DOE issues final rule on Part 810 Civil Penalties

January 16, 2023, 12:00PMNuclear News

The Department of Energy has published a final rule in the January 12 Federal Register establishing procedures for the assessment and imposition of civil penalties for certain violations of the Atomic Energy Act of 1954, as amended. The rule strengthens the DOE’s ability to enforce regulations governing exports of unclassified civil nuclear technology.

The DOE’s National Nuclear Security Administration implements the 10 CFR Part 810 regulation on behalf of the energy secretary.

To learn more, click here to see Frequently Asked Questions regarding Part 810 civil penalties.

Notes: Other major U.S. export control regulations already include provisions that allow agencies to impose civil penalties. The final rule implements a provision of the fiscal year 2019 National Defense Authorization Act, in which Congress clarified the DOE’s authority to impose monetary civil penalties for violations of section 57b of the Atomic Energy Act as amended, as implemented under 10 CFR Part 810. The legislation enables the DOE to use its discretion in ensuring all enforcement actions are proportional to the significance of the violation.

The final rule also reflects careful review and consideration of the comments received from the public on the Notice of Proposed Rulemaking, which the DOE published in the Federal Register on October 3, 2019.

Quote: “DOE believes that U.S. companies generally comply with the Part 810 regulation, and this final rule does not alter its scope,” said Corey Hinderstein, the deputy administrator for defense nuclear nonproliferation at the NNSA. “Instead, the final rule establishes procedures for DOE to impose monetary civil penalties in the event of a violation. This supports America’s goal of reducing the theft of U.S. technology by foreign competitors, supports U.S. jobs, and protects the valuable intellectual property of every U.S. nuclear energy organization.”

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