Q: Why are Russian SKS 45 carbines no longer allowed to be imported into the US?

[running-man]

A: This question comes up quite often.  Prior to the dissolution of the Soviet Union in December of 1991, the import of arms made in the USSR were generally prohibited under provisions of the Arms Export Control Act (ACEA) and International Traffic in Arms Regulations (ITAR).  It’s interesting to note that ITAR was specifically created during the Cold War to unilaterally implement arms controls on Eastern Bloc countries.  After the fall and breakup of the Warsaw pact in the late 1980’s, many of those former Soviet satellite countries found themselves on their own for the first time in almost 50 years.  While former state controlled industries tried to adjust to free market conditions and keep pace, the arms industry was basically ready to start exporting surplus weaponry for cash on day 1 and began to do so as soon as they were removed from the ITAR list. 

The fall of the Soviet Union at the end of 1991 opened up new frontiers to American markets that were undreamed of during the Cold war.  ITAR was still in effect, however, and arms imports directly from certain states of the former Soviet Union (Armenia, Azerbaijan, Belarus, Georgia, Kazakstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan) were still banned.  There was money to be made, however, and it appears that third countries must have been used as holdovers to bypass ITAR as SKSs, SVT-40s and other Russian manufactured firearms began to flood the US market by early 1993.

On September 13, 1994, the Assault Weapon Ban (AWB) was enacted.  Among the many effects of this ban was that the US import market shifted fully to weapons that were still importable that did not meet the federal definition of a “semiautomatic assault weapon” such as the Russian SKS 45 imported from a non-proscribed country.

On September 15, 1995, the ITAR proscribed list was updated and Albania, Bulgaria, Kampuchea, Outer Mongolia, and Romania were removed from the list of proscribed countries, providing possible additional non-proscribed outlets for former Soviet weapons.

On April 5, 1996, the United States and the Russian Federation signed a letter of agreement, commonly called the Voluntary Restraint Agreement (VRA), that was intended to severely limit the type of ex-Soviet weapons imported into the United States.  In exchange for signing this agreement, Russia was removed from the ITAR proscribed list on April 5, 1996 and was allowed to export any firearm and surplus ammunition that was mentioned in the VRA annex A.  Georgia, Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan were removed from the proscribed list on August 12, 1996, and Ukraine was removed on September 10, 1996.  The list of items originally in the Annex were:

• Pistols/Revolvers:
  (A) German Model P08 Pistol.
  (B) IZH 34M, .22 caliber Target Pistol.
  (C) IZH 35M, .22 caliber Target Pistol.
  (D) Mauser Model 1896 Pistol.
  (E) MC-57-1 Pistol.
  (F) MC-1-5 Pistol.
  (G) Polish Vis Model 35 Pistol.
  (H) Soviet Nagant Revolver.
  (I) TOZ 35, .22 caliber Target Pistol.
• Rifles:
  (A) BARS-4 Bolt Action Carbine.
  (B) Biathlon Target Rifle, .22LR caliber.
  (C) British Enfield Rifle.
  (D) CM2, .22 caliber Target Rifle (also known as SM2, 22 caliber).
  (E) German Model 98K Rifle.
  (F) German Model G41 Rifle.
  (G) German Model G43 Rifle.
  (H) IZH-94.
  (I) LOS-7 Bolt Action Rifle.
  (J) MC-7-07.
  (K) MC-18-3.
  (L) MC-19-07.
  (M) MC-105-01.
  (N) MC-112-02.
  (O) MC-113-02.
  (P) MC-115-1.
  (Q) MC-125/127.
  (R) MC-126.
  (S) MC-128.
  (T) Saiga Rifle.
  (U) Soviet Model 38 Carbine.
  (V) Soviet Model 44 Carbine.
  (W) Soviet Model 91/30 Rifle.
  (X) TOZ 18, .22 caliber Bolt Action Rifle.
  (Y) TOZ 55.
  (Z) TOZ 78.
  (AA) Ural Target Rifle, .22LR caliber.
  (BB) VEPR Rifle.
  (CC) Winchester Model 1895, Russian Model Rifle
• Ammunition located or manufactured in Georgia, Kazakstan, Kyrgyzstan, Moldova, Russian Federation, Turkmenistan, Ukraine, or Uzbekistan, and ammunition previously manufactured in the Soviet Union, that is 7.62X25mm caliber (also known as 7.63X25mm caliber or .30 Mauser)
• A type of firearm the manufacture of which began after February 9, 1996.

As one can see, the SKS 45 is conspicuously absent from this list.  The VRA modified 27 CFR 47 to specifically say:

Notwithstanding paragraph (a) of this section, the appropriate ATF officer shall deny applications to import into the United States the following firearms and ammunition:
(1)   Any firearm located or manufactured in Georgia, Kazakstan, Kyrgyzstan, Moldova, Russian Federation, Turkmenistan, Ukraine, or Uzbekistan, and any firearm previously manufactured in the Soviet Union, that is not one of the models listed below:

On March 4, 2004, the United States and Russia agreed to amend Annex A to add 6 pistols and 68 rifles to the list:

Pistols
1.   MTs 440 Pistol
2.   MTs 57-1 Pistol
3.   MTs 59-1 Pistol
4.   MTs 1-5 Pistol
5.   TOZ-35M Starter Pistol
6.   Biathalon-7k Pistol

Rifles
1.   Sever Double Barrel
2.   Izh-18MN Single Barrel Break Action Rifle
3.   MR-251 Over/under Rifle
4.   MR-221 Double Barrel Rifle
5.   MR-141K Rifle
6.   MR-161K Rifle
7.   MTs 116-1 Rifle
8.   MTs 116M Rifle
9.   MTs 112-02 Rifle
10.   MTs 115-1 Rifle
11.   MTs 113-02 Rifle
12.   MTs 105-01 Combination Gun
13.   MTs 105-05 Combination Gun
14.   MTs 7-17 Combination Gun
15.   MTs 7-12-07 Rifle-Shotgun
16.   MTs 7-07 Rifle
17.   MTs 109-12-07 Rifle-Shotgun
18.   MTs 109-07 Rifle
19.   MTs 106-07 Combination gun
20.   MTs 19-97 Rifle
21.   MTs 19-09 Rifle
22.   MTs 18-3M Semiauto Rifle
23.   MTs 125 Semiauto Rifle
24.   MTs 126 Semiauto Rifle
25.   MTs 127 Semiauto Rifle
26.   Berkut-2 Semiauto Rifle
27.   Berkut-2Ml Semiauto Rifle
28.   Berkut-3 Semiauto Rifle
29.   Berkut-2-1 Semiauto Rifle
30.   Berkut-2M2 Semiauto Rifle
31.   Berkut-3-1 Semiauto Rifle
32.   Ots-25 Semiauto Rifle
33.   MTs 20-07 Rifle
34.   LOS-7-1 Bolt Action Sporting Rifle
35.   LOS-7-2 Bolt Action Sporting Rifle
36.   LOS-9-1 Bolt Action Sporting Rifle
37.   Sobol (Sable) Bolt Action Sporting Rifle
38.   Rekord Semiauto Rifle
39.   Bars-4-1 Bolt Action Sporting Rifle
40.   Saiga Semiauto
41.   Saiga-M Semiauto
42.   Saiga-308 / Saiga-308-1 / Saiga 308-2 Semiauto
43.   Saiga-9 Semiauto
44.   Korshun Semiauto
45.   Ural-5-1 / Ural-6-1 / Ural-6-2 Rifle
46.   SM-2 / SM-2-1 Bolt Action Target Rifle
47.   Biathalon-7-3 / Biathalon 7-4 Bolt Action Target Rifle
48.   Rekord-1 / Rekord-2 / Rekord-CISM Bolt Action Target Rifle
49.   Rekord-1-308 / Rekord -2-308 / Rekord-308 CISM Bolt Action Target Rifle
50.   Vepr Semiauto
51.   Vepr-Super Semiauto
52.   Vepr-Pioner Semiauto
53.   Vepr-Safari Semiauto
54.   TOZ 109 Semiauto
55.   KO 44-1 Semiauto
56.   TOZ 78-01 Semiauto
57.   KO 44 Semiauto
58.   TOZ 99 Semiauto
59.   TOZ 99-01 Semiauto
60.   TOZ 55-01 Zubr Double Barrel
61.   TOZ 55-02 Zubr Double Barrel
62.   TOZ 120 Zubr Double Barrel
63.   MTs 111 Double Barrel
64.   MTs 109 Double Barrel
65.   TOZ 122 Semiauto
66.   TOZ 125 Semiauto
67.   TOZ 28 Triple Barrel
68.   TOZ 300 Triple Barrel

Unfortunately, the SKS 45 was still not included in the list and so remains prohibited from import into the United States regardless of where the shipment originates.  Unless a mistake or oversight is made, Russian SKS 45 carbines will not be allowed into the country for the foreseeable future.

[Crazyone]

That just plain sucks--I was hoping that some of those stored in Ukraine/Moldova would find their way to the USA. Maybe we need to start a letter campaign to Senators to allow it, can you just imagine what gems are sitting there waiting to be uncrated??

[CARBINE]

Nice write up, thanks for the info......