cfr_sections
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16 rows where part_number = 810 and title_number = 10 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.2.5.24.0.16.1 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.1 Purpose. | DOE | [80 FR 9375, Feb. 23, 2015, as amended at 88 FR 1979, Jan. 12, 2023] | The regulations in this part implement section 57 b.(2) of the Atomic Energy Act, which empowers the Secretary, with the concurrence of the Department of State, and after consultation with the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense, to authorize persons to directly or indirectly engage or participate in the development or production of special nuclear material outside the United States. The purpose of the regulations in this part is to: (a) Identify activities that are generally authorized by the Secretary and thus require no other authorization under this part; (b) Identify activities that require specific authorization by the Secretary and explain how to request authorization; and (c) Specify reporting requirements for authorized activities. (d) Specify civil penalties and enforcement proceedings. | ||||||
| 10:10:5.0.2.5.24.0.16.10 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.10 Revocation, suspension, or modification of authorization. | DOE | The Secretary may revoke, suspend, or modify a general or specific authorization: (a) For any material false statement in an application for specific authorization or in any additional information submitted in its support; (b) For failing to provide a report or for any material false statement in a report submitted pursuant to § 810.12; (c) If any authorization governed by this part is subsequently determined by the Secretary to be inimical to the interest of the United States or otherwise no longer meets the legal criteria for approval; or (d) Pursuant to section 129 of the Atomic Energy Act. | |||||||
| 10:10:5.0.2.5.24.0.16.11 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.11 Information required in an application for specific authorization. | DOE | (a) An application letter must include the following information: (1) The name, address, and citizenship of the applicant, and complete disclosure of all real parties in interest; if the applicant is a corporation or other legal entity, where it is incorporated or organized; the location of its principal office; and the degree of any control or ownership by any foreign individual, corporation, partnership, firm, association, trust, estate, public or private institution or government agency; (2) The country or entity to receive the assistance or technology; the name and location of any facility or project involved; and the name and address of the person for which or whom the activity is to be performed; (3) A description of the assistance or technology to be provided, including a complete description of the proposed activity, its approximate monetary value, and a detailed description of any specific project to which the activity relates as specified in §§ 810.9(b)(7), (8), and (9); and (4) The designation of any information that if publicly disclosed would cause substantial harm to the competitive position of the applicant. (b) Except as provided in § 810.6(b), an applicant seeking to employ a citizen or national of a country not listed in the Appendix in a position that could result in the transfer of technology subject to § 810.2, or seeking to employ any foreign national in the United States or in a foreign country that could result in the export of assistance or transfer of technology subject to § 810.7 must request a specific authorization. The applicant must provide, with respect to each foreign national to whom access to technology will be granted, the following: (1) A description of the technology that would be made available to the foreign national; (2) The purpose of the proposed transfer, a description of the applicant's technology control program, and any Nuclear Regulatory Commission standards applicable to the employer's grant of access to the technology; (3) A copy of any confidentiality agr… | |||||||
| 10:10:5.0.2.5.24.0.16.12 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.12 Reports. | DOE | (a) Each person who has received a specific authorization shall, within 30 calendar days after beginning the authorized activity, provide to DOE a written report containing the following information: (1) The name, address, and citizenship of the person submitting the report; (2) The name, address, and citizenship of the person for whom or which the activity is being performed; (3) A description of the activity, the date it began, its location, status, and anticipated date of completion; and (4) A copy of the DOE letter authorizing the activity. (b) Each person carrying out a specifically authorized activity shall inform DOE, in writing within 30 calendar days, of completion of the activity or of its termination before completion. (c) Each person granted a specific authorization shall inform DOE, in writing within 30 calendar days, when it is known that the proposed activity will not be undertaken and the granted authorization will not be used. (d) DOE may require reports to include such additional information that may be required by applicable U.S. law, regulation, or policy with respect to the specific nuclear activity or country for which specific authorization is required. (e) Each person, within 30 calendar days after beginning any generally authorized activity under § 810.6, shall provide to DOE: (1) The name, address, and citizenship of the person submitting the report; (2) The name, address, and citizenship of the person for whom or which the activity is being performed; (3) A description of the activity, the date it began, its location, status, and anticipated date of completion; and (4) A written assurance that the applicant has an agreement with the recipient ensuring that any subsequent transfer of materials, equipment, or technology transferred under general authorization under circumstances in which the conditions in § 810.6 would not be met will take place only if the applicant obtains DOE's prior written approval. (f) Individuals engaging in generally authorized activities as employees… | |||||||
| 10:10:5.0.2.5.24.0.16.13 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.13 Additional information. | DOE | DOE may at any time require a person engaging in any generally or specifically authorized activity to submit additional information. | |||||||
| 10:10:5.0.2.5.24.0.16.14 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.14 Special provisions regarding Ukraine. | DOE | (a) Pre-activity notification requirements. Any person beginning any generally authorized activity involving Ukraine shall provide to DOE at least ten days prior to beginning that activity a report containing the following information: (1) The name, address, and citizenship of the person submitting the notification; (2) The name, address, and citizenship of the person for which the activity is to be performed; (3) A description of the activity, the date it is proposed to begin, its location, status, and anticipated date of completion; and (4) A written assurance that the person that is to perform the activity has an agreement with the recipient that any subsequent transfer of technology or information transferred under general authorization will not be transferred to a country that is not listed in the Appendix to this part without the prior written approval of DOE. (b) Post-activity reporting requirements. Every person completing a generally authorized activity in Ukraine shall provide to DOE within ten days following the original transfer of technology or information written confirmation that such transfer was completed in accordance with the description of the activity provided as required by paragraph (a) of this section. | |||||||
| 10:10:5.0.2.5.24.0.16.15 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.15 Violations. | DOE | [80 FR 9375, Feb. 23, 2015, as amended at 88 FR 1979, Jan. 12, 2023; 89 FR 1028, Jan. 9, 2024; 89 FR 105406, Dec. 27, 2024] | (a) The Atomic Energy Act provides that: (1) In accordance with section 232 of the AEA, permanent or temporary injunctions, restraining or other orders may be granted to prevent a violation of any provision of the Atomic Energy Act or any regulation or order issued thereunder. (2) In accordance with section 222 of the AEA, whoever willfully violates, attempts to violate, or conspires to violate any provision of section 57 of the Atomic Energy Act may be fined up to $10,000 or imprisoned up to 10 years, or both. If the offense is committed with intent to injure the United States or to aid any foreign nation, the penalty could be up to life imprisonment or a $20,000 fine, or both. (b) In accordance with Title 18 of the United States Code, section 1001, whoever knowingly and willfully falsifies, conceals, or covers up a material fact or makes or uses false, fictitious or fraudulent statements or representations shall be fined under that title or imprisoned up to five or eight years depending on the crime, or both. (c) In accordance with section 234 of the AEA, any person who violates any provision of section 57 b. of the AEA, as implemented under this part, shall be subject to a civil penalty, not to exceed $127,973 per violation, such amount to be adjusted annually for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. If any violation is a continuing one, each day from the point at which the violating activity began to the point at which the violating activity was suspended shall constitute a separate violation for the purpose of computing the applicable civil penalty. The mere act of suspending an activity does not constitute admission that the activity was a violation and does not waive the rights and processes outlined in paragraphs (c)(4) through (14) of this section or otherwise impact the right of the person to appeal any civil penalty that may be imposed. (1) In order to begin a proceeding to impose a civil penalty under this paragraph (c), the Deputy A… | ||||||
| 10:10:5.0.2.5.24.0.16.16 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.16 Effective date and savings clause. | DOE | (a) The regulations in this part are effective March 25, 2015. (b) Except for actions that may be taken by DOE pursuant to § 810.10, the regulations in this part do not affect the validity or terms of any specific authorizations granted under regulations in effect before March 25, 2015 or generally authorized activities under those regulations for which the contracts, purchase orders, or licensing arrangements were already in effect. Persons engaging in activities that were generally authorized under regulations in effect before March 25, 2015, but that require specific authorization under the regulations in this part, must request specific authorization by August 24, 2015 and may continue their activities until DOE acts on the request. | |||||||
| 10:10:5.0.2.5.24.0.16.2 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.2 Scope. | DOE | (a) Part 810 (this part) applies to: (1) All persons subject to the jurisdiction of the United States who directly or indirectly engage or participate in the development or production of any special nuclear material outside the United States; and (2) The transfer of technology that involves any of the activities listed in paragraph (b) of this section either in the United States or abroad by such persons or by licensees, contractors or subsidiaries under their direction, supervision, responsibility, or control. (b) The activities referred to in paragraph (a) of this section are: (1) Chemical conversion and purification of uranium and thorium from milling plant concentrates and in all subsequent steps in the nuclear fuel cycle; (2) Chemical conversion and purification of plutonium and neptunium; (3) Nuclear fuel fabrication, including preparation of fuel elements, fuel assemblies and cladding thereof; (4) Uranium isotope separation (uranium enrichment), plutonium isotope separation, and isotope separation of any other elements (including stable isotope separation) when the technology or process can be applied directly or indirectly to uranium or plutonium; (5) Nuclear reactor development, production or use of the components within or attached directly to the reactor vessel, the equipment that controls the level of power in the core, and the equipment or components that normally contain or come in direct contact with or control the primary coolant of the reactor core; (6) Development, production or use of production accelerator-driven subcritical assembly systems; (7) Heavy water production and hydrogen isotope separation when the technology or process has reasonable potential for large-scale separation of deuterium ( 2 H) from protium ( 1 H); (8) Reprocessing of irradiated nuclear fuel or targets containing special nuclear material, and post-irradiation examination of fuel elements, fuel assemblies and cladding thereof, if it is part of a reprocessing program; and (9) The transfer of technology for t… | |||||||
| 10:10:5.0.2.5.24.0.16.3 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.3 Definitions. | DOE | As used in this part 810: Agreement for cooperation means an agreement with another nation or group of nations concluded under sections 123 or 124 of the Atomic Energy Act. Assistance means assistance in such forms as instruction, skills, training, working knowledge, consulting services, or any other assistance as determined by the Secretary. Assistance may involve the transfer of technical data. Atomic Energy Act means the Atomic Energy Act of 1954, as amended. Classified information means national security information classified under Executive Order 13526 or any predecessor or superseding order, and Restricted Data classified under the Atomic Energy Act. Cooperative enrichment enterprise means a multi-country or multi-company (where at least two of the companies are incorporated in different countries) joint development or production effort. The term includes a consortium of countries or companies or a multinational corporation. Country, as well as government, nation, state, and similar entity, shall be read to include Taiwan, consistent with section 4 of the Taiwan Relations Act (22 U.S.C. 3303). Development means any activity related to all phases before production such as: Design, design research, design analysis, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, and layouts. DOE means the U.S. Department of Energy. Enrichment means isotope separation of uranium or isotope separation of plutonium, regardless of the type of process or separation mechanism used. Fissile material means isotopes that readily fission after absorbing a neutron of any energy, either fast or slow. Fissile materials are uranium-235, uranium-233, plutonium-239, and plutonium-241. Foreign national means an individual who is not a citizen or national of the United States, but excludes U.S. lawful permanent residents and protected individuals under the Immigration and Naturalizatio… | |||||||
| 10:10:5.0.2.5.24.0.16.4 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.4 Communications. | DOE | (a) All communications concerning the regulations in this part should be addressed to: U.S. Department of Energy, Washington, DC 20585. Attention: Senior Policy Advisor, National Nuclear Security Administration/Office of Nonproliferation and Arms Control (NPAC), Telephone (202) 586-1007. (b) Communications also may be delivered to DOE's headquarters at 1000 Independence Avenue SW., Washington, DC 20585. All clearly marked proprietary information will be given the maximum protection allowed by law. (c) Communications may also be delivered by email to: Part810@nnsa.doe.gov . For “fast track” activities described in §§ 810.6(c)(1) and (c)(2) emails should be sent to: Part810-OperationalSafety@nnsa.doe.gov . Notifications regarding activity in the Ukraine should be delivered by email to: Part810-Ukraine@nnsa.doe.gov . | |||||||
| 10:10:5.0.2.5.24.0.16.5 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.5 Interpretations. | DOE | (a) The advice of the DOE Office of Nonproliferation and Arms Control may be requested on whether a proposed activity falls outside the scope of this part, is generally authorized under § 810.6, or requires a specific authorization under § 810.7. However, unless authorized by the Secretary in writing, no interpretation of the regulations in this part other than a written interpretation by the DOE General Counsel is binding upon DOE. (b) When advice is requested from the DOE Office of Nonproliferation and Arms Control, or a binding, written determination is requested from the DOE General Counsel, a response normally will be made within 30 calendar days and, if this is not feasible, an interim response will explain the reason for the delay. (c) The DOE Office of Nonproliferation and Arms Control may periodically publish abstracts of general or specific authorizations that may be of general interest, exclusive of proprietary business-confidential data submitted to DOE or other information protected by law from unauthorized disclosure. | |||||||
| 10:10:5.0.2.5.24.0.16.6 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.6 Generally authorized activities. | DOE | The Secretary has determined that the following activities are generally authorized, provided that no sensitive nuclear technology or assistance described in § 810.7 is involved: (a) Engaging directly or indirectly in the production of special nuclear material at facilities in countries or with entities listed in the Appendix to this part; (b) Transfer of technology to a citizen or national of a country other than the United States not listed in the Appendix to this part and working at an NRC-licensed facility, provided: (1) The foreign national is lawfully employed by or contracted to work for a U.S. employer in the United States; (2) The foreign national executes a confidentiality agreement with the U.S. employer to safeguard the technology from unauthorized use or disclosure; (3) The foreign national has been granted unescorted access in accordance with NRC regulations at an NRC-licensed facility; and (4) The foreign national's U.S. employer authorizing access to the technology complies with the reporting requirements in § 810.12(g). (c) Activities at any safeguarded or NRC-licensed facility to: (1) Prevent or correct a current or imminent radiological emergency posing a significant danger to the health and safety of the off-site population, which emergency in DOE's assessment cannot be met by other means, provided DOE is notified in writing in advance and does not object within 48 hours of receipt of the advance notification; (2) Furnish operational safety information or assistance to existing safeguarded civilian nuclear reactors outside the United States in countries with safeguards agreements with the IAEA or an equivalent voluntary offer, provided DOE is notified in writing and approves the activity in writing within 45 calendar days of the notice. The applicant should provide all the information required under § 810.11 and specific references to the national or international safety standards or requirements for operational safety for nuclear reactors that will be addressed by the assistance; or … | |||||||
| 10:10:5.0.2.5.24.0.16.7 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.7 Activities requiring specific authorization. | DOE | Any person requires a specific authorization by the Secretary before: (a) Engaging in any of the activities listed in § 810.2(b) with any foreign country or entity not specified in the Appendix to this part; (b) Providing or transferring sensitive nuclear technology to any foreign country or entity; or (c) Engaging in or providing technology (including assistance) for any of the following activities with respect to any foreign country or entity (or a citizen or national of that country other than U.S. lawful permanent residents or protected individuals under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)): (1) Uranium isotope separation (uranium enrichment), plutonium isotope separation, or isotope separation of any other elements (including stable isotope separation) when the technology or process can be applied directly or indirectly to uranium or plutonium; (2) Fabrication of nuclear fuel containing plutonium, including preparation of fuel elements, fuel assemblies, and cladding thereof; (3) Heavy water production, and hydrogen isotope separation, when the technology or process has reasonable potential for large-scale separation of deuterium ( 2 H) from protium ( 1 H); (4) Development, production or use of a production accelerator-driven subcritical assembly system; (5) Development, production or use of a production reactor; or (6) Reprocessing of irradiated nuclear fuel or targets containing special nuclear material. | |||||||
| 10:10:5.0.2.5.24.0.16.8 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.8 Restrictions on general and specific authorization. | DOE | A general or specific authorization granted by the Secretary under this part: (a) Is limited to activities involving only unclassified information and does not permit furnishing classified information; (b) Does not relieve a person from complying with the relevant laws or the regulations of other U.S. Government agencies applicable to exports; and (c) Does not authorize a person to engage in any activity when the person knows or has reason to know that the activity is intended to provide assistance in designing, developing, fabricating, or testing a nuclear explosive device. | |||||||
| 10:10:5.0.2.5.24.0.16.9 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.9 Grant of specific authorization. | DOE | (a) An application for authorization to engage in activities for which specific authorization is required under § 810.7 should be made to the U.S. Department of Energy, National Nuclear Security Administration, Washington, DC 20585, Attention: Senior Policy Advisor, Office of Nonproliferation and Arms Control (NPAC). (b) The Secretary will approve an application for specific authorization if it is determined, with the concurrence of the Department of State and after consultation with the Nuclear Regulatory Commission, Department of Commerce, and Department of Defense, that the activity will not be inimical to the interest of the United States. In making such a determination, the Secretary will take into account the following factors: (1) Whether the United States has an agreement for cooperation in force covering exports to the country or entity involved; (2) Whether the country is a party to, or has otherwise adhered to, the NPT; (3) Whether the country is in good standing with its acknowledged nonproliferation commitments; (4) Whether the country is in full compliance with its obligations under the NPT; (5) Whether the country has accepted IAEA safeguards obligations on all nuclear materials used for peaceful purposes and has them in force; (6) Whether other nonproliferation controls or conditions exist on the proposed activity, including that the recipient is duly authorized by the country to receive and use the technology sought to be transferred; (7) Significance of the assistance or transferred technology relative to the existing nuclear capabilities of the country; (8) Whether the transferred technology is part of an existing cooperative enrichment enterprise or the supply chain of such an enterprise; (9) The availability of comparable assistance or technology from other sources; and (10) Any other factors that may bear upon the political, economic, competitiveness, or security interests of the United States, including the obligations of the United States under treaties or other international ag… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);