# § 2139. Component and other parts of facilities
**(a)** **Licenses for domestic activities** section 2131 of this title
With respect to those utilization and production facilities which are so determined by the Commission pursuant to section 2014(v)(2) or 2014(cc)(2) of this title the Commission may issue general licenses for domestic activities required to be licensed under , if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security.
**(b)** **Export licenses** section 2155(b)(2) of this title*Provided*section 2155 of this title
After consulting with the Secretaries of State, Energy, and Commerce, the Commission is authorized and directed to determine which component parts as defined in section 2014(v)(2) or 2014(cc)(2) of this title and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as provided in , no such component, substance, or item which is so determined by the Commission shall be exported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assurances provided and other information available to the Federal Government, including the Commission, that the following criteria or their equivalent are met: (1) IAEA safeguards as required by Article III (2) of the Treaty will be applied with respect to such component, substance, or item; (2) no such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosive device; and (3) no such component, substance, or item will be retransferred to the jurisdiction of any other nation or group of nations unless the prior consent of the United States is obtained for such retransfer; and after determining in writing that the issuance of each such general or specific license or category of licenses will not be inimical to the common defense and security: , That a specific license shall not be required for an export pursuant to this section if the component, item or substance is covered by a facility license issued pursuant to .
**(c)** **Exports inimical to common defense and security of United States** section 2155(a) of this title
The Commission shall not issue an export license under the authority of subsection (b) if it is advised by the executive branch, in accordance with the procedures established under , that the export would be inimical to the common defense and security of the United States.
---
**Source Credit**: (Aug. 1, 1946, ch. 724, title I, § 109, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub. L. 87–615, § 9, Aug. 29, 1962, 76 Stat. 411; Pub. L. 89–645, § 1(b), Oct. 13, 1966, 80 Stat. 891; Pub. L. 95–242, title III, § 309(a), Mar. 10, 1978, 92 Stat. 141; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105–277, div. G, title XII, § 1225(d)(2), Oct. 21, 1998, 112 Stat. 2681–774.)
## Editorial Notes
### Amendments
1998—Subsec. (b). struck out “and the Director” after “Energy, and Commerce”.
1978—Subsec. (a). designated existing provisions as subsec. (a) and substituted “the Commission may issue general licenses for domestic activities required to be licensed under , if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security” for “the Commission may (a) issue general licenses for activities required to be licensed under , if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security, and (b) issue licenses for the export of such facilities, if the Commission determines in writing that each export will not constitute an unreasonable risk to the common defense and security”.
Subsecs. (b), (c). added subsecs. (b) and (c).
1966— substituted “section 2014(v)(2) or 2014 (cc)(2)” for “section 2014(t)(2) or 2014(aa)(2)”.
1962— substituted “section 2014(t)(2) or 2014(aa)(2)” for “section 2014(p)(2) or 2014(v)(2)”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1998 Amendment
Amendment by effective on earlier of , or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in , Foreign Relations and Intercourse, see , set out as an Effective Date note under .
### Effective Date of 1978 Amendment
Amendment by effective , except as otherwise provided and regardless of any requirement for the promulgation of implementing regulations, see , set out as an Effective Date note under , Foreign Relations and Intercourse.
### Exports Contracted for Prior to Nov. 1, 1977, Made Within One Year of Mar. 10, 1978; Savings Provision
> “The amendments to section 109 of the 1954 Act [
>
> ] made by this section shall not affect the approval of exports contracted for prior to
>
> , which are made within one year of the date of enactment of such amendments [
>
> ].”
, , , provided that:
## Executive Documents
### Performance of Functions Pending Development of Procedures
The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, , , , not to be delayed pending development of procedures even though as many as 120 days [after ] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, , 43 F.R. 20947, set out under , Foreign Relations and Intercourse.