Page:United States Statutes at Large Volume 92 Part 1.djvu/190

 92 STAT. 136

PUBLIC LAW 95-242—MAR. 10, 1978 CRITERIA GOVERNING UNITED STATES NUCLEAR EXPORTS

SEC. 305. Chapter 11 of the 1954 Act, as amended by section 304, is furtlier amended by adding at the end thereof the following: 42 USC 2156.

"SEC. 127. CRITERIA GOVERNING UNITED STATES NUCLEAR EXPORTS.—

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Ante, p. 131.

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"The United States adopts the following criteria which, in addition to other requirements of law, will govern exports for peaceful nuclear uses from the United States of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology: "(1) IAEA safeguards as required by Article 111(2) of the Treaty will be applied with respect to any such material or facilities proposed to be exported, to any such material or facilities previously exported and subject to the applicable agreement for cooperation, and to any special nuclear material used in or produced through the use thereof. "(2) No such material, facilities, or sensitive nuclear technology proposed to be exported or previously exported and subject to the applicable agreement for cooperation, and no special nuclear material produced through the use of such materials, facilities, or sensitive nuclear technology, will be used for any nuclear explosive device or for research on or development of •. any nuclear explosive device. "(3) Adequate physical security measures will be maintained with respect to such material or facilities proposed to be exported .. and to any special nuclear material used in or produced through the use thereof. Following the effective date of any regulations
 * promulgated by the Commission pursuant to section 304(d) of

the Nuclear Non-Proliferation Act of 1978, physical security . measures shall be deemed adequate if such measures provide a ..; level of protection equivalent to that required by the applicable i(, r regulations. "(4) No such materials, facilities, or sensitive nuclear tech;. nology proposed to be exported, and no special nuclear material produced through the use of such material, will be retransferred
 * to the jurisdiction of any other nation or group of nations unless

the prior approval of the United States is obtained for such </; retransfer! In addition to other requirements of law, the United ! States may approve such retransfer only if the nation or group I; of nations designated to receive such retransfer agrees that it shall be subject to the conditions required by this section. "(5) No such material proposed to be exported and no special nuclear material produced through the use of such material will be reprocessed, and no irradiated fuel elements containing such material removed from a reactor shall be altered in form or content, unless the prior approval of the United States is obtained for such reprocessing or alteration. "(6) No such sensitive nuclear technology shall be exported .. unless the foregoing conditions shall be applied to any nuclear material or equipment which is produced or constructed under the jurisdiction of the recipient nation or group of nations by or through the use of any such exported sensitive nuclear technology,".

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