Nuclear Non-Proliferation Treaty

The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy, and to further the goal of achieving nuclear disarmament and general and complete disarmament. Between 1965 and 1968, the treaty was negotiated by the Eighteen Nation Committee on Disarmament, a United Nations-sponsored organization based in Geneva, Switzerland.

Opened for signature in 1968, the treaty entered into force in 1970. As required by the text, after twenty-five years, NPT Parties met in May 1995 and agreed to extend the treaty indefinitely. More countries are parties to the NPT than any other arms limitation and disarmament agreement, a testament to the treaty's significance. As of August 2016, 191 states have become parties to the treaty, though North Korea, which acceded in 1985 but never came into compliance, announced its withdrawal from the NPT in 2003, following detonation of nuclear devices in violation of core obligations. Four UN member states have never accepted the NPT, three of which possess or are thought to possess nuclear weapons: India, Israel, and Pakistan. In addition, South Sudan, founded in 2011, has not joined.

The treaty defines nuclear-weapon states as those that have built and tested a nuclear explosive device before 1 January 1967; these are the United States (1945), Russia (1949), the United Kingdom (1952), France (1960), and China (1964). Four other states are known or believed to possess nuclear weapons: India, Pakistan, and North Korea have openly tested and declared that they possess nuclear weapons, while Israel is deliberately ambiguous regarding its nuclear weapons status.

The NPT is often seen to be based on a central bargain:

the NPT non-nuclear-weapon states agree never to acquire nuclear weapons and the NPT nuclear-weapon states in exchange agree to share the benefits of peaceful nuclear technology and to pursue nuclear disarmament aimed at the ultimate elimination of their nuclear arsenals.

The treaty is reviewed every five years in meetings called Review Conferences. Even though the treaty was originally conceived with a limited duration of 25 years, the signing parties decided, by consensus, to unconditionally extend the treaty indefinitely during the Review Conference in New York City on 11 May 1995, in the culmination of U.S. government efforts led by Ambassador Thomas Graham Jr.

At the time the NPT was proposed, there were predictions of 25–30 nuclear weapon states within 20 years. Instead, over forty years later, five states are not parties to the NPT, and they include the only four additional states believed to possess nuclear weapons. Several additional measures have been adopted to strengthen the NPT and the broader nuclear nonproliferation regime and make it difficult for states to acquire the capability to produce nuclear weapons, including the export controls of the Nuclear Suppliers Group and the enhanced verification measures of the International Atomic Energy Agency (IAEA) Additional Protocol.

Critics argue that the NPT cannot stop the proliferation of nuclear weapons or the motivation to acquire them. They express disappointment with the limited progress on nuclear disarmament, where the five authorized nuclear weapons states still have 13,400 warheads in their combined stockpile. Several high-ranking officials within the United Nations have said that they can do little to stop states using nuclear reactors to produce nuclear weapons. Benjamin K. Sovacool (2011). '' Contesting the Future of Nuclear Power: A Critical Global Assessment of Atomic Energy'', World Scientific, pp. 187–190.

Treaty structure

The NPT consists of a preamble and eleven articles. Although the concept of "pillars" is not expressed anywhere in the NPT, the treaty is nevertheless sometimes interpreted as a ''three-pillar'' system, with an implicit balance among them:
# '' non-proliferation'',
# '' disarmament'', and
# '' the right to peacefully use nuclear technology''.
These pillars are interrelated and mutually reinforcing. An effective nonproliferation regime whose members comply with their obligations provides an essential foundation for progress on disarmament and makes possible greater cooperation on the peaceful use of nuclear energy. With the right to access the benefits of peaceful nuclear technology comes the responsibility of nonproliferation. Progress on disarmament reinforces efforts to strengthen the nonproliferation regime and to enforce compliance with obligations, thereby also facilitating peaceful nuclear cooperation.
The "pillars" concept has been questioned by some who believe that the NPT is, as its name suggests, principally about nonproliferation, and who worry that "three pillars" language misleadingly implies that the three elements have equivalent importance.

First pillar: Non-proliferation

Under Article I of the NPT, nuclear-weapon states pledge not to transfer nuclear weapons or other nuclear explosive devices to any recipient or in any way assist, encourage or induce any non-nuclear-weapon state in the manufacture or acquisition of a nuclear weapon.

Under Article II of the NPT, non-nuclear-weapon states pledge not to acquire or exercise control over nuclear weapons or other nuclear explosive devices and not to seek or receive assistance in the manufacture of such devices.

Under Article III of the Treaty, non-nuclear-weapon states pledge to accept IAEA safeguards to verify that their nuclear activities serve only peaceful purposes.

Five states are recognized by NPT as nuclear weapon states (NWS): China (signed 1992), France (1992), the Soviet Union (1968; obligations and rights now assumed by the Russian Federation), the United Kingdom (1968), and the United States (1968), which also happen to be the five permanent members of the United Nations Security Council.

These five NWS agree not to transfer "nuclear weapons or other nuclear explosive devices" and "not in any way to assist, encourage, or induce" a non-nuclear weapon state (NNWS) to acquire nuclear weapons (Article I). NNWS parties to the NPT agree not to "receive", "manufacture", or "acquire" nuclear weapons or to "seek or receive any assistance in the manufacture of nuclear weapons" (Article II). NNWS parties also agree to accept safeguards by the International Atomic Energy Agency (IAEA) to verify that they are not diverting nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices (Article III).

The five NWS parties have made undertakings not to use their nuclear weapons against a non-NWS party except in response to a nuclear attack, or a conventional attack in alliance with a Nuclear Weapons State. However, these undertakings have not been incorporated formally into the treaty, and the exact details have varied over time. The U.S. also had nuclear warheads targeted at North Korea, a non-NWS, from 1959 until 1991. The previous United Kingdom Secretary of State for Defence, Geoff Hoon, has also explicitly invoked the possibility of the use of the country's nuclear weapons in response to a non-conventional attack by "rogue states". In January 2006, President Jacques Chirac of France indicated that an incident of state-sponsored terrorism on France could trigger a small-scale nuclear retaliation aimed at destroying the "rogue state's" power centers.

Second pillar: Disarmament

Under Article VI of the NPT, all Parties undertake to pursue good-faith negotiations on effective measures relating to cessation of the nuclear arms race, to nuclear disarmament, and to general and complete disarmament.

Article VI of the NPT represents the only binding commitment in a multilateral treaty to the goal of disarmament by the nuclear-weapon states. The NPT's preamble contains language affirming the desire of treaty signatories to ease international tension and strengthen international trust so as to create someday the conditions for a halt to the production of nuclear weapons, and treaty on general and complete disarmament that liquidates, in particular, nuclear weapons and their delivery vehicles from national arsenals.

The wording of the NPT's Article VI arguably imposes only a vague obligation on all NPT signatories to move in the general direction of nuclear and total disarmament, saying, "Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament." Under this interpretation, Article VI does not strictly require all signatories to actually conclude a disarmament treaty. Rather, it only requires them "to negotiate in good faith".

On the other hand, some governments, especially non-nuclear-weapon states belonging to the Non-Aligned Movement, have interpreted Article VI's language as being anything but vague. In their view, Article VI constitutes a formal and specific obligation on the NPT-recognized nuclear-weapon states to disarm themselves of nuclear weapons, and argue that these states have failed to meet their obligation. The International Court of Justice (ICJ), in its advisory opinion on the Legality of the Threat or Use of Nuclear Weapons, issued 8 July 1996, unanimously interprets the text of Article VI as implying that

There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.

The ICJ opinion notes that this obligation involves all NPT parties (not just the nuclear weapon states) and does not suggest a specific time frame for nuclear disarmament.

Critics of the NPT-recognized nuclear-weapon states (the United States, Russia, China, France, and the United Kingdom) sometimes argue that what they view as the failure of the NPT-recognized nuclear weapon states to disarm themselves of nuclear weapons, especially in the post–Cold War era, has angered some non-nuclear-weapon NPT signatories of the NPT. Such failure, these critics add, provides justification for the non-nuclear-weapon signatories to quit the NPT and develop their own nuclear arsenals.

Other observers have suggested that the linkage between proliferation and disarmament may also work the other way, i.e., that the failure to resolve proliferation threats in Iran and North Korea, for instance, will cripple the prospects for disarmament. No current nuclear weapons state, the argument goes, would seriously consider eliminating its last nuclear weapons without high confidence that other countries would not acquire them. Some observers have even suggested that the very progress of disarmament by the superpowers—which has led to the elimination of thousands of weapons and delivery systems—could eventually make the possession of nuclear weapons more attractive by increasing the perceived strategic value of a small arsenal. As one U.S. official and NPT expert warned in 2007, "logic suggests that as the number of nuclear weapons decreases, the 'marginal utility' of a nuclear weapon as an instrument of military power increases. At the extreme, which it is precisely disarmament's hope to create, the strategic utility of even one or two nuclear weapons would be huge."

Third pillar: Peaceful use of nuclear energy

NPT Article IV acknowledges the right of all Parties to develop nuclear energy for peaceful purposes and to benefit from international cooperation in this area, in conformity with their nonproliferation obligations. Article IV also encourages such cooperation. This so-called third pillar provides for the transfer of nuclear technology and materials to NPT Parties for peaceful purposes in the development of civilian nuclear energy programs in those countries, subject to IAEA safeguards to demonstrate that their nuclear programs are not being used for the development of nuclear weapons.

As the commercially popular light water reactor nuclear power station uses enriched uranium fuel, it follows that states must be able either to enrich uranium or purchase it on an international market. Mohamed ElBaradei, then Director General of the International Atomic Energy Agency, has called the spread of enrichment and reprocessing capabilities the " Achilles' heel" of the nuclear nonproliferation regime. As of 2007, 13 states have an enrichment capability.

During the 1960s and 1970s many states, almost 60, were supplied with research reactors fuelled by weapon grade highly enriched uranium (HEU) through the United States Atoms for Peace program and a similar Soviet Union program. In the 1980s a program to convert HEU research reactors to use low enriched fuel was started in the United States due to proliferation concerns. However 26 states possessed more than 1 kg of civilian HEU in 2015, and as of 2016 the stocks of HEU for civilian research were 60 tonnes, with 74 research reactors still using HEU.

Because the availability of fissile material has long been considered the principal obstacle to, and "pacing element" for, a country's nuclear weapons development effort, it was declared a major emphasis of U.S. policy in 2004 to prevent the further spread of uranium enrichment and plutonium reprocessing (a.k.a. "ENR") technology. Countries possessing ENR capabilities, it is feared, have what is in effect the option of using this capability to produce fissile material for weapons use on demand, thus giving them what has been termed a "virtual" nuclear weapons program. The degree to which NPT members have a "right" to ENR technology notwithstanding its potentially grave proliferation implications, therefore, is at the cutting edge of policy and legal debates surrounding the meaning of Article IV and its relation to Articles I, II, and III of the treaty.

Countries that have become Parties to the NPT as non-nuclear-weapon States have a strong record of not building nuclear weapons, although some tried and one eventually left the NPT and acquired nuclear weapons. Iraq was found by the IAEA to have violated its safeguards obligations and subject to punitive sanctions by the UN Security Council. North Korea never came into compliance with its NPT safeguards agreement and was cited repeatedly for these violations, and later withdrew from the NPT and tested multiple nuclear devices. Iran was found in non-compliance with its NPT safeguards obligations in an unusual non-consensus decision because it "failed in a number of instances over an extended period of time" to report aspects of its enrichment program. In 1991, Romania reported previously undeclared nuclear activities by the former regime and the IAEA reported this non-compliance to the Security Council for information only. Libya pursued a clandestine nuclear weapons program before abandoning it in December 2003. The IAEA reported Syria's safeguards non-compliance to the UN Security Council, which did not take action.

In some regions, the fact that all neighbors are verifiably free of nuclear weapons reduces any pressure individual states might feel to build those weapons themselves, even if neighbors are known to have peaceful nuclear energy programs that might otherwise be suspicious. In this, the treaty works as designed.

In 2004, Mohamed ElBaradei said that by some estimates thirty-five to forty states could have the knowledge to develop nuclear weapons.

Key articles

''Article I'': Each nuclear-weapons state (NWS) undertakes not to transfer, to any recipient, nuclear weapons, or other nuclear explosive devices, and not to assist any non-nuclear weapon state to manufacture or acquire such weapons or devices.

''Article II'': Each non-NWS party undertakes not to receive, from any source, nuclear weapons, or other nuclear explosive devices; not to manufacture or acquire such weapons or devices; and not to receive any assistance in their manufacture.

''Article III'': Each non-NWS party undertakes to conclude an agreement with the IAEA for the application of its safeguards to all nuclear material in all of the state's peaceful nuclear activities and to prevent diversion of such material to nuclear weapons or other nuclear explosive devices.

''Article IV'': 1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this Treaty.

2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world.

''Article VI'': Each party "undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a Treaty on general and complete disarmament under strict and effective international control".

''Article IX'': "For the purposes of this Treaty, a nuclear-weapon State is one which has manufactured and exploded a nuclear weapon or other nuclear explosive device prior to 1 January 1967."

''Article X'': Establishes the right to withdraw from the Treaty giving 3 months' notice. It also establishes the duration of the Treaty (25 years before 1995 Extension Initiative).

History

The impetus behind the NPT was concern for the safety of a world with many nuclear weapon states. It was recognized that the Cold War deterrent relationship between just the United States and the Soviet Union was fragile. Having more nuclear-weapon states would reduce security for all, multiplying the risks of miscalculation, accidents, unauthorized use of weapons, escalation in tensions, and nuclear conflict. Moreover, since the use of nuclear weapons in Hiroshima and Nagasaki in 1945, it has been apparent that the development of nuclear capabilities by States could enable them to divert technology and materials for weapons purposes. Thus, the problem of preventing such diversions became a central issue in discussions on peaceful uses of nuclear energy.

Initial efforts, which began in 1946, to create an international system enabling all States to have access to nuclear technology under appropriate safeguards, were terminated in 1949 without the achievement of this objective, due to serious political differences between the major Powers. By then, both the United States and the former Soviet Union had tested nuclear weapons, and were beginning to build their stockpiles.

In December 1953, US President Dwight D. Eisenhower, in his "Atoms for Peace" proposal, presented to the eighth session of the United Nations General Assembly, urged that an international organization be established to disseminate peaceful nuclear technology, while guarding against development of weapons capabilities in additional countries. His proposal resulted in 1957 in the establishment of the International Atomic Energy Agency (IAEA), which was charged with the dual responsibility for promotion and control of nuclear technology. IAEA technical activities began in 1958. An interim safeguards system for small nuclear reactors, put in place in 1961, was replaced in 1964 by a system covering larger installations and, over the following years, was expanded to include additional nuclear facilities. In recent years, efforts to strengthen the effectiveness and improve the efficiency of the IAEA safeguards system culminated in the approval of the Model Additional Protocol by the IAEA Board of Governors in May 1997.

Within the framework of the United Nations, the principle of nuclear non-proliferation was addressed in negotiations as early as 1957. The NPT process was launched by Frank Aiken, Irish Minister for External Affairs, in 1958. The NPT gained significant momentum in the early 1960s. The structure of a treaty to uphold nuclear non-proliferation as a norm of international behaviour had become clear by the mid-1960s, and by 1968 final agreement had been reached on a Treaty that would prevent the proliferation of nuclear weapons, enable cooperation for the peaceful use of nuclear energy, and further the goal of achieving nuclear disarmament. It was opened for signature in 1968, with Finland the first State to sign. Accession became nearly universal after the end of the Cold War and of South African apartheid. In 1992, The People's Republic of China and France acceded to the NPT, the last of the five nuclear powers recognized by the treaty to do so.

The treaty provided, in article X, for a conference to be convened 25 years after its entry into force to decide whether the treaty should continue in force indefinitely, or be extended for an additional fixed period or periods. Accordingly, at the NPT Review and Extension Conference in May 1995, state parties to the treaty agreed—without a vote—on the treaty's indefinite extension, and decided that review conferences should continue to be held every five years. After Brazil acceded to the NPT in 1998, the only remaining non-nuclear-weapon state which had not signed was Cuba, which joined the NPT (and the Treaty of Tlatelolco NWFZ) in 2002.

Several NPT states parties have given up nuclear weapons or nuclear weapons programs. South Africa undertook a nuclear weapons program, but has since renounced it and acceded to the treaty in 1991 after destroying its small nuclear arsenal; after this, the remaining African countries signed the treaty.

The former Soviet Republics where nuclear weapons had been based, namely Ukraine, Belarus and Kazakhstan, transferred those weapons to Russia and joined the NPT by 1994 following the signature of the Budapest Memorandum on Security Assurances.

Successor states from the Breakup of Yugoslavia and Dissolution of Czechoslovakia also joined the treaty soon after their independence. Montenegro and East Timor were the last countries to accede to the treaty on their independence in 2006 and 2003; the only other country to accede in the 21st century was Cuba in 2002. The three Micronesian countries in Compact of Free Association with the USA joined the NPT in 1995, along with Vanuatu.

Major South American countries Argentina, Chile, and Brazil joined in 1995 and 1998. Arabian Peninsula countries included Saudi Arabia and Bahrain in 1988, Qatar and Kuwait in 1989, UAE in 1995, and Oman in 1997. The European states of Monaco and Andorra joined in 1995–6. Also acceding in the 1990s were Myanmar in 1992 and Guyana in 1993.

United States–NATO nuclear weapons sharing

At the time the treaty was being negotiated, NATO had in place secret nuclear weapons sharing agreements whereby the United States provided nuclear weapons to be deployed by, and stored in, other NATO states. Some argue this is an act of proliferation violating Articles I and II of the treaty. A counter-argument is that the U.S. controlled the weapons in storage within the NATO states, and that no transfer of the weapons or control over them was intended "unless and until a decision were made to go to war, at which the treaty would no longer be controlling", so there is no breach of the NPT. These agreements were disclosed to a few of the states, including the Soviet Union, negotiating the treaty, but most of the states that signed the NPT in 1968 would not have known about these agreements and interpretations at that time.Otfried Nassauer, Institute for Energy and Environmental Research (ieer.org), Science for Democratic Action Volume 9 Number 3, May 2001
Nuclear Sharing in NATO: Is it Legal?
/ref>

As of 2005, it is estimated that the United States still provides about 180 tactical B61 nuclear bombs for use by Belgium, Germany, Italy, the Netherlands and Turkey under these NATO agreements. Hans M. Kristensen, National Resources Defence Council (nrdc.org), February 2005
U.S. Nuclear Weapons in Europe: A Review of Post-Cold War Policy, Force Levels, and War Planning
/ref> Many states, and the Non-Aligned Movement, now argue this violates Articles I and II of the treaty, and are applying diplomatic pressure to terminate these agreements. They point out that the pilots and other staff of the "non-nuclear" NATO states practice handling and delivering the U.S. nuclear bombs, and non-U.S. warplanes have been adapted to deliver U.S. nuclear bombs which must have involved the transfer of some technical nuclear weapons information. NATO believes its "nuclear forces continue to play an essential role in war prevention, but their role is now more fundamentally political".

U.S. nuclear sharing policies were originally designed to help prevent the proliferation of nuclear weapons—not least by persuading West Germany not to develop an independent nuclear capability by assuring it that West Germany would be able, in the event of war with the Warsaw Pact, to wield (U.S.) nuclear weapons in self-defense. (Until that point of all-out war, however, the weapons themselves would remain in U.S. hands.) The point was to limit the spread of countries having their own nuclear weapons programs, helping ensure that NATO allies would not choose to go down the proliferation route. (West Germany was discussed in U.S. intelligence estimates for a number of years as being a country with the potential to develop nuclear weapons capabilities of its own if officials in Bonn were not convinced that their defense against the Soviet Union and its allies could otherwise be met.)

Preparations for Russia–Belarus nuclear weapons sharing

On 27 February 2022, shortly after the 2022 Russian invasion of Ukraine, Belarusians voted in a referendum to repeal the post-Soviet Constitutional prohibition on basing of nuclear weapons in Belarus. At a meeting on 25 June 2022, Russian President Putin and President of Belarus Lukashenko agreed the deployment of Russian short-range nuclear-capable missiles. The transfer of nuclear warheads would require a further decision, possibly after a number of years, and might be tied to future NATO decisions.

Russia will supply Belarus with nuclear-capable Iskander-M missile systems. Both conventional and nuclear versions of the missile would be provided to the Belarusians. Additionally, Putin said that he would facilitate the modifications necessary for Belarusian Su-25 bombers to carry nuclear missiles. At the same news conference Lukashenko talked of the "aggressive", "confrontational" and "repulsive" policies of Belarus' neighbours Poland and Lithuania.

Non-parties

Four states—India, Israel, Pakistan, and South Sudan—have never signed the treaty. India and Pakistan have publicly disclosed their nuclear weapon programs, and Israel has a long-standing policy of deliberate ambiguity with regards to its nuclear program (see List of states with nuclear weapons).

India

India has detonated nuclear devices, first in 1974 and again in 1998. It is estimated to have enough fissile material for more than 150 warheads and was among the few countries to have a no first use policy, a pledge not to use nuclear weapons unless first attacked by an adversary using nuclear weapons, however India's former NSA Shivshankar Menon signaled a significant shift from "no first use" to "no first use against non-nuclear weapon states" in a speech on the occasion of Golden Jubilee celebrations of the National Defence College in New Delhi on 21 October 2010, a doctrine Menon said reflected India's "strategic culture, with its emphasis on minimal deterrence".

India argues that the NPT creates a club of "nuclear haves" and a larger group of "nuclear have-nots" by restricting the legal possession of nuclear weapons to those states that tested them before 1967, but the treaty never explains on what ethical grounds such a distinction is valid. India's then External Affairs Minister Pranab Mukherjee said during a visit to Tokyo in 2007: "If India did not sign the NPT, it is not because of its lack of commitment for non-proliferation, but because we consider NPT as a flawed treaty and it did not recognize the need for universal, non-discriminatory verification and treatment." Although there have been unofficial discussions on creating a South Asian nuclear weapons free zone, including India and Pakistan, this is considered to be highly unlikely for the foreseeable future.

In early March 2006, India and the United States finalized an agreement, in the face of criticism in both countries, to restart cooperation on civilian nuclear technology. Under the deal India has committed to classify 14 of its 22 nuclear power plants as being for civilian use and to place them under IAEA safeguards. Mohamed ElBaradei, then Director General of the IAEA, welcomed the deal by calling India "an important partner in the non-proliferation regime."

In December 2006, United States Congress approved the United States-India Peaceful Atomic Energy Cooperation Act, endorsing a deal that was forged during Prime Minister Manmohan Singh's visit to the United States in July 2005 and cemented during President Bush's visit to India earlier in 2006. The legislation allows for the transfer of civilian nuclear material to India. Despite its status outside the Nuclear Non-Proliferation Treaty, nuclear cooperation with India was permitted on the basis of its clean non-proliferation record, and India's need for energy fueled by its rapid industrialization and a billion-plus population.

On 1 August 2008, the IAEA approved the India Safeguards Agreement and on 6 September 2008, India was granted the waiver at the Nuclear Suppliers Group (NSG) meeting held in Vienna, Austria. The consensus was arrived after overcoming misgivings expressed by Austria, Ireland and New Zealand and is an unprecedented step in giving exemption to a country, which has not signed the NPT and the Comprehensive Nuclear-Test-Ban Treaty (CTBT). While India could commence nuclear trade with other willing countries. The U.S. Congress approved this agreement and President Bush signed it on 8 October 2008.

When China announced expanded nuclear cooperation with Pakistan in 2010, proponents of arms control denounced both the deals, claiming that they weakened the NPT by facilitating nuclear programmes in states which are not parties to the NPT.

, Australia, a top three uranium producer and home to world's largest known reserves, had continued its refusal to export Uranium to India despite diplomatic pressure from India.

In November 2011, Australian Prime Minister Julia Gillard announced a desire to allow exports to India, a policy change which was authorized by her party's national conference in December. The following month, Gillard overturned Australia's long-standing ban on exporting uranium to India. She further said, "We should take a decision in the national interest, a decision about strengthening our strategic partnership with India in this the Asian century," and said that any agreement to sell uranium to India would include strict safeguards to ensure it would only be used for civilian purposes, and not end up in nuclear weapons.

On 5 September 2014 Tony Abbott, Gillard's successor as Australian Prime Minister, sealed a civil nuclear deal to sell uranium to India. "We signed a nuclear cooperation agreement because Australia trusts India to do the right thing in this area, as it has been doing in other areas," Abbott told reporters after he and Indian Prime Minister Narendra Modi signed a pact to sell uranium for peaceful power generation.

Pakistan

In May 1998, following India's nuclear tests earlier that month, Pakistan conducted two sets of nuclear tests, the Chagai-I and Chagai-II. Although there is little confirmed information in public, as of 2015, Pakistan was estimated to have as many as 120 warheads. According to analyses of the Carnegie Endowment for International Peace and the Stimson Center, Pakistan has enough fissile material for 350 warheads.

Pakistani officials argue that the NPT is discriminatory. When asked at a briefing in 2015 whether Islamabad would sign the NPT if Washington requested it, Foreign Secretary Aizaz Ahmad Chaudhry was quoted as responding "It is a discriminatory treaty. Pakistan has the right to defend itself, so Pakistan will not sign the NPT. Why should we?" Until 2010, Pakistan had always maintained the position that it would sign the NPT if India did so. In 2010, Pakistan abandoned this historic position and stated that it would join the NPT only as a recognized nuclear-weapon state.

The NSG Guidelines currently rule out nuclear exports by all major suppliers to Pakistan, with very narrow exceptions, since it does not have full-scope IAEA safeguards (i.e. safeguards on all its nuclear activities). Pakistan has sought to reach an agreement similar to that with India, but these efforts have been rebuffed by the United States and other NSG members, on the grounds that Pakistan's track record as a nuclear proliferator makes it impossible for it to have any sort of nuclear deal in the near future.

By 2010, China reportedly signed a civil nuclear agreement with Pakistan, using the justification that the deal was "peaceful". The British government criticized this, on the grounds that 'the time is not yet right for a civil nuclear deal with Pakistan'. China did not seek formal approval from the nuclear suppliers group, and claimed instead that its cooperation with Pakistan was "grandfathered" when China joined the NSG, a claim that was disputed by other NSG members. Pakistan applied for membership on 19 May 2016, supported by Turkey and China However, many NSG members opposed Pakistan's membership bid due to its track record, including the illicit procurement network of Pakistani scientist A.Q. Khan, which aided the nuclear programs of Iran, Libya and North Korea. Pakistani officials reiterated the request in August 2016.

Israel

Israel has a long-standing policy of deliberate ambiguity with regards to its nuclear program (see List of countries with nuclear weapons). Israel has been developing nuclear technology at its Dimona site in the Negev since 1958, and some nonproliferation analysts estimate that Israel may have stockpiled between 100 and 200 warheads using reprocessed plutonium. The position on the NPT is explained in terms of "Israeli exceptionality", a term coined by Professor Gerald M. Steinberg, in reference to the perception that the country's small size, overall vulnerability, as well as the history of deep hostility and large-scale attacks by neighboring states, require a deterrent capability.

The Israeli government refuses to confirm or deny possession of nuclear weapons, although this is now regarded as an open secret after Israeli junior nuclear technician Mordechai Vanunu—subsequently arrested and sentenced for treason by Israel—published evidence about the program to the British '' Sunday Times'' in 1986.

On 18 September 2009 the General Conference of the International Atomic Energy Agency called on Israel to open its nuclear facilities to IAEA inspection and adhere to the non-proliferation treaty as part of a resolution on "Israeli nuclear capabilities", which passed by a narrow margin of 49–45 with 16 abstentions. The chief Israeli delegate stated that "Israel will not co-operate in any matter with this resolution." However, similar resolutions were defeated in 2010, 2013, 2014, and 2015. As with Pakistan, the NSG Guidelines currently rule out nuclear exports by all major suppliers to Israel.

Other States

North Korea

North Korea acceded to the treaty on 12 December 1985 in order to obtain assistance from the Soviet Union in the construction of four light-water reactors, but was ruled be in noncompliance with its IAEA safeguards agreement after a series of inspections in 1992-93 which determined that North Korean had not fully declared its history of reprocessing spent fuel at the Yongbyon nuclear facility. North Korea responded by announcing its intent to withdraw from the treaty on 12 March 1993, and President Bill Clinton responded by announcing sanctions and considering military action. The crisis ended with the Agreed Framework negotiated by former US President Jimmy Carter in which North Korea agreed to an IAEA-monitored freeze of plutonium production facilities and construction of new reactors in exchange for two light-water reactors and heavy fuel oil shipments through the US-led Korean Peninsula Energy Development Organization consortium. North Korea also abandoned its withdrawal from the NPT.

During the late 1990s and the early 2000s critics of the agreement, as well as Clinton's successor George W. Bush, expressed skepticism on North Korean compliance to the Agreed Framework. During 2002 negotiations US Assistant Secretary of State James A. Kelly accused North Korea of a secret highly-enriched uranium program; North Korean First Vice Foreign Minister Kang Sok-ju and Vice Foreign Minister Kim Kye-gwan responded by denying the allegations but asserting that North Korea had a right to nuclear weapons. The U.S. subsequently halted fuel oil shipments to North Korea in December 2002 and the DPRK government again gave notice of withdrawal from NPT on 10 January 2003. The withdrawal became effective 10 April 2003 making North Korea the first state ever to withdraw from the treaty.

In April 2003, North Korea agreed to the multilateral six-party talks to find a diplomatic solution to the issue hosted by China and including the United States, South Korea, Russia, and Japan. North Korea initially demanded resumption of fuel shipments, while the United States demanded the "complete, verifiable, and irreversible dismantlement" of the North Korean nuclear program. On 10 February 2005, North Korea publicly declared that it possessed nuclear weapons and pulled out of the six-party talks. "We had already taken the resolute action of pulling out of the Nuclear Non-Proliferation Treaty and have manufactured nuclear arms for self-defence to cope with the Bush administration's evermore undisguised policy to isolate and stifle the DPRK emocratic People's Republic of Korea" a North Korean Foreign Ministry statement said regarding the issue. Six-party talks resumed in July 2005.

On 19 September 2005, North Korea announced that it would agree to a preliminary accord. Under the accord, North Korea would scrap all of its existing nuclear weapons and nuclear production facilities, rejoin the NPT, and readmit IAEA inspectors. The difficult issue of the supply of light water reactors to replace North Korea's indigenous nuclear power plant program, as per the 1994 Agreed Framework, was left to be resolved in future discussions. On the next day North Korea reiterated its known view that until it is supplied with a light water reactor it will not dismantle its nuclear arsenal or rejoin the NPT. The six-party talks eventually collapsed before a final agreement could be negotiated after the U.S. State Department sanctioned Banco Delta Asia under Section 311 of the Patriot Act for money-laundering involving North Korean accounts.

On 2 October 2006, the North Korean foreign minister announced that his country was planning to conduct a nuclear test "in the future", although it did not state when. On Monday, 9 October 2006 at 01:35:28 (UTC) the United States Geological Survey detected a magnitude 4.3 seismic event north of Kimchaek, North Korea indicating a nuclear test. The North Korean government announced shortly afterward that they had completed a successful underground test of a nuclear fission device. After United Nations Security Council Resolution 1718 imposed sanctions on North Korea, the six-party talks resumed. In February 2007 the parties agreed to the Initial Actions for the Implementation for the Joint Statement in which North Korea would dismantle its nuclear weapons programs, including the Yongbyon reactor, in exchange for the return of frozen funds at Banco Delta Asia and foreign energy assistance. However, the agreement failed due to verification problems and North Korea fully withdrew from the six-party talks in 2009 after the other members condemned the 2009 North Korean missile tests, expelling all US and IAEA inspectors from the country. The UN responded by adopting United Nations Security Council Resolution 1874

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