Below are the steps to take to submit a Classification Request to BIS via BIS’s electronic filing system called SNAP-R. This is assuming you have already registered an account in SNAR-R.

Step 1: Prior to making you submission it is extremely helpful to understand the ECCNs under Cat. 5 Part 2 and whether the products you want to export are described by either Section 740.17(b)(1), (b)(2) or (b)(3) of the Export Administration Regulations (EAR).

Note: Items described under 740.17(b)(1) do not require a classification be submitted to BIS, rather a self-classification report can be done, however, if a classification is completed by BIS for an item, that item does not need to be reported in a self-classification report.

Step 2: If you are not the manufacturer or producer of the products, determine whether the manufacturer or producer has filed a License Exception ENC classification request. If the manufacturer or producer has filed an ENC classification, then you may export based on the manufacturer’s classification and ENC authorization for  the product. If you are the manufacturer or producer, or if you cannot obtain the manufacturer’s classification information, then follow the steps below.

Step 3: Go to the main SNAP-R screen and select Classification Request, then check the encryption checkbox. Block instructions:

Block 9: A pulldown list will appear in the Special Purpose block. Select "License Exception ENC."
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): Enter 5A002, 5A003, 5A004 or 5A992.c for hardware, 5D002 or 5D992.c for software, or 5E002 or 5E992 for technology.
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 ...). Comments such as "See letter of explanation" or "See brochure" are NOT sufficient. The information identified in this block is printed on the CCATS response issued by BIS. All other blocks or block portions appropriate for review requests should be completed in accordance with Part 748 of the EAR.


Step 4: Attach Support documents
-    For items described in 740.17(b)(2) or (b)(3), there are two support documents required:
     o    Supplement No. 6 to Part 742 Encryption Questionnaire: If the classification request if for an item described under 740.17(b)(2) or (b)(3) be sure to prepare a PDF document containing the information in Supplement No. 6 to Part 742 of the EAR. Complete all questions. Be sure to address question number 11 and 12  as to whether and how the item meets the criteria set forth in 740.17(b)(2) and (b)(3), respectively.
     o    Data sheet, technical specifications, or marketing brochures for the product(s).

-    For items not described in 740.17(b)(2) or (b)(3), the Supplement 6 information is not required, however, you must provide sufficient documentation of the product's features in order for BIS to make an accurate determination. Typically this includes a data sheet and information on the encryption functionality of the product.

-    Other information that is not required but can be  helpful:
     o    Cover letter or Letter of Explanation: to provide the licensing officer with information on the product and how it uses encryption functionality.
     o    ECCN: Include what you think is the appropriate ECCN with an explanation of why.
     o    Mass Market Explanation: Supporting material such as Mass market support is also appropriate.

Step 5:. You may include up to six items on a classification. Supplement 1 to Part 748 provides general multipurpose application instructions.

Step 6: Submit the application to BIS electronically through SNAP-R. You will obtain an Application Control Number that begins with the letter Z. Use this number in all communications with BIS about your classification request.

Step 7: Export items described by Section 740.17(b)(2) or (3) immediately if you obtained a classification request from the producer, or thirty (30) days after the submission of a classification request to BIS in accordance with Section 740.17(d). Items submitted for classification may be immediately exported to countries listed in Supplement No. 3 to Part 740.

   
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