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22 U.S.C. § 8002 — Statements of policy

submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 791 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states United States policies on nuclear proliferation, NSG controls, South Asian fissile material, India’s safeguards and nonproliferation commitments, and limits on nuclear cooperation.

(a) General policy. The United States should: (1) oppose any non-nuclear-weapon State's development of a nuclear-weapons production capability, whether inside or outside the NPT; (2) encourage NPT States Parties to read Article IV's peaceful-nuclear-energy right as limited by the NPT's purpose of preventing nuclear weapons and capabilities, including by ending nuclear cooperation with a State Party the IAEA finds not fully compliant with its NPT and safeguards duties; (3) act consistently with NSG nuclear-transfer and nuclear-related dual-use guidelines, related decisions, and NSG decision rules and practices; (4) strengthen NSG consultation rules by requiring a timely, coordinated member response to violations of supplier-recipient understandings, including ending transfers to the involved recipient, and discouraging individual members from continuing cooperation until a coordinated consensus is reached; (5) work with NSG members to further restrict transfers of sensitive uranium-enrichment, spent-fuel-reprocessing, and heavy-water equipment and technology, including to India; and (6) seek to stop transfers of nuclear equipment, materials, or technology to a country from NSG governments or other sources if transfers to that country are suspended or ended under this chapter, the Atomic Energy Act of 1954, or another U.S. law.

(b) South Asia. United States policy should: (1) obtain promptly a moratorium by India, Pakistan, and China on producing fissile material for nuclear explosives; (2) obtain promptly a treaty banning fissile-material production for nuclear weapons, joined by both the United States and India; (3) secure India's (A) full participation in the Proliferation Security Initiative, (B) formal commitment to its Statement of Interdiction Principles, (C) public announcement that its export controls will conform to the Australia Group and Wassenaar Arrangement guidelines, procedures, criteria, and control lists, (D) satisfactory progress toward that decision, and (E) ratification of or accession to the 1997 Vienna Convention on Supplementary Compensation for Nuclear Damage; (4) secure India's full, active participation in United States efforts to dissuade, isolate, and if needed sanction and contain Iran for seeking mass-destruction weapons, nuclear capability, uranium enrichment or fuel reprocessing, and delivery means; (5) seek to stop South Asian nuclear arsenals from growing and promote reduction and eventual elimination; (6) ensure India-generated spent fuel is not transferred to the United States except through the congressional review required by section 131 f. of the 1954 Atomic Energy Act; (7) until the moratorium or treaty in paragraphs (1) or (2) is implemented, encourage India not to increase fissile production at unsafeguarded facilities; (8) ensure India's IAEA safeguards agreement or Additional Protocol can reliably safeguard nuclear materials and equipment exported or reexported to India; (9) ensure an India cooperation agreement under section 123 of the 1954 Act meets the requirements in that section's subsections a.(1) and a.(3)–(9); and (10) state that any nuclear power reactor fuel reserve provided to the Government of India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The following shall be the policies of the United States:

(1)

Oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state, within or outside of the NPT.

(2)

Encourage States Party to the NPT to interpret the right to “develop research, production and use of nuclear energy for peaceful purposes”, as set forth in Article IV of the NPT, as being a right that applies only to the extent that it is consistent with the object and purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capabilities, including by refraining from all nuclear cooperation with any State Party that the International Atomic Energy Agency (IAEA) determines is not in full compliance with its NPT obligations, including its safeguards obligations.

(3)

Act in a manner fully consistent with the Guidelines for Nuclear Transfers and the Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Materials, Software and Related Technology developed by the NSG, and decisions related to the those 1 guidelines, and the rules and practices regarding NSG decisionmaking.

(4)

Strengthen the NSG guidelines and decisions concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response by NSG members to all such violations, including termination of nuclear transfers to an involved recipient, that discourages individual NSG members from continuing cooperation with such recipient until such time as a consensus regarding a coordinated response has been achieved.

(5)

Given the special sensitivity of equipment and technologies related to the enrichment of uranium, the reprocessing of spent nuclear fuel, and the production of heavy water, work with members of the NSG, individually and collectively, to further restrict the transfers of such equipment and technologies, including to India.

(6)

Seek to prevent the transfer to a country of nuclear equipment, materials, or technology from other participating governments in the NSG or from any other source if nuclear transfers to that country are suspended or terminated pursuant to this chapter, the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or any other United States law.

(b) With respect to South Asia

The following shall be the policies of the United States with respect to South Asia:

(1)

Achieve, at the earliest possible date, a moratorium on the production of fissile material for nuclear explosive purposes by India, Pakistan, and the People’s Republic of China.

(2)

Achieve, at the earliest possible date, the conclusion and implementation of a treaty banning the production of fissile material for nuclear weapons to which both the United States and India become parties.

(3)

Secure India’s—

(A)

full participation in the Proliferation Security Initiative;

(B)

formal commitment to the Statement of Interdiction Principles of such Initiative;

(C)

public announcement of its decision to conform its export control laws, regulations, and policies with the Australia Group and with the Guidelines, Procedures, Criteria, and Control Lists of the Wassenaar Arrangement;

(D)

demonstration of satisfactory progress toward implementing the decision described in subparagraph (C); and

(E)

ratification of or accession to the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997.

(4)

Secure India’s full and active participation in United States efforts to dissuade, isolate, and, if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability and the capability to enrich uranium or reprocess nuclear fuel, and the means to deliver weapons of mass destruction.

(5)

Seek to halt the increase of nuclear weapon arsenals in South Asia and to promote their reduction and eventual elimination.

(6)

Ensure that spent fuel generated in India’s civilian nuclear power reactors is not transferred to the United States except pursuant to the Congressional review procedures required under section 131 f. of the Atomic Energy Act of 1954 (42 U.S.C. 2160(f)).

(7)

Pending implementation of the multilateral moratorium described in paragraph (1) or the treaty described in paragraph (2), encourage India not to increase its production of fissile material at unsafeguarded nuclear facilities.

(8)

Ensure that any safeguards agreement or Additional Protocol to which India is a party with the IAEA can reliably safeguard any export or reexport to India of any nuclear materials and equipment.

(9)

Ensure that the text and implementation of any agreement for cooperation with India arranged pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) meet the requirements set forth in subsections a.(1) and a.(3) through a.(9) of such section [42 U.S.C. 2153(a)(1), (3)–(9)].

(10)

Any nuclear power reactor fuel reserve provided to the Government of India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements.

Source credit: (Pub. L. 109–401, title I, § 103, Dec. 18, 2006, 120 Stat. 2727.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-401 · 120 Stat. 2727

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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