OVERVIEW OF DOE AND DOC NUCLEAR EXPORT CONTROLS NUCLEAR SUPPLIERS WORKSHOP. Stephen Burdick, Esq. ( ) September 6, 2017

Similar documents
U.S. Nuclear Export Controls and Proposed Changes to the Part 810 Regulations

1 Introduction to ITC-26. Introduction to the ITC and DEPO. October 24 November 11, 2016 Albuquerque, New Mexico, USA Greg Baum

Global Workforce Trends. Quarterly Market Report September 2017

Country Requirements for Employer Notification or Approval

International Trade. Virginia Economic Development Partnership. Presented By: Ellen Meinhart

Kris West Associate VP for Research Director, Office of Research Compliance. 8/18/2011 Office of Research Compliance 1

International Recruitment Solutions. Company profile >

EUREKA and Eurostars: Instruments for international R&D cooperation

OECD Webinar on alternatives to long chain PFCs Co-organized with the Stockholm Convention Secretariat 18 April 2011

Importance of Export Control & Japan s Export Control

Welcome to Bell Reservationless Audio Conferencing. A guide to help you get started with your new Bell service

Research on the Global Impact of the Ronald McDonald House Program

EUREKA Peter Lalvani Data & Impact Analyst NCP Academy CSIC Brussels 18/09/17

1. The number of known arms producers has doubled after the end of the cold war.

Healthcare Practice. Healthcare PanelBook 2017

The EUREKA Initiative An Opportunity for Industrial Technology Cooperation between Europe and Japan

EUREKA An Exceptional Opportunity to extend Canadian company reach to Europe, Israel and South Korea

Report on Exports of Military Goods from Canada

NATO Ammunition Safety Group (AC/326) Overview with a Focus on Subgroup 5's Areas of Responsibilities

Export Control Reform Initiative 17 May George Mason University ITRN

National scholarship programme for foreign students, researchers and lecturers SCHOLARSHIP FOR STUDIES IN HIGHER EDUCATION INSTITUTION Guidelines 2018

Quarterly Monitor of the Canadian ICT Sector Third Quarter Covering the period July 1 September 30

2018 CFA INSTITUTE GLOBAL SOCIETY LEADERSHIP CONFERENCE

Personnel. Staffing of the Agency's Secretariat. Report by the Director General

Compensation. Benefits. Expatriation.

If the World is your Oyster,.Where are the Pearls?

NUCLEAR REGULATORY UPDATE

First quarter Wednesday, April 22, Bezons

Best Private Bank Awards 2018

BRIDGING GRANT PROGRAM GUIDELINES 2018

ESSM Research Grants T&C

A Platform for International Cooperation

Q Manpower. Employment Outlook Survey Global. A Manpower Research Report

The EUREKA Initiative. Matteo Fedeli EUREKA Secretariat

First quarter of 2014 Euro area job vacancy rate up to 1.7% EU28 up to 1.6%

CALL FOR APPLICATIONS FOR STATE SCHOLARSHIPS IN HUNGARY 2018/2019

Tier 4 visa application guidance applying outside the UK (entry clearance)

Pure Michigan Export Program Opening New Doors for Michigan Exporters

E-Seminar. Teleworking Internet E-fficiency E-Seminar

ITU Statistical Activities

Study Overseas Short-term Mobility Program Scholarships

Exploiting International Life Science Opportunities. Dafydd Davies

University of Wyoming End of Semester Fall 2013 Students by Country & Site

Information and Communications Technologies (ICT) Quarterly Monitor of the Canadian ICT Sector Third Quarter 2012

25th Annual World s Best Bank Awards 2018

ERASMUS+ current calls. By Dr. Saleh Shalaby

This document is a preview generated by EVS

Q Manpower. Employment Outlook Survey Global. A Manpower Research Report

CFA Institute 2017 Regional Society Leadership Conferences SPONSORSHIP OPPORTUNITIES

SOUTH AFRICA EUREKA INFORMATION SESSION 13 JUNE 2013 How to Get involved in EUROSTARS

The G200 Youth Forum 2015 has 4 main platforms which will run in tandem with each other:

ECHA Helpdesk Support to National Helpdesks

ManpowerGroup Employment Outlook Survey Global

ManpowerGroup Employment Outlook Survey Global

Seafarers Statistics in the EU. Statistical review (2015 data STCW-IS)

5.U.S. and European Museum Infrastructure Support Program

HEALTH CARE NON EXPENDITURE STATISTICS

Going Global Country Career Guide and USA/Canada City Career Guide Combined Premium Collection USER S GUIDE

Fact sheet on elections and membership

Q Manpower. Employment Outlook Survey Global. A Manpower Research Report

The industrial competitiveness of Italian manufacturing

Erasmus+ Work together with European higher education institutions. Piia Heinämäki Erasmus+ Info Day, Lviv Erasmus+

Q Manpower. Employment Outlook Survey Global. A Manpower Research Report

SUBJECT: Effective Date: Policy Number: Export Control 3/22/ Supersedes: Page Of

Renowned Teaching Hospital Sets New Standards for Providing Healthcare in Germany, and Beyond

TUITION FEE GUIDANCE FOR ERASMUS+ EXCHANGE STUDENTS Academic Year

Erasmus + Call for proposals Key Action 2 Capacity Building in the field of Higher Education (I)

RULES - Copernicus Masters 2017

Welcome to Ascom Wireless Solutions. Integrated Workflow Intelligence. Kent Badenfors, Area Sales manager CEE and Brazil

EVC 2018 Statistics. EVC Participants: Geographical breakdown. EVC 2018 : 55 Countries (Total participants :1806)

Erasmus + program the way towards the global mindset (from the partner countries perspectives)

RELAUNCHED CALL FOR APPLICATIONS FOR STATE SCHOLARSHIPS IN HUNGARY 2017/2018

2017 China- Europe Research and Innovation Tour

Erasmus Student Work Placement Guide

Manpower Employment Outlook Survey

MEASURING R&D TAX INCENTIVES

International Cooperation Types of Activities

Personnel. Staffing of the Agency's Secretariat

OPCW UN JOINT MISSION IN SYRIA

Health Workforce Policies in OECD Countries

ManpowerGroup Employment Outlook Survey Global

EU PRIZE FOR WOMEN INNOVATORS Contest Rules

Supporting Syria and the region: Post-Brussels conference financial tracking

Manpower Employment Outlook Survey

Call for Proposals 2012

M3 Global Research Overview

FPT University of Vietnam Scholarships

Erasmus+ Capacity Building for Higher Education. Erasmus+

ERASMUS+ INTERNSHIP MOBILITY?

4632 Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Rules and Regulations

Information and Communications Technologies (ICT) Quarterly Monitor of the Canadian ICT Sector Second Quarter 2011

ManpowerGroup Employment Outlook Survey New Zealand

Export Control Regulations

APPENDIX B: Organizational Profiles of International Digital Government Research Sponsors. New York, with offices in Geneva, Vienna, and Nairobi

The NATO Science for Peace and Security (SPS) Programme

Information and Communications Technologies (ICT) Quarterly Monitor of the Canadian ICT Sector First Quarter 2011

Information and Communications Technologies (ICT) Quarterly Monitor of the Canadian ICT Sector Third Quarter 2011

ERC Grant Schemes. Horizon 2020 European Union funding for Research & Innovation

ManpowerGroup Employment Outlook Survey Czech Republic

SPONSORSHIP OPPORTUNITIES

Transcription:

OVERVIEW OF DOE AND DOC NUCLEAR EXPORT CONTROLS NUCLEAR SUPPLIERS WORKSHOP Stephen Burdick, Esq. (202-739-5059) September 6, 2017

Agenda I. Why do you care? II. Overview/Purpose of U.S. Nuclear Export Controls III. Key Concepts/Terminology IV. Department of Energy (DOE) 10 CFR Part 810 V. Department of Commerce (DOC) Export Administration Regulations (EAR) 2

Why do you care? The nuclear industry is an international marketplace Non-public, commercial nuclear technology is controlled for export o DOE Examples - Civilian Commercial Nuclear Power Plant technology, other nuclear fuel cycle technologies o DOC Examples - Diesel generator, hydrogen detector, radiation detector, nuclear waste handling, and switch yard technology Deemed exports The Government can impose civil and criminal penalties for non-compliance with export control laws 3

Other Areas Relating to Nuclear Export Controls Export of nuclear materials and some nuclear equipment covered by Nuclear Regulatory Commission (NRC) regulations U.S. import laws U.S. Military/arms exports Import/Export laws of other countries Other U.S. domestic categories of protected information such as Applied Technology and Classified Information U.S. trade laws not specific to nuclear facilities and technology ****Not covered in this presentation 4

Export Jurisdiction DOE s National Nuclear Security Administration (NNSA) assistance to foreign atomic energy activities (10 CFR Part 810) DOC s Bureau of Industry & Security (BIS) Export Administration Regulations (EAR) (15 CFR Subchapter C) NRC s Office of International Programs export regulations (10 CFR Part 110) (**not part of this training) Department of State International Traffic in Arms Regulation (ITAR) 22 CFR Parts 120 et seq. (**not part of this training). 5

Purpose of Nuclear Export Controls Control exports of certain commodities, software, and technology for various reasons: Nuclear Non-Proliferation National Security/Anti-Terrorism Foreign Policy/Regional Stability 6

Purpose of Nuclear Export Controls Controls: Licenses/authorizations sometimes required Prohibitions on exports to certain end users/uses Reporting requirements Exporting is a privilege Can be taken away (civil and criminal penalties) Strict liability for noncompliance 7

Different Kinds of Exports Commodities Software/Technology in the U.S. US Person in Foreign Country* To Foreign Person in Foreign Country Foreign Person in United States ( Deemed Export ) 8

Example You are shipping a pump from your factory in Tennessee to the United Kingdom for use in a nuclear fuel fabrication facility. Should you consider nuclear export control requirements? 9

What is a Traditional Export? Physical item shipped from the U.S. to a foreign country Technology sent to a foreign country (for example, email) 10

Example You are looking for help to get through a major project. A nuclear engineering PhD student from MIT asks to be a summer intern for no pay. Her resume is great and you want to hire her. She has an F-1 student visa and is from Canada. Should you consider nuclear export control requirements? 11

What Is a Deemed Export? Technology shared with a foreign national inside the U.S., or technology access given to a foreign national inside the U.S. A Deemed Export can occur by: hand delivery visual observation conversations providing training or services IT system access 12

Who is a Foreign National? Not a U.S. Citizen or U.S. National Not a U.S. Lawful Permanent Resident (does not hold a Green Card ) Not someone who is a protected individual under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)) (generally, asylum or refugee status) For example: Foreign subsidiary of a U.S. company Foreign citizen working for a U.S. company Foreign citizen executives of a foreign company visiting the U.S. 13

Examples You want to partner with a foreign company to manufacture components for U.S. nuclear fuel cycle facilities. To do so, you will need to share specifications for your customers facilities with the foreign company. Should you consider nuclear export control requirements if the foreign company is sending the manufactured component to you in the U.S.? Your U.S. company provides outside technical consultants to the U.S. nuclear power industry. As part of your work, you routinely receive proprietary drawings and schematics from your customers. You store these on your IT systems, which are backed up to the cloud. Should you consider nuclear export control requirements? 14

Definition of Technology - 10 CFR 810.3 Technology means assistance or technical data required for the development, production or use of any plant, facility, or especially designed or prepared equipment for [certain nuclear fuel cycle] activities [described in a later slide]. Technical data means data in such forms as blueprints, plans, diagrams, models, formulae, engineering designs, specifications, manuals, and instructions written or recorded on other media or devices such as disks, tapes, read-only memories, and computational methodologies, algorithms, and computer codes that can directly or indirectly affect the production of special nuclear material. **Similar definitions in EAR (15 CFR 772.1), but not limited to nuclear facilities. Bottom line: Any time non-public technical information is shared, or access or assistance is provided, nuclear export controls could be implicated 15

Examples of What Is Not Covered Technology: Transfers between U.S. persons o Transfer to a citizen of both the U.S. and a foreign country (dual national) Publicly available (but beware of enhancements) Arises during, or results from Fundamental research (i.e., Non-Restricted) Generally-available marketing information on the purpose and/or function of an item Staffing levels/human Resources information Company financial information Vendor pricing information 16

Example Your company has an open-office policy with an open floor plan, limited offices, and no dedicated work spaces to encourage collaboration. You hire many of your engineers on H1-B visas, and leverage the expertise of foreign contractors for some of the work. From time to time, employees of the foreign contractors visit the office. A small portion of your work relates to civilian commercial nuclear power plants, but your work also relates to work at gas-fired power plants. Should you consider nuclear export control requirements? 17

U.S. Department of Energy 10 CFR Part 810 18

DOE s Export Jurisdiction - Overview Statutory basis very, very broad: Section 57b(2) Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) It shall be unlawful for any person to directly or indirectly engage or participate in the development or production of any special nuclear material outside of the United States except... (2) upon authorization by the Secretary of Energy after a determination that such activity will not be inimical to the interest of the United States. Special Nuclear Material (SNM) examples: Enriched uranium, Plutonium DOE s implementing regulations 10 CFR Part 810: Assistance to Foreign Atomic Energy Activities. Updated most-recently in March 2015 19

Part 810 Scope Transfer of technology related to any activity listed in Section 810.2(b) Chemical conversion and purification (U, Pu, Np) Nuclear fuel fabrication Isotope separation (U or Pu or can be applied to U or Pu) Nuclear reactor development, production or use of the components within or attached directly to the reactor vessel, the equipment that controls the level of power in the core, and the equipment or components that normally contain or come in direct contact with or control the primary coolant of the reactor core Accelerator-driven subcritical assembly systems Some heavy water production and hydrogen isotope separation Some reprocessing activities The transfer of technology for the development, production, or use of equipment or material especially designed or prepared for any of the above listed activities. 20

Part 810 Scope Common Question: Why does Part 810 apply to nuclear power plant, which use/consume SNM? Very broad interpretation of assistance to a foreign atomic program in the production of SNM Nuclear power plants produce some plutonium (U 238 to Pu 239 ) in the fission process Plutonium is SNM Power plants can be optimized to produce SNM 21

General and Specific Authorizations Section 57b: except upon authorization by the Secretary of Energy non-delegable Two types of Authorizations General Authorization (Pre-approved by the Secretary of Energy) Issued by regulation After-the-fact reporting Specific Authorization Akin to a license Reporting specified in the authorization Has conditions and an expiration date Some hybrid exceptions 22

General and Specific Authorizations Bifurcation of the World for commercial nuclear power plant technology Pre-approved Generally authorized All others require a Specific Authorization 23

Generally Authorized Countries (Appendix A to 10 CFR Part 810) (as of Aug. 2017) Argentina Australia Austria Belgium Brazil Bulgaria Canada Chile* Colombia Croatia Cyprus Czech Republic Denmark Egypt Estonia Finland France Germany Greece Hungary Indonesia International Atomic Energy Agency Ireland Italy Japan Kazakhstan Korea, Republic of Latvia Lithuania Luxembourg Malta Mexico** Morocco Netherlands Norway Poland Portugal Romania Slovakia Slovenia South Africa Spain Sweden Switzerland Taiwan Turkey Ukraine*** United Arab Emirates United Kingdom Vietnam *For all activities related to INFCIRC/834 only. **For all activities related to INFCIRC/203 Parts 1 and 2 and INFCIRC/825 only. ***Refer to 810.14 for specific information and requirements. 24

General and Specific Authorizations Some technologies are Specifically Authorized for all countries (e.g., sensitive nuclear technology ) Uranium isotope separation Fuel fabrication containing plutonium Heavy water production Hydrogen isotope separation Production accelerator-driven subcritical assembly systems Production or breeder reactors Reprocessing of nuclear fuels or targets containing SNM (other than Moly-99) 25

General and Specific Authorizations Magic Unescorted Access Exception Convert Specifically Authorized to Generally Authorized Working at an NRC-licensed facility Employed by or contracted to work for a U.S. employer NRC unescorted access Confidentiality Agreement Separate reporting 26

AEA 57(b)/Part 810 Enforcement Criminal Penalties Willful violation, conspiracy, etc. Preemptive penalties injunction & restraining orders Fines & jail time Up to $10,000 per violation and/or 10 years in jail Up to $20,000 and/or life imprisonment if intent to injure the U.S. Civil Penalties No intent to violate the law needed strict liability Fines and debarment. 27

U.S. Department of Commerce Export Administration Regulations (EAR) 28

Authority & Terminology Statutory authority: Export Administration Act of 1979, as amended, 50 U.S.C. app. 2401-2420 International Emergency Economic Powers Act with respect to the EAR (50 U.S.C. 1701-1706) Regulatory authority Export Administration Regulations (EAR) 15 CFR, chapter VII, subchapter C Much of the terminology is very similar to DOE Applies to U.S. persons who export Items to foreign nationals wherever they are located Definitions are in Section 772.1 29

EAR Scope Generally, items not under the export jurisdiction of the NRC and DOE Example relevant to Civilian Commercial Nuclear Power Plants: Balance of Plant Commerce Control List 15 CFR Part 774, Supplement No. 1 Inclusive List of Export Control Classification Numbers (ECCNs) unlike DOE ** U.S. manufacturers should know the ECCN for their products 30

DOC Penalties for Violations Criminal Fines Seizure and forfeiture Administrative Civil monetary penalty Denial of export privileges Exclusion from practice 31

Example - ECCN 2A290 ECCN 2A290 - Generators and other equipment specially designed, prepared, or intended for use with nuclear plants. Items: a. Generators, turbine-generator sets, steam turbines, heat exchangers, and heat exchanger type condensers designed or intended for use in a nuclear reactor; b. Process control systems intended for use with the equipment controlled by 2A290.a. Related Controls: (1) See ECCN 2D290 for software for items controlled under this entry. (2) See ECCNs 2E001 ( development ), 2E002 ( production ), and 2E290 ( use ) for technology for items controlled under this entry. (3) Also see ECCN 2A291. (4) Certain nuclear equipment specially designed or prepared for use in nuclear plants is subject to the export licensing authority of the Nuclear Regulatory Commission (see 10 CFR part 110). 32

ECCN 2A290 ECCN 2A290 - Generators and other equipment specially designed, prepared, or intended for use with nuclear plants. 33

DOC Export Controls 34

Other requirements This training does not cover all the other restrictions and procedures identified in the EAR. These include, for example: End user checks Red flags Anti-boycott provisions Clearing U.S. Customs Electronic Export Information (EEI) filing requirements (Exporters or agents authorized to file EEI to the Automated Export System (AES)) Reexports Foreign-made items incorporating controlled U.S.-origin items and the de minimis rules 35

Questions? 36

Stephen J. Burdick Partner Washington, D.C. 1.202.739.5059 Stephen.Burdick@morganlewis.com 37

Our Global Reach Our Locations Africa Asia Pacific Europe Latin America Middle East North America Almaty Astana Beijing* Boston Brussels Century City Chicago Dallas Dubai Frankfurt Hartford Hong Kong* Houston London Los Angeles Miami Moscow New York Orange County Paris Philadelphia Pittsburgh Princeton San Francisco Shanghai* Silicon Valley Singapore Tokyo Washington, DC Wilmington *Our Beijing office operates as a representative office of Morgan, Lewis & Bockius LLP. n Shanghai, we operate as a branch of Morgan Lewis Consulting (Beijing) Company Limited, and an application to establish a representative office of the firm is pending before the Ministry of Justice. In Hong Kong, Morgan Lewis operates through Morgan, Lewis & Bockius, which is a separate Hong Kong general partnership registered with The Law Society of Hong Kong as a registered foreign law firm operating in Association with Luk & Partners. 38