Page:United States Statutes at Large Volume 92 Part 1.djvu/196

 92 STAT. 142

Savings provision. 42 USC 2139 note. Ante, p. 141.

PUBLIC LAW 95-242—MAR. 10, 1978 be, if used for purposes other than those for which the export is intended, of significance for nuclear explosive purposes. Among other things, these procedures shall provide for prior consultations, as required, by the Department of Commerce with the Department of State, the A r m s Control and Disarmament Agency, the Commission, the Department of Energy, and the Department of Defense. (d) The amendments to section 109 of the 1954 Act made by this section shall not affect the approval of exports contracted for prior to November 1, 1977, which are made within one year of the date of enactment of such amendments. TITLE IV—NEGOTIATION O F FURTHER CONTROLS

EXPORT

COOPERATION W I T H OTHER NATIONS

42 USC 2153.

SEC. 401. Section 123 of the 1954 Act is amended to read as follows: " SEC. 123. COOPERATION W I T H OTHER N A T I O N S. —

42 USC 2073, 2074, 2077, 2094, 2112, 2121, 2133, 2134, 2164. Cooperative agreements, submittal to President. Contents.

"No cooperation with any nation, group of nations or regional defense organization pursuant to section 53, 54 a., 57, 64, 82, 91,103,104, or 144 shall be undertaken until— "a. the proposed agreement for cooperation has been submitted to the President, which proposed agreement shall include the terms, conditions, duration, nature, and scope of the cooperation; and shall include the following requirements: " (1) a guaranty by the cooperating party that safeguards as set forth in the agreement for cooperation will be maintained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or produced through the use of such nuclear materials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooperating party, irrespective of the duration of other provisions in the agreement or whether the agreement is terminated or suspended for any reason; " (2) in the case of non-nuclear-weapon states, a requirement, as a condition of continued United States nuclear supply under the agreement for cooperation, that I A E A safeg u a r d s be maintained with respect to all nuclear materials in all peaceful nuclear activities within the territory of such state, under its jurisdiction, or carried out under its control anywhere; " (3) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c, a g u a r a n t y by the cooperating party that no nuclear materials and equipment or sensitive nuclear technology to be transferred pursuant to such agreement, and no special nuclear material produced through the use of any nuclear materials and equipment or sensitive nuclear technology transferred pursuant to such agreement, will be used for any nuclear explosive device, or for research on or development of any nuclear explosive device, or for any other military purpose; " (4) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c. and agreements for cooperation with nuclear-weapon states, a stipulation that the United States shall have the r i g h t to require the r e t u r n

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