Perhaps the irony is that the United States helped build Tehran`s first nuclear reactor in 1967, after an agreement of 123 was reached on the authorization to export technology and materials to Iran. In addition, the United States provided Iranian scientists with training and expertise, helped the Shah create the Iranian Nuclear Energy Organization, and supported its plans to build 20 reactors in 20 years, before the 1979 Islamic revolution abruptly ended nuclear cooperation. However, if the president has released a country from one of the requirements specifically provided for by the Nuclear Energy Act, the agreement can be better interpreted as a former executive agreement of Congress, according to which Congress must, by a joint resolution, approve such an agreement 123 for it to enter into force. If the president has obtained all the necessary guarantees from the cooperating country when concluding a 123 agreement, the agreement will function as an ex ante agreement between Congress and the executive branch, meaning that the agreement will enter into force without Congress taking the necessary action. In concrete terms, the statute describes a request for an uninterrupted 90-day meeting, after which the agreement will enter into force when a joint resolution on the rejection of the agreement has been adopted. The ERT`s capabilities are controversial because the process converts raw uranium into highly enriched uranium or spent nuclear fuel into military plutonium. Although these capabilities are generally used for energy purposes, there are concerns about serious proliferation risks if a country receives the technology because the same technology can be used to make nuclear weapons. The provisions of the gold standard for 123 agreements would require any State party to a 123-member agreement with the United States to renounce the activities of the ENR. The U.S. Department of Energy and the U.S. nuclear industry argue for the continuation of the case-by-case approach in renewal contracts. A case-by-case approach allows countries to apply for ENR approval and has been successfully followed by India and Japan.
The civil nuclear cooperation agreements under Section 123 of the Atomic Energy Act (123 agreements) were originally conceived by President Eisenhower as a way for the United States to project influence around the world, while protecting and regulating the proliferation of nuclear weapons without adequate safeguards. This task became even more important when it felt that the Soviet Union wanted to use the export of its nuclear technology to gain influence abroad at the expense of the United States. Among the legal requirements required by the Atomic Energy Act below is a list of guarantees and guarantees desired by the cooperating country; a statement assessing nuclear proliferation presented by the President to Congress; and a written statement by the President that the implementation of the proposed agreement „will promote common defence and security and does not constitute an unreasonable risk.” The Chair may exclude a proposed agreement from one of the above criteria if the provision that maintaining such a test „would be seriously detrimental to the achievement of the United States.