NRC Foreign Ownership, Control, or Domination (FOCD)

Current understanding

Section 103d of the Atomic Energy Act bars issuance of utilization facility licenses to entities owned, controlled, or dominated by a foreign entity; NRC regulations implement this restriction with limited exceptions. The ADVANCE Act of 2024 directed NRC to broaden exceptions to facilitate allied investment in advanced reactors, and NRC issued a direct final rule amending the FOCD framework with a July 7, 2026 effective date. Practical effect: potential to open U.S. utilization facility licensing to a wider set of allied-country investors while preserving national security screening.

Evidence log

• 2025-01-16 — NO GOTION Act: cross-connection with energy-tax-credits-foreign-adversary-restriction: Parallel foreign-adversary control screening: NRC’s FOCD framework restricts licensing, while NO GOTION would restrict tax-credit eligibility for the same class of controlled entities. (novelty: 3)
• 2026-07-28 — Presidential Determination on the Proposed Agreement for Cooperation Between the Government of the United States of America and the Government of the Kingdom of Saudi Arabia Concerning Peaceful Uses of Nuclear Energy: cross-connection with us-saudi-peaceful-nuclear-cooperation: A 123 agreement partner-country status interacts with NRC FOCD determinations that govern whether Saudi-affiliated entities can hold or participate in US nuclear facility licenses. (novelty: 3)
• 2026-07-16 — Modernizing Reactor Licensing, Safety Oversight, and Siting Practices: cross-connection with nrc-reactor-licensing-modernization: FOCD exceptions rule and the broader reactor licensing rewrite together define the reshaped licensing eligibility and process for new (including foreign-invested) reactors. (novelty: 3)
• 2026-06-05 — Exceptions From Foreign Ownership, Control, or Domination: cross-connection with doe-part-810-foreign-atomic-energy-assistance: Both regulate foreign involvement in U.S. nuclear activities: NRC FOCD governs foreign ownership of domestic utilization facilities, while DOE Part 810 governs U.S. assistance to foreign atomic energy programs — complementary halves of nuclear export/investment controls. (novelty: 2)

Open questions

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