Transfer of 3D-Printed Guns to Commerce Officially Takes Effect

Export controls over 3D-printed guns were moved from the Commerce Department to the State Department following a court’s decision this week to officially waive a preliminary injunction that had blocked the transfer (see 2105030021).

The May 26 court decision allowed the January 2020 final rule (see 2001170030) over the transfer of gun export controls to take “full effect,” the State Department said in a May 27 notice. Commerce’s Bureau of Industry and Security said 3D-printed guns will now be controlled under the Export Administration Regulations instead of the State Department’s International Traffic in Arms Regulations. BIS said the transfer officially took effect May 26.

BIS urged all exporters that ship technology or software that are captured by the transfer to review the agency’s original January 2020 rule and the EAR “closely” to determine their licensing obligations. The agency also pointed to its recently updated guidance on the transfer of controls and stressed that licenses are required before posting certain files online that can be used to produce “a firearm frame or receiver or complete firearm.” Exporters with questions about the transfer should reach out directly to the agency, and they can also submit classification requests if they are unsure if an item is controlled under the EAR.