Future of the Nuclear Security Environment in 2015 Proceedings of a Russian-U.S. Workshop (2009) / Chapter Skim
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MAXIMIZING U.S.-RUSSIAN NUCLEAR SECURITY COOPERATION IN 2015: LEGAL OBSTACLES AND OPPORTUNITIES
MAXIMIZING U.S.-RUSSIAN NUCLEAR SECURITY COOPERATION IN 2015: LEGAL OBSTACLES AND OPPORTUNITIES
Pages 203-214
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The second part of this paper will discuss other critical legal issues relevant to the future of U.S.-Russian cooperation on international nuclear security. These include legal issues related to nuclear material security and arms control.
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cooperation in the field of peaceful use of nuclear energy and expect this document to be signed and brought into force in accordance with existing legal requirements."284 The U.S.-Russian 123 Agreement was signed on May 6, 2008285 and transmitted to Congress on May 12, 2008286 for the requisite statutory review period. The following sections will describe the requirements of section 123, summarize the agreement's current status, and provide an overview of the types of cooperative projects that would be made possible by entry into force of such an agreement.
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Section 123 provides that an agreement for peaceful nuclear cooperation must be approved by the Secretary of Energy and the Secretary of State, following consultation with the Nuclear Regulatory Commission, and must thereafter be approved by the President, who must make certain statutory determinations and authorize execution of the agreement. The President must submit an agreement for cooperation to Congress for a statutory review period of 90 days continuous session, as specially defined for this purpose at section 130(g)
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In response, Congress passed Public Law 99-183, the Joint Resolution Relating to the Approval and Implementation of the Proposed Agreement for Nuclear Cooperation Between the United States and the People's Republic of China, enacted on December 16, 1985, which required a Presidential certification and a report followed by an additional waiting period before the agreement could be implemented. After the 1989 Tiananmen crackdown, Congress imposed sanctions in Public Law 101-246, the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991, enacted on February 16, 1990, which suspended nuclear cooperation with China and required an additional Presidential certification on the People's Republic of China nuclear nonproliferation assurances.
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the Russian Federation; and (b) any other country determined by the President to be assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran." H.R.
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In October 2007, Senator Richard Lugar called for a new "package of agreements designed to make progress on the non-proliferation, nuclear energy, arms control and missile defense fronts."296 The following, derived from various sources, is a compendium of potential legal agreements and other key legal issues, in addition to the pending 123 Agreement, which are relevant to future U.S.-Russian cooperation on international nuclear security. 294 For further information about the U.S.
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Sustainability of U.S.-Funded Security Upgrades. The February 2007 GAO report stated that "during our visit to Russia, officials at three of the four civilian nuclear research institutes we visited told us that they are concerned about their sites' financial ability to maintain 297 Government Accountability Office, Progress Made in Improving Security at Russian Nuclear Sites, but the Long-term Sustainability of U.S.-Funded Security Upgrades is Uncertain (2007)
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1 of the Bob Stump National Defense Authorization Act of 2003, Congress directed as follows: "The Secretary of Energy shall work cooperatively with the Russian Federation to develop, as soon as practicable but no later than January 1, 2013, a sustainable nuclear materials protection, control, and accounting system for the nuclear materials of the Russian Federation that is supported solely by the Russian Federation." 303 National Nuclear Security Administration, U.S. & Russia Agree to Sustain Security Upgrades at Nuclear Material Facilities: Agreement Helps to Ensure that U.S.
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Several legal issues currently stand as obstacles to implementation of the U.S.-Russian Agreement Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defense Purposes and Related Cooperation (PMDA) , signed in September 2000, which provides for cooperation between the two countries to convert 34 metric tons each of excess weapon-grade plutonium into forms unusable for weapons.309 The PMDA does not contain liability protections but rather provides that the parties "shall continue negotiations on liability provisions to apply to all claims that may arise from activities undertaken pursuant to the Agreement and shall seek to conclude an agreement in writing containing such provisions at the earliest practicable date."310 On September 15, 2006, the two countries signed a protocol designed to provide a framework for resolving liability issues.311 However, while the PMDA is currently being provisionally applied by the Russian government pending ratification by the Duma, the Russian Foreign Ministry has advised that the liability protocol has neither been ratified by the Duma nor can it be provisionally applied.
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Bodman and Russian Federal Atomic Energy Agency Director Sergei Kirienko signed a joint statement outlining a revised plan to dispose of 34 metric tons of surplus plutonium from Russia's weapons program.314 The revisions have been characterized as designed to maximize technical and financial viability and more closely align Russian plutonium disposition with Russia's national energy strategy. The joint statement commits the two sides to negotiating amendment of the PMDA to reflect the revised plan.315 As of March 2008, the U.S.
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Legal Issues Related to Arms Control Strategic Offensive Reductions Treaty Expiration in 2012. The Strategic Offensive Reductions Treaty (SORT)
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