Related Practices
International Law Advisory - BIS Revises License Exception TMP for Aid Organizations Engaging in Humanitarian Work in Sudan
February 18, 2005The United States Department of Commerce, Bureau of Industry and Security (“BIS”) has amended license exception “TMP” (15 C.F.R. 740.9) of the Export Administration Regulations (“EAR”) to allow staff and employees of aid organizations to export (but not reexport) basic communications equipment and related software for up to one year for use in performing humanitarian relief work in Sudan. See, 70 Fed. Reg. 8251-8253 (Feb. 18, 2005). The following items may be exported pursuant to the rule:
- Personal computers (including laptops) controlled under ECCN 4A994 that do not exceed a composite theoretical performance of 6,500 MTOPS, and software controlled under ECCNs 4D994 and 5D992 intended for the use of the computers, and loaded onto the computers prior to export.
- Telecommunications equipment (such as cell phones) controlled under ECCN 5A991, and related software for use of the equipment that is controlled under ECCN 5D992, and that is loaded onto the equipment prior to export.
- Global position system (“GPS”) or similar satellite receivers controlled under ECCN 7A994.
- Parts and components installed in the above-listed items (except GPS) controlled under ECCN 5A992.
The items exported must accompany the traveler (in carry-on or checked luggage) during travel, and must remain under the effective control of that person while in Sudan. Exports must also meet the requirements of TMP set forth in Sec. 740.9(a) of the EAR, and remain subject to the restrictions on the use of all license exceptions found in 730.2 of the EAR.
To qualify for use of the provision, the aid organization must be (1) a non-governmental organization engaged in humanitarian efforts in Sudan, and registered with the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”), (2) authorized by OFAC to engage in humanitarian activities that would otherwise be prohibited by the Sudanese Sanctions Regulations (31 C.F.R. part 538), or (3) staff (including volunteers) or employees of the types of organizations described above.
We will continue to keep you apprised of sanctions and export controls developments. If you have any questions, please feel free to contact Ed Krauland at 202.429.8083 or Meredith Rathbone at 202.429.6437.
