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Export Compliance Guide

Updated on April 6, 2021.

The items and information you have or discuss during foreign travel are considered an “export” under U.S. regulations. Depending on the destination and exports, there may be requirements for an export license prior to international travel by NMSU employees and students. When traveling for international conferences or professional collaborations, it is recommended that you do not take unneeded data on your electronic devices, and that you only discuss technical information that has been published or is authorized for your activity.

Once you depart the US, regardless of your mode of travel, all hand-carried items are considered to have been “exported” from the US and subject to US export regulations.  Travelers are personally responsible for ensuring that the items and data they are carrying are legally exported to their travel destination.  The Department of Commerce’s Export Administration Regulations (EAR) makes an exception to licensing requirements (15 CFR 740.9) for the temporary export or export of certain items, technology, or software for professional use as long as the criteria to which you are certifying below are met.  Please contact the Export Compliance Officer with any questions.

What items are eligible for a TMP exemption?

*Personal electronics may be eligible for BAG exemption (see 15 CFR 740.14 for details).

Items eligible for TEMP exemption

Tools of the trade: university-owned* laptops, tablets, smart-phones and other electronic storage media necessary and related to the purpose of the travels.

Items NOT eligible for TMP exemption

Items, technology, data, or software designed for military or dual-use purposes. Satellite or space-related equipment, components, or software, or any technology associated with higher-level encryption products.

Compliance

NMSU requires that faculty and staff comply with these Federal laws and regulations intended to prevent unintentional export of controlled data and information, and/or to license your ability to export controlled data and information only if necessary.  Your answers to the following questions are required to determine whether Export Control regulations apply to your trip and must be provided on the NMSU International Travel Authorization Request Form (the student form can be found here) before approval to travel can be granted. 

  1. Will you transport any research equipment, tools, instruments, samples, raw materials, or prototypes, either through carry-on luggage or checked bags?
  2. Do you need to take a portable electronic device containing unpublished research data or proprietary data or software (not including standard business software or commercial computer security programs)?
  3. Will you be providing any specific training or technical assistance to another individual, entity, or governmental institution (or representatives) beyond scientific collaboration in fundamental research?
  4. Do your travel plans involve Iran, Cuba, Syria, North Korea, or another region specified as sanctioned and embargoed countries under the Office of Foreign Assets Control (OFAC) regulations?

If any of the situations above apply, please contact the Export Control Office (ECO) by email to ovpr@nmsu.edu, or call Dr. JoAnne Dupre at (575) 646-4463 for a determination of eligibility of the exemptions or to determine if a license will be required.  The licensing process may take 2 months or more, so please contact the ECO as early in the planning as possible.   Please attach written evidence that the Export Control Office has cleared the hardware, software, and/or technical data that you intend to take with you on your trip. 

In most cases, export licensing is not required for travel with commercially available consumer goods and electronic devices such as laptops, tablets, and cell phones. These items can be taken internationally using exemptions for university-owned equipment (temporary, “TMP”) and personal items (baggage, “BAG”).

Additional Conditions

  • Travel to Iran, Syria, Cuba, North Korea and Sudan is not eligible for these exemptions.
  • Length of trip is limited to 12 months; a license may be required for longer periods.
  • Items must remain under "effective control" of the traveler at all times; this is accomplished by retaining physical possession of items or keeping it secured in a place such as a hotel safe, a bonded warehouse, or a locked or guarded exhibition facility.
  • Do not take any items, including hardware, software, or technology that falls into these categories:
    • Classified, Controlled Unclassified, or Export Controlled
    • Limited Distribution, Proprietary, Confidential, or Sensitive
    • Specifically designed for military, space, or nuclear-related applications, defined in the United States Munitions List (USML) ,
    • Data, technical information, or computer software associated with a contract or agreement that prohibits publication or restricts access by non-U.S. persons

Published information, fundamental research, open source software, and other information in the public domain is not subject to export control regulations and may be discussed freely while on your trip. 

Whether using a personal computing device or a university-owned resource, individuals are required to fully understand the risks associated with working with research and personal data while off-campus. If you will conduct research or telework from the foreign country, you are encouraged to seek the assistance of departmental IT support staff and ICT to help evaluate the appropriate level of security for your travel needs.

For more information, see

Do not take any devices or data you cannot replace or would not want to lose.

 

Export Compliance Travel Tips

Tip #1: Travel Clean

If at all possible, it is recommended that departments maintain separate laptops for international travel that can be completely wiped clean prior to and upon return. 

Tip #2: "Tools of the Trade" Traveler Certification Letter

A “Tools of the Trade” Traveler Certification Letter is available for international travelers carrying university-owned equipment to confirm and certify that they meet the requirements of the “TMP” or “BAG” exemption. The letter serves as a document that can be carried with the traveler and shown to US or foreign customs agents in the event that they are questioned about the content of their belongings. While the letter does not guarantee that your items will not be subject to searches and seizures, it may demonstrate that you as the traveler are familiar with the regulations and responsible for the equipment that you are carrying. Similar letters are commonly used in industry and other universities as a mitigating factor against the risks of international travel

  • Contact ECO, ovpr@nmsu.edu, to request a letter.
  • After receiving the letter, please forward a copy to Cindy Garrett, clgarrett@nmsu.edu, in the Provosts Office. Letters will be retained in your Terra Dotta account for access during your travels, or in case of emergency. If there is an emergency please call 575-646-3311.