U.S. Energy Department Publishes Proposed Revisions to Nuclear Export Control Regulations

Some of the revisions are intended to reduce uncertainties for industry users concerning which foreign nuclear-related activities conducted by U.S. persons are ‘‘generally authorized’’ (i.e., not requiring additional approvals from the agency) under the regulation and which activities require a ‘‘specific authorization’’ (i.e., requiring additional approvals from the agency). The proposed rule provides that persons subject to the jurisdiction of the United States who engage directly or indirectly in the production of special nuclear material outside the United States must be authorized to do so by the Secretary of Energy.

Other proposed revisions include: (1) making clear what types of technology transfers, which can include either technical data or technical assistance, fall within the scope of the regulations; (2) providing for added technical clarity of certain terms and technology; (3) revising, deleting, and adding definitions for certain terms including “basic scientific research”; (4) identifying the information required to be provided by applicants for a Part 810 authorization, including requests for authorization of ‘‘deemed exports’’; and (5) updating points of contact to reflect the current Department of Energy organizational structure.

If you would like additional information on the proposed rules, or would like assistance in preparing comments for submission, please contact us.