An administrative agreement (AA) was signed between NSSC and UAE FANR in January 2023 under Article 5 of the ROK-UAE Nuclear Cooperation Agreement. The AA aims to enhance regulatory efficiency in safeguards and export control. This study reviewed the export control measures for the items subject to the agreement (ISA) and implementation procedures under ROK-UAE AA by comparing them with other countries cases. First of all, the ROK-UAE AA distinguishes between ISA and the inventory management target items. Technology is divided into two categories, one requiring consent for retransfer and the other, considering the characteristics of technology that is free to be copied and deleted, and thus less useful for inventory management. Only the former is included in the annual report, which differs from the ROK-Canada or ROK-Japan NCA, which includes all technologies subject to the agreements in the annual report. When ROK notifies export information, it is mandatory to specify whether the technology requires consent for retransfer. Furthermore, some technologies should be controlled as strategic information, even if excluded from the annual report, so efforts to prevent confusion are required. Secondly, the ROK-UAE AA covers all items in INFCIRC/254/rev.9/part1, unlike the ROK-U.S. and ROK-Canada NCA, which listed equipment subject to them. This is significant because it clarifies the criteria for regulation by increasing the consistency between the trigger list items in the domestic law and the ISA. However, the expanded ISA scope could result in some changes in export control procedures. For example, when importing nuclear material (NM) from the US, only uranium was controlled as ISA, and the packages were not considered. In contrast, when exporting fuel assemblies (FA) for UAE, both uranium and zirconium cladding should be treated as ISA. To this end, NEPS was improved to implement the features of the ROK-UAE AA. Consideration of the criteria and methods for imposing obligations under the agreement is essential because this is the first case of Korea concluded AA under exporting NPP and as a supplier of FA. Generally, the obligations for NM are imposed by the country of origin, conversion, and enrichment countries. Canada and EU recognize the fuel fabrication process as a substantial transformation and impose customs origin where the process takes place. Hence, NM fabricated from Canadian equipment is also subject to the same obligations as NM of Canadian origin. From this perspective, it would be appropriate to ensure ROK acts as a supplier and controls when exporting domestically manufactured FA. Moreover, a proper national obligation code system will be required to specify Korea’s control rights.

• Hee Su Choe(Korea Institute of Nuclear Nonproliferation and Control (KINAC))
• Su-jeong Kim(Korea Institute of Nuclear Nonproliferation and Control (KINAC))
• Su-Hyeon Kim(Korea Institute of Nuclear Nonproliferation and Control (KINAC))
• Seung-hyo Yang(Korea Institute of Nuclear Nonproliferation and Control (KINAC)) Corresponding author