[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]


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  Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / 
Presidential Documents  

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 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