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GUIDANCE DOCUMENTS
Under 28 CFR 50.26, except where expressly authorized by law or as expressly incorporated into a contract, guidance documents issued by a Department component lack the force or effect of law and do not bind the public; noncompliance with voluntary standards will not, in itself, result in any enforcement action. In addition, 28 CFR 50.27 articulates processes and procedures for DOJ’s use of guidance documents, including the use of guidance documents in litigation.
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Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document Q&As: Industry Replacement of Tommy Built Tactical Model T36 Receiver
Issued March 15, 2021
Posted March 15, 2021
ID DOJ-1761081
Topic Firearms
OverviewFAQs regarding the Industry Replacement of Tommy Built Tactical Model T36 Receiver.
Component Department of Justice
Document Guidance Regarding Department of Justice Grants and Executive Order 13798
Issued January 15, 2021
Posted January 15, 2021
ID DOJ-1360476
Topic Civil Rights
OverviewThis guidance summarizes the Department’s policies on how it administers its Federal grants in compliance with Executive Order 13798, the Attorney General’s Memorandum “Federal Law Protections for Religious Liberty,” and OMB Memorandum M-20-09.
Component Diversion Control Program (DEA)
Document QA Double Blind Study
Issued October 13, 2020
Posted October 21, 2020
ID DEA-DC-048
Topic General
OverviewQuestion and Answer addressing if a Researcher registrant should complete a DEA Form 222 when participating in double-blind studies in which the exact quantity of schedule I or II controlled substances received is unknown.
Component Diversion Control Program (DEA)
Document Pharmacist Manual
Issued October 8, 2020
Posted October 8, 2020
ID DEA-DC-046
Topic General
OverviewPharmacist Manual
Component Diversion Control Program (DEA)
Document QA Black Bag Exception
Issued October 8, 2020
Posted October 20, 2020
ID DEA-DC_047
Topic General
OverviewQ&A answering whether a physician transport controlled substances and administer controlled substances at the patient’s home residence (the so-called “black bag exception”).
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document Underground Storage (Presentation)
Issued September 18, 2020
Posted September 30, 2020
ID DOJ-1382741
Topic Explosives
OverviewThis presentation provides a history of the implementation of the Safe Explosives Act, the intention of the legislation and the authority of ATF to regulate the storage of explosives, above ground or underground.
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document Fireworks (Presentation)
Issued September 18, 2020
Posted September 30, 2020
ID DOJ-1382791
Topic Explosives
OverviewThis presentation on fireworks provides an overview of the classification of explosive materials and exemptions under Part 555, storage, identifying appropriate Tables of Distances and determining if a variance to deviate from the regulations might be needed.
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document Employee Possessor (Presentation)
Issued September 18, 2020
Posted September 30, 2020
ID DOJ-1382806
Topic Explosives
OverviewThis presentation defines an Employee Possessor and provides the procedures for reporting Employee Possessors to ATF, the clearance process, and at what point an employee may possess explosives.
Component Diversion Control Program (DEA)
Document QA Pharmacy Delivery of Buprenorphine Prescription under SUPPORT Act
Issued September 18, 2020
Posted September 18, 2020
ID DEA-DC-045
Topic General
OverviewQ&A asking if a pharmacy may deliver a prescribed buprenorphine product to a practitioner for direct administration to the patient. This Q&A further explains that a pharmacy may deliver buprenorphine to the registered location of either the prescribing or the administering practitioner, and must be administered by injection or implantation only to the patient named on the prescription within 14 days after the date of receipt of the CS by the practitioner.
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document Type 3 Magazines (Presentation)
Issued September 10, 2020
Posted September 30, 2020
ID DOJ-1382756
Topic Explosives
OverviewThis presentation provides an overview of Type 3 magazine construction, reporting requirements and use intended for temporary attended storage on a worksite.
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) (Presentation)
Issued September 10, 2020
Posted September 30, 2020
ID DOJ-1382771
Topic Explosives
OverviewThis presentation details the process for requesting a variance for deviating from the explosives regulations through use of a quantitative risk assessment software tool known as ‘Institute of Makers of Explosives Safety Analysis for Risk.’
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document General Variance Requests (Presentation)
Issued September 10, 2020
Posted September 30, 2020
ID DOJ-1382781
Topic Explosives
OverviewThis presentation details when a variance to deviate from the explosives regulations may be requested, to whom they may be issued, where to direct such requests and documentation from the requestor to assist in evaluation of those requests.
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document Federal Explosives Licensing Center (FELC) (Presentation)
Issued September 10, 2020
Posted September 30, 2020
ID DOJ-1382796
Topic Explosives
OverviewThis presentation provides an overview of the FELC’s responsibilities for reviewing and processing all new applications for federal explosives licenses and/or permits as well as renewals, the background check process, and ensuring sufficiency of information received.
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document ATF Proc. 2020-1- Recordkeeping procedure for non-over-the-counter firearm sales by licensees to unlicensed in-state residents..
Issued September 3, 2020
Posted September 8, 2020
ID DOJ-1374531
Topic Firearms
OverviewThis ATF procedure gives guidance to licensees on how to complete the Firearms Transaction Record, ATF Form 4473, as revised effective May 2020, and record the sale of a firearm, when selling to an unlicensed person who a) has a valid alternate permit or otherwise is exempt from NICS requirements; b) resides in the same state as the licensee; and c) does not appear in person at the licensee's business premises. Supersedes ATF Procedure 2013-2.
Component Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Document ATF Procedure 2020-2- Recordkeeping and Background Check Procedure for Facilitation of Private Party Firearms Transfers
Issued September 2, 2020
Posted September 8, 2020
ID DOJ-1374541
Topic Firearms
OverviewThis ATF procedure is to set forth the recordkeeping and NICS procedures for federal firearms licensees (FFLs) who facilitate the transfer of firearms between private unlicensed individuals. This procedure does not apply to pawn transactions, consignment sales, or repairs. Supersedes ATF Procedure 2017-1.
Component Office of Legal Policy
Document Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Sy
Issued August 17, 2020
Posted August 17, 2020
ID OLP-1366431
Topic National Security
OverviewThis interagency Advisory – issued by the DOJ, FAA, FCC, and DHS -- is intended to help non-federal public and private entities better understand the federal laws and regulations that may apply to the use of capabilities to detect and mitigate threats posed by unmanned aircraft system operations, including provisions of federal criminal law.
Component Diversion Control Program (DEA)
Document COVID-19 QAAdministering CS in vehicle during COVID-19
Issued July 28, 2020
Posted July 28, 2020
ID DEA-DC-043
Topic General
OverviewQuestion and answer concerning DEA allowing certified health care providers to administer REMS-designated controlled substances to patients in parking lots at the health care providers DEA registered location.
Component Diversion Control Program (DEA)
Document QA Telemedicine - DEA Registration in other states
Issued July 28, 2020
Posted July 30, 2020
ID DEA-DC-044
Topic Controlled Substance Prescriptions
OverviewQuestion and Answer concerning registering with DEA and prescribing controlled substances in more than one state.
Component Diversion Control Program (DEA)
Document Civil Unrest QA, Bulk Destruction
Issued July 13, 2020
Posted July 14, 2020
ID DEA-DC-042
Topic Controlled Substance Security
OverviewQuestion and answer concerning the bulk destruction of controlled substances during the civil unrest.
Component Diversion Control Program (DEA)
Document Civil Unrest Q&A RE Transfer of Prescriptions
Issued July 6, 2020
Posted July 13, 2020
ID DEA-DC-041
Topic Controlled Substance Prescriptions
OverviewQuestion and answer concerning a pharmacists ability to dispense controlled substances during civil unrest.
Component Criminal Division, Criminal - Criminal Fraud Section
Document A Resource Guide to the U.S. Foreign Corrupt Practices Act
Issued July 3, 2020
Posted August 4, 2020
ID CRIMINAL-1315366
Topic Foreign Corruption
OverviewThe Guide addresses, among other things, who and what is covered by the FCPA's anti-bribery and accounting provisions; the definition of a "foreign official"; what constitute proper and improper gifts, travel and entertainment expenses; the nature of facilitating payments; how successor liability applies in the mergers and acquisitions context; and the hallmarks of an effective corporate compliance program.
Component Diversion Control Program (DEA)
Document Civil Unrest Q&A Destruction of Damaged C/S
Issued June 12, 2020
Posted June 23, 2020
ID DEA-DC-040
Topic Controlled Substance Security
OverviewQuestions and answer concerning pharmacys destruction of damaged controlled substances due to the civil unrest.
Component Diversion Control Program (DEA)
Document Civil Unrest Q&A Pharmacy Prescription Transfer
Issued June 10, 2020
Posted June 23, 2020
ID DEA-DC-038
Topic Controlled Substance Prescriptions
OverviewQuestion and answer concerning controlled substance prescription transfers during civil unrest.
Component Diversion Control Program (DEA)
Document Civil Unrest Q&A Pharmacy Closure (Pharmacy)
Issued June 10, 2020
Posted June 23, 2020
ID DEA-DC-039
Topic Controlled Substance Security
OverviewQuestion and answer addressing what steps  must be taken if a pharmacy is closing permanently due to the civil unrest.
Component Diversion Control Program (DEA)
Document Civil Unrest Q&A Offsite Dosing Option
Issued June 9, 2020
Posted June 10, 2020
ID DEA-DC-036
Topic General
OverviewQuestion and answer concerning off-site dosing of narcotic treatment program patients during civil unrest.
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