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22 U.S.C. § 8005 — Inoperability of determination and waivers
Federal law — U.S. Code and appendices · legal_authorities
A determination and any waiver under [section 8003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section8003&num=0&edition=prelim) shall cease to be effective if the President determines that India has detonated a nuclear explosive device after December 18, 2006.
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Source file: Laws/federal/codes/united-states-code/title-22/section-8005-inoperability-of-determination-and-waivers--c25ddff100.md
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Source location: Title 22, Chapter 87, § 8005; chapter-087-united-states-and-india-nuclear-cooperation.md
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A determination and any waiver under [section 8003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section8003&num=0&edition=prelim) shall cease to be effective if the President determines that India has detonated a nuclear explosive device after December 18, 2006.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If the President makes the determination described in subsection (b), the President may—
(1) exempt a proposed agreement for cooperation with India arranged pursuant to [section 2153 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim) from the requirement of subsection (a)(2) of such section;
(2) waive the application of [section 2157 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2157&num=0&edition=prelim) with respect to exports to India; and
(3) waive with respect to India the application of—
(A) [section 2158(a)(1)(D) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2158/a/1/D&num=0&edition=prelim); and
(B) [section 2158 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2158&num=0&edition=prelim) regarding any actions that occurred before July 18, 2005.
**(b) Determination by the President** The determination referred to in subsection (a) is a determination by the President that the following actions have occurred:
(1) India has provided the United States and the IAEA with a credible plan to separate civil and military nuclear facilities, materials, and programs, and has filed a declaration regarding its civil facilities and materials with the IAEA.
(2) India and the IAEA have concluded all legal steps required prior to signature by the parties of an agreement requiring the application of IAEA safeguards in perpetuity in accordance with IAEA standards, principles, and practices (including IAEA Board of Governors Document GOV/1621 (1973)) to India’s civil nuclear facilities, materials, and programs as declared in the plan described in paragraph (1), inclu
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Federal law — U.S. Code and appendices · legal_authorities
Page 2035
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 8007
ment requiring the application of IAEA safeguards in
perpetuity in accordance with IAEA standards, prin-
ciples, and practices (including IAEA Board of Gov-
ernors Document GOV/1621 (1973)) to India’s civil nu-
clear facilities, materials, and programs as declared in
the plan described in paragraph (1), including materials
used in or produced through the use of India’s civil nu-
clear facilities;
3. India and the IAEA are making substantial
progress toward concluding an Additional Protocol con-
sistent with IAEA principles, practices, and policies
that would apply to India’s civil nuclear program;
4. India is working actively with the United States
for the early conclusion of a multilateral treaty on the
cessation of the production of fissile materials for use
in nuclear weapons or other nuclear explosive devices;
5. India is working with and supporting United States
and international efforts to prevent the spread of en-
richment and reprocessing technology to any state that
does not already possess full-scale, functioning enrich-
ment or reprocessing plants;
6. India is taking the necessary steps to secure nu-
clear and other sensitive materials and technology, in-
cluding through (A) the enactment and effective en-
forcement of comprehensive export control legislation
and regulations; (B) harmonization of its export control
laws, regulations, policies, and practices with the
guidelines and practices of the Missile Technology Con-
trol Regime (MTCR) and the Nuclear Suppliers Group
(NSG); and (C) adherence to the MTCR and the NSG in
accordance with the procedures of those regimes for
unilateral adherence; and
7. The NSG has decided by consensus to permit sup-
ply to India of nuclear items c
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