Understanding DOE Part 810 Nuclear Controls

Introduction

U.S. export controls on nuclear technology extend beyond physical equipment and materials to include technical assistance, services, and the transfer of know-how. One of the most critical—and often misunderstood—regulatory regimes governing these activities is the Department of Energy’s Part 810 regulations. Issued under the Atomic Energy Act, Part 810 controls the transfer of certain nuclear-related technology and assistance to foreign persons and destinations. Unlike traditional export controls focused on tangible goods, Part 810 emphasizes the dissemination of technical information and expertise, making it especially relevant to engineers, researchers, consultants, and multinational companies engaged in civil nuclear activities.

Key Features and Compliance Requirements of Part 810

1. Scope of Controlled Activities

Part 810 governs the transfer of nuclear technology and assistance related to the development, production, or use of nuclear reactors, fuel cycle facilities, and certain nuclear materials. This includes activities such as design work, technical consulting, training, and collaborative research. Importantly, Part 810 applies even when no physical item is exported. Providing controlled technical assistance to a foreign national—whether abroad or within the United States—can trigger Part 810 requirements.

2. Authorization Types: Generally Authorized vs. Specific Authorization

Part 810 establishes two primary categories of authorization. “Generally authorized” activities may proceed without prior DOE approval, provided that all regulatory conditions are met. These typically involve cooperation with countries that have strong nonproliferation credentials and existing nuclear cooperation agreements with the United States. In contrast, “specific authorization” is required for activities involving countries or technologies of greater proliferation concern. Specific authorization requires prior DOE approval and may involve extensive interagency review.

3. Country-Based Restrictions and Prohibited Activities

Part 810 includes country-specific restrictions reflecting U.S. nonproliferation and foreign policy objectives. Certain destinations are excluded from general authorization eligibility, while others are subject to outright prohibitions for specific types of nuclear assistance, such as enrichment or reprocessing technologies. Exporters must carefully review the applicable country lists and ensure that their activities fall within permitted parameters. Changes in geopolitical relationships can also affect authorization eligibility over time.

4. Overlap with Other Export Control Regimes

Part 810 does not operate in isolation. Nuclear-related activities may simultaneously be subject to the Export Administration Regulations (EAR), Nuclear Regulatory Commission (NRC) controls, or International Traffic in Arms Regulations (ITAR), depending on the nature of the technology and assistance involved. A single transaction may require analysis under multiple regimes. Determining which agency has primary jurisdiction—and ensuring all applicable requirements are met—is a critical compliance step.

5. Reporting, Recordkeeping, and Compliance Expectations

Even where activities are generally authorized, Part 810 imposes reporting and recordkeeping obligations. Companies must maintain documentation demonstrating eligibility for general authorization and compliance with regulatory conditions. For activities requiring specific authorization, approvals often include conditions that must be tracked and implemented. Because Part 810 enforcement focuses on preventing unauthorized technology transfer, failure to maintain adequate records or to recognize when authorization is required can result in significant penalties.

Conclusion

DOE Part 810 nuclear controls play a vital role in the U.S. nonproliferation framework by regulating the transfer of nuclear technology and expertise, not just physical exports. Their focus on technical assistance and knowledge sharing makes them particularly relevant in today’s globalized and collaborative nuclear industry. Companies and individuals engaged in nuclear-related work must understand the scope of Part 810, carefully assess country eligibility, and evaluate how these controls interact with other export control regimes. By implementing strong internal controls, training personnel, and conducting thorough authorization analyses, organizations can support legitimate international nuclear cooperation while remaining compliant with U.S. law and nonproliferation objectives.