Matthew A. Goldstein, PLLC v. DOS, No. 16-5034 (D.C. Cir. 2017)
Annotate this CaseDOS regulates international arms brokering under the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR), 22 U.S.C. 2778(a)(1). Pursuant to section 2778(b)(1)(A)(i), those who manufacture, import, or export these defense articles are required to register with the U.S. government. The Act also required that those seeking to finance, transport, or assist in the manufacturing, export, or import of defense articles—i.e., brokers—register with the State Department and obtain departmental approval before engaging in brokering activities. Part 129 of the ITAR governs these brokers. Plaintiff, a law firm, specializes in providing legal advice to clients involved in transactions subject to the ITAR. In 2013, the State Department promulgated a regulation explicitly excluding legal services from the ITAR's definition of brokering activities. Plaintiff filed suit alleging that the State Department lacked constitutional and statutory authority to apply Part 129 to bona fide legal advice and seeking declaratory and injunctive relief to prevent the Department from requiring the firm to register as a broker. The district court dismissed the suit based on lack of standing. The court affirmed, concluding that plaintiff faced no credible threat of enforcement and therefore lacked the injury in fact necessary for Article III standing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.