Nuclear materials
- Document symbol
- G/LIC/N/3/GBR/3
- Original language
- English
- Published on
- 07/12/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The UK requires an import licence when: Uranium Ore concentrates; and Plutonium, Uranium 233, Uranium enriched in the isotopes 233 or 235, natural Uranium and mixtures, compounds and alloys containing any of the foregoing, including spent or irradiated nuclear reactor fuel elements; (together referred to as "Nuclear Materials") are imported into the UK.
This import licensing system is administered by the Office for Nuclear Regulation (ONR). These licenses give the UK control over potentially fissile material, which is important on national security grounds.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The following nuclear materials currently require an import licence when imported into the UK from outside the EU:
Ex 26 12 Uranium ore concentrates;
Ex 28 44 Plutonium, uranium 233, uranium enriched in the isotopes 233 or 235, natural uranium and mixtures, compounds and alloys containing any of the foregoing, including spent or irradiated nuclear reactor fuel elements (cartridges).
Q3. The system applies to goods originating in and coming from which countries?
Import licensing arrangements cover all imports of relevant nuclear materials into the UK. All nuclear imports will be subject to the same import licensing procedures.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The import licensing requirement exists to prevent nuclear material that could be used to make an improvised nuclear device from falling into the wrong hands (i.e., a national security and nuclear non-proliferation concern). When the shipments are stopped at the border by radiation detectors, the accompanying import licence enables Border Force officials to determine its legitimacy and proceed accordingly.
Removing the import licensing requirement for relevant nuclear material would diminish ONR's ability to identify imports that should not take place, or add conditions or caveats to imports, to suitably check and address any concerns over the materials intended use for making an improvised nuclear device. For this reason, alternative methods have not been considered.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The import licensing restriction on these materials (via their inclusion in the Annex to the Open General Import Licence), gives these materials "prohibited and restricted" status. This licensing restriction enables designated customs officials to use powers contained in the Customs and Excise Management Act 1979 (CEMA) to search for these materials at the border and to seize or detain imports if they reasonably believe them to be prohibited or restricted and if they suspect they are being imported illegally.
The underlying Annex to Open General Imports Licences will be amended to provide that licences will be required for all relevant nuclear imports coming into the UK.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Goods without a licence will not be granted access to the UK on entry at any Port without a valid one in place.
There is no fixed period for submitting a specific license application in advance of importation, although it must be reviewed, and a license must be issued before the importation occurs. However, we recommend that operators submit their application two months before the importation.
Q7.b. Can a licence be granted immediately on request?
No - around two months for granting from receipt of application to ONR. A specific license would not be granted immediately upon request. Applicants should allow up to two months from the date an application is received by ONR.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which a specific import license application can be submitted to ONR.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
ONR will grant the licence and will undertake discussions with other organisations, as is required, for approval.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Licence could be refused under the Nuclear Industries Security Regulations due to over excessive quantities, legal entity of the company importing etc. Any refusal, provided no sensitivities, would be given the reason(s) in an open and transparent manner. Right of appeal in the first instance would be in writing to the Deputy Chief Nuclear Inspector at ONR.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Any company registered with Companies House is eligible to apply for a licence. Applicants do not need to register anywhere else to apply for the licences. Applicants and licensees do not pay any fees for the licences. Lists of applicants or licensees are not published. An application consists of two forms: a declaration signed by a director of a company, authorising an individual to apply on behalf of the company; and an application signed by the individual.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Detailed information and guidance is available on Welcome to GOV.UK (www.gov.uk) and forms can be accessed at https://www.onr.org.uk/cnss/licensing.htm.
Q11. What documents are required upon actual importation?
Importer must carry the licence along with other relevant identification documents.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no application fee.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A valid licence only remains valid for 12 months from the date of issue. A new licence must be applied after its expiration date.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, licences cannot be transferred between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Importers applying for licence are required to declare the quantity of materials to be covered by the licence.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Customs declarations.