The BIS Licensing Process and Sudan

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• The BIS Licensing Process and Sudan
• Eric Longnecker
• Bureau of Industry and Security
• U.S. Department of Commerce
• February 15, 2007

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When to Submit a License for Sudan

• BIS licenses U.S.-origin items found on the
  Commerce Control List (CCL)
• This includes U.S.-origin items located outside
  of the United States
• BIS also licenses foreign-made items that contain
  over 10 controlled U.S.-origin parts

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How to Submit an Application
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Topics of Discussion

• Applying for an Export License or Classification
  Request from BIS
• Using the Simplified Network Application Process
  (SNAP-R)
• Who can apply?
• Sudan-specific issues

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Applying for An Export License or Classification

• Submit application to BIS either via
• Online using SNAP-R (Simplified Network
  Application Process), or
• Form BIS-748P, Multipurpose Application Form
• SNAP-R is the fastest way to submit export
  application forms

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SNAP-R
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What Is SNAP-R?

• SNAP-R enables exporters to submit license
  applications directly to BIS via the internet in
  a secure environment
• It has several features that enhance the license
  application process for both the exporters and
  the licensing officers.

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SNAP-R New Features

• SNAP-R allows exporters to submit supporting
  documentation electronically.
• It also allows for messaging between the
  licensing officer and the exporter through the
  SNAP-R system.
• It allows other agencies in the license review
  process to view documents on-line.

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Benefits of SNAP-R

• SNAP-R is provided at no cost to the exporting
  community
• Built-in system edits fewer rejections
• Applications and forms are
• Easier to fill out and submit directly to BIS via
  the internet
• Processed throughout the day to expedite approval

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Registering for SNAP-R

• Go to the Pin Request page and fill out either
  the Electronic Submission Letter or the SNAP-R
  Third Party Submission Letter if you are a
  third-party submitter.
• Company certification is required
• Should receive user ID and pin within 48 hours

http//www.bis.doc.gov/snap/pinsnapr.htm
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System for Tracking Export License Applications

• STELA
• [phone]
• Enter Application Control Number, using the
  number 9 for the letter Z

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How to Obtain More Info

• For more information
• BIS homepage at http//www.bis.doc.gov/snap/index
  .htm
• SNAP-R http//snapr.bis.doc.gov/
• Phone [phone] or 482-2227

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Key Information

• Specific end-use of the Items
• Adequately describe how the end-user will use the
  item in block 21
• Description of Commodity or Technical Data
• Be specific in describing the item being exported
  block 22(j)
• Attach additional technical specifications to
  describe the item fully
• BIS may request additional information beyond
  that required in EAR to shed light on transaction

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BIS-748P Multipurpose Application Form

• If using the paper form
• Must be typewritten
• Leave inapplicable blocks blank
• Sign the application manually
• Incomplete forms will be delayed or returned
  without action

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BIS Application forms

• Multipurpose Application BIS-748P
• Item Appendix BIS-748P-A
• End-user Appendix BIS-748P-B

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Sending the Application

• Via Courier (recommended)
• Office of Exporter Services
• U.S. Department of Commerce
• 14th Pennsylvania Ave. N.W., Room 2705
• Washington, DC 20230
• Via Mail
• Office of Exporter Services
• Post Office Box 273
• Washington, DC 20044

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Sudan-Specific Issues

• BIS and OFAC share licensing jurisdiction for
  Sudan.
• BIS requires licenses to Sudan only for items on
  the Commerce Control List (CCL).

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Basics About BIS Licenses

• BIS has jurisdiction over U.S.-origin dual-use
  items
• Licenses are valid for shipments for two years
• Exporters may estimate quantities that they will
  need over that time period
• Multiple shipments are allowed
• The BIS license authorizes the export of a
  specific quantity of items to specific end-users
• They are narrower than OFAC licenses

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Items Requiring BIS Licenses to Sudan

• Computers and software
• Telecommunications equipment
• GPS equipment
• Civil aircraft
• Armored cars/trucks
• Large off-road and on-road trucks (9 metric tons
  or larger)

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Sudan Licensing Basics

• Provide technical specifications of items for
  export
• Make sure to provide an Adjusted Peak Performance
  (APP) value for any computer exported
• If you have questions on this value, contact the
  manufacturer
• You can also check Intels web site if your
  computer has an Intel processor

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Sudan Licensing Issues

• Sudanese end-users
• Please provide as much information on any
  Sudanese end-users as you can up front.
• Sudan is an a country that has been closed off
  from U.S. exports for several years, so the U.S.
  Government is not familiar with many end-users
  there.

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Sudan Licensing Issues

• We have set up a two-step licensing process for
  applications involving Sudanese end-users.
• This allows the NGO to export the items for use
  by the Sudanese groups, but it does not allow
  them to transfer ownership of the items to the
  Sudanese groups.
• In order to get such authorization, the NGO would
  have to submit a second license to transfer the
  items once their project was finished.
• If NGOs and USAID are able to provide sufficient
  information about these groups at the beginning
  of the licensing process, we may be able to avoid
  this process in the future.

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License Exception TMP for Sudan

• Since February 2005, qualified NGOs have been
  able to export certain CCL items to Sudan without
  a license for up to one year.
• This License Exception was primarily put in place
  to allow for NGOs to quickly respond to
  humanitarian crises.
• This License Exception does not allow you to
  export items to get them to Sudan quickly so you
  can deal with the licensing process at a later
  date.

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License Exception TMP for Sudan

• The License Exception covers
• Computers with an APP of 0.0015 or less (ECCN
  4A994)
• Mass market software (ECCN 5D992)
• Telecommunications equipment (ECCNs 5A991 and
  5A992)
• GPS equipment (ECCN 7A994)

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Contact Info

• Eric Longnecker
• Phone [phone]
• Fax [phone]
• Email elongnec_at_bis.doc.gov
• BIS web site www.bis.doc.gov