Civil Nuclear Guide to Exporting
The Civil Nuclear Guide to Exporting was created to help U.S. companies better navigate the rules and regulations governing the export of civil nuclear technology and services. The Guide will take you through the different steps in the export process, and links to the different Federal agencies and departments that regulate the sale and transfer of civil nuclear technology and services.
A flow chart of the U.S. civil nuclear export controls can be viewed as a Flow Chart (PDF) or in a step-by-step format below.
This Guide provides information to U.S. companies interested in exporting, and countries interested in importing, civil nuclear technology, nuclear fuel services, common related equipment, or other nuclear services. The U.S. is committed to preventing the proliferation of nuclear weapons, and ensuring the safe and secure deployment of civil nuclear technology.
These export controls are rigorously enforced to prevent misuse, while allowing for the peaceful use of nuclear technology.
For more information on U.S. civil nuclear industry exports, contact Jonathan Chesebro at (202) 482-1297 or Devin Horne at (202) 482-0775.
Step 1: Does Part 810 Apply?
Background: Part 810 will apply to your company’s ability to bid on a foreign tender if the bidding or pre-bidding process requires releasing business proprietary or export-controlled information. If bidding on a foreign tender does not require your company to release business proprietary or export-controlled information, you do not need 810 Authorization; but to be certain, your company should consult the National Nuclear Security Administration. In some instances companies may seek an 810 Authorization before submitting a bid, so as not to run the risk of licensing issues arising after having already won a contract.
If Part 810 applies,
- File for PART 810 Authorization with DOE.
- After review and DOE grants authorization. Please jump to continue to step 5.
Step 2: Does Part 110 Apply?
Background: Part 110 refers to the process set forth in 10 Code of Federal Regulations Part 110, establishing licensing requirements for any person that seeks to import or export Nuclear Regulatory Commission (NRC)-controlled nuclear equipment or material. Part 110 export restrictions include but are not limited to the following:
- Nuclear production and utilization facilities (e.g., reactors, fuel cycle facilities) and especially designed or prepared equipment/components for such facilities:
- Special nuclear material
- Source material
- Byproduct material
- Deuterium and heavy water
- Nuclear grade graphite for nuclear end use
If Part 110 applies,
- File for a Part 110 export license with NRC.
- After review and NRC issues an export license. Please continue to step 3.
If Part 110 does not apply, jump to step 3. Please note that the country that wants to purchase the goods or services must have a 123 Agreement with the U.S.
Step 3: Is the Activity Subject to the EAR?
Background: Companies exporting nuclear-related multi-use items must receive approval from the Bureau of Industry Security. Nuclear-related multi-use items can include simulators, detectors, analytic equipment, and many types of pipes, valves and other parts. View the steps for using the Export Administration Regulations (EAR).
If the activity is subject to the EAR,
- File for an export license with BIS. Nuclear-related multi-use items are regulated by BIS and your company will need an export license, which you can apply for electronically using the SNAP-R system.
- After review and BIS issues an export license, please continue to step 5.
Step 4: Verify if Export License / Authorization is Needed
After consulting with the appropriate U.S. Government agencies, U.S. companies can at times engage in certain activities related to civil nuclear trade in foreign markets that do not require a license/authorization. Such activities may include: holding meetings with government officials, potential customers and partners; and, participating in trade missions and other similar business development activities, as long as information shared is public and not business-proprietary.
If your product is not subject to Part 810, Part 110, or the EAR, please continue to step 5.