Role of the Bureau of Industry and Security (BIS) in Implementing the Additional Protocol to the U.S.-IAEA Safeguards Agreement

The U.S. Additional Protocol (AP) contains declaration and access provisions that expand the scope of impacted industry under the U.S. - International Atomic Energy Agency (IAEA) Safeguards Agreement to include upstream and downstream nuclear fuel cycle-related activities. BIS has a lead role in implementing the AP as assigned by the Additional Protocol Implementation Act, passed by Congress and signed by the President on December 18, 2006, and Executive Order 13458 issued February 4, 2008. BIS shares the regulatory purview for commercial industry with the Nuclear Regulatory Commission (NRC). BIS implements the AP through regulations, published October 31, 2008, with reporting requirements for commercial entities that are engaged in equipment manufacturing, assembly and construction activities, uranium hard-rock mining and beneficiation, and nuclear fuel cycle-related research and development activities that are not licensed by the NRC. This presentation provides an overview of (1) types of activities and commercial entities that are subject to reporting requirements, (2) conduct of Complementary Access, and (3) which U.S. Government agency companies are required to submit information. BIS is responsible for compiling all reports received under the AP into the official U.S. declaration that is ultimately transmitted to the IAEA. BIS has a successful history of working with industry, and will apply its core principles and methodologies for protecting commercial, technological and industrial secrets and other confidential information and minimizing the burden to industry while demonstrating industry compliance with the AP.