U.S. Government Revises Export Controls Regarding Commercial Nuclear Commerce With China

On August 11, 2023, the U.S. Nuclear Regulatory Commission ("NRC") and the U.S. Department of Commerce, Bureau of Industry & Security ("BIS") announced amendments to their existing regulations concerning exports of nuclear materials and related equipment destined for China and Macau. (BIS extends its export controls policies and regulations applicable to China to the territory of Hong Kong.) Although the notice from the NRC provided little explanation, the notice issued by BIS explained that the change in the Export Administration Regulations (15 CFR Parts 730-774 or EAR) is based on an increased concern with China's military-civil fusion policy and efforts to expand its military nuclear capability. The changes implemented by the NRC are effective as of August 8, 2023, and the changes implemented by BIS are effective as of August 11, 2023.