Below are the steps to take to export under Section 742.15(b)(3) of the EAR.
Step 1: Determine whether the products you want to export qualify for mass market treatment under the criteria in the Cryptography Note (Note 3) of Category 5, Part 2 (“Information Security”), of the Commerce Control List (Supplement No. 1 to part 774 of the EAR). If so, proceed to the next step.
Step 2: Determine that the products are mass marketed encryption components (chips, electronic assemblies, crypto libraries), toolkits, development kits, and non-standard crypto items described in 742.15 (b)(3) of the EAR.
Step 3: If you are not the manufacturer or producer of the products, determine whether the manufacturer or producer has filed a Mass Market classification request. If they have, you may export immediately based on the manufacturer’s Mass Market classification.
Step 4: Register for Simplified Network Application Process Redesign (SNAP-R). After you have received your Company Identification Number (CIN) and have activated your account, within SNAP-R select “Encryption Registration.” If required, complete the encryption registration by attaching a PDF version of Supplement No. 5 to Part 742.
Step 5: Return to the main SNAP-R screen and select “Classification Request” and check the encryption checkbox. Block instructions:
Block 9 A pull down list will appear in the Special Purpose block. Select “Mass Market Encryption."
Block 14-15 Be sure the information in these blocks is complete and correct, because this is where the official response from BIS will be sent. If both blocks are filled in, the official response will be sent to the individual or entity identified in Block 15.
Block 22(a) For hardware, enter 5A992. For software, enter 5D992.
Block 22(c) Enter the product name with model number, if available.
Block 22(i) Enter the name of the manufacturer. If you will sell the product under your company's label, then enter the name of your company in the manufacturer block.
Block 22(j) Provide a brief technical description including the basic purpose of the encryption item (e.g., XYZ is a PDA used for ...) and the type of encryption used in the software (e.g., 168-bit Triple DES for secure e-mail, 1024-bit RSA for key exchange). Comments such as ''see letter of explanation" or ''see brochure" are not sufficient. The information identified in this block is entered directly into the BIS license application database, and will be printed on the official response issued by BIS. A brief technical description is essential. All other blocks or block portions appropriate for review requests should be completed in accordance with Part 748 of the EAR.
Block 24 Insert your most recent encryption registration number (ERN).
Step 7: Submit the application to BIS electronically through SNAP-R and attach supporting documents prepared in Step 5 above. Supporting documents include a justification of how the item(s) meets the criteria of the Cryptography Note as well as the documentation required by Supplement No. 6 to Part 742. Supplement No. 6 to Part 742 of the EAR contains details regarding the technical information you must submit. You will obtain and Application Control Number that begins with the letter Z. Use this number in all communications with BIS about your classification request.
Step 8: Items described by Section 742.15(b)(3) may be exported immediately thirty-days (30-days) after the submission of a classification request to BIS in accordance with 742.15(b)(7). Section 742.15(b)(3) authorizes exports and reexports of the mass market items submitted for classification, using the symbol “NLR”, provided the items qualify for mass market treatment as described in paragraph (b) of this section and are classified by BIS under ECCNs 5A992 or 5D992.