2005 Federal Sentencing Guidelines
Chapter 2 - PART M - OFFENSES INVOLVING NATIONAL DEFENSE AND WEAPONS OF
§2M5.2. Exportation of Arms,
Munitions, or Military Equipment or Services Without Required Validated Export
(a) Base Offense Level:
(1) 26, except as provided in subdivision
(2) 14, if the offense involved only
non-fully automatic small arms (rifles, handguns, or shotguns), and the number
of weapons did not exceed ten.
Statutory Provisions: 22
U.S.C. §§ 2778, 2780.
1. Under 22 U.S.C. § 2778, the President is authorized, through a licensing
system administered by the Department of State, to control exports of defense
articles and defense services that he deems critical to a security or foreign
policy interest of the United States. The items subject to control constitute
the United States Munitions List, which is set out in 22 C.F.R. Part 121.1.
Included in this list are such things as military aircraft, helicopters, artillery,
shells, missiles, rockets, bombs, vessels of war, explosives, military and
space electronics, and certain firearms.
The base offense level assumes that the offense conduct was harmful or had
the potential to be harmful to a security or foreign policy interest of the
United States. In the unusual case where the offense conduct posed no such
risk, a downward departure may be warranted. In the case of a violation during
time of war or armed conflict, an upward departure may be warranted. See Chapter
Five, Part K (Departures).
2. In determining the sentence within the applicable guideline range, the
court may consider the degree to which the violation threatened a security
or foreign policy interest of the United States, the volume of commerce involved,
the extent of planning or sophistication, and whether there were multiple occurrences.
Where such factors are present in an extreme form, a departure from the guidelines
may be warranted.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1990 (see Appendix
C, amendment 337); November 1, 2001 (see Appendix
C, amendment 633).