International Trade Law News

The Bureau of Industry and Security (BIS) published in today's Federal Register a final rule amending Part 748 of the Export Administration Regulations to require that following types of submissions must be submitted to BIS via its Simplified Network Application Process Redesign (SNAP-R) web-based system unless BIS specifically authorizes the submission of a paper form:

• Export license applications (other than Special Comprehensive License and Special Iraq Reconstruction License applications);
• Reexport license application;
  
• Classification requests;
• Encryption review requests;
• License Exception AGR notifications;
  
• All documents submitted in support of or related to the above submissions.

This final rule is effective October 20, 2008.

The final rule indicates that BIS will authorize paper submissions in only a few limited situations, including where:

1. BIS has received no more than one submission from the party in the twelve months immediately preceding the current submission, i.e., the combined total of the party's license applications (other than Special Comprehensive Licenses), encryption review requests, License Exception AGR notifications, and classification requests could not exceed one;
2. The submitter does not have access to the Internet;
3. BIS has rejected the party's electronic filing registration or revoked its eligibility to file electronically;
4. BIS has requested that the party submit on paper for a particular transaction; or
5. BIS has determined that urgency, a need to implement government policy or a circumstance outside the submitting party's control justifies allowing paper submissions on a particular instance.

The final rule also provides BIS's response to the various comments submitted by the public on the proposed version of this rule that was published on October 19, 2007.

Labels: BIS