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July 21, 2005 

Jurisdiction Over Exports of Nuclear Grade Graphite for Non-Nuclear End Use Transferred to BIS

The Bureau of Industry and Security (BIS) today published in the Federal Register a final rule to make nuclear grade graphite intended for non-nuclear end uses subject to the Export Administration Regulations (EAR) licensing jurisdiction. The final rule also imposes a license requirement for exports and reexports to destinations of concern for nuclear proliferation reasons. The Nuclear Regulatory Commission (NRC) announced the discontinuance of its jurisdictional authority for these items in a corresponding final rule also published in today's Federal Register. BIS stated that this transfer of jurisdiction and the imposition of license requirements to destinations of concern for nuclear proliferation reasons are intended to remove the licensing burden on exporters of nuclear grade graphite intended for non-nuclear end uses to most destinations. Although there is no formal comment period, BIS indicated that public comments on this regulation are welcome on a continuing basis.

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