Basic information
Outline of the system
The Nuclear Regulatory Commission (NRC) regulations governing the import of certain nuclear facilities and most radioactive materials are published in 10 CFR Part 110 pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended. These regulations apply to all persons in the United States although certain exemptions exist for the U.S. Department of Energy and the U.S. Department of Defense.
The nuclear facilities and radioactive materials subject to NRC import licensing authority include: production and utilization facilities, special nuclear materials, source materials, and by-product materials, including when such materials are contained in radioactive waste. The definition for each of these terms is provided in 10 CFR § 110.2.
These items may be imported under either a general NRC license or a specific NRC license. A general import license is effective and does not require filing an application with NRC for review or issuance of a written license document to a particular person. If the general license provisions in 10 CFR 110.27 do not authorize an import, then a specific import license is required. An application must be filed with NRC for review, and if approved, a written license document is issued to a named person, authorizing specific transactions to occur within a set time period.
Most by-product, source, and/or special nuclear materials are authorized for import under an NRC general license to the extent the U.S. consignee possesses an appropriate domestic authorization required for receipt, use, or distribution of the import. Parties utilizing the NRC general import license in 10 CFR § 110.27 must comply with applicable domestic regulations, often administered by one or more U.S. federal and/or state government agencies. Depending on the type and quantity of material involved, importers may be required to provide advance notification of shipment to NRC and maintain records of the transactions for a period of three to five years.
Specific NRC licenses are required for imports of production or utilization facilities (except major components of a utilization facility imported for end-use at a utilization facility licensed by NRC), 100 kilograms or more per shipment of irradiated nuclear fuel, and any special nuclear, source or by-product materials in the form of radioactive waste.
On 1 July 2005, NRC added new specific license requirements for imports of certain radioactive sealed sources and radionuclides in bulk form to codify certain provisions of the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conduct). Appendix P was added to 10 CFR 110, which lists the radioactive materials and establishes Category 1 and 2 threshold quantities, requiring a specific NRC license for import into the United States beginning 28 December 2005. On July 28, 2010, the NRC published a final rule in the Federal Register that, among other things, amended 10 CFR Part 110 to allow imports of Category 1 and Category 2 quantities of material listed in Appendix P under a general license (28 July 2010; 75 FR 44072). This change was made because of enhancements to the NRC's domestic regulatory framework. Importers of Category 1 and 2 materials under a general license are still subject to the notification requirement prior to shipment as set forth in § 110.50. The rule change requires notification seven days in advance of shipments for imports authorized under the general license.
A copy of 10 CFR Part 110 containing the Nuclear Regulatory Commission Regulations governing the Export and Import of Nuclear Equipment and Material is available for consultation in the Secretariat (Market Access Division).
On 20 April 2006, the NRC amended its regulations governing the import and export of nuclear equipment and material to implement the provisions of the Energy Policy Act of 2005. This amendment revised the definition of by-product material to include discrete sources of radium-226, accelerator-produced radioactive material, and discrete sources of naturally occurring radioactive material. The specific import licenses required for imports of radium-226 that met the threshold values of the IAEA Code of Conduct were eliminated in 2010 (see 75 FR 44072).
On 10 July 2014, the NRC amended its regulations pertaining to the export and import of nuclear materials and equipment to conform United States export controls to the international export control guidelines of the Nuclear Suppliers Group (NSG), of which the United States is a participating government, and to incorporate by reference the current version of the International Atomic Energy Agency's (IAEA) document, “Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Revision 5), January 2011.
Product coverage
As noted in reply 1, an NRC license – either general or specific – is required for imports of production and utilization facilities (except major components of a utilization facility imported for end-use at a utilization facility licensed by NRC); special nuclear material; source material and by-product material.
Nature of licensing
Automatic
If Automatic, administrative purpose
Not applicable.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic. The purpose of the license is to it is to protect public health and safety and the environment, and maintain the common defense and security of the United States, by exercising prudent controls over the possession, use, distribution, and transport of such items.
Products under restriction as to the quantity or value of imports
The purpose of adopting licensing requirements is not to restrict quantities or values of items imported; it is to protect public health and safety and the environment, and maintain the common defense and security of the United States, by exercising prudent controls over the possession, use, distribution, and transport of such items.
Questions for products under restriction as to the quantity or value of imports
There are no restrictions specifically designed to limit the quantities or values of items imported under NRC regulations; however, quantities of material imported could be restricted by the U.S. consignee domestic possession limit.
The system applies to products originating from which country?
The licensing requirements apply to goods originating in and coming from all countries, but do not apply to transhipments, i.e., those which are just passing through the United States.
Expected duration of licensing procedure
Applicants should anticipate allowing from one to three months (or more) from the date an application is received by NRC depending on the specific commodity (e.g., a specific license for the import of radioactive waste requires several months' review).
Legal requirements
Is the licensing statutorily required?
As mentioned in reply 1, NRC regulations in 10 CFR Part 110 are issued pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
In general, the legislation defines the categories of products and facilities that are subject to licensing controls with some discretion in definitions left to administrative determination.
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
To be eligible to apply for licenses, all persons, firms, and institutions must have a permanent (physical) address within the United States where papers may be served and where records required by the Commission are maintained and can be inspected.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Nuclear Regulatory Commission
Address
11555 Rockville Pike, Rockville, MD 20852
Telephone
301-287-9057
Fax
301-415-2395
Contact officer
Not applicable.
Submission of an application
Administrative body(ies) for submission of an application
Nuclear Regulatory Commission
Documentation requirements
What information is required in applications?
Information required in an application for a specific license is set out in 10 CFR § 110.31 and § 110.32. Applications are submitted on NRC Form 7, which is available on the NRC public web site. NRC may request additional information, if necessary, to conduct the licensing review required by the applicable statutes.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
There is no fixed period for submitting a specific license application in advance of importation, although it must be reviewed and a license must be issued before the importation occurs.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which a specific import license application can be submitted to NRC. NOTE: Specific import licenses issued have expiration dates, and can be amended and/or renewed, as long as NRC receives the request for such action before the expiration date. Once a license expires, it cannot be amended or renewed.
Issuing the license
Can a licence be granted immediately on request?
A specific license would not be granted immediately upon request. Applicants should anticipate allowing from one to three months (or more) from the date an application is received by NRC depending on the specific commodity (e.g., a specific license for the import of radioactive waste requires several months' review). NRC is required to make copies of every application received available to the public for minimum of 30 days before issuing a license. This is to provide interested parties with an opportunity to submit written comments on the application or request a hearing (see 10 CFR § 110.70 and § 110.82).
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The Commission does have the authority to grant specific exemptions from the regulations in 10 CFR Part 110 under certain conditions (10 CFR § 110.10), and this authority has been exercised for example, to grant licenses within a short period of time.
Which administrative body is responsible for approving application of licences?
An NRC import license authorizes the import only and does not confer authority to receive title to, acquire, receive, possess, deliver, use or transfer items imported.
Must the applications be passed on to other organs for visa, note or approval?
For certain specific import license applications, the NRC is required to consult with and/or seek concurrences from other federal agencies (most commonly the Departments of State and Energy), although final licensing responsibility remains with the NRC.
Are there any other conditions attached to the issue of a licence?
Special conditions may be added to specific licenses if necessary to underscore unique, new or revised domestic requirements, for example, affecting transportation arrangements, security measures and timing of advance notifications.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No fees are charged for processing license applications.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Applications that are deficient are normally withdrawn or returned without action. Although NRC has the authority to deny, to revoke or suspend licenses, it is rarely exercised.
Are the reasons for any refusal given to applicants?
Reasons for such actions must be made known to an applicant/licensee who would have the right to appeal.
Have applicants a right of appeal in the event of refusal to issue a licence?
Avenues for applicants, licensees, and members of the public to appeal NRC actions are given in Subparts H, I, J and K of 10 CFR Part 110.
If so, to what bodies and under what procedures?
Avenues for applicants, licensees, and members of the public to appeal NRC actions are given in Subparts H, I, J and K of 10 CFR Part 110.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
For the materials listed in Appendix P to 10 CFR Part 110, licensees must submit import notifications at least seven days in advance of each shipment and include the information listed in 10 CFR § 110.50(c). In addition, import forms customarily required by other U.S. government agencies are also necessary for all items imported under NRC requirements (e.g., Customs and Border Protection and Department of Commerce documents). There may also be other reporting and advance notification requirements for certain transfers of nuclear material that are established by domestic possession licenses, not import licenses.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Since many materials authorized for import under specific or general NRC licenses are considered hazardous and/or strategically significant, additional arrangements may be necessary in conjunction with their transportation. These arrangements may involve physical protection measures, special handling procedures for health and safety purposes, or advance notice of pending receipt and thus would not be included as special import license conditions. Such requirements normally apply to U.S. parties who transfer or receive specific types of materials, and are not related to whether the shipment originates from a domestic or a foreign source.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A specific import license is usually valid for a period of three to five years from the date of issuance but could be longer if the applicant so requests and the NRC agrees.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for not using a specific NRC import license (i.e., if the items authorized for import are not imported); however, violations of any of the terms and conditions of an NRC import license are subject to enforcement including imposition of civil or criminal penalties.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
A specific license may be transferred or assigned to another person only with the approval of the Commission.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.