§2158 Conduct resulting in termination of nuclear exports

Summary

It bans sending nuclear materials, nuclear equipment, or sensitive nuclear technology to certain countries. Countries that are not nuclear-weapon states and that, after March 10, 1978, have set off a nuclear device, stopped or broke international nuclear inspections (IAEA safeguards), seriously broke an IAEA safeguards deal, or were doing things with nuclear material that could help make a bomb and have not shown enough progress to stop, are blocked. Also blocked are countries or groups that, after March 10, 1978, seriously broke a U.S. cooperation deal or the terms under which we gave them material, helped another country do bomb-related nuclear work, or agreed to transfer reprocessing equipment or technology to a non-nuclear-weapon state except for certain international fuel-cycle studies or later international agreements. No federal agency may license or allow exports or transfers of these items to any country the Secretary of State has named as a state sponsor of terrorism. An exception allows exports of radiation monitors, surveillance gear, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, and equipment needed to safely store, move, or remove hazardous materials—unless those items can be used to design or build reactors or weapons. The President can waive the ban for a named sponsor if he certifies to Congress the waiver won’t raise the risk the country will get nuclear weapons, reactors, or weapon parts, and if one of four tests is met (no willful help to proliferators in the prior 12-month period; adequate, verifiable promises to stop supporting terrorism; vital U.S. national security interest; or to deal with a serious radiological hazard threatening public health).