[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Rules and Regulations]
[Pages 18445-18446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05933]


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DEPARTMENT OF STATE

22 CFR Parts 121, 123, 124, 126, and 129

[Public Notice 11078]


International Traffic in Arms Regulations: U.S. Munitions List 
Categories; Preliminary Injunction Ordered by a Federal District Court

AGENCY: Department of State.

ACTION: Notification of preliminary injunction.

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SUMMARY: The U.S. Department of State (the Department) is issuing this 
document to inform the public of a preliminary injunction ordered by a 
Federal district court on March 6, 2020, affecting the Department.

DATES: The court order was effective March 6, 2020.

FOR FURTHER INFORMATION CONTACT: For technical questions only: Sarah 
Heidema, Office of Defense Trade Controls Policy, Department of State, 
telephone (202) 663-2809; email [email protected].

SUPPLEMENTARY INFORMATION: On January 23, 2020, the Department 
published a final rule in the Federal Register at 85 FR 3819 that 
amends the International Traffic in Arms Regulations (ITAR) to revise 
Categories I, II, and III of the U.S. Munitions List (USML) and removes 
certain items that no longer warrant control. On the same date, the 
Department of Commerce published a companion final rule in the Federal 
Register at 85 FR 4136 that makes conforming changes to the Export 
Administration Regulations (EAR) to control the items removed from the 
USML. The final rules were to be effective March 9, 2020.
    On January 23, 2020, several U.S. States filed a lawsuit in the 
United States District Court for the Western District of Washington 
(Civil Action No. 2:20-cv-00111) seeking a court order to prohibit the 
Departments of State and Commerce from implementing or enforcing the 
final rules described

[[Page 18446]]

above. Plaintiff States subsequently filed a motion for a preliminary 
injunction.
    On March 6, 2020, the District Court issued an ``Order Granting in 
Part Plaintiff States' Motion for Preliminary Injunction.'' This order 
states that the Department of State is enjoined ``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.''
    The Department of State is complying with the terms of this 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 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 (pmddtc.state.gov) on an ongoing 
basis.

Michael F. Miller,
Deputy Assistant Secretary of State for Defense Trade Controls.
[FR Doc. 2020-05933 Filed 4-1-20; 8:45 am]
BILLING CODE 4710-25-P