ML20148G662

Possible Questions for Executive Branch at Commission Briefing

ML20148G662
Person / Time
Issue date:	06/08/1987
From:	NRC
To:
References
NUDOCS 8803290198
Download: ML20148G662 (2)

Text

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hD I 3/M W SAQUEST/ South Africa l

POSSIBLE QUESTIONS FOR EXECUTIVE BRANCH l

l AT JUNE 8 COMMISSION BRIEFING l

f Does the Treasury Department intend to make its interim regulations final on July 1, 19877 If a decision, has not been reached, does the Treasury Department intend to advise the l

Commission of its oosition *.rior to July 17 Please summari:e the legal arguments underlying the Treasury Department's interim regulations?

l What weight would a court likely accord the purported I

Lugar-Ford-McConnell colloquy that suggests that uranium are and uranium oxide can be brough't it for processing and subsequent export? Would a. court likely accord it more weight than the post-enactment statement to the contrary that Senator Kennedy

.n_.

made on the Senate floor? Would a court accord it more weight than the Committee reports which do not mention a re-export exception?

It is our understanding that if one adopts the Lugar-Ford-McConnell view, that virtually no South African uranium or uranium oxide imports would be barred, since 8803290198 880329 PDR MISC

%'603a90(98 PDR

g virtually no South African uranium ore or oxide i s brought in for domestic consumption. If our understanding correct?

4 If our understanding is correct, is it reasonable to interpret legislation so that it has no effect?

The Lugar-Ford-McConnell purported. colloquy does not mention uranium explicitly. Therefore does their interpretation also cover coal and textile imports which are also barred by the same Section 309(a) of the Anti-Apartheid Act?

In interpreting the statute to what extent is it permissible to take into account the potential economic effects that various interpretations of the Anti-Apartheid Act could have on the Department of Energy and the Treasury of the United States?

Does Section 603 of the Anti-Apartheid Act give the President or his designe:e the exclusive ' authority to interpret Section 309(a),

or does the NRC also have the authority to adopt its own ,

interpretation of the law?

,1 2 The Anti-Apartheid Act bars all imports from South Africa's parastatal organi:ations. What assurance does the Commission have that any South Africa-origin uranium that is permitted to be imported does not come from a parastatal organi:ation?