Key Takeaway: ATF’s latest final rule closes a regulatory gap left by the Export Control Reform (“ECR”) initiative, acknowledging that the Department of Commerce now shares jurisdiction alongside the Department of State over items on ATF’s United States Munitions Import List (“USMIL”).

On May 6, 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) published a final confirmatory rule updating its regulations to reflect changes stemming from the ECR initiative. The rule adds references to the U.S. Department of Commerce (“Commerce”) alongside existing references to the U.S. Department of State (“State”), acknowledging what has been true for several years: both agencies share jurisdiction over defense articles on ATF’s USMIL.

A central component of ECR was the transfer of certain items from Categories I–III of the U.S. Munitions List (“USML”) to the Commerce Control List (“CCL”), administered by Commerce’s Bureau of Industry and Security (“BIS”). As a result, beginning in March 2020, State and Commerce divided export and temporary import jurisdiction over items that also appear on ATF’s USMIL.

Background:  The Arms Export Control Act (“AECA”) authorizes State to regulate the export and temporary import of defense articles through the International Traffic in Arms Regulations (“ITAR”), 22 CFR Parts 120–130, with controlled items enumerated on the USML. The AECA separately grants ATF the authority to regulate the permanent import of defense articles, which ATF administers through the USMIL, 27 CFR Part 447.

Beginning in 2009, the ECR initiative sought to transfer less sensitive items from the USML to the CCL under the Export Administration Regulations (“EAR”). In March 2020, USML Categories I–III–covering Firearms, Guns and Armament, and Ammunition–were transferred to the CCL for export control purposes. These items, however, remained on the USMIL and subject to ATF’s permanent import regulations. ATF’s regulations had not been updated to reflect this restructured framework, referencing only State’s authority under the ITAR–a gap this final rule now closes.

Scope of ATF’s Final Rule: The rule amends key provisions in 27 CFR Part 447 to add references to Commerce alongside State. First, the articles-in-transit provision at § 447.46 now reflects that temporary import and export transactions involving USMIL articles may fall under the jurisdiction of either agency. Second, at §§ 447.53(a)(3) and 447.53(b), the rule clarifies that articles temporarily imported under a valid authorization from either State or Commerce are exempt from ATF’s permanent import permit requirements.

Importers of firearms, ammunition, and related articles on the USMIL should ensure that their compliance programs account for authorizations from both State under the ITAR and Commerce under the EAR when seeking exemptions from ATF’s permanent import permit requirements.

Crowell will continue to monitor rulemakings related to AECA defense articles and their impact on industry.