NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov/OPA

No. 05-080 May 12, 2005

NRC TOUGHENS EXPORT-IMPORT REQUIREMENTS 

FOR CERTAIN RADIOACTIVE MATERIALS

The Nuclear Regulatory Commission today approved new regulations to require specific

licenses for the export or import of radioactive materials that could be used in so-called “dirty bombs”

or other terrorist weapons, making the United States the first country to implement international export

controls on these materials.

“The export-import controls are part of the Commission’s effort to protect the American people

from the threat of radiological terrorism while allowing the beneficial, peaceful uses of radioactive

materials in industry and medicine,” NRC Chairman Nils J. Diaz said. “They are part of the U.S.

government’s efforts to increase control of radioactive material, in cooperation with our allies.”

The regulations, contained in a final rule to be published next month in the Federal Register

and to be effective by Dec. 31, are based on export-import provisions of the Code of Conduct on the

Safety and Security of Radioactive Sources adopted in September 2003 by the International Atomic

Energy Agency (IAEA). The United States played a key role in developing the Code of Conduct and, at

U.S. urging, the Group of Eight Industrial Nations agreed at their June 2004 summit in Sea Island, Ga.,

to implement the Code’s export-import provisions by December 2005. With this rule, the United States

is the first country to do so.

The new regulations require specific licenses for all exports and imports of radioactive

materials (in sealed sources or in bulk) as defined in the rule. The rule’s lists of nuclear materials and

radioactivity levels of concern are essentially identical to those in Category 1 and Category 2 of the

Code of Conduct. Anyone in the United States wishing to export or import these materials would be

required to apply for NRC approval. Under current NRC regulations, these radioactive materials may

be exported or imported under a general license, which does not require filing an application to the

NRC or the issuance of licensing documents.

Before approving an export license, the NRC will determine that the proposed export is not

inimical to the common defense and security of the United States. In making this determination, the

Commission, in consultation with the Executive Branch, will consider whether the importing country

has the technical and administrative capability and the resources and regulatory structure to manage the

material in a safe and secure manner, and has authorized the recipient to receive and possess the

material.
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Import licenses will be granted only after NRC determines the import would not be inimical to

the common defense and security of the United States or pose a threat to public health and safety.

Importers must verify to the exporting country that they are authorized to receive the material, provide

prior notification of shipments to the NRC, and verify to the NRC that each recipient is authorized to

possess the material.

The Commission will have the discretion to grant broad specific licenses covering multiple

shipments over several years or limit a license to a single shipment.

A proposed rule containing these requirements was published Sept. 16, 2004, in the Federal

Register. The NRC received comments from the Executive Branch, private individuals and industry,

relating in general to the scope of the rule, the effect on commerce (including supply disruption), and

concerns about fees for the new licenses. A summary of the comments and the NRC’s responses is

included in the upcoming Federal Register notice on the final rule.

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