§2139 Component and Other Parts of Facilities

Summary

The Commission can issue general licenses for certain domestic uses at facilities it has designated under sections 2014(v)(2) or 2014(cc)(2) when those activities otherwise need a license under section 2131, but only if it puts in writing that doing so will not be an unreasonable risk to the common defense and security. For exports, after consulting the Secretaries of State, Energy, and Commerce, the Commission must list component parts and other items that are especially important for nuclear explosive purposes. Those items cannot be exported unless the Commission issues a general or specific export license and reasonably finds, from assurances and other federal information, that: IAEA safeguards required by Article III(2) of the Treaty will apply; the items will not be used for a nuclear explosive device or for related research or development; and they will not be retransferred without prior U.S. consent. The Commission must also write that the license will not be harmful to the common defense and security. A specific license is not needed if the export is covered by a facility license under section 2155(b)(2). The Commission must refuse an export license if the executive branch, under the procedures in section 2155(a), advises that the export would be harmful.