ML19263D534
| ML19263D534 | |
| Person / Time | |
|---|---|
| Issue date: | 03/21/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Dutemple O AMERICAN NUCLEAR SOCIETY |
| Shared Package | |
| ML19263D535 | List: |
| References | |
| NUDOCS 7904090199 | |
| Download: ML19263D534 (4) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION c op Q
WASHINGTON. D. C. 20555 cof'(
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March 21, 1979
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OFFICE OF THE CH AIRM AN Mr. Octave J. DuTemple Executive Director American tiuclear Society 555 North.Lexington Avenue LaGrange Park, Illinois 60525
Dear Mr. DuT,
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Please excuse the long delay in responding to your December 15 letter concerning nuclear trading prospects with the People's Republic of China. While, as a regulatory agency, NRC cannot engage in promotional activities, I can appreciate your concern regardir g equality of oppor-tunity for U.S. and foreign nuclear exports to' China.
The Atomic Energy Act' of 1954, as amended by the duclear Non-Proliferation Act of 1978, requires that all special nuclear r.iaterial and facility (reactor) exports be subject to the terms of r.a agreement.for cooperation between the United States and the recipient nation.
Section 123 of the Atomic Energy Act sets forth the assurances the recipient country must provide the 'Jnited States as part of that agreement.
The United States does not have an agreement for cooperation with the People's Republic of China, and the Cormiission is unaware of any plans to negotiate such an agreement.
The Department of State and the Department of Erergy have the responsiblity for negotiating these agreements.
Until :here is an agreement for cooperation, the Commission may not authorize the export of nuclear facilities and special nuclear materials to China.
The Nuclear Non-Proliferation Act imposes additional criteria for U.S.
exports, but assessment of these cannot begin without reference to an agreement for cooperation.
I have also enclosed, for additional detail, a staff review of the applicable export licensing criteria.
I trust this information will be\\ of assistance to you.
\\Sin \\cerely,
\\
Jose 41. Hendrie Chainnan
Enclosure:
Staff Review of Export Licensing Criteria w/ Enclosure 79040Soiqq M
STAFF REVIEW 0F EXPORT LICENSING CRITERIA While the Comission cannot indicate in advance that prospective nuclear facility or nuclear component exports to China will or will not be given
' favorable consideration, I believe it will be helpful to review the applicable export licensing criteria of the Atomic Energy Act of 1954 (AEA), as amended by the NNPA.
The AEA requires that all special nuclear material and facility (reactor) exports be subject to the terms of an agreement for cooperation between the U.S. and the importing country or group of countries.
Also, all nuclear exports licensed by NRC are subject to a determination by the Comission and the Executive Branch that the export will not be inimical to the "comon defense and security" of the U.S.
In addition, Section 127 of the AEA establishes the enclosed criteria governing " exports for peaceful nuclear uses from the U.S. of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology".
Section 128 of the AEA also provides for the adoption of an additional criterion, the application of full-scope IAEA safeguards in importing non-nuclear weapons states, for exports taking place after March 10, 1980.
With respect to nuclear facility components and other items or substances licensed by NRC (i.e., heavy water and nuclear grade graphite),
Section 190 of the NNPA requires the application of only criteria 1, 2 and 4.
Turning to the Section 127 criteria first, as a nuclear weapons state China is technically act subject to the requirement in criterion 1 that IAEA safeguards be applied.
Nevertheless, it has generally been U.S.
Government policy to encourage application of safeguards to all nuclear exports, even when the importing country is a nuclear weapons state.
Criteria 2 through 4, along with criterion 1, generally equate with the internationally agreed upon export control guidelines of the nuclear suppliers group (which includes France and West Germany).
Criterion 5 is a unilateral U.S. requirement established by the NNPA.
It should be noted that criterion 5 currently applies only with respect to nuclear material exports and not to reactor exports, although the NNPA requires the U.S. to attempt to incorporate a provision which would also subject to criterion 5 material produced through the use of exported reactors in all new or amended agreements for cooperation.
Criterion 6 essentially involves technology exports which are under the jurisdiction of the Department of Energy.
With respect to the AEA requirement that exports of special nuclear material and nuclear facilities be pursuant to.an agreement for cooperation,
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_2-Inere is currently no such agreement in existence between the U.S. and C*ir.a and the Comission is unaware of any plans tc negotiate such an 1;ree.ent.
rina'. ly, all excorts to China would be subject to the noninimicality ce:e-ina ti n-h'ithout knowing the details of the particular proposed ex::r:, it is difficult to provide guidance in this area.
Enclo s ure :
Section 127, Atomic Er.ergy Act d
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4h 92 STAT.136 PUBLIC LAW 95-242-MAR.10,1978 I
C.rrrnti COvEENJNG CNITED STATES.YrCL Zur ExrORTs l
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Ssc. 005. Chapter 11 of the 1954 Act. as amended bv section 3N. is imi.cr umended by adding at the end thereof the idliowmg.
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-Stc. in. Curuu Gottns:sc.1:xirto s.crts NCcuan ExronT<.-
"Tia United E.ates adopts the fo!!owing caiteria which. in addition i
to ctae. recta.rements of lum will notern exports for neaceful nuclear
"*s f:cm t$e United States of source material,special sudearmaterial, prcchetion or utili:ation facilities, and any sensitive nuclear tech
- ology :
Tre.tv : rill be sonh;mards as required by Article III(2) of the
- 31) IAEA safe tus p' reposed to' h expcrted. pect to anv such material or facili-ed v ith rea
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to any such material or facilities prenously esported and subject to the applicable agreement for 1
cooperation. and to any special nuclear material used in or pro-duced through the use thereof.
-(S; No such material. facilities, or sensitive nuclear tech-sc!cq propoud to be esported or previously exported and subject to tIie r.pplicable agreement for cooperation. and no special nudear material produced throuch the use of such materials, j
facilities, or sensitive nuc! car tecimolop will be used for any nuclear explosive device or for researca on or development of ant nuclear esplosive device.
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L(3) Adequate physical security measures will be maintained with respect to suen 51aterial or facilities proposed to be exported
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and to any special nucient material used m or produced through the use thereof. Follotving the efective date of any regulations promulgated bv the Conunission pursuant to section 304(d) of the Nuclear hon-Proliferatio:i Act of 1978, physical security measures shall be deemed adequate if such measures provide a
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level of pmtection equivalent to that required by the applicable regulations.
-(4) No such materials. facilities, or sensitive nuclear tech-1 nology proposed to k esported, and no special nuclear material U
produced throuch the use of such material, will be retransferred f
to the jurisdiction of any other nation or group of nations unless the prior approval of 'the United States is obtained for such retransfer. In addition to other requirements of law, the United States mar approve such retransf;r only if the nation or group of nations' designated to receive such retransfer agrees that it shall be subject to the conditions required by this section.
r.uclear material produced'3roposed to be exported nnd no special
"(5) No such material through the use of such material vcill k reprocessed and no irradiated fuel elements containinc such material removed from a reactor shall be altered in form or y
cor. tent. unless the prior approral of the United States is obtained n
for such reprocessing or alteration.
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"(6) No such sensitive nuclear technology shall be exported unless the foregoing conditions shall be applied to any nuclear
- j material or equipment which is produced or constructed 'under the 1
jurisdiction of the recipient nation or group of nations by or through the use of any such exported sensitive nuclear i
technolorv.".
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