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Export Control

The Department of Energy’s Part 810 regulations govern the export of peaceful nuclear energy technology.

The Department of Energy proposed changes to these regulations in September 2011. After a period of public comment, DOE published another proposed rule (Supplementary Notice of Proposed Rulemaking) in August 2013.

NEI commented on both the 2011 and 2013 proposed rules:

In its 2013 comments, NEI commends DOE for improving its rule since it was first proposed in 2011 and provides the agency with many options to improve it further.

Additional Resources

A Comparative Analysis of National Regimes for the Control of Nuclear Materials, Components and Technology

A study on nuclear export controls was prepared for the Nuclear Energy Institute by the law firm Pillsbury Winthrop Shaw Pittman LLP, and published on October 1, 2012. The study found that the commercial nuclear export control regimes of the five leading nuclear supplier countries – the United States, the Russian Federation, Japan, the Republic of Korea (ROK) and France – revealed that the U.S. regime is more complex, restrictive and time-consuming than other regimes examined in the study. Taken together, the differences between the U.S. and non-U.S. regimes result in a competitive disadvantage on commercial nuclear exp orters from the United States.

The report focuses on key aspects of nuclear export control, such as the structure and organization of regulatory systems, the scope of controls over nuclear and nuclear-related commodities and technology, types of licenses issued, license issuance requirements, processing times, and other distinguishing characteristics of each regime.

Congressional Concerns with the Part 810 proposed rule

  • Letter of November 16, 2011, from Minority Whip James E. Clyburn (D-SC) and Reps. Judy Biggert (R-IL), Jason Altmire (D-PA), and Mike Simpson (R-ID) to Secretary of Energy Steven Chu expressing concern that the proposed rule unnecessarily restricts commerce and reduces U.S. competitiveness.
  • Letter of December 9, 2011, from Rep. Ed Whitfield (R-KY), Chairman of the House Energy and Commerce Committee's Subcommittee on Energy and Power, to Secretary of Energy Steven Chu expressing concerns about the proposed rule's wide-ranging adverse consequences.
  • Letter of March 26, 2013, from House Energy and Commerce Committee Chairman Fred Upton (R-MI), the committee's vice chairman and subcommittee chairmen to Secretary of Energy Steven Chu asking for information on how DOE implements export control laws, and the economic impacts of the Part 810 proposed rule.