When exporting nuclear-related items, export control is required from two perspectives: the control of “Trigger List Items” as controlled by Nuclear Supplier Groups (NSG) and the control of the “Items Subject to the Agreement” as specified in bilateral Nuclear Cooperation Agreements. While Trigger List Items and Items Subject to the Agreement are largely similar, there are some items where they do not overlap. Furthermore, national law for controlling each item is different. The Trigger List Items are governed by the Foreign Trade Act, and the Items Subject to the Agreement (Internationally Controlled Items) are governed by the Nuclear Safety Act. As a result, the detailed procedures and requirements for controlling each item are quite distinct. For the Trigger List Items, export license must be obtained in accordance with the Foreign Trade Act. The details such as responsible authority, the items subject to license, license requirements and procedures, penalties are specified in the Public Notice on Import and Export of Strategic Goods. For the Items Subject to the Agreement, the process and obligations set forth in bilateral agreements and related administrative agreements are fulfilled in accordance with the Nuclear Safety Act. However, in contrast to the Trigger List Items, the details for complying with the agreements are not specified legally. Since most of the Items Subject to the Agreement are fall within the category of the Trigger List Items, the obligations in accordance with the agreements are reviewed and implemented during the export license assessment process. However, if the Items Subject to the Agreement are not are fall within the category of the Trigger List Items, there is a risk of control omission. For example, this applies to cases of exporting tritium and tritium removal facilities, which are not the Trigger List Items, to Canada and Romania. Moreover, since subjects to the agreement and compliance procedures are respectively different for 29 bilateral Nuclear Cooperation Agreements signed with different countries, it is difficult for enterprise to recognize the appropriate procedures and obligations under the agreement by their own. The bilateral Nuclear Cooperation Agreements establish legal obligations between state parties while NSG are non-legally binding arrangements. Therefore, it could be even more necessary to comply strictly with the agreements. Consequently, legal improvements are required for effective implementations of Nuclear Cooperation Agreements. While it may be challenging to institutionalize details of 29 Nuclear Cooperation Agreements, it is essential to legally specify key elements such as the list of items subject to agreements, responsible authority, requirements and procedures for implement the agreement obligations, and penalties. Furthermore, domestic awareness on compliance with Nuclear Cooperation Agreements is lower compared to the system of export license for Trigger List Items. The continuous outreach is also necessary, along with institutional improvements.
The Korea Institute of Nuclear Nonproliferation and Control (KINAC) conducts various outreach activities, such as publishing brochures and holding seminars and briefings, to make regulated parties aware of the importance and necessity of the export control regime. The outreach program aims to increase compliance rates by generating interest in the export control regime among recipients and to increase communication to support compliance. In order to explore the long-term development of outreach activities, we analyze how KINAC conducts outreach. KINAC conducts nuclear export control outreach to organizations that deal with trigger list items and related technologies. Educational institutions with nuclear energy-related departments, research institutes related to nuclear energy and materials, and industrial companies that handle equipment used in nuclear power plants or nuclear materials were selected for outreach. The outreach program provides information on the export control regime for trigger list items, the strategic technology control regime, and the Nuclear Cooperation Agreement. KINAC’s outreach programs can be categorized into education, exhibition, and publication. In the education program, we hold workshops and seminars for industrial companies, with customized content that considers the items handled by companies and the nature of technology transfer. We provide training for educational and research institutions focused on conducting research tasks and projects and transferring technology accordingly. As a result of the education program, there is a regret that the education for SMEs and educational institutions is not directly linked to the implementation of nuclear export control. The exhibition program operated a booth at nuclear-related exhibitions at least once a year. The booth distributed brochures or publications on the export control regime, conducted surveys to investigate awareness of the regime and conducted on-site consultations. The exhibition program effectively increased the understanding of the export control regime among the general public and potential regulated parties. However, it was only sometimes linked to the actual implementation of nuclear export control. The publication program produced promotional materials for use at education and exhibitions, as well as guidance materials on new and revised regulations. It used the agency’s online media to provide information on new and revised export control legislation and related issues. As a result of the publication program, various existing publications explaining the export control regime were consolidated into a single publication, increasing the efficiency and satisfaction of outreach.
The Korea Institute of Nuclear Nonproliferation and Control (KINAC) conducts outreach to promote and educate regulated entities on the export control regime’s purpose, importance, and implementation. Outreach activities help to reduce regulatory blind spots and minimize domestic and international penalties for non-compliance. The need for outreach is growing as domestic and international policies are changing rapidly, and the scope of export regulations is expanding due to increased exports of nuclear power plants. In order to explore the long-term development direction of outreach activities, we will analyze the trends of nuclear export control and the outreach activities of related organizations. Here are some key trends in nuclear export controls. In recent years, countries worldwide have been reorganizing their supply chains for critical industries, focusing on their own and friendly countries, and strengthening their trade policies in security aspects such as export control and technology protection. Following the trend of international sanctions against Russia, the Korean government has implemented domestic export control measures similar to those of the international community, such as blocking the export of strategic goods to Russia. In addition, the number of strategic goods classifications and export licenses has been increasing as Korea promotes the export of new nuclear power plants. In line with carbon neutrality, it is expected to revitalize and diversify nuclear energy-related export businesses, such as joint research on fourth-generation nuclear power plants and SMRs. Finally, the scope of exports is expanding from ‘goods’ such as existing nuclear reactors to ‘technology’-oriented transfers. The means of technology transfer are diversifying with the development of information and communication technologies such as cloud services, email, video conferencing, and large-capacity removable storage devices. Next, look at the outreach activities of nuclear export control organizations. The Korean Security Agency of Trade and Industry (KOSTI) is an organization that implements export controls on dualuse items. It puts much effort into one-on-one consulting services with companies and has established and operated various online training programs. It also actively utilizes online promotional materials such as card news and videos. The export control agencies of major countries have a common trend of expanding outreach to research institutions, providing export control guides tailored to the characteristics of each field, holding annual seminars and conferences, and operating educational programs