Tools of the Trade

This does not apply to items and technical data controlled under the International Traffic in Arms Regulations. A license is always required for these items and technical data.

Bringing your Laptops, PDAs, and/or Cell Phones

In general, standard business and personal laptops, PDAs and cell phones either don't require a license for the destination (e.g. Germany, England) or can be taken under a Tools of the Trade license exception to the Export Administration Regulations (EAR). This does not apply to Cuba, Iran, North Korea, Sudan or Syria.

However, this exception is NOT automatically allowed.

A license MAY be required when a device with EAR controlled data (research or proprietary) or encrypted/proprietary software is hand-carried or shipped abroad. This depends on several factors including: destination, availability of a license exception, reason for control.

A license is ALWAYS required whan a device with ITAR controlled data (research or proprietary) or encrypted/proprietary software is hand-carried or shipped abroad.

For example: A laptop being hand-carried to any country with research data on a genetically modified organism will currently require a license genetically modified organisms are controlled items for chemical, biological and anti-terrorism reasons and there are no applicable license exceptions.

When hand-carrying a laptop, PDA, cell phone, data storage devices outside the U.S under the Tools of the Trade, YOU MUST:

• Retain exclusive control of the equipment at all times;
• Not let the equipment be used by anyone in the foreign country;
• Not intend to keep these items in these countries for longer than one year; and
• Verify that no government licenses are required.

Bringing/Shipping Field Equipment and/or Supplies to Research Sites

• Traveling outside the U.S. with your field equipment and/or shipping your field equipment to your research site may require an export license.

• A license will ALWAYS be required if the item/technical information is subject to ITAR regardless of destination.

• A license MAY be required if the item/technology is subject to EAR. The details of the export need to be reviewed to determine if there is an applicable license exception or if a license is required.

• As per the regulations, the steps in determining whether or not a license is required and/or the application of a license exception need to be recorded.

Export Administration Regulations § 740.9 TEMPORARY IMPORTS, EXPORTS, REEXPORTS, AND TRANSFERS (IN-COUNTRY) (TMP) - Subsection Tools of the Trade

Authorizes
Exports, reexports, or transfers (in-country) of commodities and software as tools of trade for use by the exporter or employees of the exporter may be made only to destinations other than Country Group E:1.

Eligible Items
• Eligible items are usual and reasonable kinds and quantities of tools of trade for use in a lawful enterprise or undertaking of the exporter.
• Tools of trade include, but are not limited to, commodities and software as is necessary to commission or service items, provided that the commodity or software is appropriate for this purpose and that all items to be commissioned or serviced are of foreign origin, or if subject to the EAR, have been lawfully exported, reexported, or transferred.

Effective Control
• The tools of trade must remain under the “effective control” of the exporter or the exporter's employee.
• Tools of trade may accompany the individual departing from the United States or may be shipped unaccompanied within one month before the individual’s departure from the United States, or at any time after departure.
• Software used as a tool of trade must be protected against unauthorized access (see examples below).

Security Precaution Examples
• Use of secure connections, such as Virtual Private Network connections, when accessing IT networks for activities that involve the transmission and use of the software authorized under this license exception;
• Use of password systems on electronic devices that store the software authorized under this license exception; and
• Use of personal firewalls on electronic devices that store the software authorized under this license exception.

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