Analyst in Middle Eastern Affairs
Paul K. Kerr
Analyst in Nonproliferation
Summary
The United Arab Emirates (UAE) has embarked on a program to build civilian nuclear power plants and is seeking cooperation and technical assistance from the United States and others. During 2008 and early 2009, the Bush Administration and the UAE government negotiated and signed a memorandum of understanding and a proposed bilateral agreement on peaceful nuclear cooperation pursuant to Section 123 of the Atomic Energy Act (AEA) of 1954. Then-U.S. Secretary of State Condoleezza Rice signed the proposed agreement on peaceful nuclear cooperation with the UAE January 15, 2009. Deputy Secretary of State James Steinberg signed a new version of the agreement May 21; the Obama Administration submitted the proposed agreement to Congress the same day.
Under the AEA, Congress has the opportunity to review such a proposed agreement for 90 days of continuous session, after which the agreement becomes effective unless, during that time, Congress adopts a joint resolution disapproving the agreement and the resolution becomes law. According to the Office of the Parliamentarian of the House of Representatives, the 90 days of continuous session for the proposed U.S.-UAE agreement expired October 17, 2009. The UAE cabinet approved the agreement October 26. The agreement entered into force after the two governments exchanged diplomatic notes December 17, 2009. The agreement text states the intent of both governments to cooperate in a number of areas including, but not limited to, the development of the UAE’s “civilian nuclear energy use in a manner that contributes to global efforts to prevent nuclear proliferation” and, “the establishment of reliable sources of nuclear fuel for future civilian light water reactors deployed” in the UAE.
Some Members of Congress had welcomed the UAE government’s stated commitments not to pursue proliferation-sensitive nuclear capabilities, such as uranium enrichment or spent fuel reprocessing. Other Members had signaled their intention to weigh the proposed bilateral agreement in light of parallel and specific concerns about the UAE’s cooperation with international efforts (such as sanctions) to prevent Iran from developing nuclear weapons and ballistic missiles, as well as the potential proliferation or safety risks inherent to exporting U.S. nuclear technology.
In the 111th Congress, legislation (H.R. 364) has been introduced that would have required President Obama to certify that the UAE had taken a number of steps to strengthen its export controls and stem illicit trade with Iran before any agreement could come into effect or related U.S. exports of nuclear technology to the UAE could be approved. In 2007, the UAE adopted a stronger export control law, but has yet to issue implementing regulations for the law or to fully staff a national export control body to enforce it. In the interim, export control enforcement functions remain the responsibility of authorities in the UAE’s individual emirates, in coordination with a new national interagency Committee on Commodities Subject to Import and Export Control established in April 2009. According to UAE officials, cooperation with the United States has resulted in a number of joint interdiction operations. This report provides background information on the UAE nuclear program, reviews developments to date, analyzes proposed nuclear cooperation with the United States, and discusses relevant legislative proposals and options. See also CRS Report RS21852, The United Arab Emirates (UAE): Issues for U.S.Policy, by Kenneth Katzman, and CRS Report RS22937, Nuclear Cooperation with Other Countries: A Primer, by Paul K. Kerr and Mary Beth Nikitin.
Date of Report: December 23, 2009
Number of Pages: 21
Order Number: RL40344
Price: $29.95
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