; or (2) has not ratified or acceded to the amendment to the Convention on the Physical Protection of Nuclear Material, adopted at Vienna October 26, 1979, and opened for signature at New York March 3, 1980 (TIAS 11080), described in the information circular of the International Atomic Energy Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS 16–508). (d) Items described An item referred to in subsection (b) includes— (1) unirradiated nuclear fuel containing special nuclear material (as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 )), excluding low-enriched uranium; (2) a nuclear reactor that uses nuclear fuel described in paragraph (1); and (3) any plant or component listed in Appendix I to part 110 of title 10, Code of Federal Regulations (or successor regulations), that is involved in— (A) the reprocessing of irradiated nuclear reactor fuel elements; (B) the separation of plutonium; or (C) the separation of the uranium-233 isotope. (e) Notification If the Commission makes a determination under subsection (b) that the transfer of any item described in subsection (d) to a country described in subsection (c) will not be inimical to the common defense and security of the United States, the Commission shall notify the appropriate committees of Congress. 104. Coordinated international engagement (a) Definitions In this section: (1) Embarking civil nuclear energy nation (A) In general The term embarking civil nuclear energy nation means a country that— (i) (I) does not have a civil nuclear program; (II) is in the process of developing or expanding a civil nuclear program, including safeguards and a legal and regulatory framework; or (III) is in the process of selecting, developing, constructing, or utilizing an advanced nuclear reactor or advanced civil nuclear technologies; and (ii) is eligible to receive development lending from the World Bank. (B) Exclusions The term embarking civil nuclear energy nation does not include— (i) the People’s Republic of China