May 1, 2007

The 123 Agreement and the Indo-US Nuclear Deal



This was published as Pugwash India Backgrounder in Proliferation and Arms Control, Vol IV, 3, April May 2007. 

What is the 123 Agreement and why is it called so?

The 123 agreement is the proposed agreement for civil nuclear cooperation. It is called the 123 Agreement because in the US Atomic Energy Act, (AEA) 1954 civil nuclear cooperation with other countries is permitted under Section 123. The agreement is the follow-up action by the executive (the President, Secretary of State and the Secretary of Energy in consultation with the Nuclear Regulatory Commission) of an enabling legislation passed by the Congress (in the Indian case this was the Henry J. Hyde Act United States-India peaceful Atomic Energy Cooperation Act of 2006).

The United States has entered into Agreements for Cooperation with the following states or group of states (24 in total): Argentina, Australia, Bangladesh, Brazil, Bulgaria, Canada, China, Colombia, Egypt, European Atomic Energy Community (EURATOM), Indonesia, International Atomic Energy Agency (IAEA), Japan, Kazakhstan, Morocco, Norway, Republic of Korea, Romania, South Africa, Switzerland, Taiwan, Thailand and Ukraine.

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