International Trade Law News

Published by Jacobson Burton Kelley PLLC

The U.S. and United Arab Emirates (UAE) today signed an Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153). The remarks from today's signing ceremony can be found here.

The following is the text of the UAE's position on nuclear and other export controls from the Policy of the United Arab Emirates on the Evaluation and Potential Development of Peaceful Nuclear Energy:

With regard to control of trade, the UAE will continue to strengthen its export control regime to block and respond effectively to illicit trade of nuclear material or equipment. To this end, the UAE will implement commitments under the NPT, the IAEA Convention on the Physical Protection of Nuclear Material and the IAEA
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. As a means of ensuring the establishment and maintenance of the most comprehensive and up-to-date export control regime, the UAE will seek to participate in the Nuclear Suppliers Group (NSG) and implement import and export control rules for nuclear and nuclear-related equipment and technology in strict accordance with NSG Guidelines for Nuclear Transfers. In connection with the broader need to regulate trade, the UAE has recently established, under Federal Law No. 13 of 2007, a legal regime for commodities that are subject to import and export control procedures. Included within the scope of the law is a list of export-controlled technologies addressing nuclear materials, technologies and equipment.

Representative Ileana Ros-Lehtinen (R-FL), the ranking member of the House Foreign Affairs Committee, which must approve the 123 Agreement, last week introduced the Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2009 (H.R. 364) that would impose a number of restrictions on the export of nuclear material, equipment or technology to the UAE until the UAE Government takes action to prohibit and prevent the transfer of goods, services, or technology to the Government of Iran.

In order for the U.S. to engage in civilian nuclear cooperation with other nations, it must conclude a framework agreement that meets specific requirements under section 123 of the Atomic Energy Act. Congressional review is required for section 123 agreements.

Labels: Export Controls, UAE