How are hazardous materials shipped in a Foreign Military Sale?

FMS customers frequently purchase materiel through the DoW that is deemed hazardous by the United States Code of Federal Regulations (CFR). The U.S. Department of Transportation (USDOT) publishes U.S. Hazardous Material (HAZMAT) regulations under Title 49, Parts 100–199 of the Code of Federal Regulations (49 CFR 100-199). The USDOT strictly regulates the movement of such materiel. The USDOT defines dangerous goods (hazardous materiel) as those materials that are capable of posing an unreasonable risk to health, safety, and property when transported in commerce. Such materiel includes petroleum products, aerosols, compressed gases, paints, and cleaning compounds. These materials are identified alphabetically, by proper shipping name, in the hazardous materials Table, 49 CFR 172.101. This table covers the transportation of HAZMAT in all modes—highway, rail, water, and air. It makes no difference whether the shipment comes from a DoW or commercial shipper or whether the carrier is a contracted commercial surface or air carrier or a military carrier. It also makes no difference if the movement of the HAZMAT is strictly domestic or international. All movement of dangerous goods in commerce must comply with 49 CFR, and all commercial and DoW shippers must be certified in accordance with 49 CFR before they can approve the movement of dangerous goods.

Often, the DoW or contract shipper will not know the ultimate mode of transportation for export shipments, especially if onward transportation is arranged by a freight forwarder. When this possibility exists, the original shipper should attempt to contact down-line shippers and forwarders to determine what packaging or certification is required, because this can generally be accomplished in a more cost-effective manner if performed by the original shipper rather than by down-line shippers. It is the originating shipper’s responsibility to prepare the shipment for transportation to the ultimate destination.

Failure to adequately package and label dangerous goods, and/or failure to properly provide accurate shipping documents, results in frustrated cargo that cannot clear customs and leave the U.S. If a freight forwarder receives such a shipment, the DoW is still responsible for resolving the discrepancy. This can often be a time-consuming, costly process for both the DoW and the freight forwarder. The DoW is not exempt from paying costly fines imposed under 49 CFR for failing to comply with HAZMAT transportation regulations.

In addition to having to conform to the requirements of 49 CFR, hazardous materiel shipments must be certified to the International Maritime Dangerous Goods Code (IMDGC) if the materiel is being transported by ship. If it is being transported by either commercial cargo aircraft or passenger aircraft, it must be certified to the International Air Transport Association (IATA) Dangerous Goods Regulations or International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. If being transported by military aircraft, the shipment must be certified to the U.S. Air Force Joint Manual 24-604, Preparing Hazardous Materials for Military Air Shipments.