License Exceptions/Exemptions For Travel Outside The U.S.

DEPARTMENT OF COMMERCE

Export License Exception (TMP) for Temporary Exports/Reexports

This exception (TMP) can be used for travel outside the U.S. when you are taking items or technology that would normally require a license from the Department of Commerce.

What the exception covers:
The export of items, technology, commercial software, and encryption code is subject to export control regulations (this includes laptops, PDAs and digital storage devices).  The Department of Commerce’s Export Administration Regulations (EAR) makes an exception to licensing requirements for the temporary export or reexport of certain items, technology, or software for professional use as long as the criteria in the EXPORT LICENSE EXCEPTION (TMP) CERTIFICATION are met.

What the exception does not cover:
The exception does not apply to any EAR satellite or space-related equipment, components, or software, or to any technology associated with high-level encryption products and cannot be used for travel to Iran, Syria, Cuba, North Korea, or Sudan (in limited circumstances TMP can be used for Sudan).  This exception does not apply to items, technology, data, or software regulated by the Department of State’s International Traffic in Arms Regulations (ITAR) – see ITAR exemption below.

Record-keeping requirements and procedures:
The regulations require the use of this license exception be documented, and records must be kept for five years.  Fill out the exception form prior to travel (keep a copy for your files) and return to Kay Ellis, Export Controls Officer in the Office of Sponsored Projects, via e-mail at kay.ellis@austin.utexas.edu.  Contact her at 512-475-7963 if you have questions regarding the exception and procedures. 

Export License Exception (BAG) for Temporary Exports/Reexports

LICENSE EXCEPTION (BAG) CERTIFICATION can be used for travel outside the U.S. when you are taking PERSONAL items or technology that would normally require a license from the Department of Commerce (see TMP exception above).  For example, if you plan to take your personal laptop rather than a UT laptop when attending a conference or conducting research abroad, and you are taking controlled technology, software, or other information that would require a license, the BAG license exception is available.  In addition, only the BAG exception is available for travel to Cuba, Syria, and North Korea – taking a UT owned laptop would require a license from Commerce.

Record-keeping requirements and procedures:
The regulations require the use of this license exception be documented, and records must be kept for five years.  Fill out the exception form prior to travel (keep a copy for your files) and return to Kay Ellis, Export Controls Officer in the Office of Sponsored Projects, via e-mail at kay.ellis@austin.utexas.edu.  Contact her at 512-475-7963 if you have questions regarding the exception and procedures. 

DEPARTMENT OF STATE

ITAR Exemption 125.4(b)(9) - Data for Use Only By U.S. Persons

This International Traffic in Arms Regulations (ITAR) exemption from Department of State licensing requirements can be used when traveling outside the U.S. and you need to have access to ITAR controlled technical data.

What the exemption covers:
ITAR controlled technical data, including classified information, sent by a U.S. corporation (in this case, UT Austin) to a U.S. person employed by that corporation overseas or to a U.S. Government Agency, is exempt from Department of State licensing requirements if the conditions in the ITAR CERTIFICATION FOR EXPORT EXEMPTION are met. The data can be mailed, hand-carried, or sent via oral, visual, or electronic means. If the ITAR controlled technical data will be mailed, there are additional reporting requirements and paperwork.

What the exemption does not cover:
The exemption may not be used for foreign production purposes or for technical assistance unless the approval of the Directorate of Defense Trade Controls has been obtained. The exemption does not allow for sending ITAR controlled technical data to countries proscribed in 22 CFR 126.1 such as Belarus, China, Cuba, Iran, North Korea, Syria, and Venezuela.  For a complete list of proscribed countries, see http://www.pmddtc.state.gov/regulations_laws/documents/official_itar/ITAR_Part_126.pdf,
or contact Export Controls Officer (contact information below).

Record-keeping requirements and procedures:
The regulations require the use of this license exemption be documented, and records must be kept for five years.  Fill out and sign the exemption form prior to travel and return to Kay Ellis, Export Controls Officer in the Office of Sponsored Projects, via e-mail at kay.ellis@austin.utexas.edu.  The form will be signed and a copy returned to you for your files. Contact her at 512-475-7963 if you have questions regarding the exemption and procedures.