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Legal Update: Export of Nuclear Materials will be Subject to the License Granted by Nuclear Regulatory Institution

24 February, 2020

On February 13, 2020, the Nuclear Regulatory Institution (“Nükleer Düzenleme Kurumu” or “NDK”) has published the Regulations on Nuclear Material Control numbered 31038(“Regulation”)[1] in order to the prevent the spread of nuclear weapons. To realize the aim, with the Regulation, NDK regulates the procedures and principles of the export control regarding the designated and/or created materials, products, equipment, component and related technology which are deemed to be used for nuclear activities.

One of the substantial reforms of the Regulation is that, export of any nuclear material falling in scope of the Regulation will be subject to the written opinion of The Ministry of Defense and Foreign Affairs. Nevertheless, the authorized governmental body is NDK to provide the license for export of such material. In this respect, in case the requested export of such material is related to other ministries, in other words, falls in scope of other ministries apart from Ministry of Defense or Foreign Affairs; as per the Article 6 of the Regulation, the written approval of NDK must still be provided by the related ministries. To do so, one can clearly assert that approval of NDK is set as a pre-condition to export any nuclear material as defined in the Regulation.

On another note, in order to prevent the spread of the nuclear weapons, the subject material will be subject to a technical research conducted by the related ministries and NDK which requires certain documentation from the applicant in requisition.

In case the export license of nuclear material is granted following the steps are satisfied as stated hereinabove, the license shall be valid for six months as of the date of the license. The exporter shall inform NDK and provide all the related documents including the customs declaration and the receipt of the end-user of the material within one month as of the date of export. However, the exporter shall be liable to inform NDK in case the export is not performed or conducted within one month following the six months period of being granted with the license if provided. On that note, it must be stated that the exporter may be granted with a time of extension in case it is requested duly. In further, the Ministry of Commerce is notified by NDK in the event of cancellation of such license.

One must also highlight that, as per the Regulation, the nuclear export license cannot be transferred to any other entity or person, and cannot be used outside of the scope of the license.

[1] Nükleer Düzenleme Kurumu,Nükleer İhracat Kontrolü Yönetmeliği, Dated Februaary 13, 2020, Numbered 31038 <https://www.resmigazete.gov.tr/eskiler/2020/02/20200213-3.htm> Accessed on February 21, 2020

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