§ 2139. Component and other parts of facilities
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/usc/title-42/section-2139A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Licenses for domestic activities With respect to those utilization and production facilities which are so determined by the Commission pursuant to section 2014(v)(2) or 2014(cc)(2) of this title the Commission may issue general licenses for domestic activities required to be licensed under section 2131 of this title, if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security.
(b)Export licenses After consulting with the Secretaries of State, Energy, and Commerce, the Commission is authorized and directed to determine which component parts as defined in section 2014(v)(2) or 2014(cc)(2) of this title and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as provided in section 2155(b)(2) of this title, no such component, substance, or item which is so determined by the Commission shall be exported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assurances provided and other information available to the Federal Government, including the Commission, that the following criteria or their equivalent are met:
(1)IAEA safeguards as required by Article III
(2)of the Treaty will be applied with respect to such component, substance, or item;
(2)no such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosive device; and
(3)no such component, substance, or item will be retransferred to the jurisdiction of any other nation or group of nations unless the prior consent of the United States is obtained for such retransfer; and after determining in writing that the issuance of each such general or specific license or category of licenses will not be inimical to the common defense and security: Provided, That a specific license shall not be required for an export pursuant to this section if the component, item or substance is covered by a facility license issued pursuant to section 2155 of this title.
(c)Exports inimical to common defense and security of United States The Commission shall not issue an export license under the authority of subsection
(b)if it is advised by the executive branch, in accordance with the procedures established under section 2155(a) of this title, that the export would be inimical to the common defense and security of the United States.
(Aug. 1, 1946, ch. 724, title I, § 109, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub. L. 87–615, § 9, Aug. 29, 1962, 76 Stat. 411; Pub. L. 89–645, § 1(b), Oct. 13, 1966, 80 Stat. 891; Pub. L. 95–242, title III, § 309(a), Mar. 10, 1978, 92 Stat. 141; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105–277, div. G, title XII, § 1225(d)(2), Oct. 21, 1998, 112 Stat. 2681–774.)
Connections28 cite this · traces to 6
Cited by 28 sections · top 23
U.S. Code
- § 1701Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
- § 3201Congressional declaration of policy
- § 2139aRegulations implementing requirements relating to licensing for components and other parts of facilities
- § 2133Commercial licenses
- § 2134Medical, industrial, and commercial licenses
- § 2160Subsequent arrangements
- § 5814Abolition and transfers
- § 2139Component and other parts of facilities
- § 3281Annual Presidential report to Congress on governmental efforts to prevent proliferation
- § 3203Definitions
- § 586GSANCTIONS AGAINST IRAQ.
statutes-at-large
- Public Law 87–615
- Public Law 89–645
- Public Law 109–401To exempt from certain requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for cooperation with India
- Public Law 99–440To prohibit loans to, other investments in, and certain other activities with respect to, South Africa, and for other purposesOct. 2, 1986[[H
- Public Law 95–242To provide for more efficient and effective control over the proliferation of nuclear explosive capability
- Public Law 96–72To provide authority to regulate exports, to improve the efficiency of export regulation, and to minimize interference with the ability to engage in commerce
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 101–513Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1991, and for other purposes
statute-compilations
22 references not yet in our index
- Aug. 1, 1946, ch. 724
- Aug. 30, 1954, ch. 1073, § 1
- 68 Stat. 939
- Pub. L. 87–615, § 9
- 76 Stat. 411
- Pub. L. 89–645, § 1(b)
- 80 Stat. 891
- Pub. L. 95–242, title III, § 309(a)
- 92 Stat. 141
- Pub. L. 102–486, title IX, § 902(a)(8)
- 106 Stat. 2944
- Pub. L. 105–277, div. G, title XII, § 1225(d)(2)
- 112 Stat. 2681–774
- Pub. L. 105–277
- Pub. L. 95–242
- Pub. L. 89–645
- Pub. L. 87–615
- section 1201 of Pub. L. 105–277
- section 603(c) of Pub. L. 95–242
- Pub. L. 95–242, title III, § 309(d)
- 92 Stat. 142
- 92 Stat. 120
Citation graph
cites case law
§ 2139
Component and other parts of facilities
U.S.C.×14
Stat.×10
Fed. Reg.×3
Stat. Comp.×1
ActAug. 1, 1946, ch. 724
ActAug. 30, 1954, ch. 1073, § 1
Stat.68 Stat. 939
Pub. L.Pub. L. 87–615, § 9
Stat.76 Stat. 411
Cites 28 · showing 11Cited by 28 across 4 sources