Does the NSG decision reflect the same kinds of conditions on trade that the Hyde Act and other U.S. law contain?
No. U.S. firms will experience at least two disadvantages because of the lack of conditions in the NSG waiver. First, Section 129 of the Atomic Energy Act requires a cutoff in exports if a non-nuclear weapon state recipient tests a nuclear device. A presidential waiver is possible, but would not take effect for at least 60 days, and Congress could vote against the waiver. So if India tests another nuclear weapon, U.S. exports would be cut off, while those of other countries could continue. Second, any U.S. exports of enrichment or reprocessing-related transfers to India are allowed only if the end-user is a multinational facility participating in an IAEA-approved program or a facility participating in a bilateral or multinational program to develop a proliferation-resistant fuel cycle. The NSG guidelines contain no such conditions. The decision refers to paragraph 6 of the guidelines, which states that “If enrichment or reprocessing facilities, equipment or technology are to be transfe
No. U.S. firms will experience at least two disadvantages because of the lack of conditions in the NSG waiver. First, Section 129 of the Atomic Energy Act requires a cutoff in exports if a non-nuclear weapon state recipient tests a nuclear device. A presidential waiver is possible, but would not take effect for at least 60 days, and Congress could vote against the waiver. So if India tests another nuclear weapon, U.S. exports would be cut off, while those of other countries could continue. Second, any U.S. exports of enrichment or reprocessing-related transfers to India are allowed only if the end-user is a multinational facility participating in an IAEA-approved program or a facility participating in a bilateral or multinational program to develop a proliferation-resistant fuel cycle. The NSG guidelines contain no such conditions. The decision refers to paragraph 6 of the guidelines, which states that “If enrichment or reprocessing facilities, equipment or technology are to be transfe
