Tools of Trade License Exemption Guidance

TMP License Exception for Professional Temporary Exports

License Exception TMP (15 CFR §740.9) under the Export Administration Regulations (EAR) authorizes U.S. Persons (and non-U.S. Persons who are 1) employees of MSU and 2) who are authorized to receive the technology here in the U.S. under a license or license exception) to export, reexport, and/or transfer (in-country) certain University-owned equipment, items, and software (“tools of trade”) for temporary use abroad. Tools of trade are those items (e.g., instruments, equipment, software, technology, etc.) needed for use with the individual’s occupation/employment.

The exception does not apply to:

• Defense items, technology, data, or software regulated by the Department of State’s International Traffic in Arms Regulations (ITAR),
• EAR satellite or space-related equipment, components, or software,
• Technology associated with high-level encryption products,
• Items controlled for MT (missile technology) reasons or for any of the other restrictions on license exceptions listed in EAR §740.2,
• Nuclear or atomic energy items regulated by the Nuclear Regulatory Commission or Department of Energy.

The use of this license exception is subject to the following conditions:

• Traveler will hand-carry the items, technology, or software abroad as a “tool of the trade” only to conduct MSU business.
• Traveler will return the items, technology, or software to the U.S. no later than 12 months from the date of leaving the U.S. unless the items, technology, or software are certified by the traveler to have been consumed or destroyed abroad during this 12-month period.
• Traveler will keep the items, technology, or software under their “effective control” while abroad (defined as retaining physical possession of item or keeping it secured in a place such as a hotel safe, a bonded warehouse, or a locked or guarded exhibition facility).
• Traveler will take security precautions to protect against unauthorized release of data and information while the technology is being shipped or transmitted and used abroad such as:
  1. encryption of the “technology”, the use of secure network connections, such as Virtual Private Networks when accessing email and other business activities that involve the transmission and use of the technology,
  2. use of password systems or other access restrictions on the electronic device or media on which the “technology” is stored, and
  3. use of personal firewalls and other network security measures to prevent unauthorized access on electronic devices that store the technology.
• The items, technology, or software will not be used in relation with any military use, or for development of weapons of mass destruction.
• Traveler will not ship or hand-carry the items, technology, or software to Cuba, Iran, North Korea, Syria or the Crimea, Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR) regions of Ukraine without consulting with the MSU Export Control & Trade Sanctions Office. If the traveler is planning to travel to these countries, the traveler must consult with the MSU Export Control & Trade Sanctions Office at export@msu.edu as there may be additional licensing requirements.

Temporary (TMP) License Exception Form

International travelers may complete this Temporary (TMP) License Exception Form when hand-carrying items abroad for University business prior to travel and carry it with them in case it is requested. This Form is designed to be self-service and does not require review or approval from the Export Control & Trade Sanctions Office.