22 U.S.C. § 8008 — Definitions
submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 639 words · no verdicts yet
This section defines terms used in the chapter concerning United States-India nuclear cooperation. The definitions include terms for nuclear materials and activities, international agreements and groups, and persons connected with India.
This section defines the key terms used throughout this chapter on U.S.-India nuclear cooperation.
(1) "Additional Protocol" means an agreement added on to a safeguards agreement with the IAEA, negotiated between a country and the IAEA, based on a model set out in IAEA document INFCIRC 540.
(2) "Appropriate congressional committees" means the Senate Committee on Foreign Relations and the House Committee on International Relations.
(3) "Dual-use material, equipment, or technology" means anything that can be used for either nuclear or non-nuclear purposes.
(4) "IAEA safeguards" has the meaning given in section 6305(3) of this title.
(5) "Indian person" means: a person who is an Indian citizen or subject to India's jurisdiction (A); a corporation, business, partnership, society, trust, or other non-government group organized under Indian law or based mainly in India (B); or any Indian government body, including one that runs as a business (C).
(6) "Missile Technology Control Regime," "MTCR," and "MTCR adherent" have the meanings given in section 2797c of this title.
(7) "Nuclear materials and equipment" means source material, special nuclear material, plants that make or use nuclear material and their parts, and anything else found to matter for making nuclear explosives under section 2139(b) of title 42.
(8) "Nuclear Non-Proliferation Treaty" and "NPT" mean the treaty signed in Washington, London, and Moscow on July 1, 1968, and in force since March 5, 1970.
(9) "Nuclear Suppliers Group" and "NSG" mean a group of countries — meeting since 1975, and at least yearly since 1992 — that have agreed to follow guidelines for nuclear transfers and for transfers of nuclear-related dual-use equipment, materials, software, and technology.
(10) "Nuclear weapon" and "nuclear explosive device" mean any device built to instantly release more nuclear energy than one pound of TNT would release.
(11) "Process" includes "reprocess."
(12) "Reprocessing" and "reprocess" mean separating irradiated nuclear material and fission products out of spent nuclear fuel.
(13) "Sensitive nuclear technology" means non-public information — including information built into a nuclear plant or a key part of one — that matters for designing, building, making, running, or maintaining a uranium enrichment plant, a nuclear fuel reprocessing plant, or a heavy water production plant.
(14) "Source material" has the meaning given in section 2014(z) of title 42.
(15) "Special nuclear material" has the meaning given in section 2014(aa) of title 42.
(16) "Unsafeguarded nuclear fuel-cycle activity" means research, development, design, building, running, or maintaining: an existing or future reactor, critical facility, conversion plant, fabrication plant, reprocessing plant, isotope-separation plant, or storage site that holds source or special nuclear material and isn't required to accept IAEA safeguards (A); or an existing or future heavy-water plant that isn't required to accept IAEA safeguards on any nuclear material made or used with heavy water it produces (B).
In this chapter:
The term “Additional Protocol” means a protocol additional to a safeguards agreement with the IAEA, as negotiated between a country and the IAEA based on a Model Additional Protocol as set forth in IAEA information circular (INFCIRC) 540.
The term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.
The term “dual-use material, equipment, or technology” means material, equipment, or technology that may be used in nuclear or nonnuclear applications.
The term “IAEA safeguards” has the meaning given the term in section 6305(3) of this title.
The term “Indian person” means—
a natural person that is a citizen of India or is subject to the jurisdiction of the Government of India;
a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of India or has its principal place of business in India; and
any Indian governmental entity, including any governmental entity operating as a business enterprise.
The terms “Missile Technology Control Regime”, “MTCR”, and “MTCR adherent” have the meanings given the terms in section 2797c of this title.
The term “nuclear materials and equipment” means source material, special nuclear material, production and utilization facilities and any components thereof, and any other items or materials that are determined to have significance for nuclear explosive purposes pursuant to subsection 1 2139(b) of title 42.
The terms “Nuclear Non-Proliferation Treaty” and “NPT” mean the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483).
The terms “Nuclear Suppliers Group” and “NSG” refer to a group, which met initially in 1975 and has met at least annually since 1992, of Participating Governments that have promulgated and agreed to adhere to Guidelines for Nuclear Transfers (currently IAEA INFCIRC/254/Rev.8/Part 1) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology (currently IAEA INFCIRC/254/Rev.7/Part 2).
The terms “nuclear weapon” and “nuclear explosive device” mean any device designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT).
The term “process” includes the term “reprocess”.
The terms “reprocessing” and “reprocess” refer to the separation of irradiated nuclear materials and fission products from spent nuclear fuel.
The term “sensitive nuclear technology” means any information, including information incorporated in a production or utilization facility or important component part thereof, that is not available to the public and which is important to the design, construction, fabrication, operation, or maintenance of a uranium enrichment or nuclear fuel reprocessing facility or a facility for the production of heavy water.
The term “source material” has the meaning given the term in section 2014(z) of title 42.
The term “special nuclear material” has the meaning given the term in section 2014(aa) of title 42.
The term “unsafeguarded nuclear fuel-cycle activity” means research on, or development, design, manufacture, construction, operation, or maintenance of—
any existing or future reactor, critical facility, conversion plant, fabrication plant, reprocessing plant, plant for the separation of isotopes of source or special fissionable material, or separate storage installation with respect to which there is no obligation to accept IAEA safeguards at the relevant reactor, facility, plant, or installation that contains source or special fissionable material; or
any existing or future heavy water production plant with respect to which there is no obligation to accept IAEA safeguards on any nuclear material produced by or used in connection with any heavy water produced therefrom.
Source credit: (Pub. L. 109–401, title I, § 110, Dec. 18, 2006, 120 Stat. 2739.)
- 2006Enacted · Pub. L. 109-401 · 120 Stat. 2739
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-401 on 2006-12-18.
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