810 Authorization

Part 810 refers to the process set forth in 10 Code of Federal Regulations Part 810. Under the authority of section 57.b of the Atomic Energy Act of 1954, as amended, and in accordance with established procedures, only the Secretary of Energy may authorize, through the Part 810 process, persons to engage, directly or indirectly, in the production of special nuclear material outside the United States. This provision applies to technology transfers and technical assistance to all activities of the nuclear fuel-cycle, including non-power reactors.

The first step in determining whether a company needs a license/authorization in order to engage in international civil nuclear trade is to consult with the appropriate U.S. Government agencies (listed below) prior to engaging in business overseas or with foreign nationals.

Sometimes the tender process does not require the transmission of business proprietary or export-controlled information, in which case a company does not need to seek a Part 810 authorization prior to bidding. The only way to be certain, however, is again to consult first with the appropriate U.S. Government agencies.

In some instances companies may seek a license/authorization before submitting a bid, so as not to run the risk of licensing issues arising after having already won a contract.

Lead Agency: Department of Energy

Jurisdiction: Nuclear technology and services (as information) related to the production of Special Nuclear Material

Advisory Agencies: Departments of Commerce, Defense, State and the NRC

Instructions on Writing the 810 Authorization Letter

Government-to-government assurances obtained by either the Department of State or the Department of Energy are required for the 810 approval and 110 licensing process.

The assurances for 810 approvals affirm that the recipient government pledges to use the acquired technology exclusively for peaceful purposes and will not re-transfer it to another country without the consent of the supplier-country government.

The authorization letter for 810 Authorization requires the following information:

(a) 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 person or entity;

(b) A complete description of the proposed activity, including its approximate monetary value, the name and location of any facility or project involved, the name and address of the person or legal entity for which the activity is to be performed, and a detailed description of any specific project to which the activity relates;

(d) Designation of any information considered proprietary whose public disclosure would cause substantial harm to the competitive position of the applicant.

For additional information, please contact:

Agency: Department of Energy

Name: Richard Goorevich

Address: Office of International Regimes and Agreements

National Nuclear Security Administration

1000 Independence Ave, SW

Washington, DC 20585

Phone: 202-586-0589

Email: Richard.goorevich@nnsa.doe.gov