Office of Research



Office of Research

Hand-Carry Tools

Traveling with University Equipment and Software

Under the “Tool of Trade” license exception travelers can hand-carry usual and reasonable kinds and quantities of university owned equipment and software for use by employees in a lawful enterprise.

The “Tool of Trade” license exception has several requirements.

Remember: If you don’t need it – don’t take it with you!!

“Tool of Trade” Requirements

The destination cannot be to a sanctioned country,
Equipment and data cannot be on the International Traffic in-Arms (ITAR) U.S. Munitions List (USML) (e.g. DoD Sponsored project articles or data not in the public domain),
Equipment and data cannot be out of the U.S. for longer than 12 months.
Use of the “Tool of Trade” exception must be documented on a certificate,
Equipment and data must be in the  ”effective control” of the traveler for the duration of the trip and cannot be released,

”Tool of Trade” Certificate

Traveling with university equipment to an international destination may qua0ify for a “Tool of Trade” exception.

To determine if travel with equipment will qualify for the “Tool of Trade” exception, complete the following checklist, 
If the checklist indicates the exception applies, complete the “Tool of Trade” Certificate, retain the signed original as part of your travel documentation,
Submit a copy to the Office of Export Compliance by email or campus mail.

The exception certificate demonstrates the traveler understands the export requirements associated with equipment or data being exported and that exports to sanctioned/embargoed countries are prohibited.   For additional information contact the Export Control Officer.

Travelers should use the following checklist to determine if equipment will qualify as a “Tool of Trade.”

What Equipment Qualifies for an Exception as a “Tool of Trade”?

Equipment

Qualifies

Standard laptop with pre-loaded commercial software,
Some laboratory equipment depending upon the travel destination,
Most commercially available items.

Equipment

Does Not Qualify

Agents, toxins, microorganisms, pathogens, chemicals or nuclear technologies,
High end GPS units,
Defense articles listed on the ITAR U.S. Munitions List (USML).

Software

Qualifies

Standard off-the shelf mass-market software (i.e. MS Office products) if carried to 35 favorable countries,
Non-encryption beta test software to be marketed after testing.   

Software

Does Not Qualify

Non-standard cryptography technology and software, (non-mass market software), “open cryptographic interface” technology or “cryptanalytic (code-breaking) technology for export to any country other than the 35 favorable countries.

Data

Removed the following types of data from a laptop before departure as they do not qualify for the “Tool of Trade” exception:
Proprietary technical data not intended for public distribution, such as sponsored research with access, publication, or participation restrictions,
Technical data relating to the development, production, or use of an commodity listed on the EAR Commerce Control List (CCL),
Data relating to any military sponsored project or defense articles on the ITAR U.S. Munitions List (USML).  

“Reasonable suspicion of any crime or wrongdoing is not needed for customs officials to search a laptop or other personal electronic storage devices.” Additional information is available in the ”Policy Regarding Border Search of Information” by U.S. Customs and Border Protection.

Travelers prepare laptops prior to international travel. �If you don’t need it – don’t take it with you!�

Traveling with Non-University Equipment

License Exception BAG (Baggage) allows US citizens to carry family-owned retail-level items including laptops, personal digital assistants (PDAs), and cell phones as personal baggage. The items and software must be for their personal use.