Certifications Pursuant to the United States- India Nuclear Cooperation Approval and Nonproliferation Enhancement Act (Public Law 110-369)

President George W. Bush certified to Congress that the U.S.-India nuclear cooperation agreement complies with U.S. non-proliferation obligations under the Nuclear Non-Proliferation Treaty, and stated U.S. policy to work with Nuclear Suppliers Group members to restrict enrichment and reprocessing technology transfers. This determination was required to implement the 123 Agreement for civilian nuclear cooperation with India.

Federal Register Open PDF 73 FR 63841

Impact dates

Oct 27, 2008
Filed for Federal Register publication
Oct 20, 2008
Determination signed and effective

Key directives

Certify that U.S.-India nuclear cooperation agreement is consistent with NPT obligations
Certify U.S. policy to work with Nuclear Suppliers Group to restrict enrichment and reprocessing transfers
Direct Secretary of State to publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Determination takes effect upon signing and Federal Register publication
Secretary of State authorized to publish in Federal Register

Near term (90d)

Implementation of U.S.-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy can proceed
Congressional notification and review processes may follow

Long term

Potential expansion of U.S.-India civilian nuclear trade
Ongoing U.S. diplomatic efforts to strengthen Nuclear Suppliers Group restrictions on enrichment and reprocessing transfers

Risks & tensions

India is not NPT signatory; certification required delicate legal interpretation of 'not in any way to assist, encourage, or induce' nuclear weapons acquisition
Nuclear Suppliers Group consensus on enrichment/reprocessing restrictions remains difficult to achieve
Congressional opposition possible despite prior legislative framework in Public Law 110-369