EAR99 designation for items subject to the EAR — 15 CFR 734.3(c)
Designates items subject to the EAR that no entry on the Commerce Control List describes, reached only after every candidate entry is checked.
The entry, quoted as it reads today
(c) "Items subject to the EAR" consist of the items listed on the Commerce Control List (CCL) in part 774 of the EAR and all other items which meet the definition of that term. For ease of reference and classification purposes, items subject to the EAR which are not listed on the CCL are designated as "EAR99." Items subject to temporary CCL controls are classified under the ECCN 0Y521 series (i.e., 0A521, 0B521, 0C521, 0D521, and 0E521) pursuant to § 742.6(a)(8) of the EAR, while a determination is made as to whether classification under a revised or new ECCN, or an EAR99 designation, is appropriate.
Corpus last verified 2026-08-29. Skenai never shows unquoted regulation.
In plain language
EAR99 is a designation, not a control entry. Section 734.3(c) says items subject to the EAR include those on the Commerce Control List and all others meeting the definition. Items subject to the EAR and not listed on the List are designated EAR99.
The order of work matters. EAR99 is what remains after each candidate ECCN has been read against the hardware, at the end of a Descent. An article on the United States Munitions List is not subject to the EAR, and never becomes EAR99.
The section also names a holding state. Items under temporary controls are classified in the 0Y521 series while a determination is made about a revised or new entry. Those items are not EAR99 during that period.
The questions this entry turns on
- 01Is the item subject to the EAR in the first place, rather than a defense article on the USML?
- 02Does any entry on the Commerce Control List in part 774 describe the item?
- 03Has each plausible ECCN been read against the hardware before the designation is reached?
- 04Is the item under temporary controls in the 0Y521 series while a determination is pending?
Free, no account. Dossier $249 if you want the record.
What typically falls in, and what typically falls out
Typically in
- A consumer camera quadcopter flown within sight and below the 9A012 endurance thresholds, which typically meets the designation
- A machine-vision camera below the 6A003 pixel counts with no tracking annotation, typically meeting the designation
- An 8 bit microcontroller board below every 3A991 parameter, typically meeting the designation
Typically out
- A telemetry radio with AES-256 link encryption, typically described by 5A002 and so not EAR99
- A fixed-wing UAV with 90 minutes endurance flown beyond visual line of sight, typically described by 9A012
- A defense article on the USML, which is not subject to the EAR and cannot carry this designation
These are typical cases, not determinations. Which side a specific product lands on turns on the answers in the Interview.
Adjacent entries
- Non-military unmanned aerial vehicles and airships — ECCN 9A01215 CFR 774, Supplement No. 1, ECCN 9A012
- Information security systems and equipment — ECCN 5A00215 CFR 774, Supplement No. 1, ECCN 5A002
- Electronic devices and components not controlled by 3A001 — ECCN 3A99115 CFR 774, Supplement No. 1, ECCN 3A991
Does your product land on this entry?
The Interview asks 5 to 9 questions, only the ones this entry turns on, and names the Determination free. The Dossier is the dated, cited record of how it was reached.
Free, no account. Dossier $249 if you want the record.