ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

Certifications Pursuant to Section 104 of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act Regarding the Safeguards Agreement Between India and the International Atomic Energy Agency

Defense & SecurityDefense & SecurityTradeTrade

In simple terms

President Obama certified to Congress that India's safeguards agreement with the International Atomic Energy Agency had entered into force and that India's declared nuclear facilities were consistent with its 2006 Separation Plan, satisfying statutory conditions for U.S.-India civilian nuclear cooperation.

Federal Register Open PDF 75 FR 7337

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 75 FR 7337

    Federal Register PDF

  3. Publication in Federal Register

  4. Determination and certification made

Key directives

  • Certify IAEA safeguards agreement has entered into force
  • Certify India's facility declaration is not materially inconsistent with Separation Plan
  • Publish determination in Federal Register

Who is ordered

What to expect

Immediate

  • Certification transmitted to Congress
  • Determination published in Federal Register

Near term (90d)

—

Long term

  • Enables continued U.S.-India civilian nuclear cooperation
  • Implementation of nuclear trade agreements

Risks & tensions

  • Statutory certification required for nuclear cooperation to proceed; any material inconsistency finding would have blocked cooperation
  • Nonproliferation concerns inherent in U.S.-India nuclear deal given India's non-NPT status
Presidential Determination: Certifications Pursuant to Section 104 of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act Regarding the Safeguards Agreement Between India and the International Atomic Energy Agency · Executive Orders