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April 18, 2019
Nuclear Cooperation: Part 810 Authorizations
Secretary of Energy Rick Perry told Congress in late March
that he had approved Part 810 authorizations for Saudi
Arabia. Under U.S. law, nuclear-related exports require an
export license or other authorization. The Atomic Energy
Act (AEA) of 1954, as amended (P.L. 83-703; 42 U.S.C.
§2153 et seq.), requires a peaceful nuclear cooperation
agreement (known as a 123 agreement after the relevant
section of the AEA) for the export of commodities under
Nuclear Regulatory Commission (NRC) export licensing
authority (10 C.F.R. 110). These include nuclear reactors
and U.S.-origin special nuclear material, which the
regulation defines as plutonium, uranium-233, or enriched
uranium. The AEA also requires a 123 agreement for
exports involving restricted data, defined as all data
concerning (1) design, manufacture, or utilization of atomic
weapons; (2) the production of special nuclear material; or
(3) the use of special nuclear material in the production of
energy. (For more information about 123 agreements, see
CRS Report RS22937, Nuclear Cooperation with Other
Countries: A Primer.)
Part 810 Authorizations
Section 57.b.(2) of the AEA allows for limited forms of
nuclear cooperation related to the development or
production of any special nuclear material outside of the
United States if that activity has been authorized by the
Secretary of Energy following a determination that it will
not be inimical to the interest of the United States. Such
authorizations are known as Part 810 authorizations after
10 C.F.R. Part 810, which describes generally authorized
activities and activities that require the Secretary of
Energy's specific authorization. Some activities are
generally authorized only for certain generally
authorized destinations. Generally authorized activities
are not to involve sensitive nuclear technology, which 10
C.F.R. Part 810.3 defines as any information unavailable to
the public which is important to the design, construction,
fabrication, operation, or maintenance of certain
proliferation-sensitive facilities.
Generally Authorized Activities
In addition to activities by persons conducting work for the
IAEA, 10 C.F.R. Part 810.6 generally authorizes the following
activities:
* 'engaging directly or indirectly in the production of special
nuclear material at facilities in countries or with entities
that are generally authorized destinations;
* transferring, under certain conditions, technology to foreign
nationals of countries that are not generally authorized
destinations if such nationals are working at an NRC-
licensed facility;
engaging in specified safety and emnergency response
aictivities at Internationazl Atomic Energy Agency (IAEA)-
safeguared or NRC-licensed nucleir fa Ricilities;
e participting in Stte Department-iapproved exchinge
prograts in consulta tion with DOE;
e implementing the U.S.-IAEA sffeguards agreement;
Sextrcting, under certain conditions, Molybdenum-99 for
miedical use.
Part 810 authorizations are not required for NRC-licensed
exports of components and materials and do not require the
United States to have a 123 agreement with the recipient's
government. However, 10 C.F.R. Part 810.9 includes the
existence of a 123 agreement as a factor for the Secretary of
Energy to consider when determining that a specifically
authorized activity will not be inimical to the interest [sic]
of the United States. Moreover, the list of generally
authorized destinations is based principally on the United
States agreements for civil nuclear cooperation, according
to guidance from the National Nuclear Security
Administration (NNSA).
Activities Requiring Specific Authorization
The following asctivities require specific uthorization:
activities listed in 10 C.F.R. Prt 810.2( ) with ny foreign
entity that is not a, generazlly azuthorizedl destination;
providing sensitive nucleazr technology to any foreign
country or entity; Or-
engaging in or assisting with a, subset of the activities
listed in Part 8 10.2(b) if such engagemnent or assistance
involves a foreign country or certain foreign nationals.
Content
Part 810 authorizations cover transfers of technology,
defined by 10 C.F.R. Part 810.3 as assistance or technical
data required for the development, production or use of any
plant, facility, or especially designed or prepared
equipment for a number of nuclear activities related to
development or production of any special nuclear material;
these activities are listed in 10 C.F.R. Part 810.2(b). Part
810 regulations define assistance to include instruction,
skills, training, working knowledge, [and] consulting
services, all of which may involve the transfer of
technical data. According to the regulations, technical data
may be
in such forms as blueprints, plans, diagrams,
models, formulae, engineering designs,
specifications, manuals, and instructions written or
recorded on other media or devices such as disks,
tapes, read-only memories, and computational
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