Background
On April 21, 2022, President Biden issued Proclamation 10371 invoking emergency authority and prohibiting Russian-affiliated vessels from entering U.S. ports. Section 2(a) of the Proclamation provides an exception to this prohibition for Russian-affiliated vessels used to transport source material, special nuclear material, and nuclear byproduct material, for which, and for such time as, the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, determines that no viable source of supply is available that would not require transport by Russian-affiliated vessels.
How to Request Exception
On May 2, 2022, the Department of Energy issued instructions for requesting a determination for exception under Section 2(a) from the Secretary of Energy.
Frequently Asked Questions
What is Proclamation 10371?
Proclamation 10371 prohibits Russian-affiliated vessels from entering U.S. ports but provides an exception for Russian-affiliated vessels used to transport source material, special nuclear material, and nuclear byproduct material, for which, and for such time as, the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, determines that no viable source of supply is available that would not require transport by Russian-affiliated vessels.
Who can apply for a Secretarial determination for an exception under Section 2(a) of the Proclamation?
The applicant must be a U.S. end user of the material.
How long will it take to receive a Secretarial Determination for exception under Section 2(a)?
Prior to the Secretary or her delegee making a determination under Section 2(a), the Secretary or her delegee must consider the information included in each application and consult with the Secretaries of State and Commerce. The time required will vary application-to-application and will be affected by the sufficiency of the information provided in each application. To reduce wait time, applicants should engage with the Department of Energy as soon as possible.
How is vessel affiliation determined?
Vessel affiliation is determined by the U.S. Coast Guard and the Department of Transportation. Inquiries associated with maritime vessel affiliation should be directed to the U.S. Coast Guard Office of Commercial Vessel Compliance (CVC) or the Department of Transportation’s Maritime Administration (MARAD).
If a Russian-affiliated vessel is carrying source, special nuclear, or byproduct material, and the Secretary of Energy or her delegee determines under Section 2(a) that the vessel is excepted from the prohibition, can that Russian-affiliated vessel also unload other material onboard the vessel?
The U.S. Coast Guard/Customs and Border Patrol is responsible for determinations as to whether other cargo may be unloaded from a Russian-affiliated vessel that enters the United States. The Secretary of Energy, or her delegee, is only responsible for receiving requests for and making determinations under Section 2(a) of the Proclamation.