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Bringing a Night scope on Board


Chip AZ

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I remember once being WAY OUT at sea, hundreds of miles from any land when a small sparrow size bird showed up on the ship's fantail. I dont know where it came from but I do believe that bird was REALLY happy to see us. Not that it makes a difference but this was during the day.

 

I also remember being at sea late at night watching newbies trying to get looks at sea bats, but that's a different story altogether.

 

Derf, perhaps you experienced some of those "sea bat" nights on the GUAM

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I brought my PVS-7B night vision gen. three googles with me on cruise last year. It was on the Sapphire Princess leaving from San Francisco and returning to same port, Mexican cruise. If I were flying to destination I don't think I would have taken them, but driving to the port and not having to worry about someone questioning what they were, made the difference for me.

 

I had fun using them at night. I was up front on the bow and saw a whale right in front of the ship. Could see other ships and lots of birds. The problem was that there is so much light coming off of the ship that it was almost too much light. It was hard to find anywhere were it was completely dark, except for at the bow spot. It was actually a restricted area at night, but I tried it one time.

 

I showed many passengers and a couple crew members and they all were in shock as to how much can be seen at night. I don't think I would take them again as I was a little concerned about having them out of the country, even though I never took them off the ship.

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Night goggles.....if I was on my balcony and saw a neighbor scanning the area with night googles / night binoculars.........well..........I would assume he was up to devious behavior...........for some reason, bird watching and whale watching just would not come to mind....:)

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I brought my PVS-7B night vision gen. three googles with me on cruise last year. ........I showed many passengers and a couple crew members and they all were in shock as to how much can be seen at night. I don't think I would take them again as I was a little concerned about having them out of the country, even though I never took them off the ship.

Do you have to worry about having an export license. Even if not required, I would think bringing something like that through customs (if they discovery it) would make for some delay having a conversation with the officer about whether it was covered technology.

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Hey if you want them to start barking all you have to do is recommend wearing jeans in the dinning room on a formal night. That will wake them up every time.:D

 

By the way, when I was in college I took courses in Ornithology (the study of birds) and my professor was the one who proved birds migrated over the Gulf of Mexico by watching the birds fly past the moon at night.

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Do you have to worry about having an export license. Even if not required, I would think bringing something like that through customs (if they discovery it) would make for some delay having a conversation with the officer about whether it was covered technology.

 

Again...why...Taking out of the country for personal use is not exporting:rolleyes:

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Again...why...Taking out of the country for personal use is not exporting:rolleyes:

 

From Post #6

 

Export Regulations:

Export of night vision equipment and optical sighting equipment is controlled by the U.S. Department of State Office of Defense Trade Controls, in accordance with International Traffic in Arms (ITAR), Title 22, Code of Federal Regulations Part 120-130 and/or the Export Administration Regulations (EAR) U.S. Department of Commerce.

It is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States, for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the Department of the U.S. Government having jurisdiction.

 

I do not think they care how many....or if you say it is for personal use......it is the technology they are concerned about exporting.....and you can export it with one item.

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Then why would customs tell me it was OK? I don't get it? These things are all over the world now and they they have been around for 10 years. It's not new. As you can see on the websites there are the ones for law enforcement and the military. The general public can't buy those.

 

Just to be sure I will register it with customs.

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From Post #6

 

Export Regulations:

Export of night vision equipment and optical sighting equipment is controlled by the U.S. Department of State Office of Defense Trade Controls, in accordance with International Traffic in Arms (ITAR), Title 22, Code of Federal Regulations Part 120-130 and/or the Export Administration Regulations (EAR) U.S. Department of Commerce.

It is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States, for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the Department of the U.S. Government having jurisdiction.

 

I do not think they care how many....or if you say it is for personal use......it is the technology they are concerned about exporting.....and you can export it with one item.

 

JLC - Not going to sit and hash this point out. I work in a DoD research facility and deal with this stuff all the time. The OP can take his personal item for his personal use does not constitute exporting.

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Then why would customs tell me it was OK? I don't get it? These things are all over the world now and they they have been around for 10 years. It's not new. As you can see on the websites there are the ones for law enforcement and the military. The general public can't buy those.

 

Just to be sure I will register it with customs.

My post was not to state whether it is legal to export product "A". If customs says that model is acceptable then it is OK.

 

The post referenced the technology being exported. It is possible the the item (whatever it is) incorporates some technology that can not be exported...my quote from Post #6.

 

If you take an item out of the country with technology that is restricted....... that is the problem........personal use has no bearing if the technology is restricted from export.

 

So pertaining to a night scope, night binoculars or whatever......I would be absolutely certain there is not restricted technology........because.......you could end up surrendering it to a customs agent that thinks differently.......or spending time with the agent to prove it is legal.

 

Customs Agents can be like IRS Agents........each with a different reaction to an item and each with a different interpretation of how easily they will allow the item into the country........which can also translate into possible punishment of the person taking it out.

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I am pretty sure that taking something out of the country with the intent of bringing it back with you is not exporting. Taking something out of the country with the intent of leaving it someplace out of the country is exporting.

 

If the OP is taking his scope on the cruise and is not planning on leaving it someplace, he is not exporting.

 

I am also pretty sure that US Customs could care less what you are bringing back into the country provided it is not restricted from being imported into the US. Items that are bought in the US (like the nightscope) would certainly fall into that category.

 

Now if that nightscope was packed with Cuban cigars, then you might have a problem.....

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I am pretty sure that taking something out of the country with the intent of bringing it back with you is not exporting. Taking something out of the country with the intent of leaving it someplace out of the country is exporting. If the OP is taking his scope on the cruise and is not planning on leaving it someplace, he is not exporting.

 

I am also pretty sure that US Customs could care less what you are bringing back into the country provided it is not restricted from being imported into the US. Items that are bought in the US (like the nightscope) would certainly fall into that category. ....

First let me say, it never was my intent to declare that the OP’s binoculars were covered under US Export Laws. I merely raised the fact, given they are fairly sophisticated, they may raise a question in a customs officer’s mind to determine if they are subject to the Export Laws.

The fact someone takes covered technology out of the country for personal or business use, with no intent to sell (or leave outside the country), has nothing to do with such an act not being considered an export. I work in the DoD industry and we are instructed often on these issues.

For instance, the transporting of your own laptop computer for your own personnel or business use, that is loaded with something like encryption software covered by the export laws, constitutes an export. The laws have nothing to do with intent to sell. An email disclosing covered technology can be considered an export.

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I still fail to see the relevance of export restrictions as it pertains to the OP clearing customs on his re-entry to the US following his cruise.

 

In my experience re-entry customs is concerned about making sure the returning person is a US citizen or other person allowed to enter and that the person is not IMPORTING any restricted items.

 

I do not recall anywhere on any form ever seeing anything asking if I am bringing anything back into the country that I was not suppose to export.

 

I think all these warnings to the OP to be careful are overblown. I know this post may sound a little confrontational. It is not my intent to be that way, I just think that people are over-complicating a pretty simple thing.

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I think all these warnings to the OP to be careful are overblown. I know this post may sound a little confrontational. It is not my intent to be that way, I just think that people are over-complicating a pretty simple thing.

 

Exactly. Until I read this thread I'd never considered bringing any sort of night vision device onboard. Now I need to figure out if I should bring my AN/PVS 7's or if I should by a civilian model instead.

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I still fail to see the relevance of export restrictions as it pertains to the OP clearing customs on his re-entry to the US following his cruise...........I think all these warnings to the OP to be careful are overblown. I know this post may sound a little confrontational. It is not my intent to be that way, I just think that people are over-complicating a pretty simple thing.

 

So...Let's re-read the OP's post...

 

I have a third generation night scope. The kind that the military uses which turns night into day. It would be great for standing on your balcony at night and looking out at the sea. I have heard that it is illegal to takes these outside of the US. The penalties are severe if customs catches you bringing yours home. Does anyone know anything about this?

So where will he be concerned about running afowl of the law.??

 

I was mearly making him aware of export laws which could pertain. But you seem to feel they are unimportant or do not pertain. :confused:

 

The OP obviously did with his question.

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Having worked in the night vision industry (no further details, as this work was classified), I can tell you the military is very serious about parts and designs falling into the wrong hands.

 

With a GEN 3 scope it would be wise to check with customs and get the device registered as Chip AZ is doing.

 

We sure could have used such a device at night during an Alaska cruise to continue whale watching after dusk.

 

We were also advised before some of our initial cruises to get our foreign made camera registered (note made for inclusion on passport) so that we would not be charged duty for importing cameras. Customs has never referred to this, but I am sure a night scope or goggles would raise some eyebrows going through security scans. Better safe than sorry - register these types of devices.

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Guilty plea in conspiracy to export night-vision goggles

from

http://seattlepi.nwsource.com/local/251083_guilty07.html?source=rss

 

conspiring to export night-vision goggles intended for use by fighter pilots to a contact in Taiwan, believed to be an agent of China.

And this is the operative point.

Spoke with customs, faxed them the specks and the receipt. As long as they're not being sold (which they're not) and as long as I can provide proof that I didn't steal them (which I did - receipt of sale)...No problemo even though it is a military techno-goodie :D

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