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KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS

DOE Officially Welcomes Singapore and the Philippines to the ‘Generally Authorized’ Club

On September 16, 2025, the US Department of Energy published a secretarial determination in the Federal Register that officially adds Singapore and the Philippines to the list of generally authorized destinations in Appendix A to 10 CFR Part 810. This action represents a meaningful development that will ease the way for US civil nuclear exports to two key partners in Southeast Asia.

Organizations whose export control compliance documents—guidance, protocols, forms, training, etc.—list the countries eligible for a general authorization under Part 810 should update those lists to include these two new countries.

Organizations that have specific authorization applications pending with DOE for these countries (or citizens from these countries) for commercial reactor technology or any other technology that is eligible for the general authorization in 10 CFR § 810.6(a) should withdraw their applications. Organizations that have active specific authorizations for these countries (or citizens of these countries) should inform DOE that those specific authorizations should now be terminated.

As background, the Atomic Energy Act gives the Secretary of Energy authority to preapprove assistance by US persons to nuclear energy activities in certain countries as well as transfers of certain nonpublic nuclear technology to citizens of those countries.

Exercising this authority, the Secretary of Energy has determined that certain countries are “generally authorized” under Appendix A to Part 810 for certain technologies.

These “generally authorized” destinations listed in Appendix A to Part 810 have been limited to countries that have peaceful nuclear cooperation agreements (also referred to as 123 Agreements after the section of the Atomic Energy Act that authorizes such treaties) with the United States and for whom the US government has no other policy or security concerns. China and Russia, for example, have 123 Agreements with the United States but are not included in Appendix A.

These 123 Agreements are legally binding frameworks that allow for the transfer of nuclear materials, technology, and services for peaceful purposes under strict nonproliferation conditions.

The Philippines and Singapore 123 Agreements entered into force on July 2, 2024 and December 12, 2024, respectively. US persons can now engage more freely in peaceful nuclear cooperation with these nations and their citizens, including as employees or US companies—supporting nonproliferation-friendly partnerships without the need for case-by-case “specific” authorizations.