TMP for items in transit and beta test software

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1. Items temporarily in the United States

License Exception Temporary Imports, Exports, Reexports, and Transfers (TMP) in the Export Administration Regulations (EAR) also covers exports of items that are only temporarily in the United States (15 CFR 740.9(b)). Most of these provisions may not be used for firearms classified under Export Control Classification Numbers (ECCNs) 0A501.a, 0A501.b, 0A506 or 0A507, or shotguns with barrels under 18 inches. Only the provisions for returning foreign-origin items, returning refused shipments and exporting temporarily imported firearms are available for them.

2. Items in transit

Items moving in transit through the United States may be exported under a Transportation and Exportation customs entry or an Immediate Exportation customs entry made at a U.S. Customs and Border Protection (CBP) office (15 CFR 740.9(b)(1)). Items controlled for national security, nuclear proliferation, chemical and biological weapons or missile technology reasons may not go to Country Group D:1, D:2, D:3 or D:4 respectively (15 CFR 740.9(b)(1)(i)). No items may go to Country Group E:1 under this section (15 CFR 740.9(b)(1)(ii)).

Three kinds of item are excluded from the transit provision (15 CFR 740.9(b)(1)(iii)). They are commodities shipped to the United States under an International Import Certificate, Form BIS-645P, chemicals under ECCN 1C350, and horses for export by sea. The transit authorization applies to all shipments from Canada moving through the United States to any foreign destination, whatever the items or their origin, notwithstanding the other limits of the transit provision (15 CFR 740.9(b)(1)(iv)).

3. What counts as in transit

A commodity withdrawn from a U.S. bonded warehouse under a withdrawal for export customs entry is treated as moving in transit (15 CFR 740.9, note 2 to paragraph (b)). It is not in transit if withdrawn under any other kind of entry, or if its transit has been broken for a processing operation.

Items on board a vessel or aircraft passing through the United States between foreign countries may be exported without a license if two conditions are met (15 CFR 740.9, note 3 to paragraph (b)). They must not have been unladen while passing through, and must not have been originally manifested to the United States. A shipment from Canada or Mexico that incidentally transits the United States to a delivery point in the same country needs no license (15 CFR 740.9, note 4 to paragraph (b)).

4. Items imported for marketing or display

Items imported for marketing, or for display at U.S. exhibitions or trade fairs, may be exported if they entered under bond, or with temporary free import under bond, and are exported under the bond’s terms (15 CFR 740.9(b)(2)). They may go back to the country they came from, except that items from Cuba may go back only if the U.S. Government licensed their import (15 CFR 740.9(b)(2)(i)).

They may go to other destinations too, with three exceptions (15 CFR 740.9(b)(2)(ii)). Items imported under an International Import Certificate are excluded, as are exports to Country Group E:1. Exports of items with national security, nuclear nonproliferation, chemical and biological weapons or missile technology controls to Country Groups D:1, D:2, D:3 or D:4 respectively are also excluded.

5. Returns of foreign items and refused shipments

A foreign-origin item may go back to the country it was imported from if its characteristics and capabilities were not enhanced in the United States (15 CFR 740.9(b)(3)). No foreign-origin item may be returned to Cuba. Shipments refused entry by CBP, the Food and Drug Administration or another U.S. agency may go back to the country of origin (15 CFR 740.9(b)(4)). The exceptions are Cuba, and a destination from which the shipment was refused entry because of the Treasury’s Foreign Assets Control Regulations, unless the Treasury licenses or otherwise authorizes the return.

6. Temporarily imported firearms

A shipment may carry up to 75 of these firearms or shotguns with barrels under 18 inches, if they have been in the United States for no more than a year (15 CFR 740.9(b)(5)). They must not have been shipped from or made in a Country Group D:5 country (15 CFR 740.9(b)(5)(i)). The same applies to Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine and Uzbekistan, except for firearm models listed in annex A to supplement no. 4 to part 740 (15 CFR 740.9(b)(5)(ii)). They must not be ultimately bound for a D:5 country (15 CFR 740.9(b)(5)(iii)).

At import, the importer must have given CBP the TMP statement, an invoice or other documentation describing the firearms, and, for an event, the invitation or registration and a letter on effective control (15 CFR 740.9(b)(5)(iv)). At export, the exporter or its agent must also give CBP the invoice or other import documentation (15 CFR 740.9(b)(5)(v)). These steps are covered in temporary imports and firearms export clearance.

7. Beta test software

TMP also authorizes exports and reexports of beta test software intended for distribution to the general public (15 CFR 740.9(c)(1)). Encryption software under ECCN 5D002 may not go to Country Group E:1, and other beta test software may go anywhere except Cuba and Iran (15 CFR 740.9(c)(2)). All software on the Commerce Control List under Commerce licensing jurisdiction is eligible, subject to these limits, and 5D002 encryption software qualifies if the exporter has submitted the required information by the time of export (15 CFR 740.9(c)(3)).

Three conditions apply (15 CFR 740.9(c)(4)). The producer must intend to market the software to the general public after testing. It must be provided free or at no more than the cost of reproduction and distribution. It must be designed for installation by the end user without further substantial support from the supplier.

Before export, the exporter must obtain a statement from the testing consignee certifying that the software will be used only for beta testing, and will not be rented, leased, sold, sublicensed, assigned or otherwise transferred (15 CFR 740.9(c)(5)). The consignee also certifies that it will not transfer or export any direct product of the software. Only consignees that give this statement may run the software (15 CFR 740.9(c)(6)). The software must be destroyed abroad or returned to the exporter within 30 days after the producer’s test period ends, or, if none is defined, after the consignee’s role in the test ends (15 CFR 740.9(c)(7)).

Key terms

T.&E. entry	A Transportation and Exportation customs entry for goods in transit.
I.E. entry	An Immediate Exportation customs entry.
Withdrawal for export	A bonded warehouse entry treated as moving in transit.
Beta test software	Pre-release software the producer intends to market to the general public.
Importer statement	The testing consignee’s certification on use and transfer.

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 passing through the United States still needs the right authority. 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.