Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities
(a)
Providedsection 2160 of this titleAnd provided further Except as specifically provided in any agreement for cooperation, no source or special nuclear material hereafter exported from the United States may be enriched after export without the prior approval of the United States for such enrichment: , That the procedures governing such approvals shall be identical to those set forth for the approval of proposed subsequent arrangements under , and any commitments from the recipient which the Secretary of Energy and the Secretary of State deem necessary to ensure that such approval will be obtained prior to such enrichment shall be obtained prior to the submission of the executive branch judgment regarding the export in question and shall be set forth in such submission: , That no source or special nuclear material shall be exported for the purpose of enrichment or reactor fueling to any nation or group of nations which has, after , entered into a new or amended agreement for cooperation with the United States, except pursuant to such agreement.
(b)
In addition to other requirements of law, no major critical component of any uranium enrichment, nuclear fuel reprocessing, or heavy water production facility shall be exported under any agreement for cooperation (except an agreement for cooperation pursuant to section 2121(c), 2164(b), or 2164(c) of this title) unless such agreement for cooperation specifically designates such components as items to be exported pursuant to the agreement for cooperation. For purposes of this subsection, the term “major critical component” means any component part or group of component parts which the President determines to be essential to the operation of a complete uranium enrichment, nuclear fuel reprocessing, or heavy water production facility.
Section was enacted as part of the Nuclear Non-Proliferation Act of 1978, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
section 603(c) of Pub. L. 95–242section 3201 of Title 22Section effective , except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see , set out as a note under , Foreign Relations and Intercourse.
Executive Documents
Delegation of Functions
section 3201 of Title 22Delegation or assignment to Secretary of Energy of function vested in President under subsec. (b) of this section, see section 1(a) of Ex. Ord. No. 12058, , 43 F.R. 20947, set out under , Foreign Relations and Intercourse.
Performance of Functions Pending Development of Procedures
Pub. L. 95–24292 Stat. 120section 3201 of Title 22The performance of functions under the Nuclear Non-Proliferation Act of 1978, , , , not to be delayed pending development of procedures even though as many as 120 days [after ] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, , 43 F.R. 20947, set out under , Foreign Relations and Intercourse.