10 C.F.R. Subpart E—License Terms and Related Provisions
Title 10 - Energy
(a) General and specific licenses. (1) Each license is subject to all applicable provisions of the Atomic Energy Act and to all applicable rules, regulations, decisions and orders of the Commission. (2) Each license is subject to amendment, suspension, revocation or incorporation of separate conditions when required by amendments of the Atomic Energy Act or other applicable law, or by other rules, regulations, decisions or orders issued in accordance with the terms of the Atomic Energy Act or other applicable law. (3) Each license authorizes export or import only and does not authorize any person to receive title to, acquire, receive, possess, deliver, use, transport or transfer nuclear equipment or material. (4) Each nuclear material license authorizes the export or import of only the nuclear material and accompanying packaging and fuel element hardware. (5) No nuclear equipment license confers authority to export or import nuclear material. (6) Each nuclear equipment export license authorizes the export of only those items required for use in the foreign nuclear installation for which the items are intended. (7) A licensee shall not proceed to export or import and shall notify the Commission promptly if he knows or has reason to believe that the packaging requirements of part 71 of this chapter have not been met. (b) Specific licenses. (1) Each specific license will have an expiration date. (2) A licensee may export or import only for the purpose stated in the license application. (3) Unless a license specifically authorizes the export of foreign-origin nuclear material or equipment, a licensee may not ship such material or equipment until; (i) The licensee has given at least 40 days advance notice of the intended shipment in writing to the Deputy Director, Office of International Programs (OIP), and (ii) The Deputy Director, OIP, has (A) Obtained confirmation, through either the Department of Energy or State, that the foreign government in question has given its consent to the intended shipment pursuant to its agreement for cooperation with the United States, and (B) Communicated this in writing to the licensee. (4) A licensee authorized to export or import the radioactive material listed in Appendix P to this part is responsible for notifying NRC and, in cases of exports, the government of the importing country in advance of each shipment. A list of points of contact in importing countries is available at NRC's Office of International Programs website, accessible on the NRC Public Web Site by the following links to What We Do—International Programs. The NRC's office responsible for receiving advance notifications for all export and import shipments is the NRC Operations Center. Specific details on where to send the information will be listed in each specific export and import license. Notifications must be received by the NRC at least 7 days in advance of each shipment, to the extent practical, but in no case less than 24 hours in advance of each shipment. Notifications may be electronic or in writing on business stationary, and must contain or be accompanied by the information which follows. (i) For export notifications: (A) Part 110 export license number and expiration date; (B) Name of the individual and licensee making the notification, address, and telephone number; (C) Foreign recipient name, address, and end use location(s) (if different than recipient's address); (D) Radionuclides and activity level in TBq, both for single and aggregate shipments; (E) Make, model and serial number, for any Category 1 and 2 sealed sources, if available; (F) End use in the importing country, if known; (G) Shipment date; (H) A copy of the foreign recipient's authorization or confirmation of that authorization from the government of the importing country as required by §110.32(h). (ii) For import notifications: (A) Part 110 import license number and expiration date; (B) Name of individual and licensee making the notification, address, and telephone number; (C) Recipient name, location, and address (if different than above); (D) Radionuclides and activity level in TBq, both for single and aggregate shipments; (E) Make, model and serial number, radionuclide, and activity level for any Category 1 and 2 sealed sources, if available; (F) End use in the U.S.; (G) Shipment date from exporting facility and estimated arrival date at the end use location; (H) NRC or Agreement State license number to possess the import in the U.S. and expiration date. (5) A licensee authorized to export or import nuclear material is responsible for compliance with applicable requirements of parts 40, 70, 71, and 73 of this chapter, unless a domestic licensee of the Commission has assumed that responsibility and the Commission has been so notified. (6) A license may be transferred, disposed of or assigned to another person only with the approval of the Commission by license amendment. (7) Advance notifications containing the above information must be controlled, handled, and transmitted in accordance with §2.390 of this chapter and other applicable NRC requirements governing protection of sensitive information. [43 FR 21641, May 19, 1978, as amended at 49 FR 47202, Dec. 3, 1984; 49 FR 49841, Dec. 24, 1984; 52 FR 9655, Mar. 26, 1987; 53 FR 4112, Feb. 12, 1988; 58 FR 13004, Mar. 9, 1993; 59 FR 48998, Sept. 26, 1994; 65 FR 70291, Nov. 22, 2000; 70 FR 37993, July 1, 2005] (a) A licensee shall submit an application to renew a license or to amend a license on a completed NRC Form 7. (b) If an application to renew a license is submitted 30 days or more before the license expires, the license remains valid until the Commission acts on the renewal application. An expired license is not renewable. (c) An amendment is not required for: (1) Changes in value (but not amount or quantity); (2) Changes in the mailing addresses within the same countries of intermediate or ultimate consignees; or (3) The addition of intermediate consignees in any of the importing countries specified in the license (for a nuclear equipment license only). (d) In acting upon license renewal and amendment applications, the Commission will use, as appropriate, the same procedures and criteria it uses for original license applications. [49 FR 47202, Dec. 3, 1984, as amended at 71 FR 19104, Apr. 13, 2006] (a) A license may be revoked, suspended, or modified for a condition which would warrant denial of the original license application. (b) The Commission may require further information from a licensee to determine whether a license should be revoked, suspended, or modified. (c) Except when the common defense and security or public health and safety requires otherwise, no license will be revoked, suspended, or modified before the licensee is informed in writing of the grounds for such action and afforded the opportunity to reply and be heard under procedures patterned on those in subpart I. [43 FR 21641, May 19, 1978, as amended at 62 FR 59277, Nov. 3, 1997 (a) Each licensee shall have an office in the United States where papers may be served and where records required by the Commission will be maintained. (b)(1) Each licensee shall maintain records concerning his exports or imports. The licensee shall retain these records for five years after each export or import except that byproduct material records must be retained for three years after each export or import. (2) Records which must be maintained pursuant to this part may be the original or a reproduced copy or microform if such reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. (c) Each licensee shall permit the Commission to inspect his records, premises, and activities pertaining to his exports and imports when necessary to fulfill the requirements of the Atomic Energy Act. [43 FR 21641, May 19, 1978, as amended at 53 FR 19263, May 27, 1988]
Title 10: Energy
PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
Subpart E—License Terms and Related Provisions
§ 110.50 Terms.
§ 110.51 Amendment and renewal of licenses.
§ 110.52 Revocation, suspension, and modification.
§ 110.53 United States address, records, and inspections.
