With the recent round of Export Control Reform, many of our clients have found themselves in the relatively unfamiliar position of navigating Commerce Department Controls and the Export Administration Regulations (EAR) and license exceptions, rather than State Department Exemptions. Below are 4 of the most common license exceptions within the EAR.

License Exception STA (Strategic Trade Authorization)

Covers and Permits U.S. exports, reexports and transfers of specific items to destinations (37 Countries) that pose relatively low risk that those items will be used for a purpose that license requirements are designed to prevent.

License Exception GBS (Shipments to Country Group B Countries)

License Exception GBS authorizes exports and reexports to Country Group B (see supplement no. 1 to part 740) of those commodities where the Commerce Country Chart (supplement no. 1 to part 738 of the EAR) indicates a license requirement to the ultimate destination for national security reasons only and identified by “GBS – Yes” on the CCL. See § 743.1 of the EAR for reporting requirements for exports of certain commodities under License Exception GBS.

License Exception RPL (Servicing and Replacement of Parts and Equipment)

Servicing and Replacement of Parts, Components, Accessories and Attachments for one for one replacement of parts, etc. Items must have been lawfully exported from US parts and cannot be held as spares for future use.

License Exception TMP (Temporary Imports, Exports, Reexports, Transfers)

Including One for One replacement tools of trade. Items must remain under the effective control of the exporter. If commodity is going to be out of the country longer than a year, needs an additional license.

These license exceptions have many conditions and caution must be exercised when using any license exception. These exceptions are subject to frequent changes. Please contact us if you have any questions regarding export qualifications or instructions on how to use them.