Memorandum for the Secretary of State [and] the Secretary of Energy

President Bush approved the U.S.-India nuclear cooperation agreement, waiving several Atomic Energy Act restrictions that normally apply to non-NPT states. The determination certifies India met seven statutory conditions under the 2006 Hyde Act, enabling civilian nuclear trade with India despite its nuclear weapons status.

Federal Register Open PDF 73 FR 54287

Impact dates

Date TBD
Secretary of State to publish determination in Federal Register

Key directives

Approve proposed U.S.-India nuclear cooperation agreement
Authorize Secretary of State to arrange for agreement execution
Exempt agreement from section 123 a.(2) requirement
Waive section 128 of Atomic Energy Act for exports to India
Waive subsection 129 a.(1)(D) for India
Waive section 129 regarding pre-July 18, 2005 actions
Direct Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

Agreement approved and authorized for execution
Statutory waivers take effect
Secretary of State directed to publish in Federal Register

Near term (90d)

Secretary of State to arrange execution of agreement

Long term

Implementation of civilian nuclear trade with India
IAEA safeguards application to Indian civil facilities
Potential conclusion of Additional Protocol
India's adherence to MTCR and NSG

Risks & tensions

Nonproliferation tension: Waivers weaken standard U.S. legal barriers for nuclear trade with non-NPT weapon state
Condition 3 vagueness: 'Making substantial progress' toward Additional Protocol leaves compliance standard unclear
Congressional oversight risk: Hyde Act conditions are presidential determinations without independent verification mechanism specified
NSG consensus condition (7) was prerequisite but document does not confirm timing of that decision relative to signing