Is the transfer to a citizen or foreign national of a country other than the United States not listed in Appendix A of 10 CFR 810 and working at an NRC-licensed facility that meets all of the following criteria?
1) Lawfully employed by or contracted to work for a U.S. employer in the US;
2) Signed confidentiality agreement with the U.S. employer to safeguard the technology from unauthorized use or disclosure;
3) Granted unescorted access in accordance with NRC regulations at the facility;
4) Employer complies with reporting requirements under §810.12(g);
5) No sensitive nuclear technology or assistance described in 810.7 is involved.
Final determinations as to export control applicability are made after a full review by the appropriate U.S. Government agency. Use of this Export Compliance Guide does not constitute U.S. Government review, is not DOE/NNSA advice or a determination, and is provided for the user's convenience only.