Controls on Export of U S Nuclear Technology

Controls on Export of U. S. Nuclear Technology and Assistance under 10 CFR Part 810 • 10 CFR Part 810 (Part 810) requires U. S. persons to have authorization from the Secretary of Energy before transferring non-public civil nuclear technology and assistance (e. g. , nuclear reactor blueprints or consulting services) to foreign nationals or entities. • Certain exports are subject to existing “general authorizations” from the Secretary, while other exports require “specific authorization” in advance. Remember these key points about the Part 810 regulation: 1. Verbal transfers of information, even in the context of informal conversations, can still constitute “assistance” that is controlled by Part 810. 2. Teaching someone how to use equipment or software or interpret the results of tests or calculations is considered assistance and may be covered by the rule. 3. Transfers of “publicly available information” are outside the scope of Part 810, but if a foreign entity is paying you for information or services, then it is unlikely that the information is already publicly available. 4. Even if an organization does not consider certain information to be proprietary, that information may still be export controlled under the Part 810 regulation. 5. Only U. S. persons can request specific authorization to export Part 810 -controlled technology to a foreign entity. Foreign entities cannot request or obtain specific authorizations to receive U. S. nuclear technology. 6. Specific authorizations only apply to a single exporter (or a single group of exporters) named in the authorization. Exporters cannot assume that another organization’s specific authorization also applies to them. 7. Consultants are responsible for ensuring that any technology or assistance they provide to a U. S. organization is not ultimately being passed to a foreign recipient without Part 810 authorization.