NRC to reinstate general license for export of uranium heels

On Monday, November 14, 2022, the US Nuclear Regulatory Commission (NRC) published a Final Rule in the Federal Register that makes miscellaneous changes and corrections to the NRC's regulatory authority found in title 10 of the Code of Federal Regulations.

The NRC, an independent US federal agency, was created to ensure the safe use of radioactive materials as well as to regulate commercial nuclear power plants and other uses of nuclear materials. Among its authority is the responsibility to regulate the import and export of nuclear equipment and materials. Its international trade regulations are enshrined at 10 C.F.R. Part 110.

Monday’s Final Rule restores a general license that was erroneously removed in an earlier update over 12 years ago. This license authorizes an export without the need to file a licensing application or obtain licensing documents from the NRC. If a general license is not available, exporters of radioactive materials and nuclear facilities or equipment under the NRC’s jurisdiction must obtain a specific license from the agency before exporting.

Beginning December 14, 2022, the NRC will make effective a general license for any person to export uranium from the US, enriched to less than 20 percent in U-235, in the form of UF6 heels in cylinders being returned to suppliers in EURATOM or the UK. The NRC already defines “heels” to mean “small quantities of natural, depleted or low-enriched uranium (to a maximum of 20 percent), in the form of uranium hexafluoride (UF6) left in emptied transport cylinders being returned to suppliers after delivery of the product.”[1]

When this general license was last effective, the UK was part of the European Union’s nuclear agency EURATOM. As part of the UK’s “Brexit,” the UK left EURATOM in 2020 but signed a Nuclear Cooperation Agreement with the international organization later that year. The NRC’s regulatory updates take these developments into consideration.

Note that other sets of US export controls, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), control different forms of uranium materials and related commodities, equipment and technology. Prior to exporting uranium heels under this general license, a thorough compliance review should be conducted that includes not only the NRC export controls, but the EAR, ITAR, sanctions and any applicable foreign trade laws and regulations.

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