There are people beyond the immediate MV community who care about this
issue, some of whom have a great deal of experience in Washington (but
remain decent people). I am part of another (more informal) mailing list
whereon this subject also has currency.
I'm cpoying here some observations made by a contributor FWIW:
> As noted before, EOs concern me greatly. The greatest defenses we have
are vigilance, the ballot box, and the inter-branch balance power checks
provided by the congress and the courts.
>
>Here is my research point: laws typically say: ... "the President
shall..." These laws are then reformatted into topically organized US Code
(USC). It's not until you get to the derivative regulations -- the Code of
Federal Regulations (CFRs) that you find the actual things that the federal
government enforces. Which subordinate organization enforces it, lists of
regulated items, specific penalties, etc, are to be found at this echelon.
So, knowing just the law that is the basis for regulations is not detail enough.
>
>There are a few sayings that pertain: "RTFM" (Read The Fantastic Manual),
and "know thine enemy." In both instances, I aver that more complete
knowledge is the basis for informed action.
>
>In this particular instance, a few minutes surfing the web reveal these
tidbits:
>
>http://www4.law.cornell.edu/uscode/22/2778.html: Cornell site with USC.
The Arms Export Control Act (AECA) is under Title 22 of the USC, with
relevant info starting around section 2778 (aka 22 USC 2778). Title 22
pertains to "Foreign Relations & Intercourse," that appears to be the DOS
tie-in. Chapter 39 is arms export control.
>
>http://www4.law.cornell.edu/cfr/22p120.htm#start: Cornell CFR site,
relevant info is in 22 CFR (titles do not always branch over from USC to CFR
with same number). An excerpt:
>
>"Sec. 120.1 General authorities and eligibility.
>
> (a) Section 38 of the Arms Export Control Act (22 U.S.C. 2778)
authorizes the President to control the export and import of defense
articles and defense services. The statutory authority of the President
>to promulgate regulations with respect to exports of defense articles and
defense services was delegated to the Secretary of State by Executive Order
11958, as amended (42 FR 4311). This subchapter implements that authority.
By virtue of delegations of authority by the
>Secretary of State, these regulations are primarily administered by the
Director of the Office of Defense Trade Controls, Bureau of
Politico-Military Affairs, Department of State."
>
>All the references I found pertain to firearms and ammunition. Perhaps the
gentleman who was denied importation of armored car parts could elaborate on
the circumstances: who told him it was illegal, and what authority was
cited? The departments have attorneys who research these things. If you
have written to the department that denied your request, surely they cited
some authority and designated a point of contact, with a phone number? They
must explain themselves. Please pass on the answers.
With different people working from different perspectives, we may get some
answers, at least.
Steve Allen
===
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