License Exceptions TMP, STA and GOV let you export certain items without a licence even when the Commerce Country Chart shows an "X" for your destination. All three are in Part 740 of the Export Administration Regulations (EAR). TMP (§ 740.9) covers temporary exports, STA (§ 740.20) covers trade with close allies, and GOV (§ 740.11) covers government end users. None of them can be used where the general restrictions in § 740.2 apply.
Check the general restrictions in § 740.2 first
Section 740.2 lists the situations in which no licence exception can be used. Examples are an export to a prohibited end use or end user under Part 744, an item controlled for certain reasons (some MT, NP or surreptitious listening items), and a destination embargoed under Part 746. These restrictions override every exception below. A restricted party or a prohibited end use defeats TMP, STA and GOV alike, so screen every party against the restricted party lists before you look at the exception itself.
For the step before that, whether a licence is needed at all, see when an export licence is required and how to use the Commerce Country Chart.
When can you use License Exception TMP?
TMP (§ 740.9) authorises items to leave and come back. Its main uses are:
- laptops, test equipment and other tools of trade that an employee takes abroad for their own professional use, keeps under their effective control and returns;
- items shown at trade fairs or demonstrated to customers, then returned;
- items sent abroad for inspection, calibration, testing or repair, then returned;
- kits for assembly, and some items moving between units of the same company, subject to conditions.
Most TMP uses carry a time limit, typically one year. Within that time the item must come back or be disposed of in a way the exception allows. An item that is being sold and will not come back is not a temporary export, and TMP is the wrong exception for it. TMP is also unavailable for some destinations and items, so read the paragraph of § 740.9 you rely on. Keep records of what left, when it left and when it came back.
The question people ask most often is the laptop on a business trip. Usually a laptop for your own professional use qualifies as a tool of trade, as long as you keep it under your control and bring it back. License Exception BAG may also apply to personal items. Encryption on the laptop is typically covered.
How does License Exception STA work?
STA, the Strategic Trade Authorization in § 740.20, lets exporters ship many controlled items without individual licences to allies that share U.S. export control standards. Eligibility depends on the country group of the destination.
Country Group A:5 is the group of close allies, for example most EU members, the UK, Japan, Australia and Canada. Items controlled for most multilateral reasons can go to A:5 countries under STA. Country Group A:6 is a smaller set of partners, and for those destinations STA covers only items controlled for national security reasons alone.
Using STA brings duties for the exporter:
- tell the consignee the ECCN and that the item was shipped under STA;
- obtain a prior consignee statement in which the consignee agrees to the STA conditions, including notifying later recipients;
- for some items, make an eligibility request to BIS before first use.
If the ECCN notice or the prior consignee statement is missing, the exception has not been validly used. STA is also unavailable for some ECCNs. Each entry states its STA eligibility, usually in its List Based License Exceptions section, and some items are excluded or need BIS approval first. Our guide on how to read an ECCN entry shows where that section sits.
Who can use License Exception GOV?
GOV (§ 740.11) covers exports for the U.S. government: items consigned to and for the official use of U.S. agencies and personnel abroad. It also covers certain exports to cooperating governments and to international inspection agencies, such as those under the Chemical Weapons Convention. Eligibility depends on the item, the agency and the destination, and many conditions apply.
Sales to foreign militaries fall under GOV only within its specific terms for cooperating governments. Most sales to foreign military end users need a licence.
How these fit with the other licence exceptions
TMP, STA and GOV sit alongside the list-based exceptions (LVS, GBS, TSR), encryption's ENC and many transaction-based exceptions (RPL, TSU, BAG, AVS). The overview of EAR licence exceptions explains which to consider first. ENC has its own page on License Exception ENC and § 740.17.
Checklist before you use an exception
- Confirm the ECCN and the paragraph.
- Confirm on the Country Chart that a licence is required. If it is not, you need no exception.
- Check the § 740.2 restrictions and screen every party.
- Read the exception's own conditions, destinations and time limits.
- Complete the paperwork: notices, statements and filings.
- Record the exception used, with the date and supporting documents. The licence exception code must also appear in your export filings, for example the Electronic Export Information filed in AES.
Licence exceptions in ECCN.help
After a classification, the ECCN.help licence check compares the ECCN's reasons for control with the Country Chart for your destination. It then lists the exceptions the entry allows and the conditions you need to check. The classification itself comes from the ECCN.help Classification Workflow, which is rule-based, with no AI, and shows the rule behind every answer.
ECCN.help provides research and assistance, not legal advice. Verify every result against the regulation.