[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.

    

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