India Civil Nuclear Agreement

India Civil Nuclear Agreement

Growing concerns about nuclear safety have diverted industrialized countries from their long dependence on nuclear energy. However, for developing countries such as India, the choice between one energy source and another is not so easy, given the growing demand for energy and the persistent challenges for development. Priority should therefore be given to the development of safe mechanisms for the use of nuclear energy. 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. Cooperation on the peaceful use of nuclear energy has been an important pillar of this partnership. Russia remained India`s main partner and assisted India on several critical points, including after the 1974 and 1998 nuclear tests. After the creation of the NSG – which limited India`s nuclear development ambitions due to sanctions and technological restrictions – the Soviet Union was the only country to support India in its civilian nuclear program. Since at least 2014, Congress has been considering updating the Nuclear Energy Act to reflect more modern U.S.

non-proliferation strategies and priorities, including the requirement for stricter security measures and guarantees that the cooperating country will guarantee the peaceful use of any transferred nuclear technology by declaring itself prepared to forego enrichment and reprocessing activities. Finally, a group of bipartisan lawmakers was prompted to act because of concerns that the Trump administration had failed to faithfully exercise its statutory power by failing to conscientiously inform Congress of its nuclear negotiations.

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