[Congressional Record Volume 161, Number 58 (Tuesday, April 21, 2015)]
[House]
[Pages H2343-H2344]
AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--MESSAGE FROM THE PRESIDENT
OF THE UNITED STATES (H. DOC. NO. 114-28)
The SPEAKER pro tempore laid before the House the following message
from the President of the United States; which was read and, together
with the accompanying papers, referred to the Committee on Foreign
Affairs and ordered to be printed:
To the Congress of the United States:
I am pleased to transmit to the Congress, pursuant to subsections 123
b. and 123 d. of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2153(b), (d)) (the ``Act''), the text of a proposed Agreement for
Cooperation Between the Government of the United States of America and
the Government of the People's Republic of China Concerning Peaceful
Uses of Nuclear Energy (the ``Agreement''). I am also pleased to
transmit my written approval, authorization, and determination
concerning the Agreement, and an unclassified Nuclear Proliferation
Assessment Statement (NPAS) concerning the Agreement. (In accordance
with section 123 of the Act, as amended by Title XII of the Foreign
Affairs Reform and Restructuring Act of 1998 (Public Law 105-277), two
classified annexes to the NPAS, prepared by the Secretary of State, in
consultation with the Director of National Intelligence, summarizing
relevant classified information, will be submitted to the Congress
separately.) The joint memorandum submitted to me by the Secretaries of
State and Energy and a letter from the Chairman of the Nuclear
Regulatory Commission stating the views of the Commission are also
enclosed. An addendum to the NPAS containing a comprehensive analysis
of China's export control system with respect to nuclear-related
matters, including interactions with other countries of proliferation
concern and the actual or suspected nuclear, dual-use, or missile-
related transfers to such countries, pursuant to section 102A(w) of the
National Security Act of 1947 (50 U.S.C. 3024(w)), is being submitted
separately by the Director of National Intelligence.
The proposed Agreement has been negotiated in accordance with the Act
and other applicable law. In my judgment, it meets all applicable
statutory requirements and will advance the nonproliferation and other
foreign policy interests of the United States.
The proposed Agreement provides a comprehensive framework for
peaceful
[[Page H2344]]
nuclear cooperation with China based on a mutual commitment to nuclear
nonproliferation. It would permit the transfer of material, equipment
(including reactors), components, information, and technology for
nuclear research and nuclear power production. It does not permit
transfers of any Restricted Data. Transfers of sensitive nuclear
technology, sensitive nuclear facilities, and major critical components
of such facilities may only occur if the Agreement is amended to cover
such transfers. In the event of termination, key nonproliferation
conditions and controls continue with respect to material, equipment,
and components subject to the Agreement.
The proposed Agreement would obligate the United States and China to
work together to enhance their efforts to familiarize commercial
entities in their respective countries about the requirements of the
Agreement as well as national export controls and policies applicable
to exports and imports subject to the Agreement. It would have a term
of 30 years from the date of its entry into force. Either party may
terminate the proposed Agreement on at least 1 year's written notice to
the other party.
Since the 1980s, China has become a party to several nonproliferation
treaties and conventions and worked to bring its domestic export
control authorities in line with international standards. China joined
the Treaty on the Non-Proliferation of Nuclear Weapons in 1992 as a
nuclear weapon state, brought into force an Additional Protocol to its
International Atomic Energy Agency safeguards agreement in 2002, and
joined the Nuclear Suppliers Group in 2004. China is a party to the
Convention on the Physical Protection of Nuclear Material, which
establishes international standards of physical protection for use,
storage, and transport of nuclear material, and has ratified the 2005
Amendment to the Convention. A more detailed discussion of China's
civil nuclear program and its nuclear nonproliferation policies and
practices, including its nuclear export policies and practices, is
provided in the NPAS and in two classified annexes to the NPAS
submitted to you separately. As noted above, the Director of National
Intelligence will provide an addendum to the NPAS containing a
comprehensive analysis of the export control system of China with
respect to nuclear-related matters.
I have considered the views and recommendations of the interested
departments and agencies in reviewing the proposed Agreement and have
determined that its performance will promote, and will not constitute
an unreasonable risk to, the common defense and security. Accordingly,
I have approved the proposed Agreement and authorized its execution and
urge that the Congress give it favorable consideration.
This transmission shall constitute a submittal for purposes of both
sections 123 b. and 123 d. of the Act. My Administration is prepared to
begin immediately the consultations with the Senate Foreign Relations
Committee and the House Foreign Affairs Committee as provided in
section 123 b. Upon completion of the 30 days of continuous session
review provided for in section 123 b., the 60 days of continuous
session review provided for in section 123 d. shall commence.
Barack Obama.
The White House, April 21, 2015.
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