    [House Document 104-121]
    [From the U.S. Government Publishing Office]

    104th Congress, 1st Session - - - - - - - - - -  House Document 104-121

    AGREEMENT FOR COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND THE
      REPUBLIC OF SOUTH AFRICA CONCERNING PEACEFUL USES OF NUCLEAR ENERGY

                                   __________

                                    MESSAGE

                                      from

                       THE PRESIDENT OF THE UNITED STATES

                                  transmitting

      THE TEXT OF A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE UNITED
    STATES OF AMERICA AND THE REPUBLIC OF SOUTH AFRICA CONCERNING PEACEFUL
      USES OF NUCLEAR ENERGY, WITH ACCOMPANYING ANNEX AND AGREED MINUTE,
                     PURSUANT TO 42 U.S.C. 2153 (b) AND (d)

     September 29, 1995.--Message and accompanying papers referred to the
         Committee on International Relations and ordered to be printed
    To the Congress of the United States:
        I am pleased to transmit to the Congress, pursuant to
    sections 123 b. and 123 d. of the Atomic Energy Act of 1954, as
    amended (42 U.S.C. 2153(b), (d)), the text of a proposed
    Agreement for Cooperation Between the United States of America
    and the Republic of South Africa Concerning Peaceful Uses of
    Nuclear Energy, with accompanying annex and agreed minute. I am
    also pleased to transmit my written approval, authorization,
    and determination concerning the agreement, and the memorandum
    of the Director of the United States Arms Control and
    Disarmament Agency with the Nuclear Proliferation Assessment
    Statement concerning the agreement. The joint memorandum
    submitted to me by the Acting Secretary of State and the
    Secretary of Energy, which includes a summary of the provisions
    of the agreement and various other attachments, including
    agency views, is also enclosed.
        The proposed agreement with the Republic of South Africa
    has been negotiated in accordance with the Atomic Energy Act of
    1954, as amended by the Nuclear Non-Proliferation Act of 1978
    (NNPA) and as otherwise amended. In my judgment, the proposed
    agreement meets all statutory requirements and will advance the
    non-proliferation and other foreign policy interests of the
    United States. It provides a comprehensive framework for
    peaceful nuclear cooperation between the United States and
    South Africa under appropriate conditions and controls
    reflecting a strong common commitment to nuclear non-
    proliferation goals.
        The proposed new agreement will replace an existing U.S.-
    South Africa agreement for peaceful nuclear cooperation that
    entered into force on August 22, 1957, and by its terms would
    expire on August 22, 2007. The United States suspended
    cooperation with South Africa under the 1957 agreement in the
    1970's because of evidence that South Africa was embarked on a
    nuclear weapons program. Moreover, following passage of the
    NNPA in 1978, South Africa did not satisfy a provision of
    section 128 of the Atomic Energy Act (added by the NNPA) that
    requires full-scope IAEA safeguards in non-nuclear weapon
    states such as South Africa as a condition for continued
    significant U.S. nuclear exports.
        In July 1991 South Africa, in a momentous policy reversal,
    acceded to the Treaty on the Non-Proliferation of Nuclear
    Weapons (NPT) and promptly entered into a full-scope safeguards
    agreement with the IAEA as required by the Treaty. South Africa
    has been fully cooperative with the IAEA in carrying out its
    safeguards responsibilities.
        Further, in March 1993 South Africa took the dramatic and
    candid step of revealing the existence of its past nuclear
    weapons program and reported that it has dismantled all of its
    six nuclear devices prior to its accession to the NPT. It also
    invited the IAEA to inspect its formerly nuclear weapons-
    related facilities to demonstrate the openness of its nuclear
    program and its genuine commitment to non-proliferation.
        South Africa has also taken a number of additional
    important non-proliferation steps. In July 1993 it put into
    effect a law banning all weapons of mass destruction. In April
    1995 it became a member of the Nuclear Suppliers Groups (NSG),
    formally committing itself to abide by the NSG's stringent
    guidelines for nuclear exports. At the 1995 NPT Review and
    Extension Conference it played a decisive role in the
    achievement of indefinite NPT extension--a top U.S. foreign
    policy and national security goal.
        These steps are strong and compelling evidence that South
    Africa is now firmly committed to stopping the spread of
    weapons of mass destruction and to conducting its nuclear
    program for peaceful purposes only.
        In view of South Africa's fundamental reorientation of its
    nuclear program, the United States proposes to enter into a new
    agreement for peaceful nuclear cooperation with South Africa.
    Although cooperation could have been resumed under the 1957
    agreement, both we and South Africa believe that it is
    preferable to have a new agreement completely satisfying, as
    the proposed new agreement does, the current legal and policy
    criteria of both sides, and that reflects, among other things:
              Additional international non-proliferation
            commitments entered into by the parties since 1974,
            when the old agreement was last amended, including, for
            South Africa, its adherence to the Treaty on the Non-
            Proliferation of Nuclear Weapons;
              Reciprocity in the application of the terms and
            conditions of cooperation between the parties; and
              An updating of terms and conditions to take account
            of intervening changes in the respective domestic legal
            and regulatory frameworks of the parties in the area of
            peaceful nuclear cooperation.
        For the United States, the proposed new agreement also
    represents an additional instance of compliance with section
    404(a) of the NNPA, which calls for an effort to renegotiate
    existing agreements for cooperation to include the more
    stringent requirements established by the NNPA.
        The proposed new agreement with South Africa permits the
    transfer of technology, material, equipment (including
    reactors), and components for nuclear research and nuclear
    power production. It provides for U.S. consent rights to
    retransfers, enrichment, and reprocessing as required by U.S.
    law. It does not permit transfers of any sensitive nuclear
    technology, restricted data, or sensitive nuclear facilities or
    major critical components thereof. In the event of termination,
    key conditions and controls continue with respect to material
    and equipment subject to the agreement.
        From the United States perspective the proposed new
    agreement improves on the 1957 agreement by the addition of a
    number of important provisions. These include the provisions
    for full-scope safeguard; perpetuity of safeguards; a ban on
    ``peaceful'' nuclear explosives; a right to require the return
    of exported nuclear items in certain circumstances; a guarantee
    of adequate physical security; and a consent right to
    enrichment of nuclear material subject to the agreement.
        I have considered the views and recommendations of the
    interested 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 agreement and
    authorized its execution and urge that the Congress give it
    favorable consideration.
        Because this agreement meets all applicable requirements of
    the Atomic Energy Act, as amended, for agreements for peaceful
    nuclear cooperation, I am transmitting it to the Congress
    without exempting it from any requirement contained in section
    123 a. of that Act. This transmission shall constitute a
    submittal for purposes of both sections 123 b. and 123 d. of
    the Atomic Energy Act. The Administration is prepared to begin
    immediately the consultations with the Senate Foreign Relations
    and House International Relations Committees as provided in
    section 123 b. Upon completion of the 30-day continuous session
    period provided for in section 123 b., the 60-day continuous
    session period provided for in section 123 d. shall commence.

                                                    William J. Clinton.
        The White House, September 29, 1995.