IV 

111TH CONGRESS 

1ST SESSION H. RES. 402 

Condemning the transport of nuclear mixed-oxide (MOX) material by ship 

from France to Japan through international waters which endangers 

the marine environment and increases possible risks for destruction and 

likely attacks of such shipments by international pirates and terrorists. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2009 

Mr. FALEOMAVAEGA (for himself and Mr. SMITH of New Jersey) submitted 

the following resolution; which was referred to the Committee on Foreign 

Affairs 

RESOLUTION 

Condemning the transport of nuclear mixed-oxide (MOX) 

material by ship from France to Japan through international waters which endangers the marine environment 

and increases possible risks for destruction and likely 

attacks of such shipments by international pirates and 

terrorists. 

Whereas two ships, the Pacific Pintail and the Pacific Heron, 

on March 6, 2009, departed France bound for Japan 

containing about 1.8 metric tons of plutonium contained 

in mixed-oxide (MOX) fuel; 

Whereas the ships are taking a route via Cape Good Hope 

and the South West Pacific, passing Australia, New Zealand, and several Pacific Islands; 


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•HRES 402 IH 

Whereas MOX is a type of nuclear material as defined by the 

Convention on Physical Protection of Nuclear Material of 

May 1980, and any international shipment therefore requires safety measures in accordance with this convention; 

Whereas MOX is classified as Category 1 material by the 

International Atomic Energy Agency (IAEA), and the 

material therefore must be transported under the most 

stringent security measures; 

Whereas this amount of MOX is estimated to be enough to 

produce 255 nuclear weapons; 

Whereas reprocessing of nuclear material into MOX is not 

taking place in the United States for nonproliferation 

reasons; 

Whereas European-Japanese cooperation of reprocessing nuclear material requires the transport of MOX using international waters; 

Whereas the transport of nuclear MOX materials by ship 

poses a great threat to global security and the environment, the current safety measures are inadequate, and 

the risk of nuclear proliferation is imminent; 

Whereas the exposure to the human body from MOX, containing plutonium and other radioactive compounds, may 

have grave consequences, including cancer, birth defects, 

deformities, and damage to the immune system; 

Whereas the transport is a possible target for terrorist organizations and there is a significant risk of attacks from 

pirates and therefore diversion of the material; 

Whereas the en route countries have not been notified beforehand; 


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•HRES 402 IH 

Whereas all rights of citizens of en route countries must be 

respected and the environment of en route countries must 

be protected; 

Whereas the South Pacific is declared a nuclear weapon free 

zone by the South Pacific Nuclear Free Zone Treaty of 

August 1985, signed by the United States, the United 

Kingdom, France, China, and Russia; 

Whereas the international shipment of nuclear material requires safety measures in accordance with the Nuclear 

Nonproliferation Treaty of July 1968, a treaty which has 

been signed by all permanent members of the United Nations Security Council and 186 other countries; 

Whereas the Nuclear Nonproliferation Treaty obligates such 

parties to accept safeguards to detect diversions of nuclear material from peaceful activities, such as power 

generation, to the production of nuclear weapons or other 

nuclear explosive devices; and 

Whereas the Convention for Suppression of Acts of Nuclear 

Terrorism of April 2005 states that parties of the treaty 

shall make every effort to adopt appropriate measures to 

ensure the protection of nuclear material, taking into account relevant recommendations and functions of the 

International Atomic Energy Agency: Now, therefore, be 

it 

1 Resolved, That the House of Representatives— 

2 (1) condemns the transport of nuclear mixed3 oxide (MOX) materials by ship in international wa4 ters; 

5 (2) encourages the international community to 

6 strengthen procedures for the shipment of especially 


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•HRES 402 IH 

1 nuclear MOX material, thus including actions to no2 tify en route states; 

3 (3) encourages the International Atomic Energy 

4 Agency and the United Nations to prohibit the ship5 ment or transfer of any nuclear waste material 

6 through international waters; and 

7 (4) requests that countries using nuclear power 

8 plants for producing electricity and related commu9 nity needs should store and reprocess the nuclear 

10 waste within their own territorial boundaries so as 

11 not to pose grave danger to the environment and to 

12 other countries. 

Æ 


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