U.S. Policy Framework on Civil Nuclear Cooperation with China For Exports Pursuant to 10 CFR 110

Effective October 11, 2018, the licensing policy for exports of equipment and components pursuant to 10 CFR 110 to China will be the following.

Presumption of approval*, contingent on non-derogatory end-user checks, for requests:

• Supporting continued projects such as construction of AP-1000, CAP-1000, and major identical components supporting CAP-1400 reactors (i.e., those that are similar in type and technology level to those commonly available); and,
• For only pressurized light water SMR or non-light water advanced reactors with no technology transfer above and beyond installation and operation.

Presumption of denial* for requests:

• Related to direct economic competition with the United States such as the Hualong One and unique U.S. components supporting CAP-1400 reactors; and,
• Any transfer to CGN and/or CGN subsidiaries or related entities, such as any licenses or authorizations, including amendments or renewals, for the Lufeng Nuclear Power Plant site due to its CGN ownership.

The licensing policy for exports of material will be a presumption of approval* for new license applications and amendments or extensions to existing authorizations, but a presumption of denial for any transfer to CGN and/or CGN subsidiaries or related entities.

*  The presumption of approval or the presumption of denial is the recommendation from the Executive Branch process (10 CFR 110.41(b)) to provide judgment as to whether a proposed export would be inimical to the common defense and security of the U.S.  The NRC as an independent agency evaluates the Executive Branch's inimicality decision as part of the licensing process."

The suspension of the general license authority under NRC regulations to export radioactive material and deuterium to CGN, CGN subsidiaries, or related entities is an extension of and consistent with the existing Framework as it relates to NRC’s specific license authority and the Department of Commerce’s Entity List.

The entire U.S. Policy Framework for exports can be found on Department of Energy's website