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Turning Crisis into Strategy: Contracts, projects and disputes at a global chokepoint
The globalization of the nuclear energy industry has heightened the importance of compliance with global export controls and technology transfer restrictions. This is a highly nuanced and complex area of law, involving up to four different regulatory regimes and multiple statutes. Hogan Lovells' team works with nuclear operators, global suppliers, engineering firms, and technology innovators on all aspects of export controls. This includes technology classifications, obtaining licenses or authorizations, reporting, and developing user-friendly compliance policies.
The team has worked on dozens of international deals and investments involving various export control considerations. They complement their legal experience with a unique understanding of the practical challenges companies face in complying with export controls daily. The firm's deep energy practice and knowledge, including attorneys with backgrounds at the DOE and NRC, allows them to provide comprehensive and practical advice. Hogan Lovells advises on a wide range of regulatory actions related to the use of radioactive materials and supports clients on policy proposals and funding applications. The firm's expertise spans issues related to nuclear energy and technology transfer, allowing them to handle complex trade matters globally.
Representative experience
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Serving as "day-to-day" nuclear export control counsel to a number of nuclear technology design companies and nuclear suppliers.
Routinely advising nuclear suppliers and consultants on DOE, NRC, and Department of Commerce nuclear export control laws, including, obtaining licenses and authorizations, and meeting reporting obligations.
Frequently engaging in joint regulatory-technical analyses to classify new technologies within the U.S. export control framework.
Routinely preparing Part 810 specific authorization requests and reports of engagement in Part 810-covered activities.
Drafted nuclear export control frameworks and compliance documents for a number of nuclear engineering, consulting, and supply companies.
Counseled U.S. component manufacturers on NRC export controls related to sales of nuclear power components to China.
Working closely with the NRC, advised a client on how to move forward with development and global distribution of new medicines that use controlled nuclear substances.
Assisted a U.S. nuclear supplier with an analysis of foreign markets for export controls and of Foreign Ownership, Control and Influence (FOCI) issues related to foreign investment in the company.
Assisted nuclear vendors with export control issues with new nuclear builds in the U.S., including day-to-day compliance, classification analysis of technology, and general authorization notifications.
Assisted commercial nuclear companies with obtaining specific authorizations from DOE to transfer technology and provide services to partners in China, India, Europe, and the UAE.
Routinely advise U.S. clients, including reactor operators, suppliers, and vendors, on Part 810 compliance for foreign nationals in the United States.
Developed export compliance screening and related immigration/deemed export procedures.
Assisted electric utility with assessing deemed export issues and submitting a voluntary self-disclosure to DOE and a request for a specific authorization under the Part 810 regulations.
Assisted electric utility with export control issues related to outsourcing its information technology functions to an Indian company.
Presented export control training programs for U.S. and multinational nuclear suppliers and nuclear utility companies.
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