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Export Controls > International Travel > TMP Exception (EAR §740.9)


TMP Exception (EAR §740.9)

The EAR makes an exception to licensing requirements for the temporary export or re-export of certain items, technology, or software for professional use as long as you meet the following criteria:

  • The item or software remains under the "effective control" of Cornell personnel while the property is abroad.

Effective Control means - retaining physical possession of an item or maintaining it in a secure environment such as a hotel safe or locked facility.

  • The item or software to return to the US within 12 months.
  • The item or software to be shipped, retransferred, or hand-carried be used ONLY as a "tool of the trade" to conduct Cornell University business.

* The TMP exception does NOT apply to any EAR satellite or space-related equipment, components, or software, or to any technology associated with high-level encryption products.

*TMP exception does NOT apply to items, technology, data, or software regulated by the Department of State’s International Traffic in Arms Regulations (ITAR).

*The TMP Exception can NOT be used for items going to Iran, Cuba, Syria, Sudan or North Korea

Electronic Devices
Cornell owned electronic devices (the physical device and ordinary software installed on it) are typically subject to the EAR:

    • Laptops, iPhones, Blackberries (hardware/software bundles)
    • Mass market software such as Windows, OS X, Office, Adobe products, Visual Studio
    • Open source software such as Linux, Apache

EAR technology (documents, diagrams, data)
The TMP exception can be used by US persons to take EAR-controlled technology out of the country.  You cannot transfer technology to a person who would otherwise not be authorized to receive it.
The TMP exception can NOT be used by non-US persons to take EAR-controlled technology out of the country.

Complete, print and take with you, a copy of the TMP Exception Letter to self-certify your use of the exception. For U.S. government recordkeeping requirements, file a copy with the Export Controls Officer before you travel (hard copy, a scan of the signed form, or the unsigned pdf sent from your Cornell email account).
Take the signed copy with you, and give it to the Customs official IF they question or inspect your device.

See Restrictions on Physical Items