ML23101A012

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Digital Exhibit - Navigating the U.S. Framework for Advanced Nuclear Reactor Export Controls - RIC 2023
ML23101A012
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Issue date: 03/14/2023
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NRC/OIP
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Download: ML23101A012 (7)


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Nuclear Suppliers GroupEnabling Civil Nuclear Trade for Peaceful Purposes The Nuclear Suppliers Group (NSG) is a multilateral organization consisting of 48 nuclear supplier countries that contribute to the nonproliferation of nuclear weapons by carrying out two sets of guidelines for their United States nuclear and nuclear-related exports. Government*

www.nuclearsuppliersgroup.org

  • The U.S. Department of Commerce implements the NSG Guidelines for nuclear-related dual-use items.

Facilitating Civil Nuclear Trade Office Name Each participating government carries out the NSG Guidelines in its national laws and regulations. The United States implements the Guidelines through the U.S. Department of Energy (DOE),

U.S. Department of Commerce, and U.S. Nuclear Regulatory Commission (NRC).

DOE/10 CFR Part 810 regulates U.S. transfers of unclassified nuclear technology and assistance.

NRC/10 CFR Part 110 regulates export of nuclear equipment and material.

It is critical for the NSG to keep its Guidelines up to date in consideration of global technical advancements so all participating governments can engage in nuclear trade while meeting evolving nuclear proliferation challenges.

DOE and NRC Protect U.S. Interests through Export Controls The DOE and the NRC coordinate closely with the U.S. Departments of Commerce, Defense, and State to review export applications.

Advanced reactor developers and exporters should Engage with the DOE to determine what technologies DOE regulates nuclear technology and assistance and assistance are controlled for export 10 CFR Part 810 Part810@nnsa.doe.gov Engage with the NRC about licensing requirements NRC regulates nuclear equipment and material for nuclear equipment and material for export 10 CFR Part 110 IP.Resource@nrc.gov

DOE and NRC Implement a Statutory Framework to Enable the Export of Advanced Reactors

  • Bilateral agreements under section 123 of the U.S. Atomic Energy Act enable exports of nuclear reactors, including advanced reactors.
  • 123 agreements are not required for sharing reactor technology, which is controlled by DOE regulations under 10 CFR Part 810.
  • Publicly available information, such as general marketing and business development materials, are not subject to DOE/NRC export regulations.

DOE Provides Clearly Defined Regulatory Paths for Exporting Civil Nuclear Technologies The Secretary of Energy has generally For activities that are not generally authorized certain activities based on authorized, specific authorization from technology and assistance types and the Secretary of Energy is required.

destinations.

  • The DOE is continuously improving the
  • Generally authorized destinations are specific authorization process and listed in Appendix A to 10 CFR Part 810, updating 10 CFR Part 810 to reflect the which includes many of the worlds evolving regulatory and geopolitical largest nuclear energy markets. landscapes.

NRC Provides Clearly Defined Paths for Exporting Nuclear Equipment and Material The NRC generally licenses exports of certain nuclear equipment and material For exports that are not generally licensed, that are of lower proliferation significance.

the exporter must submit an application for a specific license, which the NRC

  • Exports that qualify for a general license reviews and approves.

depend on the item, the quantity (or radioactivity), and the destination.