License Exception BAG for travelers

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1. Who may use License Exception BAG

License Exception Baggage (BAG) under the Export Administration Regulations (EAR) covers individuals leaving the United States, whether traveling temporarily or moving for a longer term (15 CFR 740.14(a)). It also covers crew members of exporting or reexporting carriers. They may take the commodities, software and technology the section describes to any destination as personal baggage.

Individuals leaving the United States may export or reexport the listed commodities or software for their personal use, or that of immediate family members traveling with them (15 CFR 740.14(b)). Travelers leaving temporarily must bring the items back unless they consume them abroad or are otherwise authorized to dispose of them under the EAR. Crew members may take only personal effects and household effects, to any destination.

U.S. persons may also take technology as a tool of trade to any destination or series of destinations, under the conditions set out below (15 CFR 740.14(b)).

2. The four classes of items

The first class is personal effects in usual and reasonable kinds and quantities for personal use (15 CFR 740.14(b)(1)). Examples are wearing apparel, articles of personal adornment, toilet articles, medicinal supplies, food, souvenirs, games and similar personal effects, and their containers. The second is household effects, such as furniture, household furnishings and their containers (15 CFR 740.14(b)(2)).

The third is vehicles in usual and reasonable kinds and quantities, such as passenger cars, station wagons, trucks, trailers, motorcycles, bicycles, tricycles and perambulators (15 CFR 740.14(b)(3)). The fourth is tools of trade (15 CFR 740.14(b)(4)). These are usual and reasonable kinds and quantities of tools, instruments or equipment, and technology, for use in the trade, occupation, employment, vocation or hobby of the traveler or household members who are traveling or moving.

Special provisions apply to firearms and ammunition, to encryption commodities and software, to technology and to certain personal protective equipment (15 CFR 740.14(b)(4)). For example, a traveler may take no more than three firearms per trip (15 CFR 740.14(e)(1)(i)). The firearms and protective equipment rules are covered in firearms and body armor under License Exception BAG.

3. Technology as a tool of trade

Only U.S. persons may export or reexport technology as a tool of trade, for their own use or that of immediate family members who are also U.S. persons (15 CFR 740.14(b)). Technology may go as an actual shipment, a transmission or a release. For this purpose a U.S. person is a U.S. citizen, a lawful permanent resident, or a protected individual as defined in 8 U.S.C. 1324b(a)(3) (15 CFR 740.14(b)(4)(i)).

Four conditions apply (15 CFR 740.14(g)). The technology must be used overseas solely by those individuals or their traveling family members who are U.S. persons (15 CFR 740.14(g)(1)). The exporting party and the recipient must take adequate security precautions against unauthorized access while the technology is transmitted and used overseas (15 CFR 740.14(g)(2)).

The rule gives examples of such precautions (15 CFR 740.14(g)(2)(i)-(iii)). They include secure connections, such as virtual private networks, for email and business activities involving the technology. They also include password systems and personal firewalls on electronic devices storing it. The technology may not be used for foreign production or technical assistance unless the Bureau of Industry and Security (BIS) authorizes it (15 CFR 740.14(g)(3)). No encryption item under Export Control Classification Number (ECCN) 5E002 may go to any Country Group E:1 destination (15 CFR 740.14(g)(4)).

4. Limits on eligibility

The export of any item is limited or prohibited if its kind or quantity exceeds the section’s limits (15 CFR 740.14(c)). The items must be owned by the individuals, their immediate families or the crew members on the date they leave the United States (15 CFR 740.14(c)(1)). They must be intended for, and necessary and appropriate for, the use of those persons (15 CFR 740.14(c)(2)). They must not be intended for sale or other disposal (15 CFR 740.14(c)(3)). Crew members may not export them under a bill of lading as cargo (15 CFR 740.14(c)(4)).

5. Unaccompanied baggage

Individuals leaving the United States may ship unaccompanied baggage, meaning baggage sent on a carrier other than the one they travel on (15 CFR 740.14(d)). Crew members may not. Unaccompanied shipments must be clearly marked BAGGAGE. They may be made at the time of departure, or within a reasonable time before or after it.

Baggage controlled for chemical and biological weapons, missile technology, national security, encryption item or nuclear nonproliferation reasons must be shipped within three months before or after the month of departure (15 CFR 740.14(d)). Commodities with those controls may not go as unaccompanied baggage to Country Groups D:1, D:2, D:3, D:4 or E:1.

6. Encryption items

A U.S. citizen or permanent resident alien may use BAG to export or reexport encryption commodities and software subject to encryption item (EI) controls to any destination outside Country Group E:1 (15 CFR 740.14(f)(1)). Other persons may do the same, except nationals of a Country Group E:1 country who are not U.S. citizens or permanent residents (15 CFR 740.14(f)(2)).

7. Clearance and records

Using BAG certifies that its terms, provisions and conditions have been met (15 CFR 740.1(b)). Part 762 governs records of BAG transactions, as it does for every license exception (15 CFR 740.1(f)). The Foreign Trade Regulations (FTR) exemption from filing Electronic Export Information (EEI) that relates to BAG is in 15 CFR 30.37(x) (15 CFR 758.1(c)(1)). An FTR exemption may be narrower than the matching EAR license exception (15 CFR 758.1(c)). For certain firearms, shotguns with barrels under 18 inches and most ammunition carried abroad under BAG, separate clearance rules require a Customs and Border Protection (CBP) Form 4457 before export (15 CFR 758.11(b)). The general rules for license exceptions are covered in how EAR license exceptions work.

Key terms

BAG	License Exception Baggage, for travelers, movers and crew members.
Tools of trade	Equipment and technology used in the traveler’s work or hobby.
Unaccompanied baggage	Baggage sent on a different carrier from the traveler.
U.S. person	For BAG, a citizen, lawful permanent resident or protected individual.
Crew member	A member of an exporting carrier’s crew, limited to personal and household effects.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Deploying staff travel with equipment that falls under these rules. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.