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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
The Bureau of Industry and Security BIS is publishing this notification to the public concerning the transfer of jurisdiction of certain software and technology as a result of action by the Court of Appeals for the Ninth Circuit vacating a March 6, 2020
preliminary injunction by the district court in Washington v. U.S. Dept of State, No. 2035391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 9th Cir.
Apr. 27, 2021. Pursuant to that decision, issued on April 27, 2021, the mandate of the Ninth Circuit was issued on May 26, 2021 and district courts injunction was vacated. This notice also includes guidance to persons with technology or software that was previously retained on the U.S.
Munitions List USML and controlled under the International Traffic in Arms Regulations ITAR pursuant to the March 6 district court order, but which is now subject to the jurisdiction of the Export Administration Regulations EAR.
DATES: The district court injunction of March 6, 2020 was vacated on May 26, 2021. As of May 26, 2021, the technology and software that meets the criteria in section 734.7c is subject to the EAR and is no longer controlled under the ITAR.
FOR FURTHER INFORMATION CONTACT:
Steven Clagett, Office of Nonproliferation Controls and Treaty Compliance, Nuclear and Missile Technology Controls Division, tel. 202
4821641 or email steven.clagett@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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Court Order of March 6, 2020
On March 6, 2020, the U.S. District Court for the Western District of Washington issued an order preliminarily enjoining the U.S.
Department of State from implementing or enforcing the final rule 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. Washington v. U.S. Dept of State Case No. 2:20cv00111RAJ.
Court Order of March 6, 2020 Vacated by Ninth Circuit Decision Issued on April 27, 2021
On April 27, 2021, a panel of the United States Court of Appeals for the Ninth Circuit Case No. 2035391
issued a decision that vacated the district courts order enjoining the
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Department of States Final Rule removing 3D-printed guns and their associated files from the USML;
however, the preliminary injunction remained in effect until the mandate of the Ninth Circuit for this decision was issued on May 26, 2021. Until the entry of the mandate, 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 were required to treat such technical data and software as listed on the USML
and controlled by the ITAR.
On May 26, 2021, the mandate of the Ninth Circuit was issued, and the entirety of the Department of States final rule published in the Federal Register at 85 FR 3819 went into effect.
As a result of the vacatur of the injunction, any request for licenses of technology and software that fall under the U.S. Department of Commerce regulations, 15 CFR 732.2b and 734.7c added by the Commerce January 23, 2020 rule, entitled Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the USML; 85 FR 4136, Jan. 23, 2020, should be directed to the U.S.
Department of Commerce because this technology and software are subject to the Export Administration Regulations EAR.
BIS strongly encourages any person with technology or software that may meet the criteria in section 734.7c of the EAR to review those provisions in the Commerce January 23, 2020 rule closely, as well as all other applicable EAR provisions. In anticipation of the dismissal of the case, BIS updated Frequently Asked Questions FAQs posted on the BIS website to add twelve FAQs to assist public understanding of section 734.7c, including addressing application questions. These FAQs are available on the BIS website at https
www.bis.doc.gov/index.php/documents/
policy-guidance/2572-faqs-for-thecommerce-category-i-iii-firearms-ruleposted-on-bis-website-7-7-20/file. For instance, those FAQs make clear that a BIS license is required prior to posting on the internet of any file, including any CAD file, that can be processed by a software program into an electronic format, such as a CAM file, with no or minimal additional information or manipulation from the operators, and that . . . once converted will be in an executable code for the production of a firearm frame or receiver or complete firearm.

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BIS also strongly encourages any person with questions regarding section 734.7c, which they believe are not addressed sufficiently in the FAQs on the BIS website, to contact BIS for additional guidance. See the BIS contact information under the For Further Information Contact section of this notice. In addition, if a person is unsure whether the criteria of section 734.7c are met, including whether the technology or software is ready for insertion into a computer numerically controlled machine tool, additive manufacturing equipment, or any other equipment, persons with such technology or software can submit an official classification request to BIS
using the free online submission system, called SNAPR, available on the BIS
website, to receive an official classification of the technology or software. For additional information on SNAPR, see https
www.bis.doc.gov/index.php/licensing/
simplified-network-application-processredesign-snap-r/getting-started-withsnap-r. The person submitting the official classification should note in the classification request that the classification is being submitted to determine whether the technology or software meets the criteria in section 734.7c.
Matthew S. Borman, Deputy Assistant Secretary for Export Administration.
FR Doc. 202111585 Filed 52721; 4:15 pm BILLING CODE 351033P

DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Part 744
Docket No. 2105140106
RIN 0694AI49

Addition of Entities, Revision of Entries, and Removal of Entity From the Entity List; and Revision of Entry and Removal of Entity From the Military End-User List MEU
Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:

In this rule, the Bureau of Industry and Security BIS amends the Export Administration Regulations EAR by adding eight entities to the Entity List. These eight entities have been determined by the U.S.
Government to be acting contrary to the national security or foreign policy interests of the United States. These
SUMMARY:

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