110.41—Executive Branch review.
(a)
An application for a license to export the following will be promptly forwarded to the Executive Branch for review:
(2)
More than one effective kilogram of high-enriched uranium or 10 grams of plutonium or uranium-233.
(4)
More than 3.7 TBq (100 curies) of tritium, and deuterium oxide (heavy water), other than exports of heavy water to Canada.
(5)
One kilogram or more of source or special nuclear material to be exported under the US-IAEA Agreement for Cooperation.
(6)
An export involving assistance to end uses related to isotope separation, chemical reprocessing, heavy water production, advanced reactors, or the fabrication of nuclear fuel containing plutonium, except for exports of source material or low-enriched uranium to EURATOM and Japan for enrichment up to 5 percent in the isotope uranium-235, and those categories of exports approved in advance by the Executive Branch as constituting permitted incidental assistance.
(10)
An export raising significant policy issues or subject to special limitations as determined by the Commission or the Executive Branch, including exports of radioactive material listed in Table 1 of appendix P to this part involving exceptional circumstances in § 110.42(e).
(1)
Provide its judgment as to whether the proposed export would be inimical to the common defense and security, along with supporting rationale and information.
(2)
Where applicable, confirm that the proposed export would be under the terms of an agreement for cooperation; and
(3)
Address the extent to which the export criteria in § 110.42 are met, if applicable, and the extent to which the recipient country or group of countries has adhered to the provisions of any applicable agreement for cooperation.
(c)
The Commission may request the Executive Branch to address specific concerns and provide additional data and recommendations as necessary.