License Exception TMP for other temporary exports

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1. The other temporary export provisions

Beyond tools of trade and technology, License Exception Temporary Imports, Exports, Reexports, and Transfers (TMP) in the Export Administration Regulations (EAR) has several provisions for items used abroad for a limited time (15 CFR 740.9(a)). The general limits on TMP, and the rules on tools of trade and firearms, are covered in License Exception TMP for tools of trade and firearms.

2. Kits of replacement parts

Kits of replacement parts or components may go to all destinations except Country Group E:1 (15 CFR 740.9(a)(4)). The parts must qualify for shipment as one-for-one replacements (15 CFR 740.9(a)(4)(i)). The kits must stay under the effective control of the exporter or an employee (15 CFR 740.9(a)(4)(ii)). All parts and components must come back, except that one-for-one replacements may be made under License Exception RPL, for servicing and replacement of parts and equipment, with the defective parts returned (15 CFR 740.9(a)(4)(iii)).

3. Exhibition and demonstration

Commodities and software may go abroad for exhibition or demonstration to all destinations except Country Group E:1 (15 CFR 740.9(a)(5)). The exporter must keep ownership while they are abroad. The exporter, an employee or its designated sales representative must keep effective control. They may be used only to the minimum extent needed for an effective demonstration.

They may not be shown at any one site for more than 120 days after installation and debugging unless the Bureau of Industry and Security (BIS) authorizes it (15 CFR 740.9(a)(5)). Before or after a show, they may be held in a bonded warehouse or storage facility pending movement, return or other approved disposition, if the exporter keeps effective control. The export documents must show the exporter as ultimate consignee, in care of the person who will control the items abroad.

4. Repair, containers and assembly in Mexico

Commodities to be inspected, tested, calibrated or repaired abroad may go to all destinations except Country Group E:1 (15 CFR 740.9(a)(6)). Containers needed to ship commodities, where no other license exception is available, may also go under TMP (15 CFR 740.9(a)(7)). The containers’ contents need their own authorization if not exempt from licensing.

Commodities may go to Mexico under customs entries requiring return after processing, assembly or incorporation into end products by participants in Mexico’s in-bond industrialization program, known as IMMEX (15 CFR 740.9(a)(8)). All resulting end products, or the commodities themselves, must come back to the United States as soon as practicable and within four years of export.

5. News media

Commodities needed for news gathering, and the software to use them, may go temporarily for accredited news media personnel to or within Belarus, Cuba, North Korea, Russia and Syria (15 CFR 740.9(a)(9)(i)). The same applies to the Crimea region of Ukraine and the covered regions of Ukraine specified in section 746.6. The items must stay under the effective control of the news-gathering firm, and in the physical possession of its personnel. Physical possession means effective measures against unauthorized access, such as locked facilities or security guards. The items must leave with the personnel at the end of the trip.

When exporting from the United States under this provision, the exporter must email bis.compliance@bis.doc.gov a packing list or similar identification, with the destination and estimated dates of departure and return (15 CFR 740.9(a)(9)(ii)). The Office of Export Enforcement may check returns. Equipment going with news media personnel to other destinations goes under the tools of trade provision, if owned by the news firm or personal property of its personnel (15 CFR 740.9(a)(9)(iii)). Independent accredited contract personnel under a news firm’s control may use these provisions if the firm designates an employee of the contract firm as responsible for the equipment.

6. Foreign subsidiaries and protective equipment

A U.S. person may send components, parts, tools, accessories or test equipment to a subsidiary, affiliate or facility it owns or controls (15 CFR 740.9(a)(10)). They must be for manufacturing, assembling, testing, producing or modifying items. They may not be reexported or transferred from that facility, alone or incorporated into another item, without prior BIS authorization.

U.S. persons may also temporarily take one set of body armor under Export Control Classification Number (ECCN) 1A613.d, which may include a 1A613.c helmet (15 CFR 740.9(a)(11)(i)). Outside Country Group D:5, the set must travel with the person’s baggage or effects, not by mail, and be for that person’s exclusive use. For Iraq and other D:5 countries, further conditions apply, linked to U.S. Government business or contracts, or, for Iraq, an authorization from the Government of Iraq (15 CFR 740.9(a)(11)(ii)). Documents showing an Iraqi authorization must include an English translation. Protective equipment not consumed or destroyed in normal use must return to the United States, or the country it came from, as soon as practicable and within four years (15 CFR 740.9(a)(11)(iii)).

7. The one-year return rule

Apart from the Mexico assembly and protective equipment provisions, items not consumed or destroyed in normal temporary use must come back as soon as practicable and within one year (15 CFR 740.9(a)(14)). They may return to the United States or to the country from which they were transferred. Items not returned must be disposed of or kept in one of three ways.

To sell or otherwise dispose of the items abroad, unless another EAR provision permits it, the exporter must apply for a license under sections 748.1, 748.4 and 748.6 (15 CFR 740.9(a)(14)(i)). The application needs the same support documents as a direct shipment from the United States. Alternatively, an outstanding license that authorizes direct shipment of the same items to the same new consignee or end user may be used (15 CFR 740.9(a)(14)(ii)).

To keep an item abroad beyond one year, the exporter must apply to BIS for a license at least 90 days before the year ends (15 CFR 740.9(a)(14)(iii)). The application gives the exporter’s name and address, the export date, a brief product description and the justification. An approved extension may not exceed four years from the first export. Anything longer needs a license for permanent export.

Key terms

One-for-one replacement	A replacement part sent under License Exception RPL, with the defective part returned.
IMMEX	Mexico’s in-bond industrialization program.
120-day limit	The longest stay at one exhibition site without BIS approval.
Physical possession	For news media, effective measures against unauthorized access.
One-year rule	The general deadline for returning TMP items.

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

Equipment used on a task abroad usually has to come home. 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.