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India Civil Nuclear Agreements

In addition to the specific nuclear safety measures required by the statute, Section 123 requires that nine non-proliferation conditions be met before an agreement can be signed. In particular, the cooperating party must agree to submit all nuclear materials and equipment put in place under certain security conditions that include IAEA safeguards where the country is a non-nuclear-weapon state. The host state must ensure the physical safety of all nuclear materials, ensure that it does not use nuclear explosives testing or other military purposes, that no nuclear material from the United States is enriched or processed, and must ensure that it does not transmit it without authorization to unauthorized persons or outside their jurisdictional control. In addition, the United States reserves the right to demand the return of any nuclear technology from a non-nuclear weapon state in the event of unauthorized military nuclear work or the lifting of IAEA safeguards. The host country must ensure that no plutonium, uranium 233 and no 235 enriched uranium over 20% will be stored in a facility that has not received prior authorization from the United States. Finally, the host country must ensure that any nuclear material or facility it produces or builds as a result of the agreement is subject to all the above requirements. The Nuclear Weapons Spread Act 2019 would require the President to provide Congress with any credible evidence that the cooperating government does not have a program by any kind peaceful or in cases where the cooperating country has violated international standards for the use of weapons of mass destruction. In addition, the bill asks for information on whether the host country has committed to wait for enrichment and reprocessing and whether it has committed to implementing an additional protocol (PA) to the IAEA safeguard agreement. The PA is an endorsement of a country`s protection agreement with the IAEA, which gives the Agency greater authority and freedom of action in carrying out its security and verification mandate. The inclusion of the PA requirement is that it would ensure that a country cooperating with the United States gives the IAEA access and information on all of its nuclear fuel cycle activities. It would allow the IAEA to conduct short-term inspections, conduct additional access visits and collect environmental samples beyond the declared sites where deemed necessary.