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US to send nuclear cooperation deal with Saudi Arabia that omits safeguards to Congress

The agreement takes its name from Section 123 of the Atomic Energy Act of 1954, which governs when the U.S. government and American companies can partner with foreign entities on civilian nuclear projects. In this case, it would open the door to a multibillion-dollar nuclear power industry in the kingdom

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The Trump administration is moving forward with a nuclear technology-sharing agreement with Saudi Arabia that leaves out longstanding U.S. safeguards designed to prevent nuclear materials from being diverted into weapons programs, according to two people familiar with the matter.

The administration is expected to send the agreement, formally known as a 123 Agreement, to Congress within days. The document will be signed by Energy Secretary Chris Wright and Saudi Energy Minister Abdulaziz bin Salman, building on a preliminary version the two officials signed in Riyadh last year. Neither the White House nor the Department of Energy responded to requests for comment, Reuters reports.

The agreement takes its name from Section 123 of the Atomic Energy Act of 1954, which governs when the U.S. government and American companies can partner with foreign entities on civilian nuclear projects. In this case, it would open the door to a multibillion-dollar nuclear power industry in the kingdom.

Notably absent, according to the sources, is the so-called Gold Standard provision that would prohibit Saudi Arabia from enriching uranium or reprocessing spent nuclear fuel, both of which can serve as steps toward building a weapon.

Read more about this topic: Trump approves nuclear deal that could let Saudi Arabia enrich uranium (with video)

The agreement also does not include the Additional Protocol, a measure that would give the International Atomic Energy Agency expanded inspection powers, including the ability to conduct unannounced inspections at sites the country hasn’t formally declared.

Accounts differ slightly on timing: one source said the agreement could be submitted to lawmakers as early as this week, another said it would likely take about a week, and a third confirmed submission was imminent without addressing whether the safeguards were missing.

Wright has previously maintained that the earlier preliminary deal did not involve enrichment and already met the nonproliferation standards required under the Atomic Energy Act, which he’s described as among the most rigorous in the world.

One source added that while the new agreement creates a legal framework for cooperation across the nuclear fuel cycle, including enrichment, it does not commit the U.S. to actually transferring enrichment-related technology or capabilities to Saudi Arabia.

Read more: Trump: “Iran will never obtain nuclear weapons” (with video)

The prospect of a deal without stronger guardrails has unsettled arms control advocates and some members of Congress, particularly given Crown Prince Mohammed bin Salman’s repeated statements linking Saudi nuclear ambitions to Iran’s. In a 2018 interview with CBS, the crown prince said the kingdom has no interest in obtaining a nuclear weapon but would pursue one without hesitation if Iran built one first.

Saudi officials have also been clear that they want to retain the right to enrich uranium domestically. By contrast, the United Arab Emirates agreed to the Gold Standard restrictions when it signed its own 123 Agreement with Washington back in 2009.

Once formally submitted, the agreement enters a congressional review period lasting roughly 90 days of continuous session, after which it automatically takes effect unless lawmakers act. Blocking it would require both chambers to pass a joint resolution of disapproval and then muster a two-thirds majority to override a presidential veto.

Opposition to a safeguard-free deal isn’t limited to Democrats; a number of Republicans have also called for firmer restrictions, including Secretary of State Marco Rubio, who pushed for similar guardrails during his time in the Senate.

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