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Export Controls Imposed on Specified Nuclear Reactor Parts

Monday, August 08, 2016
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued an interim final rule making certain items subject to the Export Administration Regulations and imposing on those items a license requirement for exports and reexports to all destinations except Canada. This rule is effective as of Aug. 8 and comments on it are due by Oct. 7.

The rule classifies targets made of or containing lithium specially designed for the production of tritium by insertion in the core of a nuclear reaction, and related development and production technology, under Export Control Classification Numbers 0A521 and 0E521, respectively. These items are controlled for regional stability Column 1 reasons. The only license exception available is for exports, reexports and transfers (in-country) made by or consigned to a department or agency of the U.S. government (GOV).

Items are added to the 0Y521 series upon a determination that they should be controlled for export because they provide at least a significant military or intelligence advantage to the U.S. or because foreign policy reasons justify such control. Items classified under ECCN 0Y521, including the items identified in this rule, remain so classified for one year unless they are reclassified under a different ECCN or an EAR99 designation or the 0Y521 classification is extended. During this time, the U.S. government determines whether it is appropriate to submit a proposed control to the applicable export control regime (in this case, the Nuclear Suppliers Group) for potential multilateral control, with the understanding that multilateral controls are preferable when practical.

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