§2139 Component and other parts of facilities

Summary

The Commission can issue general licenses for domestic activities at certain utilization and production facilities (as defined in section 2014(v)(2) or 2014(cc)(2)) if it puts in writing that doing so will not create an unreasonable risk to the nation’s defense and security. Terms: "utilization and production facilities" — certain nuclear facilities; "component parts" — parts or items used in those facilities. After consulting the Secretaries of State, Energy, and Commerce, the Commission must decide which component parts and other items are important to control for export because of their relevance to nuclear explosive use. Those items cannot be exported unless the Commission issues a general or specific export license and finds that (1) IAEA safeguards required by Article III(2) of the Treaty will apply, (2) they will not be used for a nuclear explosive device or its research or development, and (3) they will not be sent to another country without U.S. permission. The Commission must also write that the license will not harm defense and security. A specific license is not required if the export is covered by a facility license under section 2155. The Commission must refuse to issue an export license if the executive branch, under the procedures in section 2155(a), advises that the export would harm the nation’s defense and security.