The U.S. Government maintains controls on exports of nuclear-related items under the authority of the Nuclear Nonproliferation Act of 1978 (NNPA) in order to further the country’s nuclear nonproliferation policy. Although these controls are primarily based on the NNPA, they have been included in this report because they are usually grouped with the other nonproliferation controls referenced elsewhere. Controls based on nuclear end-uses and end-users are maintained under the authority of Section 6 of the Export Administration Act (the Act), as part of the Enhanced Proliferation Control Initiative (EPCI). EPCI controls are described in detail in Chapters 6, 7, and 8 of this report.
On October 22, 2003, the Department of Commerce published an amendment to the Export Administration Regulations (EAR) that added Kazakhstan to Country Group A, Column A:4, as a result of the admission of that country to the Nuclear Suppliers’ Group (NSG).
The Department of Commerce requires a license for the export of the following items:
Factors considered in reviewing applications for licenses include:
Section 17(d) of the Export Administration Act and Section 309(c) of the NNPA are interpreted to provide that: (1) nuclear nonproliferation controls do not expire annually and determinations to extend them are thus not required; and (2) the criteria and other factors set forth in Sections 6(b) through 6(f) of the Act are not applicable to these controls.
The Congress is, therefore, notified that these controls continue in effect. These controls further the nuclear nonproliferation policy of the United States and have made it more difficult for nations to acquire sensitive nuclear technology or equipment.
These controls support U.S. international nuclear nonproliferation obligations. The U.S. Government maintains ongoing discussions with other countries to coordinate export controls for nuclear nonproliferation purposes and is a member of the multilateral NSG. The NSG, composed of 40 members, sets forth export control guidelines applicable to a list of nuclear-related dual use items (see Appendix II for a complete list of regime members.) The United States also is a member of the Zangger Committee, a multilateral group formed in the early 1970s to establish guidelines for the export control provisions of the Nuclear Nonproliferation Treaty.
The Departments of Commerce and Energy, in consultation with the Departments of State, Defense, and the Nuclear Regulatory Commission, regularly review and revise this list of U.S. dual-use items controlled for nuclear nonproliferation reasons. Referred to as the Nuclear Referral List (NRL), this list conforms with our international commitments under the NSG.
17 The analysis, required by law, differs for nuclear nonproliferation controls. It is governed by the Nuclear Nonproliferation Act of 1978 (NNPA). Therefore, the headings under this section differ from the rest of the report.