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Dayton Laboratory1515 Nicholas Road

. P. O. Box 8. Station B' ' * ' .!'[+IO.I Dayton. Ohio 45407.

't,e|lh*[gCELa Phone: (513) 268-3411,

Twx sio-4ss-isst

10 January 1983

Director of Nuclear Materials, Safety and SafeguardsU.S. Nuclear Regulatory CommissionWashington, D.C. 20555

Dear Sir: RLS-2160

The Monsanto Research Corporation has occasion to request export licensesfor shipment of small quantities of radioactive materials to countries suchas S. Africa, India, Brazil and Argentina. We presently have under con-sideration the following requests for export permits:

,

' NRC DateReference Requested Item Destination

m an1945 8 April 1982 Pu-238 IndiaXSNM01930 17 February 1982 Pu-238' IndiaXSNM01857 15 July 1982 Pu-242 IndiaXB001102 1 July 1982 Cf-252 India

pNM01978 4 August 1982 U-236 India

I do not believe the above mentioned requests have been acted on as requiredby the Nuclear non-Proliferation Act of 1978 and the administrative procedurestherein contained. Though considerable time has lapsed since submitting ourrequests, we have not received written information from the Nuclear RegulatoryCommission on the status of our requests or the actual issuance or denial ofexport permits. We are unable to establish for ourself whether such businessshould bepursued or not since we do not know if export permits will be issued.It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

.

8306020677 830110PDR XPORTXB-1102 PDR a substerary of Monsanto company

.

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Director of Nuclear Materials,-

Safety and Safeguards -2- 10 January 1983

.

It is our belief that small quantities of radioactive special materials can beexported without compromising our interests in controlling the proliferationof weapons technology. Though materials such as Plutonium-238, Americium-241and Californium-252 are used for neutron production, alternate means arereadily available to weapons builders for producing neutrons that make the useof such radioisotopes unnecessary. There are also other practical reasons whyAmericium-241, Plutonium-238 and/or Californium-252 neutron sources would notbe used in weapons. Another point to consider is that these radioisotopes areavailable from both English and French organizations who purchase the rawmaterials from the U.S. Department of fnergy. I am reliably informed that theEnglish and French organizations reship some materials to the restricted countriesin violation of our intergovernment agreement. The present procedure allows theseforeign organizations to purchase bulk shipments of radioisotopes without detailingthe specific end use as required of U.S. manufacturers. The English and Frenchorganizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use". They are then ableto break down the material into individual sales and ship it out without therestrictive paperwork and controls required of U.S. manufacturers. There isliterally no control over where the material ultimately ends up. It can be shippedto a third country who in turn reships the radioisotope to a sensitive country.

,

I believe the Commission must establish a firm and consistent program forexporting radioactive materials. The program must be void of the uncertanitythat now exists, and be one that applies the same controls to all exporters ofAmerican material be it a foreign or domestic manufacturer. I therefore petitionthe Nuclear Regulatory Commission to establish in a timely manner quantitylimits for special nuclear material (and other controlled radioisotopes) thatcan be licensed for shipment to the more sensitive countries.

,

I further petition the Nuclear Regulatory Commission to act post haste on theMonsanto Research Corporation's export permit requests herein identified and topositively issue or deny export permits for the subject material.

In the event the Nuclear Regulatorly Commission continues to impose export re-strictions on the shipment of small quantities of Americium-241, Plutonium-238and Californium-252 to designated sensitive countries, then I petition theCommission to alter its export procedures relative to foreign purchasers ofradioisotope. I request that the export of radioisotopes not be permitted un-less specific end use statements detailing specific end use and identifying theultimate recipient of the material, are supplied to cover all bulk materials3

purchased for resale. This would require that the English and Frenchorganizations provide the Nuclear Regulatory Commission end use statementsas they sell the material, all of which should total the quantity of materialoriginally purchased from the Department of Energy.. The specific end use mustbe approved by the Nuclear Regulatory C,ommission prior to the transfer of theradioisotope to a third party by the foreign manufacturer. Implementing this

_

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,

.

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Director of Nuclear liaterials,*

Safety and Safeguards -2- 10 January 1983-

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practice will impose on the foreign suppliers the same restrictions nowapplied to the U.S. domestic manufacturers of radioactive sources. It will

also permit the Nuclear Regulatory Commission to have the control over thedistribution of certain radioactive materials to sensitive countries it isrequired to exercise by the Nuclear Non-Proliferation Act of 1978.>

I respectfully request you formally take action on the three petitions hereinpresented.

Respectfully yours,

ENGINEERED PRODUCTS DEPARTMENT

M ' J. 6 4Robert L. SchimmelManager

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Dayton Laboratory1515 Nicholas RoadP. O. Box 8. Station B

.h- 1. :<f 0.1T oayton. On,o 454o7'

'Y Phone: (513) 268-3411'

'.g'Il bfCEC3' ' * " 'TWX 810-459-1681

10 January 1983


Dear Sir: RLS-2160


NRC DateReference Requested Item Destination

XSNM01945 8 April 1982 Pu-238 IndiaXSNM01930 17 February 1982 Pu-238 IndiaXSNM01857 15 July 1982 Pu-242 IndiaXB001102 1 July 1982 Cf-262 India

pNM01978 4 August 1982 U-236 India

I do not believe the above mentioned requests have been acted on as requiredby the Nuclear non-Proliferation Act of 1978 and the administrative procedurestherein contained. Though considerable time has lapsed since submitting our.requests, we have not rdceived written information from the Nuclear RegulatoryCommission on the status of our requests or the actual issuance or denial ofexport permits. We are unable to establish for ourself whether such businessshould bepursued or not since we do not know if export permits will be issued.It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

.

T *L ht ^ n ^ ' ~ ~ - >-

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a subsidiary of Monsanto Company

,

,fDirector of Nuclear Materials,Safety and Safeguards -2- 10 January 1983

It is our belief that small quantities of radioactive special materials can beexported without compromising our interests in controlling the proliferationof weapons technology. Though materials such as Plutonium-238, Americium-241and Californium-252 are used for neutron production, alternate means arereadily available to weapons builders for producing neutrons that make the useof such radioisotopes unnecessary. There are also other practical reasons whyAmericium-241, Plutonium-238 and/or Californium-252 neutron sources would notbe used in weapons. Another point to consider is that these radioisotopes areavailable from both English and French organizations who purchase the rawmaterials from the U.S. Department of Energy. I am reliably informed that theEnglish and French organizations reship some materials to the restricted countriesin violation of our intergovernment agreement. The present procedure allows theseforeign organizations to purchase bulk shipments of radioisotopes without detailingthe specific end use as required of U.S. manufacturers. The English and Frenchorganizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use". They are then ableto break down the material into individual sales and ship it out without therestrictive paperwork and controls required of U.S. manufacturers. There isliterally no control over where the material ultimately ends up. It can be shippedto a third country who in turn reships the radioisotope to a sensitive country.

I believe the Commission must establish a firm and consistent program forexporting radioactive materials. The program must be void of the uncertanitythat now exists, and be one that applies the same controls to all exporters of/cerican material be it a foreign or domestic manufacturer. I therefore petitionthe Nuclear Regulatory Commission to establish in a timely manner quantitylimits for special nuclear material (and other controlled radioisotopes) thatcan be licensed for shipment to the more sensitive countries.


In the event the Nuclear Regulatorly Commission continues to impose export re-strictions on the shipment of small quantities of Americium-241, Plutonium-238and Californium-252 to designated sensitive countries, then I petition theCommission to alter its export procedures relative to foreign purchasers ofradi_oisotope. I request that the export of radioisotopes not be permitted un-less specific end use statements detailing specific end use and identifying theultimate recipient of the material, are supplied to cover all bulk materials,

purchased for resale. This would require that the English and Frenchorganizations provide the Nuclear Regulatory Commission end use statementsas they sell the material, all of which should total the quantity of materialoriginally purchased from the Depa"iment of Energy.. The' specific end use must ;

be approved by the Nuclear Regulatoiy Commission prior to the transfer of theradioisotope to a third party by the foreign manufacturer. Implementing this

- - _ .- -.

, . . . . . . -

5

i.

.yDirector of Nuclear Materials,

.


practice will impose on the-foreign suppliers the same restrictions nowapplied to the U.S. domestic manufacturers of radioactive sources. It will

,

also permit the Nuclear Regulatory Commission to have the control over thedistribution of certain radioactive materials to sensitive countries it isrequired to exercise by the Nuclear Non-Proliferation Act of 1978.

)I respectfully request you formally take action on the three petitions hereinpresented.

Respectfully yours,

3 ENGINEERED PRODUCTS DEPARTMENT

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Robert L. SchimmelManager

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s' b f|| |@ (J MONSANTO RESEARCH CORPORATIONDaytnn Laboratory1515 Nicholas RoadP. O. Box 8. Station B

" * *..Of!TO.if oayton Onia 454o7!.* J j ;,. ,yy.' gCECa.. [ Phone: (513) 268-3411

Twx aio-4ss-issi

10 January 1983

Director of Nuclear !bterials, Safety and SafeguardsU.S. Nuclear Regulatory CommissionWashington, D.C. 20555

Dear Sir: RLS-2160


NRC DateReference Requested Item Destination

XSNM01945 S April 1982 Pu-238 - IndiaXSNM01930 17 February 1982 Pu-238 - IndiaXSNM01857 15 July 1982 Pu-242- IndiaXB001102 1 July 1982 Cf-252 India

)(SNM01978 4 August 1982 U-236 ~ India

I do not believe the above mentioned requests have been acted on as requiredby the Nuclear non-Proliferation Act of 1978 an1 the administrative procedurestherein contained. Though considerable time has lapsed since submitting ourrequests, we have not received written information from the Nuclear RegulatoryCommission on the status of our requests or the actual issuance or denial ofexport permits. We are unable to establish for ourself whether such businessshould bepursued or not since we do not know if export permits will be issued.It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

.

,

a subsidiary of Monsanto Companya. -

y

.

'

Director of Nuclear Materials,*

Safety and Safeguards -2- 10 January 1983i

, ,

It is our belief that small quantities of radioactive special materials can beIexported without compromising our interests in controlling the proliferation

of weapons technology. Though materials such as Plutonium-238, Americium-241and Californium-252 are used for neutron production, alternate means arereadily available to weapons builders for producing neutrons that make the useof such radioisotopes unnecessary. There are also other practical reasons whyAmericium-241, Plutonium-238 and/or Californium-252 neutron sources would notbe used in weapons. Another point to consider is that these radioisotopes areavailable from both English and French organizations who purchase the rawmaterials from the U.S. Department of Energy. I am reliably informed that theEnglish and French organizations reship some materials to the restricted countriesin violation of our intergovernment agreement. The present procedure allows theseforeign organizations to purchase bulk shipments of radioisotopes without detailingthe specific end use as required of U.S. manufacturers. The English and Frenchorganizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use". They are then ableto break down the material into individual sales and ship it out without therestrictive paperwork and controls required of U.S. manufacturers. There isliterally no control over where the material ultimately ends up. It can be shippedto a third country who in turn reships the radioisotops to a sensitive country.




purchased for resale. This would require that the English and Frenchorganizations provide the Nuclear Regulatory Commission end use statementsas they sell the material, all of which should total the quantity of material

-originally purchased from the Department nf Energy. The specific end use mustbe approved by the Nuclear Regulatory Commission prior to the transfer of theradioisotope to a thir'd party by the foreign manufacturer. Implementing this

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Director. of Nuclear Materials,

Safety and Safeguards -2- 10 January 1983 i


also permit the Nuclear Regulatory Commission to have the control over thedistribution of certain radioactive materials to sensitive countries it isrequired to exercise by the Nuclear Non-Proliferation Act of 1978.

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Respectfully yours,


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Phone: (513) 268-3411Twx eso.ase.isai

10 January 1983

Director of Nuclear Materials, Safety and SafeguardsU.S. Nuclear Regulatory CominissionWashington, D.C. 20555

Dear Sir: RLS-2160


- NRC DateReference Requested Item Destination

XSNM01945 8 April 1982 Pu-238 IndiaXSNM01410 17 February 1982 Pu-238- IndiaXSNM01857 15 July 1982 Pu-242 India

B001102 1 July 1982 Cf-252 IndiaSNM01978 4 August 1982 U-236 India

I do not believe the above mentioned requests have been acted on as requiredby the Nuclear non-Proliferation Act of 1978 and the administrative procedurestherein contained. Though considerable time has lapsed since submitting ourrequests, we have not received written information from the Nuclear RegulatoryCommission on the status of our requests or the actual issuance or denial ofexport permits. We are unable to establish for ourself whether such businessshould bepursued or not since we do not know if export permits will be issued.It is important to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

'

.

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Ma subsidiary of Monsanto Company

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Director of Nuclear Materials,


It is our belief that small quantities of radioactive special materials can beexported without compromising our interests in controlling the proliferationof weapons technology. Though materials such as Plutonium-238, Americium-241and Californium-252 are used for neutron production, alternate means arereadily available to weapons builders for producing neutrons that make the useof such radioisotopes unnecessary. There are also other practical reasons whyAmericium-241, Plutonium-238 and/or Californium-252 neutron sources would notbe used in weapons. Another point to consider is that these radioisotopes areavailable from both English and French organizations who purchase the rawmaterials from the U.S. Department of Energy. I am reliably informed that theEnglish and French organizations reship some materials to the restricted countriesin violation of our intergovernment agreement. The present procedure allows theseforeign organizations to purchase bulk shipments of radioisotopes without detailingthe specific end use as required of U.S. manufacturers. The English and Frenchorganizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use". They are then ableto break down the material into individual sales and ship it out without therestrictive paperwork and controls required of U.S. manufacturers. There isliterally no control over where the material ultimately ends up. It can be shippedto a third country who in turn reships the radioisotope to a sensitive country.'

I believe the Commission must establish a firm and consistent program forexporting radioactive materials. Tne program must be void of the uncertanitythat now exists, and be one that applies the same controls to all exporters ofAmerican material be it a foreign or domestic manufacturer. I therefore petitionthe Nuclear Regulatory Commission to establish in a timely manner quantitylimits for special nuclear material (and other controlled radioisotopes) thatcan be licensed for shipment to the more sensitive countries.



purchased for resale. This would require that the English and Frenchorganizations provide the Nuclear Regulatory Commission end use statementsas they sell the material, all of which should total the quantity of materialoriginally purchased from the Department of Energy. The specific end use mustbe approved by the Nuclear Regulatory Commission prior to the transfer of theradioisotope to a third party by the foreign manufacturer. Implementing this

.- . .

1;

.

; .:Director of Nuclear Materials,

1 Safety and Safeguards -2- 10 January 1983

.

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;

also permit the Nuclear Regulatory Commission to have the control over the'

distribution of certain radioactive materials to sensitive countries it is'

required to exercise by the Nuclear Non-Proliferation Act of 1978.4

! I respectfully request you formally take action on the three petitions herein1 presented.

Respectfully yours,i


| %' .T. 6L -

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Robert L. Schimmel} Manager1i RLS:dgk

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Twx aio-45s issi

10 January 1983 ,

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Dear Sir: RLS-2160


f4RC DateReference Requested Item Destination

XSNM01945 8 April 1982 Pu-238 IndiaXStiM01930 17 February 1982 Pu-238 IndiaXSNM01857 15 July 1982 Pu-242 IndiaXB001102 1 July 1982 Cf-252 India

KSNM019784 August 1982 U-236 India

I do not believe the above mentioned requests have been acted on as requiredby the Nuclear non-Proliferation Act of 1978 and the ad:ninistrative procedurestherein contained. Though considerable time has lapsed since submitting ourrequests, we have not received written information from the Nuclear RegulatoryCommission on the status of our requests or the actual issuance or denial ofexport permits. We are unable to establish for ourself whether such businessshould bepursued or not since we do not I:now if export permits will be issued.It is importans to American business that reasonable and clear export reg-ulations be followed and regulatory actions be prompt and timely.

.

5

ShD ba subsidiary of Monsanto Company

(.

.

".

Director of Nuclear Materials,Safety and Safeguards -2- 10 January 1983

It is our belief that small quantities of radioactive special materials can beexported without compromising our interests in controlling the proliferationof weapons technology. Though materials such as Plutonium-238, Americium-241 <

and Californium-252 are used for neutron production, alternate means arereadily available to weapons builders for producing neutrons that make the useof such radioisotopes unnecessary. There are also other practical reasons whyAmericium-241, Plutonium-238 and/or Californium-252 neutron sources would notbe used in weapons. Another point to consider is that these radioisotopes areavailable from both English and French organizations who purchase the rawmaterials from the U.S. Department of Energy. I am reliably informed that theEnglish and French organizations reship some materials to the restricted countriesin violation of our intergovernment agreement. The present procedure allows theseforeign organizations to purchase bulk shipments of radioisotopes without detailingthe specific end use as required of U.S. manufacturers. The English and Frenchorganizations purchase bulk material with a vague and generalized end use state-ment such as "for resale for instrument and research use". They are then ableto break down the material into individual sales and ship it out without therestrictive paperwork and controls required of U.S. manufacturers. There isliterally no control over where the material ultimately ends up. It can be shippedto a third country who in turn reships the radioisotope to a sensitive country.



In the event the Nuclear Regulator 1y Commission continues to impose export re-strictions on the shipment of small quantities of Americium-241, Plutonium-238and Californium-252 to designated sensitive countries, then I petition theCommission to alter its export procedures relative to foreign purchasers ofradioisotope. I request that the export of radioisotopes not be permitted un-less specific end use statements detailing specific end use and identifying theultimate recipient of the material, are supplied to cover all bulk materials3

purchased for resale. This would require that the English and Frenchorganizations provide the Nuclear Regulatory Commission end use statementsas they sell the material, all of which should total the quantity of materialoriginally purchased from~the Department of Energy.. The specific end use mustbe approved by the Nuclear Regulatory Commission prior to the transfer of theradioisotope to a third party by the foreign manufacturer. Implementing this

i|

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. ,

.

Director of Nuclear Materials,Safety and Safeguards -2- -10 January 1983


also permit the Nuclear Regulatory Commission to have the control over thedistribution of certain radicactive materials to sensitive countries it isrequired to exercise by the Nuclear Non-Proliferation Act of 1978.


Respectfully yours,


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