What the US laws* require | What the 123 agreement says |
Nuclear Test
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The US must halt all nuclear exports if India resumes nuclear testing | No mention of nuclear testing, though it allows termination for any reason, after one year’s notice. The parties agreed to consider whether the triggers for cessation stem from a changed security environment. |
Reprocessing
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The Atomic Energy Act (AEA) prohibits any nation from reprocessing nuclear materials obtained from the US without America’s prior consent. The Hyde Act, however, is silent on this issue. | Grants consent in principle. India to establish a new national reprocessing facility under IAEA safeguards; arrangements for reprocessing to be decided in the future |
Sensitive Nuclear Transfers
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The Hyde Act bans such transfers except to a multinational facility under IAEA safeguards, or a national facility involved in the development of new proliferation-resistant fuel cycle techniques | Allows transfers pursuant to an amendment to the agreement |
Right of Return
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The AEA requires that an agreement must ensure the return of nuclear materials if a cooperating party tests a nuclear weapon, or terminates/violates IAEA safeguards | Does not specify what circumstances allow the US right of return |
Guaranteed Fuel Supply
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The Hyde Act of 2006 says the US should (a) not facilitate nuclear exports to India by any other state if such exports are halted by the US; (b) get the Nuclear Suppliers Group to stop exports if the US terminates exports; (c) restrict India’s strategic fuel reserve for "reasonable reactor operating requirements" | Help negotiate with IAEA an India-specific fuel supply agreement; support development of a strategic nuclear fuel reserve to guard against any disruption of supply over the lifetime of India’s reactors; in the event of a fuel disruption, convene with India a group of friendly supplier countries to restore fuel supply to India |
*The Atomic Energy Act and the Hyde Act | |