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Exclusions. 42 U.S.C. sec. 2140.

stance, or item which is so determined by the Com shall be exported unless the Commission issues a g or specific license for its export after finding, base reasonable judgment of the assurances provided and information available to the Federal Government, i ing the Commission, that the following criteria or equivalent are met: (1) IAEA safeguards as requir Article III (2) of the Treaty will be applied with re to such component, substance, or item; (2) no such ponent, substance, or item will be used for any nuclea plosive device or for research on or development of nuclear explosive device; and (3) no such compor substance, or item will be retransferred to the jurisdic of any other nation or group of nations unless the pr consent of the United States is obtained for such retr fer; and after determining in writing that the issuance each such general or specific license or category of licen will not be inimical to the common defense and securi Provided, That a specific license shall not be required: an export pursuant to this section if the component, it or substance is covered by a facility license issued p suant to section 126 of this Act.

"c. The Commission shall not issue an export licens under the authority of subsection b. if it is advised b the executive branch, in accordance with the procedure established under subsection 126 a., that the export woul be inimical to the common defense and security of the United States.80

"SEC. 110. EXCLUSIONS.-Nothing in this chapter shall be deemed

"a. to require a license for (1) the processing fabricating, or refining of special nuclear material, or the separation of special nuclear material, or the separation of special nuclear material from other substances, under contract with and for the account of the Commission; or (2) the construction or operation of facilities under contract with and for the account of the Commission; or

80 Public Law 95-242 (92 Stat. 141) (1978), sec. 309 (a), amended sec. 109 by substituting a complete new sec. 109. Before amendment, sec. 109 read as follows: "SEC. 109. COMPONENT PARTS OF FACILITIES.-With respect to those utilization and production facilities which are so determined by the Commission pursuant to subsection 11 v. (2)** or 11 cc. (2)† the Commission may (a) issue general licenses for activities required to be licensed under section 101, if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security, and (b) issue licenses for the export of such facilities, if the Commission determines in writing that each export will not constitute an unreasonable risk to the common defense and security.".

**Amended by Public Law 89-645 (80 Stat. 891) (1966), sec. 1. Prior to amendment, reference was to "11 t. (2)". Earlier. Public Law 87-615 (76 Stat. 409) (1962), sec. 9, had amended the reference. Prior to this amendment the reference was to "11 p. (2)".

Amended by Public Law 89-645 (80 Stat. 891) (1966), sec. 1. Prior to amendment, reference was to "11 aa (2)". Earlier, Public Law 87-615 (76 Stat. 409) (1962), sec. 9, had amended the reference. Prior to this amendment the reference was to "11 v. (2)”.

"b. to require a license for the manufacture, production, or acquisition by the Department of Defense of any utilization facility authorized pursuant to section 91, or for the use of such facility by the Department of Defense or a contractor thereof.

"SEC. 111. DISTRIBUTION BY THE DEPARTMENT OF ENERGY.

"a. The Nuclear Regulatory Commission is authorized 42 U.S.C. 2141. to license the distribution of special nuclear material,

source material, and byproduct material by the Depart- Supra. ment of Energy, pursuant to section 54, 64, and 82 of this 42 U.S.C. 2112. Act, respectively, in accordance with the same procedures established by law for the export licensing of such material by any person: Provided, That nothing in this section shall require the licensing of the distribution of byproduct material by the Department of Energy under section 82 of this Act.

"b. The Department of Energy shall not distribute any special nuclear material or source material under section 54 or 64 of this Act other than under an export license issued by the Nuclear Regulatory Commission until (1) the Department has obtained the concurrence of the Department of State and has consulted with the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission, and the Department of Defense under mutually agreed procedures which shall be established within not more than ninety days after the date of enactment of this provision and (2) the Department finds based on a reasonable judgment of the assurances provided and the information available to the United States Government, that the criteria in section 127 of this Act or their equivalent and any applicable criteria in subsection 128 are met, and that the proposed distribution would not Post, p. 136. be inimical to the common defense and security.81

"CHAPTER 11. INTERNATIONAL ACTIVITIES

"SEC. 121. EFFECT OF INTERNATIONAL ARRANGEMENTS.-Any provision of this Act or any action of the Commission to the extent and during the time that it conflicts with the provisions of any international arrangements made after the date of enactment of this Act shall be deemed to be of no force or effect.

Post, p. 137.

Effect of

international arrangements.

42 USC.

sec. 2151.

Policies contained in

arrangements.

"SEC. 122. POLICIES CONTAINED IN INTERNATIONAL ARRANGEMENTS. In the performance of its functions under international this Act, the Commission shall give maximum effect to 42 U.S.C. the policies contained in any international arrangement made after the date of enactment of this Act.

"SEC. 123. COOPERATION WITH OTHER NATIONS."No cooperation with any nation, group of nations or

61 Public Law 95-242 (92 Stat. 125) (1978), sec. 301 (c), added sec. 111.

Bec. 2152.

12U.S.C.2073, regional defense organization pursuant to sect 54 a., 57, 64, 82, 91, 103, 104, or 144 shall be unde until

2074, 2077, 2094, 2112, 2121, 2133, 2134, 2164. Cooperative agreements, submittal to President. Contents.

"a. the proposed agreement for cooperation ha submitted to the President, which proposed agres shall include the terms, conditions, duration, natur scope of the cooperation; and shall include the folk requirements:

"(1) a guaranty by the cooperating party safeguards as set forth in the agreement for co ation will be maintained with respect to all nu materials and equipment transferred purs thereto, and with respect to all special nuclear. terial used in or produced through the use of nuclear materials and equipment, so long as the terial or equipment remains under the jurisdic or control of the cooperating party, irrespective the duration of other provisions in the agreem or whether the agreement is terminated or suspend for any reason;

"(2) in the case of non-nuclear-weapon states. requirement, as a condition of continued Unit States nuclear supply under the agreement for c operation, that IAEA safeguards be maintain with respect to all nuclear materials in all peacef nuclear activities within the territory of such state under its jurisdiction, or carried out under its co trol anywhere;

"(3) except in the case of those agreements fo: cooperation arranged pursuant to subsection 91 c. a guaranty by the cooperating party that no nuclear materials and equipment or sensitive nuclear technology to be transferred pursuant to such agree ment, and no special nuclear material produced through the use of any nuclear materials and equipment or sensitive nuclear technology transferred pursuant to such agreement, will be used for any nuclear explosive device, or for research on or development of any nuclear explosive device, or for any other military purpose;

"(4) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c. and agreements for cooperation with nuclearweapon states, a stipulation that the United States shall have the right to require the return of any nuclear materials and equipment transferred pursuant thereto and any special nuclear material produced through the use thereof if the cooperating party detonates a nuclear explosive device or terminates or abrogates an agreement providing for IAEA safeguards;

"(5) a guaranty by the cooperating party that any material or any Restricted Data transferred

pursuant to the agreement for cooperation and, except in the case of agreements arranged pursuant to subsection 91 c., 144 b. or 144 c., any production or utilization facility transferred pursuant to the agreement for cooperation or any special nuclear material produced through the use of any such facility or through the use of any material transferred pursuant to the agreement, will not be transferred to unauthorized persons or beyond the jurisdiction or control of the cooperating party without the consent of the United States;

66

(6) a guaranty by the cooperating party that adequate physical security will be maintained with respect to any nuclear material transferred pursuant to such agreement and with respect to any special nuclear material used in or produced through the use of any material, production facility, or utilization facility transferred pursuant to such agreement;

"(7) except in the case of agreements for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c., a guaranty by the cooperating party that no material transferred pursuant to the agreement for cooperation and no material used in or produced. through the use of any material, production facility, or utilization facility transferred pursuant to the agreement for cooperation will be reprocessed, enriched or (in the case of plutonium, uranium 233, or uranium enriched to greater than twenty percent in the isotope 235, or other nuclear materials which have been irradiated) otherwise altered in form or content without the prior approval of the United States;

"(8) except in the case of agreements for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c., a guaranty by the cooperating party that no plutonium, no uranium 233, and no uranium enriched to greater than twenty percent in the isotope 235, transferred pursuant to the agreement for cooperation, or recovered from any source or special nuclear material so transferred or from any source or special nuclear material used in any production. facility or utilization facility transferred pursuant to the agreement for cooperation, will be stored in any facility that has not been approved in advance by the United States; and

"(9) except in the case of agreements for cooperation arranged pursuant to subsection 91 c., 144 b. or 144 c., a guaranty by the cooperating party that any special nuclear material, production facility, or utilization facility produced or constructed under the jurisdiction of the cooperating party by or through the use of any sensitive nuclear technology trans

42 U.S.C. 2121, 2164.

Agreement requirements Presidential exemptions.

Proposed

cooperation agreements,

submittal to President. Nuclear

Proliferation

Assessment

Statement,
submitted to
President.
42 U.S.C. 2121,
2164.

Submittal to congressional committees.

Ante, p. 139.

ferred pursuant to such agreement for coopera
will be subject to all the requirements specified
this subsection.

The President may exempt a proposed agreement i
cooperation (except an agreement arranged pursuant
subsection 91 c., 144 b., or 144 c.) from any of the requir
ments of the foregoing sentence if he determines that
clusion of any such requirement would be seriously pre
udicial to the achievement of United States non-pr
liferation objectives or otherwise jeopardize the comm
defense and security. Except in the case of those agr
ments for cooperation arranged pursuant to subsection
c., 144 b., or 144 c., any proposed agreement for cooper
tion shall be negotiated by the Secretary of State, wit
the technical assistance and concurrence of the Secretar
of Energy and in consultation with the Director of the
Arms Control and Disarmament Agency ('the Direc
tor'); and after consultation with the Commission shal
be submitted to the President jointly by the Secretary
of State and the Secretary of Energy accompanied by the
views and recommendations of the Secretary of State, the
Secretary of Energy, the Nuclear Regulatory Commis-
sion, and the Director, who shall also provide to the
President an unclassified Nuclear Proliferation Assess-
ment Statement regarding the adequacy of the safe-
guards and other control mechanisms and the peaceful
use assurances contained in the agreement for cooper-
ation to ensure that any assistance furnished thereunder
will not be used to further any military or nuclear ex-
plosive purpose. In the case of those agreements for co-
operation arranged pursuant to subsection 91 c., 144 b., or
144 c., any proposed agreement for cooperation shall be
submitted to the President by the Secretary of Energy
or, in the case of those agreements for cooperation ar-
ranged pursuant to subsection 91 c. or 144 b. which are to
be implemented by the Department of Defense, by the
Secretary of Defense;

"b. the President has approved and authorized the execution of the proposed agreement for cooperation and has made a determination in writing that the performance of the proposed agreement will promote, and will not constitute an unreasonable risk to, the common defense and security;

"c. the proposed agreement for cooperation (if not an agreement subject to subsection d.), together with the approval and determination of the President, has been submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate for a period of thirty days of continuous session (as defined in subsection 130 g.): Provided, however, That these committees, after having received such agreement for cooperation, may by

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