
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2156]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2156. Criteria governing United States nuclear exports

    The United States adopts the following criteria which, in addition 
to other requirements of law, will govern exports for peaceful nuclear 
uses from the United States of source material, special nuclear 
material, production or utilization facilities, and any sensitive 
nuclear technology:
        (1) IAEA safeguards as required by Article III(2) of the Treaty 
    will be applied with respect to any such material or facilities 
    proposed to be exported, to any such material or facilities 
    previously exported and subject to the applicable agreement for 
    cooperation, and to any special nuclear material used in or produced 
    through the use thereof.
        (2) No such material, facilities, or sensitive nuclear 
    technology proposed to be exported or previously exported and 
    subject to the applicable agreement for cooperation, and no special 
    nuclear material produced through the use of such materials, 
    facilities, or sensitive nuclear technology, will be used for any 
    nuclear explosive device or for research on or development of any 
    nuclear explosive device.
        (3) Adequate physical security measures will be maintained with 
    respect to such material or facilities proposed to be exported and 
    to any special nuclear material used in or produced through the use 
    thereof. Following the effective date of any regulations promulgated 
    by the Commission pursuant to section 2156a of this title, physical 
    security measures shall be deemed adequate if such measures provide 
    a level of protection equivalent to that required by the applicable 
    regulations.
        (4) No such materials, facilities, or sensitive nuclear 
    technology proposed to be exported, and no special nuclear material 
    produced through the use of such material, will be retransferred to 
    the jurisdiction of any other nation or group of nations unless the 
    prior approval of the United States is obtained for such retransfer. 
    In addition to other requirements of law, the United States may 
    approve such retransfer only if the nation or group of nations 
    designated to receive such retransfer agrees that it shall be 
    subject to the conditions required by this section.
        (5) No such material proposed to be exported and no special 
    nuclear material produced through the use of such material will be 
    reprocessed, and no irradiated fuel elements containing such 
    material removed from a reactor shall be altered in form or content, 
    unless the prior approval of the United States is obtained for such 
    reprocessing or alteration.
        (6) No such sensitive nuclear technology shall be exported 
    unless the foregoing conditions shall be applied to any nuclear 
    material or equipment which is produced or constructed under the 
    jurisdiction of the recipient nation or group of nations by or 
    through the use of any such exported sensitive nuclear technology.

(Aug. 1, 1946, ch. 724, title I, Sec. 127, as added Pub. L. 95-242, 
title III, Sec. 305, Mar. 10, 1978, 92 Stat. 136; renumbered title I, 
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
2944.)


                             Effective Date

    Section effective Mar. 10, 1978, except as otherwise provided and 
regardless of any requirements for the promulgation of implementing 
regulations, see section 603(c) of Pub. L. 95-242, set out as a note 
under section 3201 of Title 22, Foreign Relations and Intercourse.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.


       Performance of Functions Pending Development of Procedures

    The performance of functions under this chapter, as amended by the 
Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 
Stat. 120, not to be delayed pending development of procedures even 
though as many as 120 days [after Mar. 10, 1978] are allowed for 
establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, 
May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, 
Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in sections 2141, 2153c, 2155, 2156a of 
this title.
