Nuclear Export Controls

DOE's 10 CFR Part 810, Assistance to Foreign Atomic Energy Activities, regulates certain assistance by U.S. persons related to foreign nuclear activities.

Part 810 may apply to activities involving:

• Transfers of certain unclassified nuclear technology.
• Technical assistance.
• Consulting or technical services.
• Certain research collaborations involving foreign nuclear activities.
• Providing foreign persons access to controlled nuclear technology.
• Other participation or assistance related to the development or production of special nuclear material outside the United States.

Part 810 distinguishes between activities that are generally authorized and activities requiring specific authorization from the Secretary of Energy.

Whether an activity qualifies for general authorization depends on the destination, technology, activity, and other regulatory conditions.

Certain sensitive nuclear technologies require specific authorization regardless of destination.

Researchers should contact ORS before providing nuclear-related technology, technical assistance, or other services to foreign persons or organizations when Part 810 may apply.

The NRC regulates the export and import of certain nuclear equipment, materials, and facilities under 10 CFR Part 110.

Part 110 may apply to international transfers involving:

• Nuclear materials.
• Nuclear reactor equipment or components.
• Certain nuclear facilities.
• Other equipment or materials identified within NRC jurisdiction.

Part 110 provides for both general licenses and specific licenses depending on the item, destination, quantity, end use, and other regulatory requirements.

A general license permits specified transactions when all applicable regulatory conditions are met. Other exports or imports require a specific NRC license before the transaction may proceed.

ORS can assist researchers in determining whether NRC export or import requirements apply and coordinate with the appropriate University offices.

Some nuclear-related equipment, software, and technology fall under the jurisdiction of the U.S. Department of Commerce rather than DOE or NRC.

These items may be subject to the Export Administration Regulations (EAR) and classified on the Commerce Control List or designated EAR99.

Examples may include certain:

• Nuclear-related laboratory equipment.
• Measurement and detection equipment.
• Software.
• Materials.
• Components.
• Dual-use nuclear technologies.

The applicable federal jurisdiction must be determined before the appropriate classification and authorization requirements can be evaluated.

ORS can assist with export control jurisdiction and classification determinations.

Nuclear export control requirements may apply even when no physical equipment or material is shipped internationally.

Additional review may be required when researchers:

• Provide technical assistance to foreign organizations or individuals.
• Participate in international nuclear research collaborations.
• Provide foreign persons access to controlled nuclear technology.
• Share nuclear-related software, designs, specifications, or technical information.
• Conduct consulting or training related to foreign nuclear activities.
• Work with foreign nuclear facilities or organizations.
• Transfer controlled technology electronically.

Whether authorization is required depends on the applicable regulatory framework, technology involved, destination, recipient, end user, end use, and other circumstances.

Physical exports of nuclear materials, equipment, components, or other nuclear-related items may fall under NRC, Commerce, or other federal jurisdiction.

Researchers should not ship or hand-carry nuclear-related equipment or materials outside the United States until the applicable export control jurisdiction and authorization requirements have been determined.

ORS can assist in determining:

• Which federal agency has jurisdiction.
• Whether an export classification is required.
• Whether a general authorization or general license applies.
• Whether specific U.S. Government authorization is required.
• Whether additional sanctions or restricted-party requirements apply.

Providing foreign persons access to certain nuclear technology may be regulated even when the activity occurs within the United States.

Depending on the technology and applicable regulations, foreign-person access may require review under:

• 10 CFR Part 810.
• The Export Administration Regulations.
• Other applicable federal requirements.

Researchers should contact ORS before providing foreign national personnel access to controlled nuclear technology when they are uncertain whether additional authorization is required.