# In the United States Court of Federal Claims

No. 14-354 C

Filed: May 8, 2014

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SPACE EXPLORATION TECHNOLOGIES *

CORP., *

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Plaintiff, *

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v. *

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THE UNITED STATES, *

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Defendant, *

and *

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UNITED LAUNCH SERVICES, LLC, *

*

Defendant-Intervenor. *

*

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ORDER DISSOLVING PRELI MINARY INJUNCTION

On April 30, 2014, the court issu ed a Preliminary Injunction, pursuant to Rule 65 of the

Rules of the United States Court of Federal Claims, that prohibited:

The United States Air Force and United Launch Services, LLC (“ULS”), a

majority owned subsidiary of United Launch Alliance, LLC (“ULA”), and

affiliates thereof, . . . from making any purchases from or payment of money to

NPO Energomash or any entity, whether governmental, corporat e or individual,

that is subject to the control of Deputy Prime Mini ster Rogozin, unless and until

the court receives the opinion of the Unite d States Department of the Treasury,

and the United States Department of Co mmerce and United States Department of

State, that any such purchases or paym ents will not direct ly or indirectly

contravene Executive Order 13,661.

Order Issuing Preliminary Injunction, Space Exploration Technologies Corp. v. United

States , No. 14-354 (Fed. Cl. Apr. 30, 2014), ECF No. 10 (footnote omitted).

On May 6, 2014, the Government filed a Mo tion To Dissolve Preliminary Injunction,

together with: (1) a May 6, 2014 letter from Brad ley T. Smith, Chief Counsel (Foreign Assets

Control), Office of the General C ounsel, United States Department of the Treasury (“Ex. A”); (2)

a May 6, 2014 letter from Eileen Albanese, Di rector, Office of Na tional Security and

Technology Transfer Controls, United States Depa rtment of Commerce (“Ex. B”); and (3) a May2 6, 2014 letter from Mary E. McLeod, Principal De puty Legal Adviser, United States Department

of State (“Ex. C”).

These letters collectively explain that, “to the best of [the relevant Department’s]

knowledge, purchases from and payments to NPO Energomash currently do not directly or

indirectly contravene Executiv e Order 13,661.” Ex. A at 2; Ex. C at 2 (same); Ex. B at 1

(explaining that the United Stat es Department of Commerce “def ers to the Departments of the

Treasury and State regarding whether . . . Deput y Prime Minister Rogozin . . . controls NPO

Energomash and if so whether that cont rol contravenes Executive Order 13,661”).

On May 6, 2014, Defendant-Interv enor filed a Response to the Government’s May 6,

2014 Motion To Dissolve Preliminary Injunction, stating that “United Launch Services, LLC

joins in the motion filed by the United States, and respectfully requests that the [c]ourt

expeditiously dissolve the April 30, 2014 [P]r eliminary [I]njunction.” ULS Resp. 1.

On May 7, 2014, Plaintiff filed a Respons e opposing the Government’s Motion To

Dissolve Preliminary Injunction. Also on May 7, 2014, Defendant-Interve nor filed a Reply.

On May 8, 2014, the court convened a hear ing with the parties to discuss the

Government’s Motion To Dissolve Preliminary In junction. That same day, the Government

provided the court with an update d version of the letter from Bradley T. Smith, Chief Counsel

(Foreign Assets Control), Office of the Genera l Counsel, United States Department of the

Treasury (“Ex. D”).

Based on the representations made in the May 6 and May 8, 2014 letters by the United

States Department of the Treasury, the United St ates Department of Commerce, and the United

States Department of State, th e court hereby dissolves the Apr il 30, 2014 Preliminary Injunction.

If the Government receives any indication, however , that purchases from or payment of money

to NPO Energomash by ULS, ULA, or the United States Air Force will directly or indirectly

contravene Executive Order 13,661, the Government will inform the court immediately.

IT IS SO ORDERED

. s/ Susan G. Braden

SUSAN G. BRADEN

Judge

# Exhibit ACase 1:14-cv-00354-SGB Document 18-1 Filed 05/06/14 Page 3 of 8Case 1:14-cv-00354-SGB Document 18-1 Filed 05/06/14 Page 4 of 8

# Exhibit BCase 1:14-cv-00354-SGB Document 18-1 Filed 05/06/14 Page 5 of 8Case 1:14-cv-00354-SGB Document 18-1 Filed 05/06/14 Page 6 of 8

# Exhibit CCase 1:14-cv-00354-SGB Document 18-1 Filed 05/06/14 Page 7 of 8Case 1:14-cv-00354-SGB Document 18-1 Filed 05/06/14 Page 8 of 8

# Exhibit DCase 1:14-cv-00354-SGB Document 27-1 Filed 05/08/14 Page 1 of 2Case 1:14-cv-00354-SGB Document 27-1 Filed 05/08/14 Page 2 of 2