On April 2, 2020, the Bureau of Industry and Security published in the Federal Register a notification of a court order to alert the public of the BIS’s interim measures with respect to a court order issued on March 6, 2020. On March 6, 2020, the US District Court (WD Wash.) issued an order enjoining the US Department of State from implementing or enforcing the regulation entitled International Traffic In Arms Regulations: U.S. Munitions List Categories I, II, and III, 85 FR 3819 (Jan. 23, 2020) ‘‘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.’’ (Case No. 2:20–cv–00111– RAJ). The Commerce and State final rules were to be effective March 9, 2020.
As a result, any request for licenses of items that would otherwise fall under the US Department of Commerce regulation, 15 CFR 732.2(b) and 734.7(c) (added by the final rule, entitled, Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); 85 FR 4136, Jan. 23, 2020), should instead be directed to the US Department of State.
On the same date, the Department of State published in the Federal Register a companion notification of preliminary injunction [Public Note: 11078], which indicated that State is complying with the terms of the order. 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 control on the USML. All other items addressed in the final rules were transferred from the jurisdiction of the State Department and the USML to the Department of Commerce and the Commerce Control List (CCL) on March 9, 2020. Any further guidance and updates regarding the subject litigation will be posted on the DDTC website (https://pmddtc.state.gov) on an ongoing basis.
