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AUKUS Nuclear Cooperation
On December 1, 2021, President Joseph Biden submitted to
Congress an Agreement among Australia, the United
Kingdom, and the United States for the Exchange of Naval
Nuclear Propulsion Information. This In Focus explains
the agreement's substance, as well as provisions of the
Atomic Energy Act (AEA) of 1954, as amended (P.L. 83-
703; 42 U.S.C. §§2153 et seq.), concerning the content and
congressional review of such agreements.
An accompanying message to Congress explains that the
agreement would permit the three governments to
communicate and exchange Naval Nuclear Propulsion
Information and would provide authorization to share
certain Restricted Data as may be needed during trilateral
discussions concerning a project to develop Australian
nuclear-powered submarines. This project is part of an
enhanced trilateral security partnership named AUKUS,
which the three governments announced on September 15,
2021. The United States has a similar nuclear naval
propulsion arrangement only with the United Kingdom
pursuant to the bilateral 1958 Mutual Defense Agreement.
The partnership's first initiative, according to a September
15 Joint Statement, is an 18-month study to seek an
optimal pathway to deliver this submarine capability to
Australia. This study is to include building on the U.S.
and UK nuclear-powered submarine programs to bring an
Australian capability into service at the earliest achievable
date. The study is in the early stages, according to a
November 2021 non-paper from Australia, the United
Kingdom, and the United States, which adds that [m]any
of the program specifics have yet to be determined.
On March 13, 2023, Australian Prime Minister Anthony N.
Albanese, U.S. President Joe Biden, and British Prime
Minister Rishi Sunak announced a phased approach for
Australian acquisition of a nuclear-powered submarine,
called SSN-AUKUS, which is to be based on a next-
generation British design and incorporate cutting edge
U.S. submarine technologies. SSN-AUKUS will be built
and deployed by both Australia and the United Kingdom,
according to the leaders' statement.
Agreement Detads
The agreement, which the governments signed on
November 22, 2021, permits each party to exchange naval
nuclear propulsion information as is determined to be
necessary to research, develop, design, manufacture,
operate, regulate, and dispose of military reactors. As
noted, this information includes restricted data; the AEA
defines such data to include all data concerning ... the use
of special nuclear material in the production of energy.
The AEA and 10 C.F.R. Part 810.3 define special nuclear
material as plutonium, uranium-233, or enriched uranium.
Updated November 15, 2023
The agreement, which entered into force on February 8,
2022, is to remain in force until December 31, 2023, when
it will automatically extend for four additional periods of
six months each. Any party may terminate its participation
in the agreement with six months written notice. Should any
party abrogate or materially violate the agreement, the other
parties may require the return or destruction of any
transferred data.
The agreement includes provisions to protect transferred
data. For example, no party may communicate any
information governed by the agreement to any
unauthorized persons or beyond the party's jurisdiction
or control. In addition, a recipient party communicating
such information to nationals of a third AUKUS
government must obtain permission from the originating
party. The agreement includes an appendix detailing
security arrangements to protect transferred information.
Related Nudear Cooperaton
Agreemnents
The AEA authorizes and contains requirements for nuclear
cooperation agreements governing both civil and military
applications. The United States has nuclear cooperation
agreements with both Australia and the United Kingdom
that are relevant to the AUKUS agreement. The United
Kingdom is a nuclear-weapon state under the nuclear
Nonproliferation Treaty (NPT); Australia is not a nuclear-
weapon state.
Civil Nuclear Cooperation Agreements
The United States and Australia first concluded a civil
nuclear cooperation agreement in 1957. Those governments
updated that agreement in 1979 and renewed it in 2010.
Australia sells around 36% of its $1 billion in uranium
exports to the United States. The United States is also a
major processor of Australian uranium sold to other
countries. Australia does not currently possess any nuclear
power plants, but it operates one research reactor. This
agreement specifically prohibits the transfer of restricted
data under it, as well as sensitive nuclear technology,
sensitive nuclear facilities and major critical components.
As a nonnuclear-weapon state under the NPT, Australia has
a comprehensive International Atomic Energy Agency
(IAEA) safeguards agreement. Such agreements, according
to the agency, are designed to provide credible assurance
to the international community that nuclear material and
other specified items are not diverted from peaceful nuclear
uses.
The 1958 U.S. nuclear cooperation agreement with the
European Atomic Energy Community (Euratom), renewed
in 1995, provided the legal framework for civilian nuclear](ViewImageLocal?handle=hein.crs/govenlt0001&div=1&collection=&method=preview&ext=.png&size=3)
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