What does EAR99 actually mean?
It means no Commerce entry describes your item. It does not mean you can ship it anywhere, and it is not a licence.
Written for: Anyone told their product is EAR99
The short answer
- EAR99 means no Commerce entry describes the item, nothing more.
- End use, end user, and sanctions controls still apply.
- A supplier's statement is an input to your determination, not a substitute.
- The determination is configuration specific and needs a date and a source.
What it is
EAR99 is a designation rather than a control number. It applies to items that are subject to the Export Administration Regulations but are not described by any entry on the Commerce Control List. Most commercial goods land here, which is why so many suppliers state it without much ceremony.
What it is not
EAR99 is not a finding that no licence is required. End use controls, end user controls, and sanctions all reach EAR99 items and apply on the basis of who is receiving the item and what it will be used for, not on the basis of the item's classification. An EAR99 item going to a listed party or a prohibited end use needs authorization exactly as a controlled item would.
How people get it wrong
The common mistake is treating a supplier's EAR99 statement as your determination. It is an input. Their statement describes their configuration, and yours may differ. The second mistake is skipping party screening because the item is EAR99, which is the specific gap the end user rules exist to close.
What to do with it
Record how you reached EAR99, against which configuration and revision, with the date and the version of the list you checked. Then screen the parties anyway, every time, and keep the dated result.
The rules behind this
- 15 CFR 734.3
- 15 CFR 744
- 15 CFR 746
- 15 CFR 774
This is a plain reading of published rules, not legal advice, and it is not a determination about your item. What decides your case is your exact configuration, your parties, and your destination. The limits, in full.
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Related questions
ITAR or EAR, which one applies to me?
Two regimes, two agencies, and the wrong guess is expensive. The test is what the item is and what it was designed for, not what industry you are in.
Can I hire an engineer who is not a U.S. citizen?
Yes. Export control regulates what you show them, not who you employ, and treating it as a hiring rule creates a different legal problem.
What is a deemed export?
Showing controlled technology to a foreign person inside the United States counts as exporting it to their country. Nothing has to ship.
Does encryption in my product trigger export controls?
Often yes, and it is a separate question from whatever else the product does. There are workable exceptions, and each has conditions you must actually meet.