DOE Issues Final Rule On Part 810 Civil Penalties

TAKEAWAYS

• The U.S. Department of Energy issued a final rule regarding procedures for imposing civil penalties for violations of DOE's 10 CFR Part 810 regulations governing civil nuclear technology export controls.
• The language of the rule creates uncertainty regarding how DOE will implement civil penalties in the future. While the DOE did not commit to providing additional guidance, it left open the possibility that it may develop and issue subsequent guidance on the rule.
• Under the new enforcement policy, civil penalties could add up quickly because the DOE could impose a $112,131 penalty for each day of a continuing violation.

On January 12, 2023, the U.S. Department of Energy (DOE) issued its final rule regarding procedures for imposing civil penalties for violations of DOE's 10 CFR Part 810 regulations (Part 810), formally clarifying DOE's authority to impose civil penalties for violations of Atomic Energy Act (AEA) section 57b. This final rule