Validated end-user program

All other items are subject to standard EAR licensing requirements. The End-User Review Committee ERC , composed of representatives of the Departments of State, Defense, Energy, and Commerce, and other agencies as appropriate, is responsible for determining whether to add to, to remove from, or otherwise amend the list of VEUs and associated eligible items. Yes, applicants can ask the ERC to reconsider decisions with respect to the disposition of their own applications, and VEUs may ask the ERC to reconsider decisions with respect to amendments of their own VEU authorizations.

The ERC asks that any such request be made in writing and include information additional to that already provided to the ERC and specific to the basis for the request for reconsideration. Government consults on a regular basis with the governments of both China and India. Prospective VEU applicants should be aware that the governments of VEU-eligible countries may have their own requirements specific to the VEU program and application thereof.

For purposes of the EAR, a commercial shipment to a U. Embassy located outside the United States is an export or reexport to the country in which the U. Embassy is located the host country. For example, a shipment from the United States to the U. Embassy in Germany is an export to Germany. BIS may require a license under the EAR for such an export, based on the classification of the items involved and the license requirements applicable to the particular host country.

These shipments are exports because they are being shipped to destinations outside the United States. License requirements are those that are applicable to the destination.

Certain license exceptions may also be available. Like shipments to U. Embassies outside the United States are exports or reexports to the host country. License requirements are those that are applicable to the host country. There may also be relevant license exception availability see below. Note, however, that BIS does not treat the shipment of items via official diplomatic pouch to an embassy or consulate in a third country host country as a transaction covered by the destination-based licensing requirements set forth in the EAR.

So long as the items remain within the ownership and control of the embassy or consulate in the host country, no license is required under the EAR. The items may also be returned to the home country via diplomatic pouch or shipped to other foreign embassies and consulates via diplomatic pouch without authorization from BIS. However, if the embassy or consulate resells or disposes of the items locally in the host country, licensing requirements set forth in the EAR for exports to the host country would be implicated.

Similarly, reselling or disposing the items to end users outside of the host country would implicate reexport licensing requirements set forth in the EAR, to the extent the items are not shipped via diplomatic pouch. For purposes of the EAR, shipments to embassies abroad are considered exports or reexports to the host country. License requirements for exports or reexports to the home country of the embassy are not directly applicable. Information about a proposed transaction may suggest that the embassy is not the true ultimate destination of the shipment.

For purposes of the EAR, the export or reexport of items subject to the EAR that will be transshipped in a country or countries to a new country or are intended for reexport to the new country are deemed to be exports to the new country. Yes, exports to non-U. GOV does not authorize, however, the export of items to cooperating government embassies located outside of cooperating government or Country Group B destinations.

Exporters are advised to contact OFAC for further clarification. OFAC may be contacted at For purposes of the EAR, shipments to embassies abroad are considered exports or reexports to the host country, even in the case of an embassy of a country subject to multilateral or unilateral economic sanctions.

However, regulations maintained by OFAC may also restrict a transaction of this nature. Microsoft Internet Explorer version 6. Adobe Acrobat Writer or another utility capable of creating PDF files if you want to upload supporting documents. If you are the first of your company and therefore the one requesting the CIN, you will be instructed on how to activate a user account while obtaining the CIN via email. You need to use the link sent in the email to activate the account.

If your CIN has already been established but your SNAP-R Account Administrator is no longer with your company — and — there are no other active users for your company: For security reasons, the SNAP-R Help Desk does not create new users for a company, so you will need to reregister using the on-line registration process.

Due to the implementation of the on-line registration system, certification letters are no longer required and companies no longer need to claim what type of company they are during the registration process all new registrants are considered to be First Party. The information will be collected during the Work Item submission process. The system will default the Work Item Party Indicator on new submissions as follows:.

Remember, no matter what the Work Item party indicator is defaulted to, you always have the option to change it. A Work Item is one of the four types of submissions that can be made through SNAP-R: applications for export licenses, applications for re-export licenses, requests for commodity classifications, and requests for agriculture exception notices.

These include acknowledgements of the receipt of your Work Item submissions, requests for additional information, and validation and license approval notices.

Additionally, your email address is utilized to notify you when the SNAP-R Account Administrator resets your password or that your email address has been changed one goes to the old address and one to the new address verifying the change was requested. In Internet Explorer 6. For other browsers, see the help documentation to determine how it indicates that secure communication is taking place. Therefore set up a new role of Account Administrator within SNAP-R for companies to do so and have some control on who is allowed to make changes to their own information.

BIS established a deadline of days from the effective date of the final rule see above for someone from a company who had registered using the prior paper-process to accept the role of account administrator. From February 9, — June 9, users were allowed access to their account without anyone from their company having to accept the role. From June 10, — September 8, users are denied access to their account until someone from their company accepts the role of account administrator.

Once the account administrator role for said company is filled, every user for that company will have access to their account. From September 9, — forward: the company will need to reregister using the on-line registration process, at which time the person filling out the form will automatically be assigned the role of account administrator. For preexisting accounts, as an additional security measure, these three functions will not be available for the first two weeks from the date the initial account administrator role is filled.

BIS wanted to make sure companies had enough time to correct rogue employees from claiming those rights and locking other users out of the system.

If a password needs to be reset or accounts need to be terminated in the interim, contact the SNAP-R Help Desk via e-mail at snapr bis. Updates to email addresses will need to wait for the two weeks to pass, as the SNAP-R Help Desk does not have authority to update information due to system security measures. If possible, you can have them update a current user to be an administrator and then the new administrator can remove the administrator functions from the user who initially claimed the role.

After June 9, you will need to reregister using the on-line registration process. If an account administrator for your company has not been established, another user from your company will need to do so otherwise you may contact the SNAP-R Help Desk via e-mail snapr bis. After a password reset, you are required to change your password again from the User Profile Management screen. From this link you can assign permissions for any Work Item under your control to any other SNAP-R users within your company, regardless of whether or not that Work Item has been submitted.

A direct link to the relevant section of that document is provided on the "Manage User Rights" page. However, we need to be able to access all draft and submitted Work Items created by that user. They will be able to assist in the reassignment of ownership of the affected Work Items to any other SNAP-R user within your company, allowing these Work Items to be viewed, edited, and submitted by that user.

This situation can be avoided by having a policy of giving at least two people administrative rights to each Work Item. You need to register the company via the on-line registration process. The email may have been flagged as spam so try the following in order: Check your spam folder Trust emails from the snapr. There is an expiration of five 5 days for each of the following actions: Email verification Setting up a new account New user creation Resetting of passwords If the five 5 days have passed, then the action must be resubmitted i.

This message type informs you of intermediate status changes to the Work Item in question. One intermediate status is Accepted the application has been received by BIS and accepted for processing. A Work Item may also be rejected, if it could not be processed due to inaccurate or incomplete information, which is also communicated to the user as an acknowledgement.

This message type informs you of final status changes to the Work Item in question. The four final statuses are Approved license granted , Approved with Conditions license granted with conditions that need to be adhered to , Return without Action no license was issued, often times because the application was 'cancelled' per the exporter's request - see question 8 , and Denied.

If the Work Item was approved, a license is also issued and is part of the validation. This message type informs you that further information is needed by BIS in order to further process the Work Item in question.

You can respond with a text message and can optionally attach documents. This is the only message type to which you can directly respond to. It was determined that the Licensing Officers do not want open ended message threads between them and Exporter Users.

For each message sent from the Licensing Officer, there is only one reply allowed from an Exporter. The Licensing Officer must initiate the message. When the Work Item has been validated, then the message flow will be closed even if the Exporter has not replied to a message from the Licensing Officer. Note: The Licensing Officer may initiate a new message after the Work Item has been validated and the exporter may reply. This requirement guarantees that BIS employees can view any submitted document, since BIS does not have access to the numerous specialized pieces of software that exporters or manufacturers use to generate their documentation.

In addition, the possibility of a virus being transmitted with formats like Microsoft Word poses a security concern. Yes, but not directly. You can contact the Office of Export Services at , or who will notify the BIS licensing officer assigned to the application case and inform them of the problem. You can then copy your application, correct the error s , and resubmit it to BIS. The licensing officer will subsequently send you a message requesting the documentation.

You can then attach the documentation to your response. A new Work Item will be created with the same content as the parent copy.

Please note that documents attached to the original Work Item are not copied and attached to the new Work Item by default. I made changes to a Work Item before leaving my desk for an extended period of time.

What happened? Certifications and all records relating to VEU must be retained by exporters or reexporters in accordance with the recordkeeping requirements set forth in part of the EAR. These reports must include, for each validated end-user to whom the exporter or reexporter exported or reexported eligible items:.

A The name and address of each validated end-user to whom eligible items were reexported;. B The eligible destination to which the items were reexported;. Records related to activities covered by authorization VEU that are maintained by exporters, reexporters, and validated end-users who make use of authorization VEU will be reviewed on a periodic basis.

Upon request by BIS, exporters, reexporters, and validated end-users must allow review of records, including on-site reviews covering the information set forth in paragraphs e and f 1 of this section. Exporters and reexporters shipping under Authorization VEU and persons transferring in-country under Authorization VEU are required to provide the VEUs to which they are shipping or transferring notice of the shipment or transfer.

Such notification must be conveyed to the VEU in writing and must include a list of the VEU-authorized contents of the shipment or transfer and a list of the ECCNs under which the VEU-authorized items in the shipment or transfer are classified, as well as a statement that the items are being, will be, or were shipped or transferred pursuant to Authorization VEU. Notification of the export, reexport or transfer in-country to the VEU must be made within a timeframe agreed to in writing by the VEU and the person exporting, reexporting or transferring in-country.

The VEU and the person exporting, reexporting or transferring in-country must agree to the notification timeframe prior to the initial shipment or transfer under Authorization VEU.

Depending on the agreement between the VEU and the person exporting, reexporting or transferring in-country , a notification may be for individual shipments or for multiple shipments. Exporters, reexporters and VEUs are required to maintain the notifications they send or receive in accordance with their recordkeeping requirements.

VEUs that are subject to item-specific conditions and have received items subject to such conditions under Authorization VEU are no longer bound by the conditions associated with the items if the items no longer require a license for export or reexport to the PRC or India, as applicable, or become eligible for shipment under a license exception to the destination. Items that become eligible for export without a license and that remain subject to the EAR may only be exported, reexported, transferred in-country or disposed of in accordance with the requirements of the EAR.

Termination of VEU conditions does not relieve a validated end-user of its responsibility for violations that occurred prior to the availability of a license exception or prior to the removal of license requirements. Records of items that were shipped under Authorization VEU prior to the removal of a license requirement or the availability of a license exception remain subject to the review requirements of paragraph f 2 of this section on and after the date that the license requirement was removed or the license exception became applicable.

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