(1)a license may be issued by the Nuclear Regulatory Commission under this chapter for the export of special nuclear material described in subsection (b) of this section; and
(2)approval may be granted by the Secretary of Energy under section
2160 of this title for the transfer of special nuclear material described in subsection (b) of this section;
only after the Secretary of Defense has been consulted on whether the physical protection of that material during the export or transfer will be adequate to deter theft, sabotage, and other acts of international terrorism which would result in the diversion of that material. If, in the view of the Secretary of Defense based on all available intelligence information, the export or transfer might be subject to a genuine terrorist threat, the Secretary shall provide to the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, his written assessment of the risk and a description of the actions the Secretary of Defense considers necessary to upgrade physical protection measures.
(b)Subsection (a) of this section applies to the export or transfer of more than 2 kilograms of plutonium or more than 5 kilograms of uranium enriched to more than 20 percent in the isotope 233 or the isotope 235.
1994—Subsec. (b). Pub. L. 103–236substituted “5 kilograms” for “20 kilograms”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–236effective 60 days after Apr. 30, 1994, see section 831 ofPub. L. 103–236, set out as an Effective Date note under section
6301 of Title
22, Foreign Relations and Intercourse.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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