National Intelligence Director to Be Part of Consultations for Civil Nuclear Exports
The Commerce and State departments, and the National Nuclear Security Administration (NNSA) are amending export control procedures to mandate consultations with the Office of the Director of National Intelligence (ODNI) before unclassified nuclear technology and assistance is transferred to foreign countries (here). Before the Energy Secretary authorizes certain transfers of civil nuclear technology and assistance, the Energy Department/NNSA must consult with Commerce, the Nuclear Regulatory Commission (NRC), and the Defense Department, and obtain the concurrence of State. The National Defense Authorization Act for Fiscal Year 2016 requires that the ODNI also be consulted regarding such approvals, according to the executive branch announcement.
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Under the new processes, the ODNI will receive end-user, equipment, supplier and any other relevant information, concurrent with reviews by DOE/NNSA that must start within 10 days of receiving an application for nuclear transfers. Within 10 days of the ODNI’s being notified, the office must identify an intelligence community point of contact to provide a response, and DOE/NNSA will provide the ODNI with any technical reviews or assessments that it conducted relevant to the technology transfer. Within 30 days of receiving information from DOE/NNSA, the ODNI must make its coordinated response available to DOE/NNSA, the NRC, DOD, Commerce and State.
DOE/NNSA’s expected review timelines are 60 days or less for covered foreign countries and 30 days for “other destinations,” and after completion, DOE/NNSA will transmit through “appropriate means” its analysis and the application to the NRC, DOD, Commerce and State for review. Thirty days after receipt, those government bodies will provide their views on the application and analysis. If State or a consulting agency notifies the NNSA Office of Nonproliferation and Arms Control (NPAC) that it needs more information, that office will give “appropriate time” for all consulting agencies to consider the application and a new timeline will be established, the announcement says. Within 100 days of the completion of interagency consultations, NPAC will provide the DOE secretary with a recommendation for action on the application, including the views of State, the consulting agencies and the ODNI, if applicable.