Is EAR certification required in Private PAIR?

Yes. Private PAIR allows anyone associated with a customer number to view patent application information before the application has received a foreign filing license. Thus, persons located outside the United States or a foreign national inside the United States can view patent application information prior to the issuance of a foreign filing license. Access to such technology and/or software by any person located outside the U.S. or by a foreign national inside the U.S. constitutes an export that may require a license from the U.S. Users of Private PAIR will be required to certify in the future that they are using the digital certificate for access in a manner that doesn't violate or circumvent the EAR.

USPTO FAQ - Questions and Answers (30JAN2008)