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1 [1] (November 18, 2024)

handle is hein.crs/goverhu0001 and id is 1 raw text is: nforming iii Updated November 18, 2024 AUKUS Nuclear Cooperation On August 7, 2024, President Joseph Biden submitted to Congress an Agreement among the Government of Australia, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the United States of America for Cooperation Related to Naval Nuclear Propulsion. 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. The 2024 agreement, which would permit the transfer of nuclear material and naval nuclear reactors among the three governments, would supersede a 2022 agreement that permitted only the transfer of Naval Nuclear Propulsion Information (NNPI) and Restricted Data (RD). The latter agreement entered into force on February 8, 2022. Cooperation pursuant to the two agreements supports a project to develop Australian nuclear-powered submarines. This project is part of the AUKUS enhanced trilateral security partnership, which Australia, the United Kingdom, and the United States announced on September 15, 2021. The United States has a similar nuclear naval propulsion arrangement only with the United Kingdom pursuant to a bilateral 1958 Mutual Defense Agreement. The partnership's first initiative, according to a September 15, 2021, Joint Statement, was an 18-month study to seek an optimal pathway to deliver this submarine capability to Australia. On March 13, 2023, Australian Prime Minister Anthony N. Albanese, U.S. President Biden, and then- 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 Detais The 2024 agreement would permit the continued communication and exchange of NNPI, including certain RD, among the three governments. The agreement would also permit the transfer of naval nuclear propulsion plants, along with associated components and spare parts, as well as special nuclear material contained in complete, welded power units. The agreement also includes an appendix containing detailed provisions concerning information, physical, and personnel security. The AEA defines RD 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. The 2022 agreement was to remain in force until December 31, 2023, after which it would automatically extend for four additional periods of six months each. The 2024 superseding agreement is to expire in 2075. The three governments have concluded an understanding related to the July 2024 agreement that reflects the governments' intended approach to certain articles of that agreement and provides additional related political commitments. For example, nuclear cooperation is to be carried out in such a manner to avoid degrading either the U.S. and British governments' abilities to meet their respective military requirements or their respective naval nuclear propulsion programs. The understanding, which would not be legally binding, would become operative when the 2024 nuclear cooperation agreement enters into force. Related Nuclear Cooperation Agreements 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. Civi 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 cooperation between the United States and United Kingdom. In anticipation of the latter's withdrawal from the European Union (EU), and its legal association with

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