[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Presidential Documents]
[Pages 54287-54288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21978]
Presidential Documents
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 54287]]
Presidential Determination No. 2008-26 of September 10,
2008
Memorandum for the Secretary of State [and] the
Secretary of Energy
Proposed Agreement for Cooperation Between the
Government of the United States of America and the
Government of India Concerning Peaceful Uses of Nuclear
Energy
I have considered the Proposed Agreement for
Cooperation Between the Government of the United States
of America and the Government of India Concerning
Peaceful Uses of Nuclear Energy, along with the views,
recommendations, and statements of interested agencies.
I have determined that the performance of the Agreement
will promote, and will not constitute an unreasonable
risk to, the common defense and security. Pursuant to
section 123 b. of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2153(B)), I hereby approve the
proposed agreement and authorize the Secretary of State
to arrange for its execution.
In addition, pursuant to the authority vested in me by
the Constitution and the laws of the United States of
America, including the Henry J. Hyde United States-
India Peaceful Atomic Energy Cooperation Act of 2006
(Public Law 109-401), I hereby determine that:
1. India has provided the United States and the IAEA
with a credible plan to separate civil and military
nuclear facilities, materials, and programs, and has
filed a declaration regarding its civil facilities and
materials with the IAEA;
2. India and the IAEA have concluded all legal steps
required prior to signature by the parties of an
agreement requiring the application of IAEA safeguards
in perpetuity in accordance with IAEA standards,
principles, and practices (including IAEA Board of
Governors Document GOV/1621 (1973)) to India's civil
nuclear facilities, materials, and programs as declared
in the plan described in paragraph (1), including
materials used in or produced through the use of
India's civil nuclear facilities;
3. India and the IAEA are making substantial progress
toward concluding an Additional Protocol consistent
with IAEA principles, practices, and policies that
would apply to India's civil nuclear program;
4. India is working actively with the United States for
the early conclusion of a multilateral treaty on the
cessation of the production of fissile materials for
use in nuclear weapons or other nuclear explosive
devices;
5. India is working with and supporting United States
and international efforts to prevent the spread of
enrichment and reprocessing technology to any state
that does not already possess full-scale, functioning
enrichment or reprocessing plants;
6. India is taking the necessary steps to secure
nuclear and other sensitive materials and technology,
including through (A) the enactment and effective
enforcement of comprehensive export control legislation
and regulations; (B) harmonization of its export
control laws, regulations, policies, and practices with
the guidelines and practices of the Missile Technology
Control Regime (MTCR) and the Nuclear Suppliers Group
(NSG); and (C) adherence to the MTCR and the NSG in
accordance with the procedures of those regimes for
unilateral adherence; and
[[Page 54288]]
7. The NSG has decided by consensus to permit supply to
India of nuclear items covered by the guidelines of the
NSG.
I therefore hereby (1) exempt the proposed Agreement
for Cooperation Between the Government of the United
States of America and the Government of India
Concerning Peaceful Uses of Nuclear Energy arranged
pursuant to section 123 of the Atomic Energy Act of
1954 (42 U.S.C. 2153) from the requirement of
subsection 123 a.(2) of such section; (2) waive the
application of section 128 of the Atomic Energy Act of
1954 (42 U.S.C. 2157) with respect to exports to India;
and (3) waive with respect to India the application of:
(A) subsection 129 a.(1)(D) of the Atomic Energy Act of
1954 (42 U.S.C. 2158(a)(1)(D)); and
(B) section 129 of the Atomic Energy Act of 1954 (42
U.S.C. 2158) regarding any actions that occurred before
July 18, 2005.
The Secretary of State is authorized and directed to
publish this determination in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, September 10, 2008
[FR Doc. E8-21978
Filed 9-17-08; 8:45 am]
Billing code 4710-10-P