[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.