What is a License Exception?
A license exception (or exemption under the ITAR) is an authorization that allows you to proceed with an export or re-export under specific guidelines.
International Traffic in Arms Regulations (ITAR)
Under the ITAR, license exemptions are extremely limited and no item enumerated on the United States Munitions List should be exported without consultation with and approval from the Export Compliance Officer as a license is almost always required.
Export Administration Regulations (EAR)
Under the EAR, Section 740.1 through Section 740.20 a license exception is an authorization that allows you export or re-export under specific guidelines items subject to the EAR that would otherwise require a license. These license exceptions should not be used without consultation with and approval from the Export Compliance Officer as thorough documentation and record keeping is required.
Common License Exception under the EAR
TMP - License Exception a temporary export - usually used for the temporary export of laptops, cell phones or field equipment which are referred to as Tools of the Trade in the EAR. The license exception contains specific criteria.
A Cautionary Note Regarding License Exceptions under the EAR
- Not all license exceptions are applicable to all items on the EAR
- Even if stipulated as a license exception for an item it may not be applicable for all destinations
- All license exceptions need to be recorded as to how the determination of applicability was made