Nonproliferation and fusion power plants

TL;DR

This paper argues that nuclear nonproliferation laws do not legally apply to fusion power plants and suggests that existing export controls are more appropriate for managing fusion's proliferation risks.

Contribution

It provides a legal and technical analysis showing fusion's exemption from nonproliferation regime and proposes a controls-by-design approach for fusion regulation.

Findings

Legal non-applicability of nonproliferation regime to fusion.

Fusion should be regulated by export controls, not nonproliferation laws.

Supports development of a usage-based control regime for fusion.

Abstract

This is an abridged abstract; please see the full paper. This paper evaluates whether the nuclear nonproliferation regime applies to fusion power plants and finds that, legally, the regime does not apply. The paper then examines whether the nonproliferation regime should apply to fusion based on a technical evaluation. The paper concludes that fusion should continue to fall outside the nonproliferation regime and that the global, dual-use export control regime, including potentially developing a "controls by design" usage-based control regime, is better suited for commercial fusion energy.