Nuclear Export Controls

Their concerns are based on a belief that the U.S. nuclear export control regime is:

1. more complex and difficult for U.S. companies to navigate, impeding their ability to secure required licenses and authorizations for exports of nuclear services and commodities;
2. significantly less efficient in processing export licenses than its counterparts in other nations, and
3. more restrictive in its controls than the regimes of other nuclear supplier nations, causing potential customers to refrain from doing business with U.S. nuclear vendors and service providers and/or hindering the ability of the U.S. companies to execute and perform contracts with foreign customers.

In a November 2010 report on commercial nuclear exports, the Government Accountability Office (GAO) cited concerns that the U.S. export control regime imposes a competitive disadvantage on U.S. exports. GAO reported industry statements “that [the U.S. Department of Energy’s (DOE)] Part 810 authorization regulations are vaguely defined and that DOE interprets its authority to include transfers of technology and technical assistance too broadly.”¹

The objective of this report is to evaluate whether U.S. commercial nuclear exporters do, in fact, face a competitive disadvantage because of the U.S. export control regime and, if such burdens exist, to identify them. This requires a comparative analysis of the commercial nuclear export control regimes of major supplier countries. The report provides an overview of four national regimes for the control of exports of nuclear materials, components and technology – those of Russia, Japan, ROK and France – and compares these regimes to the U.S. nuclear export control regime.

The report focuses on key aspects of nuclear export control, such as the structure and organization of regulatory systems, the scope of controls over nuclear and nuclear-related commodities and technology, types of licenses issued, license issuance requirements, processing times, and other distinguishing characteristics of each regime.

DISCLAIMER: The summary of foreign laws and related comments in this report is based primarily on a summary of primary and secondary sources available in English, Russian and French as of June 2011, and is provided for the limited purpose of comparing these laws to the U.S. nuclear export regime. This report does not constitute legal advice for exporters, importers or other participants in nuclear commerce with respect to their obligations under U.S. or foreign export laws.

¹ “Nuclear Commerce: Governmentwide Strategy Could Help Increase Commercial Benefits from U.S. Nuclear Cooperation Agreements with Other Countries,” Government Accountability Office, November 2010.

Download: Nuclear Export Controls