Research Protections: Baggage License Exception

The Baggage License Exception (Section 740.14 of the EAR) authorizes individuals who are U.S. persons leaving the United States to export or re-export certain commodities and software for personal use as they travel to any country other than Cuba, Iran, North Korea, the Sudan or Syria. The commodities and software can include: personal effects, household effects, vehicles and technology as a tool of trade. A tool of trade is defined as “Usual and reasonable kinds and quantities of commodities and software for use in a lawful enterprise or undertaking of the exporter.”

Restrictions on the export of technology under Baggage License Exception include:

  • The technology must be used overseas solely by individuals or members of their immediate family who are U.S. citizens traveling with them; and
  • Adequate security precautions must be taken to protect against unauthorized access to the technology, such as the use of a Virtual Private Network, the use of password systems and use of personal firewalls; and
  • The technology must not be used for foreign production purposes or for technical assistance.

Individuals leaving the United States temporarily must bring back items under this License Exception unless the items are consumed abroad. In order to use the Baggage License Exception for the export of items regulated by the Export Administration Regulations (EAR), you must answer YES or TRUE to the following four statements:

  • Do you or a member of your immediate family own the item?
  • Do you or a member of your immediate family traveling with you intend to use the item for necessary and appropriate use?
  • The item will not be sold or discarded while traveling.
  • The travel is not to a terrorist supporting country (Cuba, Iran, North Korea, the Sudan and Syria).

If you have questions about the baggage export license exception, please contact Michelle Moore at mwmoore@mail.ecsu.edu or at 335-3823.