Export Control Compliance
Export control compliance is required by U.S. law and applies regardless of whether information is being shared or a physical item is being shipped.
U.S. nuclear export laws and regulations are tools to achieve U.S. nonproliferation objectives and facilitate legitimate civil nuclear cooperation. U.S. regulatory frameworks strengthen the capacity to deter and prevent the transfer of weapons-related materials, equipment and technology to destinations of concern, while ensuring that nuclear related exports transferred for peaceful purposes are not diverted for weapons use, through the application of International Atomic Energy Agency (IAEA) nuclear safeguards.
Adherence to these nonproliferation standards establishes the U.S. industry as a reliable supplier of civilian nuclear and nuclear-related material, equipment, systems, plants, and technology (including software).
To whom does it apply?
All persons subject to the jurisdiction of the United States, must comply with export control laws and regulations.
- The specific legal definitions of a person, U.S. person, and foreign person (or foreign national) are determined by the individual federal agency that has jurisdiction over the export in question.
- The Nuclear Regulatory Commission (NRC), Department of Energy (DOE), and Department of Commerce (DOC) definitions are provided below for reference, along with the links to the associated regulations. Any questions regarding the interpretation of a definition should be directed to the specific agency with jurisdiction.
What U.S. government agencies have jurisdiction over export control compliance
The Nuclear Regulatory Commission (NRC), Department of Energy (DOE), and Department of Commerce (DOC) have primary jurisdiction over civilian nuclear exports, although in some instances other agencies, such as the Departments of State (DOS) or Treasury, may also restrict exports to specific entities or countries. DOS negotiates, with technical assistance and concurrence of DOE and in consultation with NRC, Nuclear Cooperation Agreements with other countries under Section 123 of the Atomic Energy Act of 1954, as amended. These "123 Agreements" are implemented by the NRC and DOE and are required for the approval of certain exports.
High-Level Jurisdiction
| Jurisdiction | Agency | Reference |
| Assistance to foreign atomic energy activities | Department of Energy National Nuclear Security Administration (DOE/NNSA) | 10 CFR Part 810 |
| Nuclear equipment and materials | Nuclear Regulatory Commission | 10 CFR Part 110 |
| Export of nuclear related "dual-use" items | Department of Commerce/Bureau of Industry and Security (DOC/BIS) |