ML19209D159
| ML19209D159 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| RULE-PRM-40-22 NUDOCS 7910190474 | |
| Download: ML19209D159 (6) | |
Text
N T PIE LIC F 7 ME:C ",C'"'
NUCLEAR REGULATORY COMMISSION L Docket No. PRM-40-22_/
Defense Security Assistance Agency
' Notice is hereby given that Lieutenant General Ernest Graves, Director,
.i' Defense Security Assistance.4 ency, by petition dated August 3,1979, has 9
requested that the Nuclear Regulatory Coninission (NRC) add a new section 40.23 to the Commission's 10 CFR Part 40, Domestic Li'ensing of Source Material (currently effective as section 110,23 in 10 CFR Part 110, " Export and Import of Nuclear Facilities and Materiald') to provide:
(g) A general license is hereby issued authorizing the Departaent of Defense to export to any authorized country pursuant to the Arms Export Control Act or the Foreign Assistance Act of 1961 depleted uranium in munitions penetrators, provided that each such export is approved by the Department of State pursuant to either Act.
The petitioner states that the Department of Defense is now seeking statutory authority to sell or grant depleted uranium munitions on a government-to-government basis by amending the Arms Export Control Act and Foreign Assistance Act.
These acts currently do not include depleted uranium penetrators within the definition of a " defense article" which the Department of Defense is authorized to sell to foreigt
- ernments. The Department of Defense believes z
that statutory amendments to the Arms Export and Control Act and the Foreign Assistance Act, which would in effect include depleted uranium penetrators within the definition of a " defense article", are about to be adopted by the Congress in HR 3173, 96th Congress, the International Secur'ty Assistance Act of 1979.
In anticipation of this legislation, which will in effect authorize the Department of Defense to sell depleted uranium munitions on a government-to-government basis, petition is being made at this time for a general license for the 1174 195 474 7910190 Department of Defense to export depleted uranium contained in defense articles granted or sold on a government-to-government basis under the authority of the Foreign Assistance Act or the Ams Export Control Act.
The petitioner also states:
.[... The Department of the Amy, Navy, and Air Force have under development or have developed depleted uranium munitions which are designed to take -Jvantage of the high density of depleted uranium in order to ;btain desired weapons effects against heavily armored targets or for close-in airborne missiles. These munitions will also be made available to foreign governments under grant aid or military sales programs authorized by the Arms Export and Control Act and the Foreign Assistance Act.
Granting a general license to export depleted uranium penetrators would not be inimical to the common defense and security or constitute an unreasonable risk to the public health and safety.
Utilization of a general license for the export of depleted uranium munitions will require that the Department of Defense secure approval for any proposed sale of such munitions from the State Department and condition any sale on agreement by the recipient foreign government not to transfer depleted uranium munitions to another country without United States Government approval, not to divert depleted uranium munitions for uses other than their intended purpose, and to comply with United States Government requirements for inventory verification.
A copy of the petition for rule making is available for public inspection in the Commissirn's Public Document Room, 1717 H Street, N.W., Washington, DC.
\\\\74 196
3 A copy of the petition may be obtained by writing to the Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555.
,A,1.1 persons who desire to submit written coments or suggestions concerning the petition for rule making should send their connents to the Secretary of the Comtssion, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention:
Docketing and Service Branch by December 4,1979.
FOR FURTHER INFORMATION CONTACT:
Joseph M. Felton, Director Division of Rules and Records, Office of Administration, U.. Nuclear Regulatory Comission, Washington, DC 20555 Telephone: 301 <492-7211 Dated at Washington, DC this Q day of hgh1979.
ForthefuclearR latory Comission I
r wA K
w
[
Samuel J M ilk Secretary of thd Comission
\\\\14
\\91
's f
6 T~
r
, 'gy v
Qa.y /97e se DEFENSE SECURITY ASSISTANCE AGENCY
%4 i
WASHINGTON. D. C. 20301 b.
(
M
^
3 AUG 1979
=
G In Reply r To:
1-7287/79; 23 9 g ;; g4 m
Mr. Gerald G. Oplinger n.m
"" df lliiEnniy(]MP0a7
~
Assistant Director for Export / import and International Safeguards SFCROS
~
Nuclear Regulatory C ission p 40 -A Washington, D. C. 205 5
Dear Mr. Oplinger:
)
1 Y+
Department of Defense has been seeking statutory authority to sell or gyantj depleted uranium (DU) munitions on a government-to-government basis by amending the Arms Export Control Act (AECA) and Foreign Assistance Act (FAA).
T.hese acts as currently written do not include depleted uranium penetrators m
within the definition of a " defense article" which DoD is authorized to sell to foreign goverrments. We believe that statutory amendments to the E
AECA and FAA., which would in effect include DU penetrators within the definition of a " defense article", are about to be adopted by the Congress in HR 3173, 96th Congress, the International Security Assistance Act of 1979 In anticipation of this change to legislation, which will in effect authorize DoD to sell DU munitions on a government-to-government basis, application is being made at this time for a general license for DoD to export DV contained in defense articles granted or sold on a government-to government basis under the authority of the FAA or AECA.
Our recommended change to Section 40.23 of 10 CFR is at the first attachment.
We recognize that such a general license cannot be issued until these amendments are enacted, but early application may help expedite what we expect will be a lengthy interagency coordination process.
For that reason, specific export licenses are also requested at this time for the export of 20mm DU munitions by the Department of the Navy to Saudi Arabia and Israel to support the sale of the Phalanx Close-in-Weapons-System (CIWS). The sale of the ClWS to these countries has been made with the approval of the President and notice to the Congress has been given.
We request that this specific license be issued as soon as practicable af ter enactment of the amendments to the AECA and FAA.
Specific information on-the sale of the amendment to these countries is at the second attachment.
As part of the coordination process involved in the. sale of DU munitions, the Defense Security Assistance Agency'(DSAA) will-refer to the. State Department the request of any foreign government for DU munitions for proper'
~
foreign policy coordination prior to Defense is_suance of authorization for sale or grant of such munitions.
q
,,n Qc y#a
'] g. gh_), l Attachments hvwY (rnwer l'
/ ERB.'EST CRAVES ~
1.JEUTE.';GT CO2rst.'_, US.;
}7'j jgg 3
O'R ECTC't PEFENSE SECURITY ASS! STANCE AGENCY
(..
(
PETITION FOR GENERAL LICENSE This petition is submitted in accordance with 10 CFR Part 40 for a general license authorizing the Department of Defense to export depleted uranium in the form of munitions penetrators and as described
~~
in recent amendments to the Arms Export Control Act (AECA) and Foreign Assistance Act (FAA).
The Department of the Army, Navy, and Ai r Force have under development or have developed depleted uranium munitions which are designed to take advantage of the high density of DU in order to obtain desi red weapons effects against heavily armored targets or for close-in airborne missiles. These munitions will also be made ti+
available to foreign governments under grant aid or military sales programs authorized by the AECA and FAA.
Granting a general license to export DU penetrators would not be inimical to the common defense and security or constitute an unreason-E __
able risk to the public health and safety.
[g Utilization of a general license for the export of DU munitions will require that DoD secure approval for any proposed sale of such munitions from the State. Department and condition any sale on agree-ment by the recipient foreign government not to retransfer DU munit ons 8
to another country without USG approval, not to divert DU munitions for uses other than thei r intended purpose,. and to comply with USG requi re-ments for inventory veri fication.
SUGGESTED WORDING FOR SECTION 40.23,10 CFR (g)
A general license is hereby issued authorizing the Department of Defense to export to any authorized country pursuant to the Arms Export Control Act or the Foreign Assistance Act of 1961 depleted uranium in munitions penetrators, provided that each such export is approved by the Department of State pursuant to ei ther Act.
E 1174 199 e
- = = = = -
i s
PETITION FOR SPECIFIC LICENSE This petition is submitted in accordance with 10 CFR Part 40 for g
a specific license authorizing the export of depleted uranium in the form of munitions penetrators to the Government of Saudi Arabia and
~
israel.
U.S. shipbuilders have cor.structed and have under contract a number of ships for Saudi Arabia equipped with the Phalanx Close-in ef=
Weapons-System (ClWS).
Agreenent has been reached to provide CIVS
~=L to Israel for backfit on their ships. To date, the U.S. Navy has been
___j unable to export the amnonition for the weapons system because the EEEF" penetrater associated with the ammunition contains depleted uranium.
m.x,.,m_.s Depleted uranium is considered a " source material" for purposes of the Atomic Energy Act of 1954 and thus has been excluded from the term
==
" defense article" which may be transferred to foreign governments under the Arms Export Control Act.
However, recent amendatory legisla-tion now treats DU penetrators within the d2finition of " defense article".
q....
li k[:.
Granting a specific license to export penetrators containing depleted uranium would not be inimical to the common defense and security or constitute an unreasonable risk to the public health p
and safety and would provide the Royal Saudi Navy and Israeli Navy with munitions which are an integral part of their ships close-in-weapon-systems.
=
E..
h t-9 1174 200 7
e