U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–011 2008

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

THE PRESIDENT OF THE UNITED STATES 

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 NONPROLIFERATION 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 


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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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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. 


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[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 StatesIndia 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. 


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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. 

fi 


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