A license exception under the EAR is an authorization that allows you to export or reexport an item under specific conditions that would otherwise require an export license. (see Part 740 of the EAR)
Examples and brief descriptions of some export license exceptions under the EAR:
(Note: we must check the specific requirements and limitations of each license exception before using them, and verify that our specific situation meets each of the required elements):
- §740.14 BAGGAGE (BAG) – Generally, this License exception authorizes individuals leaving the United States either temporarily (i.e., traveling) or longer-term (i.e., moving) to take to their destination, as personal baggage, the classes of commodities, software and technology described in this section.
- E.g. personal effects; household items; vehicles; tools of the trade. And, the items must be: (1) owned by the individuals (or by members of their immediate families); (2) intended for and necessary and appropriate for the use of the individuals or members of their immediate families traveling with them; (3) not intended for sale or other disposal
- BAG would cover your personal computer
- E.g. personal effects; household items; vehicles; tools of the trade. And, the items must be: (1) owned by the individuals (or by members of their immediate families); (2) intended for and necessary and appropriate for the use of the individuals or members of their immediate families traveling with them; (3) not intended for sale or other disposal
- §740.9 TEMPORARY IMPORTS, EXPORTS, REEXPORTS, AND TRANSFERS (IN-COUNTRY) (TMP) – Authorizes exports of items for temporary use abroad subject to specific requirements and limitations.
- E.g. Tools of the trade. Requirements/limitations include:
- The tools of trade must remain under the “effective control” of the exporter;
- Eligible items are usual and reasonable kinds and quantities of tools of trade for use in a lawful enterprise or undertaking of the exporter;
- if not consumed or destroyed in the normal course of authorized temporary use abroad, all items must be returned to the United States as soon as practicable, but no later than one (1) year after the date of export
- TMP would cover a University computer
(Note: there are several license exceptions within TMP. Tools of the trade is just one of them)
- §740.13 TECHNOLOGY AND SOFTWARE UNRESTRICTED (TSU) – Amongst several other license exceptions within TSU, TSU authorizes the release of technology and source code in the United States by U.S. universities to their bona fide and full time regular employees.
- U.S. university bona fide and full time regular employee license exception.
- Authorizes the release in the United States of “technology” and source code that is subject to the EAR by U.S. universities to foreign nationals who are their bona fide and full time regular employees.
- This license exception is only available if:
- The employee’s permanent residence throughout the period of employment is in the U.S.;
- The employee is not a national of a destination listed in Country Group D:5 (see Supplement No. 1 to part 740 of the EAR); and
- The university informs the individual in writing that the “technology” or source code may not be transferred to other foreign nationals without prior U.S. Government authorization. The obligation not to transfer technology extends beyond the tenure of employment at the university.