Coordinating Your Multi-Agency Nuclear Export Compliance Strategy: Deciphering DOE, NRC, BIS and DDTC Jurisdiction, and the Interplay of C.F.R. Part 810, C.F.R. Part 110, the EAR and ITAR

ACI’s 3rd Annual Summit on Complying with Nuclear Export Controls

March 20 – 21, 2013

According to Nuclear Energy Institute’s Vice President, Richard Myers, ​“the U.S. Department of Commerce estimates the global commercial nuclear market at $500 billion to $740 billion over the next decade. U.S. exporters could create or sustain up to 185,000 American jobs if they were able to capture just 25 percent of the global market.”

This represents a huge potential for U.S. companies, however they need to understand the complex U.S. export rules to capitalize. At American Conference Institute’s 3rd National Summit on Complying with Nuclear Export Controls, you have the unique opportunity to hear from U.S. Government regulators on how evolving policy issues will impact your nuclear export operations, leaders from the energy sector on best practices for expediting licenses, and the leading legal practitioners on minimizing liabilities and risks in emerging markets. The U.S. handling of nuclear exports is separated among the Department of Energy, Department of State, Department of Commerce, and Nuclear Regulatory Commission, thus creating further bureaucratic challenges on U.S. exporters.
Kelley Drye partner Eric McClafferty participated in the session entitled ​‘Coordinating Your Multi-Agency Nuclear Export Compliance Strategy: Deciphering DOE, NRC, BIS and DDTC Jurisdiction, and the Interplay of C.F.R. Part 810, C.F.R. Part 110, the EAR and ITAR’ which discussed:

  • How each agency’s jurisdiction is exclusive from the rest and what trade compliance professionals need to know
  • Addressing specific challenges associated with the multi-agency coordination: Challenges to overcome at the point of jurisdiction determination
  • When to actively seek feedback from who on respective jurisdictions: Seeking advisory opinions early and often
  • Differentiating between items associated with:
    • Nuclear reactors
    • Reactor vessels
    • Core levels
    • Primary coolant of the reactor core
  • Identifying commodity that is exported to determine license required:
    • NRC General v. Specific License
    • DOE General v. Specific Authorization
  • Coordinating with agencies when seeking a 810.8 (a) country  specific DOE authorization
  • Keeping up-to-date on Federal Register for regulatory changes
  • Related economic sanctions challenges that could affect your exports