License Exception TMP for tools of trade and firearms

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1. What License Exception TMP covers

License Exception Temporary Imports, Exports, Reexports, and Transfers (TMP) is part of the Export Administration Regulations (EAR). It authorizes temporary exports, reexports and in-country transfers, exports of items temporarily in the United States, and exports of beta test software (15 CFR 740.9). Its first part covers items for temporary use abroad, including use in or above international waters (15 CFR 740.9(a)).

No item may go under that part if an order to acquire it, such as a purchase order, was received before shipment (15 CFR 740.9(a)). Nor may it go with prior knowledge that it will stay abroad beyond the exception’s terms, or when it is for later lease or rental abroad. The country references in TMP do not limit the general restrictions on license exceptions in section 740.2. One example is the bar on exports of 9x515 or 600 series items to Country Group D:5.

2. Limits for firearms under the temporary export rules

The temporary export part does not authorize any export of firearms under Export Control Classification Numbers (ECCNs) 0A501.a or .b, 0A506 or 0A507, or shotguns with barrels under 18 inches, to Country Group D:5 (15 CFR 740.9(a)). The bar also covers any export of such an item that was imported into the United States from a D:5 country, or from Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine or Uzbekistan. For such firearms, only the firearms tools of trade, exhibition and demonstration, and inspection, test, calibration and repair provisions are available.

No more than 75 firearms may go in one shipment under the temporary export part (15 CFR 740.9(a)). The exporter or its agent must file the serial number, make, model and caliber of each firearm in the Electronic Export Information (EEI) filing in the Automated Export System (AES).

3. Tools of trade

Commodities and software may go as tools of trade for temporary use abroad by the exporter or its employees, to destinations other than Country Group E:1 (15 CFR 740.9(a)(1)). Items controlled for missile technology reasons may not go to Country Groups D:4 or D:5. The tools must stay under the effective control of the exporter or its employee, and must be usual and reasonable kinds and quantities for a lawful enterprise of the exporter.

Tools of trade include commodities and software needed to commission or service items, if they are appropriate for that purpose (15 CFR 740.9(a)(1)). The items being commissioned or serviced must be of foreign origin or, if subject to the EAR, have been lawfully exported, reexported or transferred. Tools may travel with the individual, or be shipped up to one month before departure or at any time after it. Software used as a tool of trade must be protected against unauthorized access, for example by secure network connections, passwords and personal firewalls (15 CFR 740.9(a)(1)(i)-(iii)).

4. Firearms as tools of trade

A separate provision authorizes the temporary export or reexport of firearms under ECCNs 0A501, 0A506 and 0A507, and shotguns with barrels of 18 inches or more, to destinations outside Country Group E:1 (15 CFR 740.9(a)(2)). Parts, components, accessories and attachments under 0A501, 0A502 or 0A509, commodities under 0A504, and ammunition under 0A505.a, .b and .c are covered too. No more than three firearms and 1,000 rounds of ammunition may go as tools of trade (15 CFR 740.9(a)(2)(i)).

Parts, components, accessories, attachments and 0A504 commodities must be of a kind and quantity reasonable for the permitted use, or needed for routine use or maintenance (15 CFR 740.9(a)(2)(ii)). The items must be for exclusive use for legitimate business purposes, such as personal protection or the protection of property or individuals (15 CFR 740.9(a)(2)(iii)). They may not be for resale or other transfer of ownership or control.

They must stay under the effective control of the owner or an employee of the owner, and must be returned to the United States or to the country from which the reexport originates (15 CFR 740.9(a)(2)(iii)). The rule notes that some countries require an import certificate or a U.S. export license before allowing a firearm in. Travelers leaving temporarily must declare the items to a Customs and Border Protection (CBP) officer and present them for inspection, confirming that TMP is the authority and has been complied with (15 CFR 740.9(a)(2)(iv)).

5. Technology carried or sent abroad

Technology, in any media or format, may be exported, reexported or transferred by or to a U.S. person, or a foreign person employee of a U.S. person, traveling or on temporary assignment abroad (15 CFR 740.9(a)(3)). Foreign persons may handle only technology they are authorized to receive by a license, a license exception other than TMP, or because no license is required (15 CFR 740.9(a)(3)(i)).

Only a U.S. person or an authorized foreign person may possess or use the technology (15 CFR 740.9(a)(3)(ii)). Sufficient security precautions must prevent unauthorized release, such as encryption, secure network connections, passwords or other access restrictions, and firewalls. The individual must be a U.S. Government employee or directly employed by a U.S. person, not, for example, by a foreign subsidiary (15 CFR 740.9(a)(3)(iii)). Using the technology for foreign production or technical assistance needs a license or a license exception other than TMP (15 CFR 740.9(a)(3)(iv)).

6. Who is a U.S. person under TMP

For TMP, a U.S. person means an individual who is a U.S. citizen, a lawful permanent resident as defined in 8 U.S.C. 1101(a)(2), or a protected individual as defined in 8 U.S.C. 1324b(a)(3) (15 CFR 740.9(a)(12)). It also means any juridical person organized under U.S. law, or authorized to do business in the United States, such as a corporation, partnership or trust. Destination restrictions also apply to items for use on any vessel, aircraft or territory owned, controlled, leased or chartered by a country named in a TMP provision, or by its nationals (15 CFR 740.9(a)(13)). Items not consumed or destroyed abroad must generally come back within one year (15 CFR 740.9(a)(14)), as covered in License Exception TMP for other temporary exports.

Key terms

TMP	License Exception for temporary imports, exports, reexports and in-country transfers.
Tools of trade	Usual and reasonable equipment and software for the exporter’s lawful enterprise.
Effective control	Keeping physical possession of an item, or securing it in a hotel safe, bonded warehouse or locked or guarded exhibition facility.
Business purposes	For firearms under TMP, uses such as protecting people or property.
75-firearm limit	The most firearms per shipment under the temporary export rules.

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

Security teams rely on these provisions to move equipment for a task. 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.