Joining the alliance is not enough to share restricted atomic information — a separate presidential determination
The President approved an agreement authorizing the exchange of restricted atomic information between the United States and Finland and Sweden within the NATO context. The Atomic Energy Act requires presidential approval before such information is shared.
Document overview (primary data)
- Document typePresidential document
- AgencyExecutive Office of the President
- Citation91 FR 55231
Key points
- The President approved an agreement to exchange restricted atomic information with Finland and Sweden within the NATO context.
- The basis is sections 123 and 144 b. of the Atomic Energy Act of 1954, which require presidential approval for such sharing.
- Joining an alliance and becoming able to share restricted atomic information are separate procedures.
- A presidential determination carries a number and usually takes the form of a memorandum to a particular secretary.
- Of the 63 presidential documents this site holds as of 2026-09-02, 8 are determinations.
1Information has categories too
Among information about nuclear matters, that bearing on weapon design and the production of nuclear material receives special treatment in United States law. The Atomic Energy Act of 1954 calls it Restricted Data and sets a distinct procedure for sharing it with other countries — a framework separate from ordinary classification.
What this determination handles is an agreement allowing that Restricted Data and Formerly Restricted Data to be exchanged with particular countries. Section 123 governs agreements for cooperation with other nations, and section 144 b. governs communication of Restricted Data.
2Alliance and information sharing are separate steps
- 1Joining the treatyA country accedes to the North Atlantic Treaty Organization
- 2Not sufficient by itselfSharing restricted atomic information does not follow automatically
- 3Concluding an agreementAn agreement for cooperation to exchange information within the NATO context
- 4Presidential approvalThe President issues a determination approving it under the Atomic Energy Act
Joining an alliance and becoming able to share restricted atomic information are separate procedures. Finland and Sweden joined NATO recently, and this determination is the individual step that follows. Entering a collective defence framework leaves what may be shared, and how far, to be settled under domestic law.
3The form of a determination
A presidential determination is one subtype of presidential document. It carries a number and usually takes the form of a memorandum addressed to a particular secretary, as this one does. Of the 63 presidential documents this site holds as of 2026-09-02, 8 are determinations.
They arise wherever a particular statute makes a presidential judgment a precondition — under the Defense Production Act, or for continuing assistance to another country, among others.
4Statutes that require a presidential judgment
Many statutes require a presidential determination before an action may proceed. Reserving the judgment to the President rather than an agency head marks, institutionally, the weight of the action. Sharing atomic information is a clear case, requiring a separate determination for each partner.
Why it matters
Alliance membership and the scope of information sharing do not coincide automatically, each partner requiring its own domestic procedure. International transfer of technical information is managed in a layer distinct from treaties.
FAQ
What is Restricted Data?
Can allies share it automatically?
Sources (primary)
Source: Federal Register (federal documents, public domain). Links go to the official site.