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Export-Import

Key Topics

The commodities under NRC export licensing authority (10 CFR 110.8 and 110.9) include the following:

  • nuclear reactors (10 CFR 110 Appendix A)
  • uranium enrichment facilities (10 CFR 110 Appendices B-H)
  • spent fuel reprocessing plants (10 CFR 110 Appendix I)
  • uranium and plutonium conversion plants (10 CFR 110 Appendix J)
  • heavy water or deuterium production plants (10 CFR 110 Appendix K)
  • nuclear fuel fabrication plants (10 CFR 110 Appendix O)
  • lithium isotope separation facilities (10 CFR 110 Appendix N)
  • equipment, component parts, and assemblies that are especially designed or prepared for exclusive use in any of the aforementioned facilities
  • special nuclear material (e.g., plutonium, enriched uranium, uranium-233)
  • source material (e.g., natural and depleted uranium, thorium)
  • byproduct material (10 CFR 110 Appendix L and Appendix P)
  • deuterium (heavy water)
  • nuclear grade graphite for nuclear end use (see 70 FR 41937, July 21, 2005)

The commodities under NRC import licensing authority (10 CFR 110.9a) include the following:

  • nuclear production and utilization facilities
  • special nuclear, source and byproduct material

Notice to ALL General and Specific Licensees: Prohibition Related to Nuclear Exports Involving Government of Libya

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Export-Import License Types

The regulations in 10 CFR 110 apply to all individuals in the United States who export and import nuclear equipment and material under NRC licensing authority. Unless the export or import transaction falls in one of the specific exception categories identified in 10 CFR 110.1(b)(1)-(6), it must be authorized by an appropriate NRC license. NRC issues two types of export and import licenses: general and specific.

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General Licenses

NRC general licenses (10 CFR 110.20) authorize selected exports or imports of nuclear material or equipment and are effective without the filing of a specific application with NRC or the issuance of a licensing document (piece of paper) by the NRC to a particular person. Nevertheless, although a piece of paper authorizing an export or import transaction may not be required, a general license is not equivalent to an exemption from NRC export-import regulations nor does it relieve a person (the general licensee) from complying with other domestic regulatory requirements that may apply. The regulations authorizing general licenses in §§ 110.21 – 110.26 specifically exclude exports to embargoed destinations listed in § 110.28.

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General Export Licenses

NRC general export licenses authorize exports of nuclear material below specified quantities, in certain forms and/or as contained in consumer products, to any country not listed in 10 CFR 110.28 as an embargoed destination. For restricted destinations listed in 10 CFR 110.29 there are additional restrictions on the use of the general license for certain commodities. NRC general export licenses also authorize exports of certain minor nuclear reactor components to designated eligible recipient countries. Criteria for NRC general export license authorizations are provided for the following:

General Export License Reporting Requirements: Individuals using the NRC general license authorizations for exports of americium and/or neptunium under 10 CFR 110.23, and/or for exports of reactor components under 10 CFR 110.26, are required to submit annual reports on all such transactions to the NRC. The information required in these annual reports and their due dates are specified in 10 CFR 110.54(b) and 10 CFR 110.54(c) respectively.

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General Import Licenses

NRC general import licenses authorize imports of byproduct, source, or special nuclear material, as well as major components of a utilization facility if the U.S. consignee meets certain criteria (e.g., is appropriately authorized to either possess and/or use the commodity being imported [see 10 CFR 110.27].)

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Specific Licenses

Exports or imports of nuclear commodities under the NRC licensing authority, which are not explicitly authorized under one of the aforementioned general export or general import license provisions, must first be approved by the NRC through the issuance of a specific license. To obtain a specific license, an application must be filed with the NRC (10 CFR 110.31) using NRC Form 7 PDF Icon. Each application for an NRC-specific export or import license must provide certain details regarding the proposed export or import transaction (10 CFR 110.32). After receiving an application for a specific license, the NRC may also contact applicants and require the provision of additional information if deemed necessary to review the proposed transaction. Applications for specific licenses must be signed by an authorized representative of the company and will not be processed by the NRC unless and until accompanied with the appropriate the NRC application review and processing fee.

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Specific License Requirement for ALL Exports to Embargoed Destinations

A specific NRC license is required to export any NRC-controlled commodity to an embargoed destination (Cuba, Iran, Iraq, North Korea, Syria, and Sudan). The regulations authorizing general licenses in §§ 110.21 through 110.26 specifically exclude exports to embargoed destinations listed in §10 CFR 110.28. Shipments to a distributor or to a “middle man” in a non-embargoed destination do not relieve the exporter of the requirement to obtain a specific license for NRC-controlled commodities being exported to end users in embargoed destinations. Exporters must determine who the consignee or end user is for exports of any NRC-controlled commodities. If the consignee or end user is in an embargoed destination, then the NRC regulations require the exporter to apply for and obtain a specific NRC license authorizing the export of a specific commodity to a named ultimate consignee for a particular end use in the embargoed destination.

Additional information can be found in NRC Information Notice 2011-07: Specific License Required When Exporting to Embargoed Destinations Listed in 10 CFR 110.28, dated April 14, 2011.

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Fees

The NRC charges a flat fee to review and process applications for specific export, import, amendment or renewal licenses and requests for exemptions from the licensing requirements in 10 CFR Part 110. The fee is derived from one of five flat fee categories (the same for both nuclear materials and equipment) and is commensurate with the average level of effort or number of hours spent by NRC staff to review and process a particular type application. The level of review required for the various types of specific license applications processed by NRC are based on the criteria set forth in 10 CFR 110.40. As of August 16, 2010, the flat fees range from $780.00 for applications involving only minor amendments to $16,900.00 for applications requiring Commission review. The actual fees charged by the NRC to review applications for a specific NRC export or import license are set forth in 10 CFR 170.21 for facilities and equipment and 170.31 for nuclear materials. For more information about fees, see our License Fees page.

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License Terms

Under 10 CFR 110.50 (a), each general or specific license issued by the NRC

  • Is subject to all applicable provisions of the Atomic Energy Act and to all applicable rules, regulations, decisions and orders of the Commission.
  • Is subject to amendment, suspension, revocation or incorporation of separate conditions when required by amendments of the Atomic Energy Act or other applicable law, or by other rules, regulations decisions or orders issued in accordance the terms of the Atomic Energy Act or other applicable law.
  • Authorizes export or import only and does not authorize any person to receive title to, acquire, receive, possess, deliver, use or transfer nuclear equipment or material.
  • If for nuclear material, authorizes the export or import of only the nuclear material and accompanying packaging and fuel element hardware.
  • If for nuclear equipment does not confer authority to export or import nuclear material.
  • If for the export of nuclear equipment, authorizes the export of only those items required for use in the foreign nuclear installation for which the items are intended.
  • Shall not be used to proceed with an export or import if the licensee knows or has reason to believe that the packaging requirements of Part 71 have not been met. In such case, the licensee shall notify the NRC promptly.

Each NRC license, whether specific or general may be revoked, suspended, or modified (10 CFR 110.52).

Each NRC licensee (using either a general or specific NRC export or import license) must have an office in the United States where papers may be served and where records required by NRC will be maintained and can be inspected (10 CFR 110.53).

Under 10 CFR 110.50 (b), each specific license issued by the NRC

  • Will have an expiration date.
  • Will be used by a licensee to export or import only for the purpose stated in the license application.
  • May not be used by a licensee to ship foreign-obligated nuclear material or equipment, unless specifically authorized after the required communications with NRC have been made.
  • Assigns responsibility to the licensee for compliance with applicable requirements of Parts 40, 70, and 73, unless another NRC domestic licensee has assumed that responsibility and NRC has been so notified.
  • May be transferred, disposed of or assigned to another person only upon NRC approval of a license amendment.

NRC specific export and/or import licenses can be amended and/or renewed (10 CFR 110.51) with timely submission of an application for such action. Once a specific license has expired, it cannot be amended or renewed.

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Public Involvement in Export-Import Licensing

Every application submitted to NRC for specific export or import license will be made available to the public in appropriate form via NRC's online document management system ( ADAMS). Applications for certain types of specific export or import licenses will also be noticed in the Federal Register (10 CFR 110.70). NRC welcomes public comments on all applications for specific export or import licenses and requests that, if possible, they be submitted within 30 days from either the release of the application on the Web site or from the publication of the Federal Register notice. To learn how stakeholders can participate in our licensing process, see 10 CFR 110.80 and Public Involvement in Licensing.

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Page Last Reviewed/Updated Thursday, March 29, 2012