Appendix P : "Export and Import of Radioactive Material: Security Policies" (RIN 3150-AH44) Effective December 28, 2005

On this page:

• Overview
• Applicability
• Supporting Documents
• Destination List (for guidance on fees)
• Country Points of Contact List
• Pre-Shipment Notifications

Overview

On July 1, 2005, the NRC published a final rule in the Federal Register (70 FR 37985) amending its regulations concerning the export and import of radioactive materials. That final rule was effective on December 28, 2005. The amended regulations require certain licensees previously operating under general licenses to file for specific export and import licenses. Licensees also have to provide advance notification to the NRC before shipment and will need to verify the recipient facility's licensing status.

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 (July 27, 2010; 75 FR 44072). This change was made because of recent 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. For additional information on this rulemaking, see our Part 110 Update page.

Applicability

The final 10 CFR Part 110 licensing provisions will apply to specific and general licenses in effect on or after the effective date: December 28, 2005.

Supporting Documents

Final Rule

• Correction (70 FR 46066) (08/09/2005)
• OMB Supporting Statement
• Final Rule (70 FR 37985) (07/01/2005)

Press Releases

• NRC Toughens Export-Import Requirements for Certain Radioactive Materials (05/12/2005)
• NRC Proposes Tougher Export-Import Requirements for High-Risk Radioactive Materials (09/15/2004)

Destination List (for guidance on fees)

The following Destinations are eligible for export licenses valid for up to 10 years. The remaining destinations are eligible for one or two year authorizations, based on established limits. Contact the Office of International Programs if you have questions about destinations not listed here.  See 10 CFR 170.31 for the latest information on export application fees.

The inclusion of a destination on this list does not constitute export approval, as each export application will be assessed on a case-specific basis. The omission of a destination from this list does not mean that licenses for exports to it of radioactive material will not be issued, although it is expected that licenses for exports to such countries will be for shorter terms, with the possibility of extension pending further evaluation. The destination list is subject to change, with both additions and deletions of countries, as the NRC in consultation with the Executive Branch, performs additional destination reviews and gains additional insight into these and other countries in the course of its review of export applications on a case-specific basis.

Country Points of Contact List

A new provision of the NRC's regulations (10 CFR Part 110.50(c)) requires licensees authorized to export or import Appendix P radioactive material to notify the NRC and, in cases of exports, the government of the importing country before each shipment.

Licensees should consult the International Agency for Atomic Energy (IAEA) then open ‘National Points of Contact for Import/Export’ found under ‘Resources’ on the right side. This link displays the country list and points of contact needed for compliance with 10 CFR Part 110.50(c) pre-shipment reporting requirements for exports of Appendix P byproduct material. Otherwise, contact NRC export and import licensing staff for further assistance.

Pre-Shipment Notifications

The notifications required by 10 CFR Part 110.50(c) are to be emailed to HOO.Hoc@nrc.gov (preferred method) or faxed to 301-816-5151. In the subject line of the email or on the fax cover page include: "10 CFR 110.50(c) Notification." To contact someone in the Operations Center, use the same e-mail address or call 301-816-5100. Difficulties notifying the U.S. Nuclear Regulatory Commission must be promptly reported to the Office of International Programs' Import/Export licensing staff at IP.Resource@nrc.gov or call 301-415-2342.

Exporters/importers must notify other countries of shipments of Category 1 and 2 quantities in accordance with the specific notification requirements of the importing/exporting country. Notifying the U.S. NRC of an import/export does not satisfy the requirements, if any, of other countries. Similarly, notifying another country of an import/export does not satisfy the requirement to provide notice to the NRC under 10 CFR §110.50. Import/export licensees are encouraged to contact foreign governments and/or recipients to ensure compliance with notice requirements and obtain contact information for notifying other countries. Exporters may also use the IAEA's point of contact list (see above section "Country Points of Contact List").

A licensee that has already provided pertinent recipient information to the US NRC required by 10 CFR §§110.32(h) and/or 110.50(c)(1) is not required to resubmit this information with every subsequent shipment to the same recipient. No exemption is required from 10 CFR §110.50(c)(1) for previously submitted information. If the recipient information has expired (e.g., the recipient's authorization to receive the material becomes outdated), the licensee must submit a copy of the current authorization prior to shipment.