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DOC/BIS

RIN: 0694-AD26

Publication ID: Spring 2009

Title: Additional Protocol Regulations
Abstract: Following ratification by the United States of the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (AP or Protocol), the Bureau of Industry and Security (BIS) is establishing the Additional Protocol Regulations (APR) to implement the provisions of the Protocol affecting U.S. industry and other U.S. persons. The model Additional Protocol requires enhanced information collection and access to provide IAEA inspectors with greater ability to detect clandestine nuclear activities in non-nuclear weapons states (NNWS), and covers almost all of a state's nuclear fuel cycle. The United States, as a nuclear weapons state (NWS) party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), is not obligated to accept IAEA safeguards on its nuclear activities. However, the United States voluntarily signed the U.S. Additional Protocol on June 12, 1998. In this U.S. Additional Protocol, the United States accepts all of the measures of the Model Protocol, except where their application would result in access by the IAEA to activities with direct national security significance to the United States or to locations or information associated with such activities. Declarations submitted under the U.S. Additional Protocol would provide the IAEA with information about additional aspects of the U.S. nuclear fuel cycle and other nuclear material activities not currently subject to the U.S. Safeguards Agreement. There are no routine inspections under the U.S. Additional Protocol, but IAEA inspectors may be provided access (referred to as "complementary access") to the U.S. nuclear fuel cycle to assure the absence of undeclared nuclear material and activities or where there is a question or an inconsistency about the completeness or correctness of the U.S. declaration, which could relate to declared or undeclared industrial locations.
Agency: Department of Commerce(DOC)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 15 CFR 781 15 CFR 782 15 CFR 783 15 CFR 784 15 CFR 785 15 CFR 786 15 CFR 787 15 CFR 788
Legal Authority: 22 USC 6701 50 USC 1601 50 USC 1701 EO 13128 EO 12938 EO 13094 ...

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Rule	10/31/2008	73 FR 65120

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related RINs: Related to 0694-AD27
Agency Contact: Willard Fisher Export Administration Specialist Department of Commerce Bureau of Industry and Security 14th Street and Pennsylvania Avenue NW, Washington, DC 20230 Phone:202 482-2440 Fax:202 482-3355 Email: willard.fisher@bis.doc.gov