DOE proposes rulemaking to implement Part 810 civil penalties

摘要

The US Department of Energy has proposed a rulemaking that would give it the ability to levy fines for violations of certain export control requirements for nuclear technologies, DOE said in a Federal Register notice October 3. Attorneys at a Washington law firm that works on nuclear technology export issues said the potential fines could differ by millions of dollars per violation, depending on the method DOE decides to use to calculate them. DOE said in its notice it was proposing “procedures for the imposition of civil penalties” for violations of regulations at 10 CFR Part 810 “that restrict participation by US persons in the development or production of special nuclear material outside the United States.” DOE said that “a total of 89 businesses and other entities submitted reports and applications” pursuant to Part 810 during fiscal years 2016 and 2017, or between October 1, 2015 and September 30, 2017. DOE did not specify the number of Part 810 applications submitted or estimate the dollar value of potential transactions referenced in such applications.