Government Contracts District Court Enjoins Part of Final ITAR Rule
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Friday, May 1, 2020

District Court Enjoins Part of Final ITAR Rule

By Government Contracts Editorial Staff

The District Court for the Western District of Washington has issued a preliminary injunction enjoining the Department of State from implementing or enforcing a January 23, 2020, final rule amending the International Traffic in Arms Regulations “insofar as it alters the status quo restrictions on technical data and software directly related to the production of firearms or firearm parts using a 3D-printer or similar equipment.” The rule (¶70,445.129) revised U.S. Munitions List Categories I (firearms, close assault weapons and combat shotguns), II (guns and armament), and III (ammunition and ordnance) to describe more precisely the articles that provide a critical military or intelligence advantage or, in the case of weapons, perform an inherently military function and thus warrant export and temporary import control on the USML. A companion rule issued by the Bureau of Industry and Security (¶72,750.467) made conforming changes to the Export Administration Regulations to control the items removed from the USML.

Subject to USML. The Department of State is complying with the court’s March 6, 2020, order. Accordingly, all persons engaged in manufacturing, exporting, temporarily importing, brokering, or furnishing defense services related to “technical data and software directly related to the production of firearms or firearm parts using a 3D-printer or similar equipment” must continue to treat such technical data and software as subject to USML control. All other items addressed in the final rules were transferred from the jurisdiction of the Department and the USML to the Department of Commerce and the Commerce Control List on March 9, 2020. For the text of the notice, see 85 FR 18445.

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