Where Industry and Security Intersect
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Frequently Asked Questions and Answers
In an effort to facilitate the activities of non-governmental organizations (NGOs) working to relieve human suffering in Sudan, the Bureau of Industry and Security (BIS) published a rule on February 18, 2005 to revise License Exception "Temporary Imports, Exports and Reexports" (TMP) (Section 740.9 of the Export Administration Regulations (EAR)). This rule will allow certain organizations to bring items to Sudan such as cell phones, most personal computers, personal digital assistants and global positioning systems and similar satellite receivers for temporary use in their humanitarian relief programs without a BIS license. The items authorized by this rule do not require a license to most destinations, but do require a license for export or reexport to Sudan because the Secretary of State has designated that country as a state sponsor of terrorism.
Background
BIS is publishing this rule to facilitate the activities of organizations working to relieve human suffering in Sudan by reducing the need for export licenses faced by such organizations, their staffs and employees. The commodities and software being made eligible for export under License Exception TMP by this rule do not require a license for export or reexport to most destinations, but do require a license for export or reexport to Sudan because that country has been designated by the Secretary of State as a state sponsor of terrorism.
http://www.treas.gov/offices/enforcement/ofac/sanctions/t11sudan.pdf
Revisions to License Exception TMP
On February 18, 2005 BIS published a regulation that revised License Exception TMP authorizing certain organizations to export, but not reexport, to Sudan specified items without a license. These items may remain in Sudan for up to one year. This rule makes the tools of trade provisions of License Exception TMP available to NGOs that are working to relieve human suffering in Sudan and that are registered with OFAC pursuant to 31 CFR §538.521, or organizations that are authorized by OFAC to take actions, for humanitarian purposes, that otherwise would be prohibited by the Sudanese Sanctions Regulations, or "staff" or employees of either type of organization.
OFAC has given authorization to the U.S. Agency for International Development (USAID) to operate in Sudan for humanitarian purposes. Organizations operating under that USAID authorization are among those that are eligible to use this License Exception. However, the United Nations and its operations in Sudan do not qualify for this License Exception.
In this rule, "staff and employees" covers both paid employees of an eligible organization, and persons who are traveling to Sudan at the direction of, or with the knowledge of, such organization. "Staff" could include those volunteering to work in Sudan on behalf of such an organization, but who are not employees thereof. For example, we would consider a health care worker traveling to Sudan at the direction of an eligible organization to act as a volunteer providing medical care as part of the activities of that organization to be "staff" under this rule, even if that person is not an employee of the eligible organization.
This rule does not expand the eligibility for use of License Exception TMP for temporary tools of trade exports to destinations other than Sudan, which continue to be limited to the exporter or employees of the exporter.
Eligible Commodities
Under this rule, authorized parties may export:
This rule also allows the export of software controlled under ECCNs 4D994 and 5D992 that is used in conjunction with such basic telecommunications devices or computers. However, the rule is not intended to be a vehicle for software exports per se. The software must be loaded onto the commodity prior to being exported and remain loaded on the commodity while in Sudan. These two software ECCN’s were included in the rule so that the commodities authorized for export by the rule could function in Sudan. They include typical "mass market" operating systems and applications software (such as office suite, email and web browser programs) for personal computers, cell phones and personal digital assistants. This rule does not authorize the transport of software controlled under any other ECCN to Sudan.
This rule also authorizes parts and components controlled under ECCN 5A992 of authorized telecommunications and computer devices. As in the case of software, this parts and components authorization was included in the rule so that the commodities that the rule authorizes could function in Sudan. The parts and components typically would be installed chips or PCI (peripheral component interconnect) cards that allow computers and personal digital assistants to connect to local area networks, and that would otherwise require a license for export or reexport to Sudan because of their encryption capabilities. The parts and components must remain installed with, or contained in, the computers or equipment while in Sudan. This rule does not authorize shipping such parts and components to Sudan separately from the computers or equipment in which they are to be used.
Restrictions
The items exported under this License Exception must accompany a member of the staff or an employee of an eligible organization to Sudan either as checked baggage or by being hand carried by the staff member or employee. Unaccompanied baggage is not eligible for shipment to Sudan under this rule.
Items on the CCL that require a BIS license for export to Sudan and do not fall under the ECCNs outlined in this rule continue to require a BIS license. Additionally, items on the CCL that require a BIS license for reexport to Sudan, including those specified in this rule, continue to require a BIS license if reexported to Sudan.
Note that the end-use and end-user controls in Part 744 of the EAR also continue to apply to Sudan.
This License Exception is available only for items that are intended to be in Sudan for one year or less. If an eligible party intends, at the time of export, to keep the article in Sudan for more than one year the party must apply for a BIS license and may not export it until BIS issues the license. If the intent to keep the article in Sudan for more than one year arises after the article arrives via this License Exception, the exporter must obtain a BIS license for longer term export before the expiration of the one year limit.