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LegalText 42 U.S.C. § 2156 Criteria governing United States nuclear exports us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY 2156 42 U.S.C. § 2156 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s2156 data/legal/raw/us/code/title-42/usc42.xml f5c996c9aadccb5569b7ce486cf01de77d8b454f99a49cf3050fd66e769db54d 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e cbde984638088dfe7d41089f4f1ca96673fec903801be14c164f86e4a8486e68 2026-07-04 official
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42 U.S.C. § 2156 - Criteria governing United States nuclear exports

Text

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, § 127, as added Pub. L. 95242, title III, § 305, Mar. 10, 1978, 92 Stat. 136; renumbered title I, Pub. L. 102486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection 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. 95242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse.

Executive Documents

Performance of Functions Pending Development of ProceduresThe performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, Pub. L. 95242, 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.