Export Controls: Improvements Needed in Licensing and Monitoring of Firearms
Fast Facts
Oversight helps U.S. agencies manage risks related to exporting firearms. In 2020, export oversight for most nonautomatic and semiautomatic firearms, e.g., certain rifles and pistols, was transferred from the State Department to the Commerce Department.
Since then, the value of U.S. firearms exports to resellers increased greatly, specifically in regions where imported firearms are at risk of being diverted for illegal use. To mitigate this risk, Commerce revised its export licensing policies in 2024.
But it doesn't have dedicated personnel to monitor how firearms are used in high-risk regions.
Our recommendations address these issues and more.
Examples of items transferred to Commerce Department export control jurisdiction
Highlights
What GAO Found
GAO found that the total value of U.S. commercial exports of nonautomatic and semiautomatic firearms increased since the export control jurisdiction of these firearms transferred from the Department of State to the Department of Commerce. The value rose by 7 percent, from $960 million to $1.03 billion, when comparing the 3 fiscal years before the transfer (2017–2019) with those after (2021–2023). The increase was driven by substantial increases in the value of exports to resellers, particularly to resellers in countries at high risk for firearms diversion or misuse (see fig.). In 2024, Commerce revised its licensing review processes for firearms exports to help reduce the risk of diversion or misuse.
Value of U.S. Exports of Nonautomatic and Semiautomatic Firearms, Fiscal Years 2017–2019 and 2021–2023
Note: Values are in 2023 U.S. dollars. “High-risk countries” refers to countries the Departments of State and Commerce identified in April 2024 as high risk for firearms diversion or misuse.
Commerce oversees an interagency licensing process for firearms exports that includes a review by State for U.S. foreign policy and national security concerns. However, GAO found that State's process for conducting such reviews is fragmented across different bureaus, leading to inconsistent and duplicative efforts. GAO also found that State lacks agencywide guidance for how bureaus should conduct their reviews. Establishing such guidance could help provide greater consistency in State's reviews and assurance that licensing decisions reflect U.S. foreign policy and national security interests in different countries.
Commerce's Bureau of Industry and Security (BIS) uses end-use checks to ensure that firearms exports are used as intended but lacks dedicated personnel for conducting these checks in regions at high risk for firearms diversion. As a result, BIS may rely on Commerce's International Trade Administration (ITA) to conduct end-use checks on its behalf. However, conducting end-use checks may conflict with ITA's primary duties of promoting the commercial interests of U.S. exporters. For example, ITA personnel may connect a U.S. business to a firearms distributor to promote U.S. exports and then later be asked to conduct an end-use check on that distributor, which could restrict those exports. Yet, BIS and ITA do not have guidance on how to segregate potentially conflicting duties. Without guidance, BIS lacks reasonable assurance that ITA personnel have appropriate qualifications and are conducting end-use checks impartially to help mitigate the risk of firearms diversion. Without dedicated personnel to conduct its end-use checks, BIS risks inconsistent end-use monitoring globally.
Why GAO Did This Study
The U.S. government implements an export control system to manage risks associated with exporting sensitive items while facilitating legitimate trade. In 2020, State and Commerce transferred nonautomatic and semiautomatic firearms up to .50 caliber from State's to Commerce's export control jurisdiction. The changes were part of a multi-year effort to transfer control of less sensitive items to Commerce and limit the items that State controls to those items that provide the U.S. with a critical military or intelligence advantage.
A House report includes a provision for GAO to review the authorization process for firearms exports following the transfer of jurisdiction. GAO examined (1) how U.S. exports of firearms have changed since the transfer, (2) the Commerce–led interagency export licensing process for firearms, and (3) Commerce's efforts to monitor the end use of firearms exports. GAO reviewed documents and analyzed data related to firearms licensing, exports, and end-use checks, and interviewed agency officials.
Recommendations
GAO is making 12 recommendations, including for State to develop agencywide guidance for export license reviews and for Commerce to address personnel gaps and potentially conflicting duties related to its end-use monitoring efforts. State and Commerce concurred with the recommendations.
Recommendations for Executive Action
Agency Affected | Recommendation | Status |
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Department of State | The Secretary of State should assess the department's process for reviewing export license applications for Commerce-controlled firearms and determine the feasibility of consolidating coordination authority into one bureau. (Recommendation 1) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of State | The Secretary of State should develop agencywide guidance for reviewing export license applications for Commerce-controlled firearms to ensure consistent reviews across reviewing bureaus. Such guidance should outline information relevant to the review process, including roles, responsibilities, and expectations for reviews, and should serve as a baseline from which the bureaus can develop bureau-level guidance relevant to their roles in the review process. (Recommendation 2) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of State | The Secretary of State should ensure that the Assistant Secretary of State for International Security and Nonproliferation establishes mechanisms to ensure that State's decisions to review or decline to review Commerce's export license applications include the perspective of other State bureaus that have equities in these export license applications. (Recommendation 3) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of State | The Secretary of State should ensure that the Under Secretary of State for Arms Control and International Security develops a process for sharing relevant information from DDTC's internal watch list with ISN to enhance oversight of Commerce-controlled firearms exports. (Recommendation 4) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of State | The Secretary of State should ensure that the Under Secretary of State for Arms Control and International Security develops a process to monitor and update its interagency agreement with Commerce to share watch list information to ensure that this agreement remains in effect. (Recommendation 5) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of Commerce | The Secretary of Commerce should ensure that the Under Secretary of Commerce for Industry and Security develops a process to monitor and update its interagency agreement with State to share watch list information to ensure that this agreement remains in effect. (Recommendation 6) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of Commerce | The Secretary of Commerce should ensure that the Under Secretary of Commerce for Industry and Security determines whether one or more ECOs are needed in the regions not currently within an ECO area of responsibility. If BIS determines one or more ECOs are needed but cannot create new positions, it should assess whether it can reallocate current ECOs or other resources to provide for appropriate global coverage. (Recommendation 7) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of Commerce | The Secretary of Commerce should ensure that the Under Secretary of Commerce for Industry and Security develops and implements new-hire training specific to the competencies and skills needed to perform the duties of an ECO. (Recommendation 8) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of Commerce | The Secretary of Commerce should ensure that the Under Secretaries of Commerce for Industry and Security and International Trade develop and document a formal intra-agency process for BIS to request assistance in conducting end-use checks. Such a document should clearly define personnel requirements, roles, and responsibilities. (Recommendation 9) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of Commerce | The Secretary of Commerce should ensure that the Under Secretary of Commerce for Industry and Security, in consultation with the Department of State, develop and document a formal interagency process for BIS to request assistance in conducting end-use checks. Such a document should clearly define personnel requirements, roles, and responsibilities. (Recommendation 10) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of Commerce | The Secretary of Commerce should ensure that the Under Secretaries of Commerce for Industry and Security and International Trade develop controls to address conflicting duties that may exist between BIS and ITA, as appropriate. Such controls should include developing guidance for BIS and ITA employees who assist in the duties of the other agency. (Recommendation 11) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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Department of Commerce | The Secretary of Commerce should ensure that the Under Secretary of Commerce for Industry and Security takes steps to track the data BIS needs to be able to readily assess whether end-use checks are meeting internal timeliness criteria. (Recommendation 12) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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