Clif Burns</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20856</link>
		<dc:creator>Clif Burns</dc:creator>
		<pubDate>Tue, 28 Oct 2008 15:19:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20856</guid>
		<description>Agreed, J, that if there is specific modification for military use one might shove a sword, albeit uncomfortably, into category XIII(f) which refers to forgings and castings.  Or, if you think, incorrectly, that swords have &quot;substantial military applicability,&#039; then perhaps the infamous Category XXI applies to specially modified swords.  But a replica of a sword that Schwarzenegger used in a movie doesn&#039;t fit any of those criteria.</description>
		<content:encoded><![CDATA[<p>Agreed, J, that if there is specific modification for military use one might shove a sword, albeit uncomfortably, into category XIII(f) which refers to forgings and castings.  Or, if you think, incorrectly, that swords have &#8220;substantial military applicability,&#8217; then perhaps the infamous Category XXI applies to specially modified swords.  But a replica of a sword that Schwarzenegger used in a movie doesn&#8217;t fit any of those criteria.</p>
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		<title>By: J Thompson</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20855</link>
		<dc:creator>J Thompson</dc:creator>
		<pubDate>Tue, 28 Oct 2008 14:14:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20855</guid>
		<description>Not to be argumentative, but... 

The Marine ceremonial sabers could be considered &quot;modified in form, fit, or function&quot; for USMC use and thus fall under the ITAR in the same way that the 1/4 inch shortened coaxial cable of CNN fame does. 

I doubt any modern military would choose to specifically design a &quot;Conan-like&quot; sword, however, so the Albion sword would still fall out of ITAR regs.

The Customs agent may have just enough information to be dangerous. I rather hope that this publicized incident promotes a little additional training.</description>
		<content:encoded><![CDATA[<p>Not to be argumentative, but&#8230; </p>
<p>The Marine ceremonial sabers could be considered &#8220;modified in form, fit, or function&#8221; for USMC use and thus fall under the ITAR in the same way that the 1/4 inch shortened coaxial cable of CNN fame does. </p>
<p>I doubt any modern military would choose to specifically design a &#8220;Conan-like&#8221; sword, however, so the Albion sword would still fall out of ITAR regs.</p>
<p>The Customs agent may have just enough information to be dangerous. I rather hope that this publicized incident promotes a little additional training.</p>
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		<title>By: Clif Burns</title>
		<link>http://www.exportlawblog.com/archives/414/comment-page-1#comment-20854</link>
		<dc:creator>Clif Burns</dc:creator>
		<pubDate>Tue, 28 Oct 2008 12:16:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=414#comment-20854</guid>
		<description>I would distinguish an executioner&#039;s tool -- which a sword was and is -- from a battlefield weapon, so I don&#039;t think my statement is inaccurate or dishonors American troops.  A rope noose is also an executioner&#039;s tool, but we don&#039;t regulate the export of rope for that reason.

I am, of course, happy that someone is reviewing what leaves the country, but they still need to abide by the law and detain only things that are export-controlled, and, at least as far as I can discern, swords aren&#039;t on the USML or the CCL.

As to the machetes in Rwanda, over three-quarters were imported from China, so U.S. controls on machetes wouldn&#039;t have had any effect.  And many also used hoes to kill their fellow Rwandans, another item that I would be loathe to subject to export control.</description>
		<content:encoded><![CDATA[<p>I would distinguish an executioner&#8217;s tool &#8212; which a sword was and is &#8212; from a battlefield weapon, so I don&#8217;t think my statement is inaccurate or dishonors American troops.  A rope noose is also an executioner&#8217;s tool, but we don&#8217;t regulate the export of rope for that reason.</p>
<p>I am, of course, happy that someone is reviewing what leaves the country, but they still need to abide by the law and detain only things that are export-controlled, and, at least as far as I can discern, swords aren&#8217;t on the USML or the CCL.</p>
<p>As to the machetes in Rwanda, over three-quarters were imported from China, so U.S. controls on machetes wouldn&#8217;t have had any effect.  And many also used hoes to kill their fellow Rwandans, another item that I would be loathe to subject to export control.</p>
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