Training and Additional Resources
U.S. nuclear export laws and regulations are tools to achieve U.S. nonproliferation objectives and facilitate legitimate civil nuclear cooperation. U.S. regulatory frameworks strengthen the capacity to deter and prevent the transfer of weapons-related materials, equipment and technology to destinations of concern, while ensuring that those transferred for peaceful purposes are not diverted for weapons use, through the application of International Atomic Energy Agency (IAEA) nuclear safeguards.
Adherence to these nonproliferation standards establishes the U.S. industry as a reliable supplier of civilian nuclear and nuclear-related material, equipment, systems, plants, and technology (including software).
All persons subject to the jurisdiction of the United States, must comply with export control laws and regulations.
The Nuclear Regulatory Commission (NRC), Department of Energy (DOE), and Department of Commerce (DOC) have primary jurisdiction over civilian nuclear exports, although in some instances other agencies, such as the Departments of State (DOS) or Treasury, may also restrict exports to specific entities or countries. DOS negotiates, with technical assistance and concurrence of DOE and in consultation with NRC, Nuclear Cooperation Agreements with other countries under Section 123 of the Atomic Energy Act of 1954, as amended. These "123 Agreements" are implemented by the NRC and DOE, and are required for the approval of certain exports.
Generally, an export occurs when a person transfers technology (including assistance) or physical items to a foreign person or national or to any person physically located outside the United States, U.S. Territories, or U.S. Commonwealths. However, each agency’s legal definition for an export should be consulted below, as appropriate. Any questions regarding the interpretation of a definition should be directed to the specific agency with jurisdiction.
Activities include but are not limited to, exports of physical products, blueprints, designs, computer codes, training, and assistance. Assistance may include public speaking or lecturing, or technical support or instruction to a foreign counterpart, including those that may already legally possess covered technology but need U.S. expertise to properly apply that technology.
Export is not explicitly defined in 10 CFR 810.
Technology means assistance or technical data required for the development, production or use of any plant, facility, or especially designed or prepared equipment for the activities described in §810.2(b).
Assistance means assistance in such forms as instruction, skills, training, working knowledge, consulting services, or any other assistance as determined by the Secretary. Assistance may involve the transfer of technical data.
Technical data means data in such forms as blueprints, plans, diagrams, models, formulae, engineering designs, specifications, manuals, and instructions written or recorded on other media or devices such as disks, tapes, read-only memories, and computational methodologies, algorithms, and computer codes that can directly or indirectly affect the production of special nuclear material.
Export (except for §§ 734.17 or 734.18) means (1) An actual shipment or transmission out of the United States, including the sending or taking of an item out of the United States, in any manner; (2) Releasing or otherwise transferring “technology” or source code (but not object code) to a foreign person in the United States (a “deemed export”); (3) Transferring by a person in the United States of registration, control, or ownership of: (i) A spacecraft… Note that any release in the United States of “technology” or source code to a foreign person is a deemed export to the foreign person's most recent country of citizenship or permanent residency. Also note that the export of an item that will transit through a country or countries to a destination identified in the EAR is deemed to be an export to that destination.
Technology means Information necessary for the “development,” “production,” “use,” operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that control “technology”) of an item.