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

Page 2028 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8002 1 So in original. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than six months after the date of the enactment of this Act [Oct. 8, 2008], and every six months thereafter, the President shall transmit to the appropriate congressional commit- tees a report on efforts by the United States pursuant to subsections (a) and (b). ‘‘(2) TERMINATION.—The requirement to transmit the report under paragraph (1) terminates on the date on which the President transmits a report pursuant to such paragraph stating that the objectives in sub- sections (a) and (b) have been achieved. ‘‘SEC. 205. CONFORMING AMENDMENTS. ‘‘[Amended section 2159 of Title 42.]’’ [Functions of President under section 201(b) of Pub. L. 110–369, set out above, delegated to Secretary of En- ergy by Memorandum of President of the United States, May 4, 2010, 75 F.R. 27155.] [Functions of President under section 204(c) of Pub. L. 110–369, set out above, delegated to Secretary of State by Memorandum of President of the United States, Mar. 10, 2010, 75 F.R. 13427.] Executive Documents CERTIFICATIONS PURSUANT TO THE UNITED STATES-INDIA NUCLEAR COOPERATION APPROVAL AND NONPROLIFERA- TION ENHANCEMENT ACT (PUBLIC LAW 110–369) Determination of President of the United States, No. 2009–6, Oct. 20, 2008, 73 F.R. 63841, provided: Memorandum for the Secretary of State Pursuant to section 102(c) and section 204(a) of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act, I hereby certify that: 1. Entry into force and implementation of the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy pursuant to its terms is con- sistent with the obligation of the United States under the Treaty on the Non-Proliferation of Nuclear Weap- ons not in any way to assist, encourage, or induce India to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and 2. It is the policy of the United States to work with members of the Nuclear Suppliers Group, individually and collectively, to agree to further restrict the trans- fers of equipment and technology related to the enrich- ment of uranium and reprocessing of spent nuclear fuel. You are authorized and directed to publish this deter- mination in the Federal Register. GEORGE W. BUSH. Determination of President of the United States, No. 2010–04, Feb. 3, 2010, 75 F.R. 7337, provided: Memorandum for the Secretary of State Pursuant to section 104 of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act (Public Law 110–369), I hereby deter- mine and certify that: 1. The Agreement between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facili- ties, as approved by the Board of Governors of the International Atomic Energy Agency on August 1, 2008 (the ‘‘Safeguards Agreement’’), has entered into force; and 2. The Government of India has filed a declaration of facilities pursuant to paragraph 13 of the Safeguards Agreement that is not materially inconsistent with the facilities and schedule described in paragraph 14 of the Separation Plan presented in the national parliament of India on May 11, 2006, taking into account the later initiation of safeguards than was anticipated in the Separation Plan. You are authorized and directed to publish this deter- mination in the Federal Register. BARACK OBAMA. § 8002. Statements of policy (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 in- terpret the right to ‘‘develop research, produc- tion 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 capa- bilities, including by refraining from all nu- clear cooperation with any State Party that the International Atomic Energy Agency (IAEA) determines is not in full compliance with its NPT obligations, including its safe- guards 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 de- cisionmaking. (4) Strengthen the NSG guidelines and deci- sions concerning consultation by members re- garding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response by NSG mem- bers to all such violations, including termi- nation of nuclear transfers to an involved re- cipient, that discourages individual NSG mem- bers from continuing cooperation with such recipient until such time as a consensus re- garding a coordinated response has been achieved. (5) Given the special sensitivity of equip- ment and technologies related to the enrich- ment of uranium, the reprocessing of spent nu- clear fuel, and the production of heavy water, work with members of the NSG, individually and collectively, to further restrict the trans- fers of such equipment and technologies, in- cluding to India. (6) Seek to prevent the transfer to a country of nuclear equipment, materials, or tech- nology from other participating governments in the NSG or from any other source if nuclear transfers to that country are suspended or ter- minated 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 mate- rial 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 Page 2029 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8003 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 Arrange- ment; (D) demonstration of satisfactory progress toward implementing the decision described in subparagraph (C); and (E) ratification of or accession to the Con- vention on Supplementary Compensation for Nuclear Damage, done at Vienna on Sep- tember 12, 1997. (4) Secure India’s full and active participa- tion in United States efforts to dissuade, iso- late, and, if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capa- bility and the capability to enrich uranium or reprocess nuclear fuel, and the means to de- liver 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 In- dia’s civilian nuclear power reactors is not transferred to the United States except pursu- ant to the Congressional review procedures re- quired under section 131 f. of the Atomic En- ergy Act of 1954 (42 U.S.C. 2160(f)). (7) Pending implementation of the multilat- eral moratorium described in paragraph (1) or the treaty described in paragraph (2), encour- age India not to increase its production of fissile material at unsafeguarded nuclear fa- cilities. (8) Ensure that any safeguards agreement or Additional Protocol to which India is a party with the IAEA can reliably safeguard any ex- port or reexport to India of any nuclear mate- rials 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 re- quirements 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 op- erating requirements. (Pub. L. 109–401, title I, § 103, Dec. 18, 2006, 120 Stat. 2727.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(6), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–401, Dec. 18, 2006, 120 Stat. 2726, which is classified prin- cipally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 8001 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (a)(6), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. § 8003. Waiver authority and congressional ap- proval (a) In general If the President makes the determination de- scribed in subsection (b), the President may— (1) exempt a proposed agreement for co- operation with India arranged pursuant to sec- tion 2153 of title 42 from the requirement of subsection (a)(2) of such section; (2) waive the application of section 2157 of title 42 with respect to exports to India; and (3) waive with respect to India the applica- tion of— (A) section 2158(a)(1)(D) of title 42; and (B) section 2158 of title 42 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 regard- ing 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 applica- tion of IAEA safeguards in perpetuity in ac- cordance with IAEA standards, principles, and practices (including IAEA Board of Governors Document GOV/1621 (1973)) to India’s civil nu- clear facilities, materials, and programs as de- clared in the plan described in paragraph (1), including materials used in or produced through the use of India’s civil nuclear facili- ties. (3) India and the IAEA are making substan- tial progress toward concluding an Additional Protocol consistent with IAEA principles, practices, and policies that would apply to In- dia’s civil nuclear program. (4) India is working actively with the United States for the early conclusion of a multilat- eral 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 pre- vent the spread of enrichment and reprocess- ing technology to any state that does not al- ready possess full-scale, functioning enrich- ment or reprocessing plants. (6) India is taking the necessary steps to se- cure nuclear and other sensitive materials and technology, including through— (A) the enactment and effective enforce- ment of comprehensive export control legis- lation and regulations; (B) harmonization of its export control laws, regulations, policies, and practices