ML20055C713

Informs Commission of Receipt of Application to Import Namibian U.License Will Be Issued on 900625

ML20055C713
Person / Time
Issue date:	06/13/1990
From:	Hauber R NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:
References
TASK-PII, TASK-SE SECY-90-210, NUDOCS 9006190078
Download: ML20055C713 (5)

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POLICY ISSUE (Information)

SECY-90-210 Jur.e 13, 1990

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The Commissioners from:

Ronald D. Hauber, Director International Programs Office of Governmental and Public Affairs Subiect:

REQUEST BY EDLOW IN1 ENATIONAL COMPANY TO IMPORT 500,000 KILOGRAMS OF NAMIBIAN ORIGIN URANIUM (150U90001)

Puroose:

To inform the Commission of the receipt of an application to import Namibian origin uranium.

Discussion:

By letter dated April 10, 1990. Edlow International Company applied for a license to import 500,000 kilograms of Namibian origin uranium (Attachment 1). The material will be in the form of uranium ore concentrate (V 0 ) and will be 3s processed by U.S. facilities.

After passage of the Comprehensive Anti-Apartheid Act of 1986, 10 CFR Part 110 was amended to prohibit the import of all forms of South African origin uranium under general license in Section 110.27. This prohibition also included Namibia since it was a territory of South Africa.

In response to NRC's request for Executive Branch views, the Department of State, by letter dated May 18, 1990 (Attachment 2), stated that it perceived no objection to issuance of the requested import license as well as approval of similar future requests. The letter notes that Namibia is no' longer administered by the Government of South Africa and is therefore no longer subject to the economic sanctions under the Comprehensive Anti-Apartheid Act of 1986.

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The Commissioners 2-In view of the foregoing, the staf f is also taking steps to amend Part 110 to allow the import of Namibian origin uranium under general license.

Since it will be some time before the general license amendment becomes effective, International Programs will, in the interim, issue specific licenses for the import of Namibian origin material, in this regard, the staff intends to issue a specific import license to Edlow International Company on June 25, 1990.

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& Ronald D. Hat %Ir,W International Programs Office of Governmental and Public Affairs Attachments:

As stated DISTRIBUTION:

Commissioners OGC OIG LSS GPA EDO ASLBP ASLAP SECY

Edlew International Corr)pany IN4 Connemcut Ase., N.%'.. Suite 500

% ashington. D C. XKU9 U.s.A.

7el(202) 483 4959 Tin W 381 & M 91095 r ei <2c2:4:3m April 10, 1990 Ms. B. Wright Export / Import and International Safeguards Office of International Programs U.S. Nuclear Regulatory Commission

Dear Ms. Wright:

In accordance with 10 CFR Section 110.27 and pursuant to the Federal Register notice dated March 22, 1990, Volume 55, MJmber 56 issued by the U.S.

Department of the Treasury (copy attached for ease of reference), Edlow International Company hereby requests a license to import 500,000 Kg of natural uranium in the form of uranium ore concentrate (U308) from Namibia to the United States for processing by U.S. facilities.

We recpest that this authority be valid for a two-year period.

Edlow International Company will insure strict compliance with all relevant requirements of 10 CFR and 49 CFR.

Thank you for your consideration in this matter.

Please contact me at (202) l l

483-4959 should you require any additional information in connection with this request.

Sincerely,

.s, Le. /

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,/A.H.. Ask Vic President, International L

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.I.50u QCOOI 10318 Tederal Register / Vct. 55. No. 56 / knday. March HCC%32-

22. 1990 / Rules and Regulaticna t

evoeuwswvamv meeassansec Nasu'bla. IadJos !Ameneed!

un der the illesel admmintrecon of South I. Section nu.aos la amended by Alnca, has bun subject to es sanctions removing the words *(lacluding imposed egoinst Sooth Africa cader the Namibis)".

t Act. The Act defines " Sod Afnca* to inch:de any terntory under the a dmitustra tion. legal or hast, of South gtegJts (/dnenese)

Afnca.":: U.S.C 5001(6)(B).

. Seedon ML312 is amended by Img!ementing the Act, the Regu!ations remonag the weeds 11mtluding de..no the terms " South Afnca" and N6mibin)".

" Government of South Afries"(or Deid Wed 23. tua

" South African Covernmenr) to include Eh N'"*A Namibia. 31 CFR 545.306 and 341.712.

Apesier.0$se effere!sa Asseu Ceaus Namibia wlU gain independence from Approud March ta, teso.

South Africa on March 21.isso.la view poner K. Nunn, of this event, and the State Department's deter.*.tination that Namibia wiD no Amhanssservery/ro/mewrA '

longer be illegally administered by PR Dee, eMund Pued 6-so act it.1s arry South Africa. the O!Eco of Foreign ename eens mm.m.ni Aanta Controlis amending the Regulations to lift the Act's sanctions from Nainibia.

The Reguladens are also being arcended to reDect that the laternational Emergency Economic Powers Act. 80 U1C.1701 el seg. ("!EIPA"), le no longer e statutory basis for the Reguladons.The madonal emersancy cecland with respect to South Afrios pursuant toIEEpA lapsed in 1987 foDowmg passage of the Actla tesa, which continued and expanded the prior DA South Africa sanctions prog *am.

DEPARTMENT OF THE TRCASURY

$1cce September 1987, the Act has tovided the statutory authority for the m W FW Assets Centrol

[,g'e th7Re ations involve a 31 CFR Part $45 fonign aEalts e. ion, se prosisio.ns of et es umi,est,.

,ocedu,eAct I

l South Afr6ean Transecuens U.S.C. 553 requiring notica of propond Regutettons rulemaking opportunity for public L

Asswcyt Office of Foreign Assets participation, and delay in affective Control, Treasury.

date, are inapplicable. Because no l

Actioec Final rule, amendments.

actice of proposed rulemaking is requind for this rule, the Regulatory Flaxjbtl!ty Act 8 U.S.C 401 elseqr., does t

sumasaan This anal rule amends the -

. South African Transaction Regulations, not apply.Because the Regulations are 31 CFR part M5 (the " Regulations"), to issued with respect to a foreign s! fairs j

lift U1 economic sanctions imposed on funcuon of the United States, they are Namibia. As of March 21.1900.

not subject to Enscutive Order itapt of Namibianladependence Day.Namibla February 17.1981, dealing with Federal will casse to be !!!egaUy administered regulations.

by the Government of South Africa, and 1Jst of Subjectsin 31 CTR Part 843 thus will no r be subject to economic ons pursuant to the Banks Banking. Foreign cur-encies.

Compechensive Anti.Aparthold Act of laports, Nam!bia. Penalues. Reporting 1966,22 U.S.C 0001-8116 (the "Act").

and recordkeeping requirementa. South This rule also amends and updates the Africa.

authority citation for the Regu stions.

For the ressens ut forthin the.

ra gypsetivs oAlt 12:01 a.m. Eastern pnamble. 31 CFR pan MSis amended Standard Time. March 21.1sen.

as foUows:

pon rusmern preoermafsont coerract:

l William 5. Ho!! men. Chief Counsel. -

PART 545 -( AMENDED) l O!! ice of Foreign Assets Control.

1. The authority cita tico for part 645 is Department of the Treasury, revised to read as follows:

Wa shingtor. DC 202:0. tela (202) 376-

' Authority:22 U.S.C 60:n stis.LO.12s"1.

i 0406.

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. ? j, United States Department of State DCS / DF02 3,cn.,CGC Bureau of Oceans andInternational G. 5::. ?.OROO Entironmentaland Scientific Affairs B, Stc'f.. MM Tashington, D.C. 20320 my 18, 1990 2~S 0% 9cco; Mr. James R. Shea lI C042 hd Director of International Programs United States Nuclear Regulatory Commission Rockville, Maryland

Dear Mr. Shea:

This letter is in response to the letter from your office dated April 30,1990, requesting Executive Branch views as to whether issuance of a license to authorize the import of 500,000 kilograms of uranium of Namibian origin would be in accordance with the Comprehensive Anti Apartheid Act of 1986.

Since its independence, Namibia is no longer administered by South Africa. It is therefore no longer subject to sanctions under the Comprehensive Anti Apartheid Act of 1986. The President in announcing the lifting of these sanctions, stated that it is now U.S.

policy to develop good economic relations with Namibia.

In view of the foregoing, the Executive Branch perceives no objection to issuance of the rec uested import license as well as approval of similar applications for the Lm > ort of nuclear material of Nam %ian origin. Moreover, we believe tha : the NRC Rules and Regulations for the Export and Import of Nuclear Equipment and Materia'l under 10 CFR Part 110 should be amended to take into account the lifting of sanctions against Namibia.

Sincere,

'Rb Richard J. K. Strat rd g

Deputy Assistant Secretary f

Nuclear Energy is Energy Technology Affairs ru c:: =

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