  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.
