In a follow-up to our reporting earlier this month, the U.S. Federal Emergency Management Agency (FEMA) published exemptions to the temporary rule preventing the export of certain scarce threatened materials from the U.S. The rule was put in place to allocate critical materials for domestic use, and you must secure explicit approval from FEMA to export them.

The exemptions to the temporary rule are as follows:

1. Shipments to U.S. Commonwealths and Territories, Including Guam, American Samoa, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands (Including Minor Outlying Islands)
2. Exports of Covered Materials by Non-profit or Non-governmental Organizations that are Solely for Donation to Foreign Charities or Governments for Free Distribution (Not Sale) at their Destination(s)
3. Intracompany Transfers of Covered Materials by U.S. Companies from Domestic Facilities to Company-owned or Affiliated Foreign Facilities
4. Shipments of Covered Materials that are Exported Solely for Assembly in Medical Kits and Diagnostic Testing Kits Destined for U.S. Sale and Delivery.
5. Sealed, Sterile Medical Kits and Diagnostic Testing Kits Where Only a Portion of the Kit is Made Up of One or More Covered Materials That Cannot be Easily Removed Without Damaging the Kits
6. Declared Diplomatic Shipments from Foreign Embassies and Consulates to their Home Countries. These May be Shipped via Intermediaries (Logistics Providers) but are Shipped from and Consigned to Foreign Governments
7. Shipments to Overseas U.S. Military Addresses, Foreign Service Posts (e.g., Diplomatic Post Offices), and Embassies
8. In-Transit Merchandise: Shipments in Transit through the United States with a Foreign Shipper and Consignee, Including Shipments Temporarily Entered into a Warehouse or Temporarily Admitted to a Foreign Trade Zone
9. Shipments for Which the Final Destination is Canada or Mexico
10. Shipments by or on behalf of the U.S. Federal Government, including its Military

You can view the full notice here.

Trans-Border will continue to monitor the situation and keep you informed of any new developments. If you have any questions, please reach out to Yateen Patel, Director of Export Compliance, at ypatel@tbgfs.com or (800) 493-9444.