[Weekly Compilation of Presidential Documents Volume 44, Number 36 (Monday, September 15, 2008)]
[Pages 1194-1195]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on 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

September 10, 2008

 Presidential Determination No. 2008-26

Memorandum for the Secretary of State and the Secretary of Energy

Subject: 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 1195]]

    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.
                                                George W. Bush