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Export Control Change Suspended for 3-D Printed Firearm Data and Software

Monday, March 16, 2020
Sandler, Travis & Rosenberg Trade Report

The State Department’s Directorate of Defense Trade Controls has announced that technical data and software directly related to the production of firearms and firearm parts using a 3-D printer or similar equipment will remain on the U.S. Munitions List pursuant to a federal court decision.

These items had been scheduled to transition from the USML to the Commerce Control List as of March 9 under final rules issued by DDTC and the Bureau of Industry and Security. However, several U.S. states filed a lawsuit seeking a court order to prohibit the implementation or enforcement of these rules. On March 6, the court issued an order enjoining the DDTC rule with respect to the technical data and software referenced above.

As a result, persons engaging in activities controlled under the International Traffic in Arms Regulations related to such items must continue to comply with all ITAR requirements. All other items subject to the final rules, which covered firearms, ammunition, and related items in categories I, II, and III of the USML, are unaffected by this announcement.

For more information, please contact export attorney Kristine Pirnia.

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