North Korea's Request for Nuclear Cooperation Barred by Energy Bill Exports Provision

NORTH KOREA'S REQUEST FOR NUCLEAR COOPERATION BARRED BY ENERGY BILL ExPORTS PROVISION

Cox-Markey Amendments Affect both U.S. Exports and Re-Exports or Re-Transfers of U.S.-Origin Nuclear Materials and Technology

Washington, D.C. - As negotiations on North Korea's nuclear weapons program resumed today in Beijing, North Korea continued to insist on its right to civilian atomic technology, despite the fact that cooperation on this technology from the U.S. and U.S.-origin technology from South Korea and Japan is barred by recent changes in U.S. law. Two little noticed provisions of the recently passed Energy Policy Act of 2005 (EPACT 2005) outlaw virtually all forms of nuclear trade and cooperation between the U.S. and countries like North Korea and Iran, according to Representative Edward J. Markey (D-MA), who coauthored the provisions along with former Rep. Christopher Cox (R-CA), the current Chairman of the Securities and Exchange Commission. The Cox-Markey amendments affect both U.S. exports of nuclear materials and technology, as well as re-exports and re-transfers of U.S.-origin materials and technology.

"The purpose of this new law is to erect the strongest possible legal barriers in U.S. law to any attempt to revive plans to build two light water reactors in North Korea," said Rep. Markey. Rep. Markey explained, "The new law bars virtually all forms of nuclear trade with countries who are on the list of state sponsors of terrorism, which includes both North Korea and Iran. Not only are direct U.S. exports and transfers covered, but also any re-transfers of U.S.-origin technology by countries such as South Korea, Japan, or the European Community. In addition, the federal government is permanently barred from offering any legal indemnification to companies participating in nuclear projects in these countries. "

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Rep. Markey concluded, "While North Korea reportedly is still arguing for a right to have a civilian nuclear program that is an "agreement acceptable to all parties" the reality is that under the Cox- Markey amendments, neither the U.S. can supply them with nuclear materials and technology, nor can the South Koreans and the Japanese supply them with such technology (since both countries' nuclear programs rely on U.S.-origin technology). Since North Korea is unlikely to be removed from the list of state sponsors of terrorism, and since it would be extraordinarily difficult for the President to meet the conditions for a waiver, this option is pretty effectively foreclosed. Let me put this simply: North Korea's request for nuclear cooperation from the U.S., South Korea or Japan is illegal under U.S. law and extremely dangerous considering that just today we have received more confirmation from Pakistan that North Korea obtained nuclear weapons technology from a Pakistani scientist."

For more on Rep. Markey's work on non-proliferation http://www.house.gov/markey/

http://www.house.gov/markey/Issues/iss_nonpro_pr050913.pdf