U.S. Foreign Policy Influence On NRC Export Licensing Nuclear Equipment And Materials

The U.S. Nuclear Regulatory Commission (NRC) is responsible for licensing exports of nuclear materials, facilities, and equipment to ensure these items are used only for peaceful purposes. While the NRC is an independent regulatory agency within the U.S. Government, the U.S. Department of State and other Executive Branch agencies have foreign policy interests that have implications for the NRC’s export licensing role. The Atomic Energy Act of 1954, as amended, gives the NRC its statutory authority for export licensing, and the Nuclear Non-Proliferation Act of 1978 enhanced U.S. nuclear export controls. Each of these laws require coordination and consultation between the NRC and other Executive Branch agencies on export issues. As a result, U.S. Government foreign policy actions can have an influence on the NRC’s export licensing regime. Such policy actions may include Presidential Executive Orders and Executive Branch recommendations to the NRC. This paper uses case studies to examine how the NRC balances implementation of its statutory obligations for export control with foreign policy objectives that evolve with a changing world, while still maintaining regulatory independence.