In 2004, in order to comply with UN Security Council Resolution 1540, the European Union (EU) came into force with Regulation 428/2009 for the export control of dual-use items, which has been working to prevent the proliferation of weapons of mass destruction (WMDs). In August 2021, it amended the EU 821/2021 to include mandating the introduction of ICPs for exporters in the member countries in order to strengthen controls over the transfer of tangible and intangible technologies. The main contents are as follows; 1) Mandatory introduction of Internal Compliance Program (ICP): Exporters within the EU countries should introduce a transaction review procedure through the ICP in consideration of their size and organization. 2) Export control on Cyber Surveillance Items to protect human rights: In order to protect human rights and comply with the obligations of international human rights law, EU countries should implement export controls on cyber-monitoring items exported from customs zones in the EU. Cyber surveillance items are specially designed to monitor, extract, collect or analyze data such as biometrics through intrusion of information and communication systems or deep packet hijacking. However, items used for purely commercial programs such as billing, marketing, quality service, user satisfaction or network security are excluded. 3) Expansion of the Catch-all system: EU countries should utilize the catch-all system to strengthen export controls on cyber-monitoring items, including dual-use items. 4) Strengthening control over the cloud: Exporters and EU countries should extend the scope of intangible technology transfer, such as electronic media, fax, and telephone, outside the EU’s customs territory, and apply export control regulations such as general or comprehensive licenses to cloud transmissions outside the EU territory. 5) Introduction of large-scale project authorization: To reduce the administrative burden on enterprises (especially small and medium-sized enterprises) and authorities when exporters with individual or collective licenses export to one or more specific end-users for the purpose of large scale projects, provided that they ensure the implementation of an appropriate level of export controls; EU countries may introduce large-scale project license systems in the form of general authorization. Recently, there is a possibility that the ROK would export its nuclear technologies including APR1400 to the EU member countries in the midst of the EU adoption of carbon-zero policy. In this paper, we have analyzed the EU export control regulations and suggested the future direction of nuclear export control programs in the ROK.

In August 2021, in response to the rapidly changing trade environment, including the advancement of Information Communication Technology (ICT) and its services, the European Union (EU) implemented the Dual-Use Items Control Regulation 821/2021 to introduce an Internal Compliance Program (ICP) to the EU countries. Accordingly, the exporters should comply with the regulation to strengthen their transactions review systems. Sweden, Germany, France, and the United Kingdom have implemented ICPs and outreach activities for dual use items. In particular, France explicitly stipulates the introduction of ICP in the law to manage and supervise it. While Sweden, Germany, and the United Kingdom strengthen the supervisory authority of regulatory agencies then companies are encouraged to autonomously introduce ICPs. Before introducing the ICP for the trigger list items (the items) to the Republic of Korea (ROK), a comprehensive export license system for them should be firstly considered based on EU Regulations. Also the comprehensive export license might be implemented by expanding the subject for the existing license on technology export of nuclear plant into the items. The ROK does not introduce an ICP as it does not recognize a self-classification on the items in accordance with the nuclear export control law. However, in preparation for the export to the EU countries that have intentions to introduce nuclear plants, it is necessary to analyze the export control programs of Sweden, Germany, France, and the United Kingdom. Like the programs of Sweden, Germany and the United Kingdom, the EU regulations might be adopted to reduce the regulation burden in the ROK. With the reference of Sweden, the authority could support the Export Control Manager Certification (ECMC) system accredited by civil association then its outreach activities could be diverse and extended. Basically, the ECMC system could consist of Part I, II, III and IV and an applicant could be accredited by a civil association as the ECM after completing the courses of Part I and II. The ECMC courses might be as follow; 1) Part I: the Basic common course for beginner 2) Part II: the National export control system for the items 3) Part III: the International export control regulations 4) Part IV: Re-Certification within the certain period In this paper, we analyzed the export control programs in Sweden, Germany, France, and the United Kingdom and suggested the ECMC system that might be applied to the ROK as above.

In April 2015, the government of the Republic of Korea and the United States of America signed a new Nuclear Cooperation Agreement (NCA). Subsequently, in April 2016, the Nuclear Safety and Security Commission (NSSC) of the ROK and the Department of Energy (DOE) of the US signed the Administrative Agreement (AA) under the new Nuclear Cooperation Agreement. Accordingly, when Korea imports items subject to the Korea-US agreement, it is required to determine the inventory of imported agreement items and notify the United States of the inventory amount every year. In addition, when re-exporting an agreement item to a third country, prior consent of the original exporting country (USA) must be obtained. Nuclear companies that import items subject to the Korea-US Atomic Energy Cooperation Agreement must report their inventory to the government every year, but the standards and procedures for managing the inventory are not clearly stipulated in the national law. This makes it difficult for the government to verify the adequacy of the report submitted by nuclear companies, adding to the administrative burden on both the government and the companies. Accordingly, it is required for the government to establish and operate a system for history management system for import and export items subject to the agreement so that related information can be recorded and managed at each stage, such as first import of items to Korea, generation, disposal, and exports to third countries. This system provides history management functions such as initial import information record for items imported through import/export procedures according to administrative agreements, change of owned company due to domestic movement, deletion of inventory due to loss/disposal, deletion of inventory due to export or addition of inventory due to derived materials. Through this system, operators can easily manage agreement items, and the government can obtain reliable information on agreement items in close to real-time. In addition, when this system applies to exports of items subject to the agreement, the number of items subject to the agreement exported by Korea can be provided first so that the importing country can more quickly check the items subject to the agreement. It is expected to contribute to securing control of the items subject to the agreement and reducing concerns over nuclear proliferation.

The Nuclear Safety Act defines items defined in nuclear cooperation agreements with each country as internationally regulated materials and requires that import and export procedures be implemented according to each agreement. In particular, the US, Canada, and Australia, which are major nuclear power suppliers, describe detailed procedures related to imports and exports in administrative agreements attached to the agreement. This paper compares and analyzes the import and export procedures of agreed items in the three major countries and proposes procedures and precautions that nuclear companies should follow for smooth import and export. The import/export procedure, according to the annexed administrative agreement, is divided mainly into Direct-transfer, Indirect-transfer, and Re-transfer. Direct transfer refers to direct import and export between countries that have signed an agreement. The four-step process of prior notice, written confirmation, shipment notice, and receipt confirmation is commonly required for direct transfer. However, in the case of Canada, if the previously related information is the same, the shipping notification and receipt confirmation procedure may be omitted. Australia only defines items included in the notification without a separate form in the administrative agreement. Indirect transfer means transferring items originating from the other two countries that signed the agreement through a third country. All three countries stipulate that item transferred by indirect transfer are also subject to the agreement, and Canada stipulates separate advance notifications and shipping notifications for indirect transfer. Australia manages indirect transfers by including information from third countries in the exchange-related information between the two countries. The US does not have a specific procedure for indirect transfer, but it is presumed that it was omitted because it was difficult to confirm the time of shipment when the US exports through a third country. Re-transfer is a procedure to obtain consent from the original exporting country in advance when exporting items held in Korea to a third country. There are two types of consent based on re-transfer, the long-term consent method, and the individual case-by-case method. Long-term consent is a method of long-term consent for re-transfer to an agreed-upon country by agreeing in advance on a list of countries where re-transfer is possible. In the long term, the procedure will be reflected in domestic laws in detail and managed through an IT-based management system so that operators can smoothly implement such complex import and export procedures.