“EAR99” is the catch-all designation for export controlled technology which is not specifically identified on any U.S. export control list (e.g. ITAR’s US Munitions List, EAR’s Commerce Control List, or NRC/DOE regulations).
EAR99 is applied to low-risk technology that does not merit a specific control list number, but merits control. The majority of commercial products are designated EAR99 and generally will not require a license to be exported or reexported. However, if you plan to export an EAR99 item to an embargoed or sanctioned country, to a restricted party , or in support of a prohibited end-use, you may be required to obtain a license.
All tangible technology is at least EAR99 and therefore subject to export restrictions as identified above.
For technical data, EAR99 is intended to apply limited controls to technology that falls in the gray area between those with specific export controls categories (ECCN, USML, etc.) and “information that is publicly available”. Because it is export controlled, you cannot publish EAR99 data without the technology owner’s permission.
It is UC’s policy that while EAR99 technology is considered “export controlled”, acceptance of EAR99 technical data in the conduct of research is acceptable when no known prohibited entities will receive EAR99 technology. Foreign nationals from countries like Sudan, Syria, North Korea, and Cuba are prohibited from receiving EAR99 technology. Organizations and individuals identified on the restricted parties lists may also be barred (e.g. Sichuan University staff).
Because EAR99 technology is present in every building and lab at LBNL, at a minimum, we must screen all visitors, guests, and staff against the restricted parties lists prior to granting access.
Receiving technical data above the EAR99 level for LBNL research will usually require a Technology Control Plan if approved by LBNL Export Control.