The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is responsible for implementing U.S. laws regarding the regulation of explosives in order to reduce the hazards to persons and property arising from the misuse of explosive materials. The list of explosive materials includes explosives, blasting agents, water gels, detonators, and all other items on the "List of Explosive Materials" found at www.atf.treas.gov/forms/notices/04-7020.pdf. ATF Regulations generally require domestic manufacturers of explosive materials to mark all explosive materials manufactured for sale or distribution, but foreign-origin explosive materials have been allowed to enter the domestic market without any corresponding markings.

ATF requires that each person intending to engage in business as an importer of explosive materials obtain an ATF-issued license. The license application requirements vary depending on the materials being imported and the frequency of the imports, but generally require the payment of a fee; the name, photo identification, and fingerprints of each person who will be responsible for the explosives; and the name and identifying information of each person who will be authorized by the responsible persons to possess the explosives.

Despite these rigid restrictions on importers of explosive materials, ATF marking requirements have not historically applied to imported explosives, because ATF does not have jurisdiction over foreign manufacturers of explosive materials. For this reason, and in order to ensure that imported explosive materials can be effectively traced for criminal enforcement purposes, on May 27, 2005, ATF issued a final rule imposing marking requirements on licensed importers for all explosive materials that they import for sale, distribution, or for their own use. This rule, effective July 26, 2005, imposes marking requirements on explosive materials which are substantially similar to those currently imposed on domestic manufacturers. These marking requirements are summarized as follows:

  • Importer and Manufacturer Information: Licensed importers must place the following marks of identification on the explosive materials they import: (1) the name and address (city and state) of the importer; (2) the location (city and country) where the explosive materials were manufactured; and (3) the date and shift of manufacture.
  • Location of Marks: Licensed importers must place the required marks on each cartridge, bag, or other immediate container of explosive materials that is imported, as well as on any outside container used for their packaging.
  • Coding System Option: Licensed importers may request permission to use a coding system and omit printed markings on the container by filing a letterhead application with ATF, displaying the coding that they plan to use and explaining the manner of its application.
  • Deadline to Place Marks: Licensed importers must place the required marks on all explosive materials imported prior to distribution or shipment for use, and in no event later than 15 days after the date of release from Customs custody.
  • Exceptions: Licensed importers are only required to place such identification marks on the containers used for the packaging of blasting caps, and may request approval from ATF to use other reasonable means of identifying explosive materials.

Failure to comply with these marking requirements may result in monetary fines by ATF, as well as the seizure or forfeiture of the explosive materials. In addition, these requirements specifically do not apply to the use of explosive materials in medicines and medicinal agents; the transportation, shipment, receipt, or importation of explosive materials for delivery to the federal government or any state government; small arms ammunition and components of small arms ammunition; the importation, distribution, and storage of consumer fireworks; gasoline, fertilizers, propellant actuated devices, or propellant actuated industrial tools manufactured, imported, or distributed for their intended purposes; and industrial and laboratory chemicals that are intended for use as reagents and packaged and shipped pursuant to U.S. Department of Transportation regulations which do not require explosives hazard warning labels. All other parties will have less than one month to shift their internal systems to ensure that their imported explosive materials are properly marked under this new regulation.

This article is presented for informational purposes only and is not intended to constitute legal advice.