§2139 Component and Other Parts of Facilities

Summary

The Commission may let certain production or use facilities it has named under sections 2014(v)(2) or 2014(cc)(2) use general domestic licenses required by section 2131, but only if the Commission puts in writing that doing so will not create an unreasonable risk to the common defense and security. After talking with the Secretaries of State, Energy, and Commerce, the Commission must pick which parts, items, or materials are important for export control because they could matter for nuclear explosives. Except as provided in section 2155(b)(2), those things cannot be exported unless the Commission issues a general or specific license after, based on a reasonable judgment of the assurances given and other federal information, it finds three things: IAEA safeguards per Article III (2) of the Treaty will apply; they will not be used for any nuclear explosive device or for research or development of one; and they will not be sent to another country without U.S. consent. The Commission must also write that issuing the license will not be harmful to the common defense and security. A specific license is not needed if the item is already covered by a facility license under section 2155. The Commission must refuse an export license if the executive branch advises under the procedures in section 2155(a) that the export would be harmful to the common defense and security.