Text

Requests Formal Action Re Issuance or Denial of Export License Applications
	ML20023D746
Person / Time
Site:	07002410
Issue date:	01/10/1983
From:	Schimmel R; MONSANTO RESEARCH CORP.
To:	; NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
	RLS-2160, NUDOCS 8306020677
	Download: ML20023D746 (3)
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NB P.1 R 4J MONSANTO RESEARCH CORPORATION Dayton Laboratory 1515 Nicholas Road P. O. Box 8. Station B

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't,ellh*[gCELa Phone: (513) 268-3411 Twx sio-4ss-isst 10 January 1983 Director of Nuclear Materials, Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Sir:

RLS-2160 The Monsanto Research Corporation has occasion to request export licenses for shipment of small quantities of radioactive materials to countries such as S. Africa, India, Brazil and Argentina.

We presently have under con-sideration the following requests for export permits:

' NRC Date Reference Requested Item Destination m an1945 8 April 1982 Pu-238 India XSNM01930 17 February 1982 Pu-238' India XSNM01857 15 July 1982 Pu-242 India XB001102 1 July 1982 Cf-252 India pNM01978 4 August 1982 U-236 India I do not believe the above mentioned requests have been acted on as required by the Nuclear non-Proliferation Act of 1978 and the administrative procedures therein contained.

Though considerable time has lapsed since submitting our requests, we have not received written information from the Nuclear Regulatory Commission on the status of our requests or the actual issuance or denial of export permits. We are unable to establish for ourself whether such business should bepursued or not since we do not know if export permits will be issued.

It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

8306020677 830110 PDR XPORT XB-1102 PDR a substerary of Monsanto company

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Director of Nuclear Materials, Safety and Safeguards 10 January 1983 It is our belief that small quantities of radioactive special materials can be exported without compromising our interests in controlling the proliferation of weapons technology.

Though materials such as Plutonium-238, Americium-241 and Californium-252 are used for neutron production, alternate means are readily available to weapons builders for producing neutrons that make the use of such radioisotopes unnecessary.

There are also other practical reasons why Americium-241, Plutonium-238 and/or Californium-252 neutron sources would not be used in weapons. Another point to consider is that these radioisotopes are available from both English and French organizations who purchase the raw materials from the U.S. Department of fnergy.

I am reliably informed that the English and French organizations reship some materials to the restricted countries in violation of our intergovernment agreement.

The present procedure allows these foreign organizations to purchase bulk shipments of radioisotopes without detailing the specific end use as required of U.S. manufacturers.

The English and French organizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use".

They are then able to break down the material into individual sales and ship it out without the restrictive paperwork and controls required of U.S. manufacturers.

There is literally no control over where the material ultimately ends up.

It can be shipped to a third country who in turn reships the radioisotope to a sensitive country.

I believe the Commission must establish a firm and consistent program for exporting radioactive materials.

The program must be void of the uncertanity that now exists, and be one that applies the same controls to all exporters of American material be it a foreign or domestic manufacturer.

I therefore petition the Nuclear Regulatory Commission to establish in a timely manner quantity limits for special nuclear material (and other controlled radioisotopes) that can be licensed for shipment to the more sensitive countries.

I further petition the Nuclear Regulatory Commission to act post haste on the Monsanto Research Corporation's export permit requests herein identified and to positively issue or deny export permits for the subject material.

In the event the Nuclear Regulatorly Commission continues to impose export re-strictions on the shipment of small quantities of Americium-241, Plutonium-238 and Californium-252 to designated sensitive countries, then I petition the Commission to alter its export procedures relative to foreign purchasers of radioisotope.

I request that the export of radioisotopes not be permitted un-less specific end use statements detailing specific end use and identifying the ultimate recipient of the material, are supplied to cover all bulk materials 3

purchased for resale.

This would require that the English and French organizations provide the Nuclear Regulatory Commission end use statements as they sell the material, all of which should total the quantity of material originally purchased from the Department of Energy.. The specific end use must be approved by the Nuclear Regulatory C,ommission prior to the transfer of the radioisotope to a third party by the foreign manufacturer.

Implementing this

Director of Nuclear liaterials, Safety and Safeguards 10 January 1983-f practice will impose on the foreign suppliers the same restrictions now applied to the U.S. domestic manufacturers of radioactive sources.

It will also permit the Nuclear Regulatory Commission to have the control over the distribution of certain radioactive materials to sensitive countries it is required to exercise by the Nuclear Non-Proliferation Act of 1978.

I respectfully request you formally take action on the three petitions herein presented.

Respectfully yours, ENGINEERED PRODUCTS DEPARTMENT M

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'.g'Il bfCEC3 TWX 810-459-1681 10 January 1983 Director of Nuclear Materials, Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Sir:

RLS-2160 The Monsanto Research Corporation has occasion to request export licenses for shipment of small quantities of radioactive materials to countries such as S. Africa, India, Brazil and Argentina. We presently have under con-sideration the following requests for export permits:

NRC Date Reference Requested Item Destination XSNM01945 8 April 1982 Pu-238 India XSNM01930 17 February 1982 Pu-238 India XSNM01857 15 July 1982 Pu-242 India XB001102 1 July 1982 Cf-262 India pNM01978 4 August 1982 U-236 India I do not believe the above mentioned requests have been acted on as required by the Nuclear non-Proliferation Act of 1978 and the administrative procedures therein contained.

Though considerable time has lapsed since submitting our.

requests, we have not rdceived written information from the Nuclear Regulatory Commission on the status of our requests or the actual issuance or denial of export permits. We are unable to establish for ourself whether such business should bepursued or not since we do not know if export permits will be issued.

It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

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,f Director of Nuclear Materials, Safety and Safeguards 10 January 1983 It is our belief that small quantities of radioactive special materials can be exported without compromising our interests in controlling the proliferation of weapons technology.

Though materials such as Plutonium-238, Americium-241 and Californium-252 are used for neutron production, alternate means are readily available to weapons builders for producing neutrons that make the use of such radioisotopes unnecessary.

There are also other practical reasons why Americium-241, Plutonium-238 and/or Californium-252 neutron sources would not be used in weapons. Another point to consider is that these radioisotopes are available from both English and French organizations who purchase the raw materials from the U.S. Department of Energy.

I am reliably informed that the English and French organizations reship some materials to the restricted countries in violation of our intergovernment agreement.

The present procedure allows these foreign organizations to purchase bulk shipments of radioisotopes without detailing the specific end use as required of U.S. manufacturers.

The English and French organizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use".

They are then able to break down the material into individual sales and ship it out without the restrictive paperwork and controls required of U.S. manufacturers.

There is literally no control over where the material ultimately ends up.

It can be shipped to a third country who in turn reships the radioisotope to a sensitive country.

I believe the Commission must establish a firm and consistent program for exporting radioactive materials.

The program must be void of the uncertanity that now exists, and be one that applies the same controls to all exporters of

/cerican material be it a foreign or domestic manufacturer.

I therefore petition the Nuclear Regulatory Commission to establish in a timely manner quantity limits for special nuclear material (and other controlled radioisotopes) that can be licensed for shipment to the more sensitive countries.

I further petition the Nuclear Regulatory Commission to act post haste on the Monsanto Research Corporation's export permit requests herein identified and to positively issue or deny export permits for the subject material.

In the event the Nuclear Regulatorly Commission continues to impose export re-strictions on the shipment of small quantities of Americium-241, Plutonium-238 and Californium-252 to designated sensitive countries, then I petition the Commission to alter its export procedures relative to foreign purchasers of radi_oisotope.

I request that the export of radioisotopes not be permitted un-less specific end use statements detailing specific end use and identifying the ultimate recipient of the material, are supplied to cover all bulk materials purchased for resale. This would require that the English and French organizations provide the Nuclear Regulatory Commission end use statements as they sell the material, all of which should total the quantity of material originally purchased from the Depa"iment of Energy.. The' specific end use must be approved by the Nuclear Regulatoiy Commission prior to the transfer of the radioisotope to a third party by the foreign manufacturer.

Implementing this

5 i

.y Director of Nuclear Materials, Safety and Safeguards 10 January 1983 4

practice will impose on the-foreign suppliers the same restrictions now applied to the U.S. domestic manufacturers of radioactive sources.

It will also permit the Nuclear Regulatory Commission to have the control over the distribution of certain radioactive materials to sensitive countries it is required to exercise by the Nuclear Non-Proliferation Act of 1978.

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I respectfully request you formally take action on the three petitions herein presented.

Respectfully yours, 3

ENGINEERED PRODUCTS DEPARTMENT

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Phone: (513) 268-3411 Twx aio-4ss-issi 10 January 1983 Director of Nuclear !bterials, Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Sir:

RLS-2160 The Monsanto Research Corporation has occasion to request export licenses for shipment of small quantities of radioactive materials to countries such as S. Africa, India, Brazil and Argentina. We presently have under con-sideration the following requests for export permits:

NRC Date Reference Requested Item Destination XSNM01945 S April 1982 Pu-238 -

India XSNM01930 17 February 1982 Pu-238 -

India XSNM01857 15 July 1982 Pu-242-India XB001102 1 July 1982 Cf-252 India

)(SNM01978 4 August 1982 U-236 ~

India I do not believe the above mentioned requests have been acted on as required by the Nuclear non-Proliferation Act of 1978 an1 the administrative procedures therein contained.

Though considerable time has lapsed since submitting our requests, we have not received written information from the Nuclear Regulatory Commission on the status of our requests or the actual issuance or denial of export permits. We are unable to establish for ourself whether such business should bepursued or not since we do not know if export permits will be issued.

It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

a subsidiary of Monsanto Company a.

y Director of Nuclear Materials, Safety and Safeguards 10 January 1983 It is our belief that small quantities of radioactive special materials can be exported without compromising our interests in controlling the proliferation of weapons technology.

Though materials such as Plutonium-238, Americium-241 and Californium-252 are used for neutron production, alternate means are readily available to weapons builders for producing neutrons that make the use of such radioisotopes unnecessary.

There are also other practical reasons why Americium-241, Plutonium-238 and/or Californium-252 neutron sources would not be used in weapons. Another point to consider is that these radioisotopes are available from both English and French organizations who purchase the raw materials from the U.S. Department of Energy.

I am reliably informed that the English and French organizations reship some materials to the restricted countries in violation of our intergovernment agreement. The present procedure allows these foreign organizations to purchase bulk shipments of radioisotopes without detailing the specific end use as required of U.S. manufacturers.

The English and French organizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use".

They are then able to break down the material into individual sales and ship it out without the restrictive paperwork and controls required of U.S. manufacturers.

There is literally no control over where the material ultimately ends up.

It can be shipped to a third country who in turn reships the radioisotops to a sensitive country.

I believe the Commission must establish a firm and consistent program for exporting radioactive materials.

The program must be void of the uncertanity that now exists, and be one that applies the same controls to all exporters of American material be it a foreign or domestic manufacturer.

I therefore petition the Nuclear Regulatory Commission to establish in a timely manner quantity limits for special nuclear material (and other controlled radioisotopes) that can be licensed for shipment to the more sensitive countries.

I further petition the Nuclear Regulatory Commission to act post haste on the Monsanto Research Corporation's export permit requests herein identified and to positively issue or deny export permits for the subject material.

In the event the Nuclear Regulatorly Commission continues to impose export re-strictions on the shipment of small quantities of Americium-241, Plutonium-238 and Californium-252 to designated sensitive countries, then I petition the Commission to alter its export procedures relative to foreign purchasers of radioisotope.

I request that the export of radioisotopes not be permitted un-less specific end use statements detailing specific end use and identifying the ultimate recipient of the material, are supplied to cover all bulk materials 3

purchased for resale.

This would require that the English and French organizations provide the Nuclear Regulatory Commission end use statements as they sell the material, all of which should total the quantity of material

-originally purchased from the Department nf Energy.

The specific end use must be approved by the Nuclear Regulatory Commission prior to the transfer of the radioisotope to a thir'd party by the foreign manufacturer.

Implementing this V

p Director. of Nuclear Materials, Safety and Safeguards 10 January 1983 i

practice will impose on the foreign suppliers the same restrictions now applied to the U.S. domestic manufacturers of radioactive sources.

It will also permit the Nuclear Regulatory Commission to have the control over the distribution of certain radioactive materials to sensitive countries it is required to exercise by the Nuclear Non-Proliferation Act of 1978.

I respectfully request you formally take action on the three petitions herein presented.

Respectfully yours, ENGINEERED PRODUCTS DEPARTMENT

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Phone: (513) 268-3411 Twx eso.ase.isai 10 January 1983 Director of Nuclear Materials, Safety and Safeguards U.S. Nuclear Regulatory Cominission Washington, D.C. 20555

Dear Sir:

RLS-2160 The Monsanto Research Corporation has occasion to request export licenses for shipment of small quantities of radioactive materials to countries such as S. Africa, India, Brazil and Argentina. We presently have under con-sideration the following requests for export permits:

NRC Date Reference Requested Item Destination XSNM01945 8 April 1982 Pu-238 India XSNM01410 17 February 1982 Pu-238-India XSNM01857 15 July 1982 Pu-242 India B001102 1 July 1982 Cf-252 India SNM01978 4 August 1982 U-236 India I do not believe the above mentioned requests have been acted on as required by the Nuclear non-Proliferation Act of 1978 and the administrative procedures therein contained.

Though considerable time has lapsed since submitting our requests, we have not received written information from the Nuclear Regulatory Commission on the status of our requests or the actual issuance or denial of export permits. We are unable to establish for ourself whether such business should bepursued or not since we do not know if export permits will be issued.

It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

M a subsidiary of Monsanto Company x

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