The Bureau of Industry and Security (BIS) has expanded the scope of its nuclear-related export controls on the People’s Republic of China (China) and Macau to impose tighter license requirements on items that could cause potential nuclear activity concerns. These controls enhance U.S. Government efforts to monitor the export of these items and to ensure they are only being used in peaceful activities—such as commercial nuclear power generation, medical developments, production of or use in medicine, and non-military industries.
The change will add new license requirements for shipments to China and Macau—for all items controlled for Nuclear Nonproliferation reasons in Column 2 of the Export Administration Regulations’ Commerce Country Chart. Those items are listed under Export Control Classification Numbers 1A290, 1C298, 2A290, 2A291, 2D290, 2E001, 2E002, and 2E290 and include depleted uranium, graphite, and deuterium for non-nuclear end use, generators, and “other equipment for nuclear plants,” BIS said. The license review policy varies, but some applications may be reviewed under a policy of extended review or denial.
The Nuclear Regulatory Commission (NRC) also issued an order suspending the general license that had authorized exports of certain nuclear items for nuclear end uses in China. Exporters “now must apply for a specific license in accordance with NRC regulations,” the agency said.
All exports that now require a license because of the BIS changes that were aboard a carrier to a port as of August 11, may proceed to their destinations under the previous eligibility if they have been exported no later than September 11, BIS said.
BIS has released two corrections to its final rule. The first was an “inadvertent error” in the rule’s “regulatory instructions” and the second correction fixes the Commerce Country Chart that was included in the original final rule.
By Clarissa Chiclana