§2158 Conduct Resulting in Termination of Nuclear Exports

Summary

It bans sending nuclear materials, nuclear equipment, or sensitive nuclear technology to certain countries. No exports are allowed to any non-nuclear-weapon state that, after March 10, 1978, has detonated a nuclear device, ended or broken IAEA safeguards, seriously violated an IAEA safeguards deal, or done material-related activities that directly help make nuclear explosive devices and has not, in the President’s judgment, shown enough progress to stop. It also blocks exports to any country or group that, after March 10, 1978, seriously broke a U.S. cooperation agreement or the supply terms for nuclear items, helped another state pursue activities directly tied to making nuclear explosive devices and did not show enough progress to stop, or agreed to transfer reprocessing equipment or technology to a non-nuclear-weapon state’s control except in limited international evaluation or later international agreements the United States joins. It also forbids exporting these nuclear items to any country the Secretary of State names as a state sponsor of terrorism. There is an exception for radiation monitors, surveillance gear, seals, cameras, tamper indicators, nuclear detectors, monitoring systems, or 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 may waive the ban for a country if he tells Congress the waiver will not raise the risk that the country will get nuclear weapons, reactors, or weapon parts, and if the country has not, in the preceding 12-month period, willfully helped spread nuclear explosive devices or unsafeguarded nuclear material, has given adequate, verifiable promises to stop supporting international terrorism, the waiver is vital to U.S. national security, or the waiver is essential to prevent or respond to a serious radiological threat to public health and safety.