Article
Article
By Elina Teplinsky,
10.31.12
In the wake of the devastating earthquake and tsunami that crippled Japan’s Fukushima Daiichi nuclear power facility in March 2011, the international nuclear industry not only has studied the incident and begun to apply lessons learned, but also has actively provided supplies and assistance to support the recovery efforts of Tokyo Electric Power Co. (TEPCO). Within days of the disaster, experts from the nuclear industries of the United States and other countries arrived in Japan and began to assist TEPCO with recovery measures. In addition to sending expert volunteers, the industry has contributed a wide array of critical supplies, including safety equipment, radiation-monitoring devices and robotic surveillance systems.
As international support initiatives continue, questions have emerged regarding the international trade control hurdles that confront existing and would-be suppliers in providing nuclear-related products and assistance to Japan. Before sending equipment or personnel to Japan to aid TEPCO in its recovery efforts, foreign companies should be aware of any trade restrictions or approval requirements that may apply to their planned activities. These controls may arise in both the export and import contexts. As a result, suppliers from the United States and other countries that adhere to the Nuclear Suppliers Group Guidelines for Nuclear Transfers (NSG Guidelines) must ensure that any transfers are compliant with the their country’s export control laws and regulations. In addition, suppliers should work with Japanese recipients to verify that the goods or technology will be imported in compliance with any applicable Japanese import controls, and that personnel providing in-person services satisfy Japanese immigration and visa requirements.
U.S. Export Controls
The U.S. Government strictly controls the exports of nuclear reactors, material, equipment and technology. The three key U.S. federal agencies that regulate commercial nuclear exports are the U.S. Department of Energy (DOE), the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Department of Commerce (DOC).
The DOE, in accordance with its regulations at 10 C.F.R. Part 810, regulates the transfers of nuclear technology outside of the United States and the provision of nuclear technical assistance to foreign entities. This type of controlled assistance includes expert support provided by U.S. vendors, nuclear reactor operators and technical consultants to TEPCO and other Japanese entities post-Fukushima.
Under Part 810, U.S. companies and U.S. citizens are required to obtain a specific authorization (i.e., license) from the DOE prior to transferring technology or providing assistance to companies in countries listed in 10 C.F.R. § 810.8(a) (“DOE Restricted Country List”). However, in accordance with 10 C.F.R. § 810.7(h), commercial nuclear technical activities in countries not listed on the DOE Restricted Country List are subject to a general authorization (no prior DOE approval required). Japan is not included on the DOE Restricted Country List. Therefore, U.S. companies and U.S. citizens can provide post- Fukushima assistance to Japanese entities without seeking prior approval from the DOE. In addition, Part 810 includes an additional general authorization in section 810.7(b) for “furnishing information or assistance to prevent or correct a current or imminent radiological emergency posing a significant danger to the health and safety of the off-site population.”This general authorization under section 810.7(b) does, however, require advance DOE notification and approval, which DOE provides on an expedited basis. Some U.S. companies providing assistance in Japan immediately after Fukushima did seek approval from the DOE in accordance with section 810.7(b); however, the section 810.7(b) general authorization is intended for providing emergency support in countries listed on the DOE Restricted Country List.
Download: International Trade Obstacles to Fukushima Recovery