[House Document 110-155]
[From the U.S. Government Publishing Office]




110th Congress, 2d Session - - - - - - - - - - - - House Document 110-155

 
     A MEMORANDUM OF UNDERSTANDING FOR UNITED STATES-INDIA NUCLEAR 
      COOPERATION APPROVAL AND NON-PROLIFERATION ENHANCEMENT ACT 
                             CERTIFICATIONS

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 A MEMORANDUM OF JUSTIFICATION FOR CERTIFICATIONS PURSUANT TO SECTION 
     102(c) AND SECTION 204(a) OF THE UNITED STATES-INDIA NUCLEAR 
COOPERATION APPROVAL AND NON-PROLIFERATION ENHANCEMENT ACT, PURSUANT TO 
                PUB. L. 110-369, SEC. 102(c) AND 204(a)




  November 19, 2008.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
                                           The White House,
                                      Washington, October 20, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: I am pleased to transmit to the 
Congress the certifications required under section 102(c) and 
section 204(a) of the ``United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act,'' (Public Law 
110-369), and a Memorandum of Justification regarding those 
certifications.
            Sincerely,
                                                    George W. Bush.
  Memorandum of Justification for Certifications Pursuant to Section 
     102(c) and Section 204(a) of the United States-India Nuclear 
       Cooperation Approval and Non-proliferation Enhancement Act

    This memorandum provides the justification for the 
certifications required under Section 102(c) and 204(a) of the 
United States-India Nuclear Cooperation Approval and 
Nonproliferation Enhancement Act of October 8, 2008 (the 
``Act''), in order to bring the United States-India Agreement 
for Peaceful Nuclear Cooperation (the ``Agreement'') into 
force.
    With respect to Section 102(c), the Agreement is fully 
consistent with U.S. obligations under the Treaty of the 
Nonproliferation of Nuclear Weapons (NPT), including our 
obligation under Article I ``not in any way to assist, 
encourage, or otherwise induce'' India to ``manufacture or 
otherwise acquire nuclear weapons or other nuclear explosive 
devices.'' Consistent with Article I, our bilateral agreement 
for peaceful nuclear cooperation with India is limited to 
activities involving safeguarded civil facilities in India. 
Nothing to be provided to India under the Agreement will be 
involved in any stage of the process of manufacturing nuclear 
weapons. The NPT does not treat peaceful nuclear cooperation 
under safeguards as assisting a non-nuclear-weapon state to 
manufacture nuclear weapons. Instead, it establishes a basis 
for NPT parties to engage in nuclear cooperation with 
safeguarded facilities in countries that are not parties to the 
NPT and do not have full-scope safeguards.
    With respect to Section 204(a), it is long-standing U.S. 
policy to restrict transfers of technology related to uranium 
enrichment and reprocessing technology (ENR). In a 2004 speech 
to the National Defense University, President Bush expressed 
the United States Government's policy view that the Nuclear 
Suppliers Group (NSG) should not sell uranium enrichment or 
reprocessing equipment or technology to any state that does not 
already possess full-scale, functioning enrichment or 
reprocessing plants. Since that time, the United States has 
been pursuing, and the NSG members have been actively 
discussing, stricter controls over ENR transfers. We will 
continue our efforts to build on the progress toward consensus 
that has been developing on this issue.
                [Presidential Determination No. 2009-6]

                                           The White House,
                                      Washington, October 20, 2008.
Memorandum for the Secretary of State.
Subject: Certifications Pursuant to the United States-India Nuclear 
        Cooperation Approval and Nonproliferation Enhancement Act 
        (Public Law 110-369).

    Pursuant to section 102(c) and section 204(a) of the United 
States-India Nuclear Cooperation Approval and Nonproliferation 
Enhancement Act, I hereby certify that:
          1. Entry into force and implementation of the United 
        States-India Agreement for Cooperation on Peaceful Uses 
        of Nuclear Energy pursuant to its terms is consistent 
        with the obligation of the United States under the 
        Treaty on the Non-Proliferation of Nuclear Weapons not 
        in any way to assist, encourage, or induce India to 
        manufacture or otherwise acquire nuclear weapons or 
        other nuclear explosive devices; and
          2. It is the policy of the United States to work with 
        members of the Nuclear Suppliers Group, individually 
        and collectively, to agree to further restrict the 
        transfers of equipment and technology related to the 
        enrichment of uranium and reprocessing of spent nuclear 
        fuel.
    You are authorized and directed to publish this 
determination in the Federal Register.

                                                    George W. Bush.
                                           The White House,
                                      Washington, October 20, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: I am pleased to transmit to the 
Congress the certifications required under section 102(c) and 
section 204(a) of the ``United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act,'' (Public Law 
110-369), and a Memorandum of Justification regarding those 
certifications.
            Sincerely,
                                                    George W. Bush.

                                  
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