Section 123 of the U.S. Atomic Energy Act generally requires a peaceful nuclear cooperation agreement for the significant transfer of nuclear materials, equipment or components from the United States to another nation. In addition, these agreements, commonly referred to as “Agreements 123,” facilitate cooperation in other areas such as technical exchanges, scientific research and security discussions. In conjunction with other non-proliferation instruments, in particular the Nuclear Non-Proliferation Treaty (NPT), 123 agreements help advance the principles of non-proliferation in the United States. They create a legal framework for important cooperation with other countries. In order for a country to reach a 123-nation agreement with the United States, that country must meet the non-proliferation standards set out in the 123 agreement. The U.S. State Department is responsible for negotiating 123 agreements, with technical assistance and approval from DOE/NNSA and in consultation with the U.S. Nuclear Regulatory Commission. Until March 28, 2019, 23 such agreements are in effect in the United States, governing peaceful nuclear cooperation with 48 countries, the International Atomic Energy Agency and Taiwan government authorities (through the American Institute in Taiwan), as described below.
(2) The bilateral nuclear cooperation agreements concluded by the United States of America with the Republic of Austria on 11 July 1969, the Kingdom of Spain on 20 March 1974, the Portuguese Republic on 16 May 1974, the Kingdom of Sweden on 19 December 1983 and the Republic of Finland on 2 May 1985, will be terminated the entry into force of this agreement. The rights and obligations arising from these agreements with respect to the supply of nuclear materials are being replaced by the rights and obligations of this agreement. If, in order to meet these needs, the Community seeks to re-enrich highly enriched uranium delivered under previous cooperation agreements, the United States of America confirms that it will do its best to reach an agreement with the Community, in accordance with Article 8.1 A, on the terms of this enrichment. b) In all other cases, each contracting party, to the extent necessary under its laws and regulations, obliges all its participants to enter into specific agreements concerning the conduct of the joint research and the respective rights and obligations of the participants. With regard to intellectual property, the agreement will generally cover, among other things, ownership, protection, rights of use for research and development, exploitation and dissemination, including joint publication rules, the rights and obligations of invited researchers and dispute resolution procedures. The agreement may also cover background information, licenses and delivery elements. 13. When the activities covered by Article 8, paragraph 2 of the agreement are suspended in accordance with paragraph 8, the quantities of nuclear material corresponding to the list covered by Article 20.1 are, at the choice of the contracting party subject to the suspension, considered, during such suspension, as the subject of this agreement, but only to the extent covered by the agreements covered by Article 19. The U.S. government notes that the agreement does not provide for the transfer of sensitive nuclear technology or groups of components or components that are essential for the operation of a complete uranium enrichment, nuclear fuel treatment or heavy water production facility. The Government of the United States of America confirms to the European Atomic Energy Community that the definition of all information (including information, which are not accessible to the public and are transferred to the Community for the design, construction, production, operation or maintenance of a uranium enrichment or reprocessing plant or heavy water production facility, with no limited data (1) for the Community, outside the cooperation agreement provided for in Sections 127 and 128 of the U.S.