In an earlier post, we noted that License Exceptions TMP and BAG’s “tools of the trade” exception might allow temporary export of laptops and the software on it, but that this exception did not cover technical data. Today the Bureau of Industry and Security (“BIS”) amended its rules to permit the export of technology — which would include technical data on dual-use items — under the TMP and BAG license exceptions.

There are several significant limitations on the use of these license exceptions for technical data. First, the license exception is only available to U.S. persons (i.e. citizens and permanent residents) or non-U.S. persons otherwise authorized to receive the technical data or technology. Second, technology exported pursuant to these exceptions may not be thereafter disclosed to anyone who is also not a U.S. person or specifically authorized to receive the data. Third, if the technical data exported under these exceptions is in a form that could facilitate a subsequent disclosure it must be returned to the United States or destroyed within 12 months from the export pursuant to the exception. Finally, adequate security precautions must be taken to prevent unauthorized disclosure of the technical data once it has been exported pursuant to the exception.

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