Department of Energy proposes rulemaking to clarify civil penalties for Part 810 export violations

On 3 October 2019, the Department of Energy (DOE) published a notice of proposed rulemaking regarding the imposition of civil penalties for violations of the Part 810 regulations (10 CFR Part 810), which control the export of certain unclassified nuclear technologies and assistance. The Part 810 regulations had not previously included provisions for civil monetary penalties, and it was previously unclear whether DOE had authority to impose such penalties.

The proposed rule would implement Section 3116(b) of the 2019 John S. McCain National Defense Authorization Act (2019 NDAA), which clarified DOE’s authority to impose civil penalties for violations of Section 57(b) of the Atomic Energy Act of 1954 (AEA). Notably, the proposed rule allows for the imposition of a daily civil penalty for continuing violations. The deadline to submit comments on the proposed rule is 4 November 2019.

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