DOE Publishes Proposed Revisions to Export Control Regulations

Morgan Lewis
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Today, the U.S. Department of Energy (DOE) published proposed changes to its export control regulations in 10 C.F.R. Part 810-the first substantive changes to Part 810 since 1986. The current Part 810 regulations are remnants of the Cold War and are generally viewed as burdensome and difficult to implement from both the applicant's and DOE's perspective. Among others, the proposed changes will affect companies that employ or host visits from foreign nationals or that are involved with nuclear-related work overseas. Nuclear industry vendors also may be affected.

By way of background, Part 810 regulates the export of certain nonpublic, nuclear-related technology and information. Part 810 covers most of the nuclear fuel cycle, from chemical conversion of uranium after it is milled to storage of irradiated materials and processing of high-level waste. For a commercial nuclear power plant, Part 810 typically covers the nuclear island but not the "balance-of-plant"; the latter is typically under the jurisdiction of the U.S. Department of Commerce (DOC).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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