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Defense Distributed v. U.S. Dep't. of State Attachment B To Defendants' Renewed Motion To Dismiss
Defense Distributed v. U.S. Dep't. of State Attachment B To Defendants' Renewed Motion To Dismiss
Attachment B
(Exhibit 7 to Plaintiffs Motion for Preliminary Injunction,
ECF No. 8-2, pp. 27-39)
July 1, 1981
M EM O R A N D U M OPIN IO N FO R T H E O F F IC E O F M UNITIONS
CONTROL, D E PA R T M E N T O F STA TE
T he views of this Office have been requested concerning the consti
tutionality o f a proposed revision of the technical data provisions of
the International Traffic in Arms Regulations (ITAR). 45 Fed. Reg.
83,970 (Decem ber 19, 1980). On the basis of the analysis set forth
below, we conclude that from a constitutional standpoint, the revised
IT A R is a significant improvement over the prior version, but that even
as revised, it can have a number of unconstitutional applications. We
recommend that the proposed revision be modified to minimize or
eliminate the number of impermissible applications. Our views are set
forth in more detail below.
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heodore
B. O l s o n
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