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Below are the steps to take to export under Sections 740.17(b)(2) or (b)(3) of the EAR:
Step 1: Determine whether the products you want to export are described by either Section 740.17(b)(2) or (b)(3) of the EAR and therefore require a License Exception ENC classification. If so, then proceed to the next step.
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 immediately based on the manufacturer’s classification of 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: 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.” Complete and attach a PDF version of Supplement No. 5 to Part 742.
Step 4: Return to the main SNAP-R screen and select Classification Request, then check the encryption checkbox. Block instructions:
Block 9 A pull down 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 for hardware, 5D002 for software, or 5E002 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 ...) 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 5: Prepare a PDF document containing the information and documentation described in Supplement No. 6 to Part 742 of the EAR. Attach this and other product information.
Step 6: Supplement 1 to Part 748 provides general multipurpose application instructions. Apply over the Internet using BIS's SNAP-R. You may include up to six items on a classification.
Step 7: 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 8: Export items described by Section 740.17(b)(2) or (3) immediately if you obtained a classification request from the producer or thirty-days (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.