[House Document 105-184]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session  - - - - - - - - - - House Document 105-184


 
  PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE U.S. AND THE SWISS 
                            FEDERAL COUNCIL

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

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





  January 28, 1998.--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 Government of the United 
States of America and the Swiss Federal Council Concerning 
Peaceful Uses of Nuclear Energy, with accompanying agreed 
minute, annexes, and other attachments. 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 
Secretary of State and the Secretary of Energy, which includes 
a summary of the provisions of the agreement and other 
attachments, including the views of the Nuclear Regulatory 
Commission, is also enclosed.
    The proposed new agreement with Switzerland 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. It replaces an earlier agreement with 
Switzerland signed December 30, 1965, which expired by its 
terms August 8, 1996. The proposed new agreement will provide 
an updated, comprehensive framework for peaceful nuclear 
cooperation between the United States and Switzerland, will 
facilitate such cooperation, and will establish strengthened 
nonproliferation conditions and controls including all those 
required by the NNPA. The new agreement provides for the 
transfer of moderator material, nuclear material, and equipment 
for both nuclear research and nuclear power purposes. It does 
not provide for transfers under the agreement of any sensitive 
nuclear technology (SNT). (U.S. law permits SNT to be 
transferred outside the coverage of an agreement for 
cooperation provided that certain other conditions are 
satisfied. However, the Administration has no plans to transfer 
SNT to Switzerland outside the agreement.)
    The proposed agreement has an initial term of 30 years, and 
will continue in force indefinitely thereafter in increments of 
5 years each until terminated in accordance with its 
provisions. In the event of termination, key nonproliferation 
conditions and controls, including guarantees of safeguards, 
peaceful use and adequate physical protection, and the U.S. 
right to approve retransfers to third parties, will remain 
effective with respect to transferred moderator materials, 
nuclear materials, and equipment, as well as nuclear material 
produced through their use. The agreement also establishes 
procedures for determining the survival of additional controls.
    Switzerland has strong nonproliferation credentials. It is 
a party to the Treaty on the Non-Proliferation of Nuclear 
Weapons (NPT) and has an agreement with the International 
Atomic Energy Agency (IAEA) for the application of full-scope 
IAEA safeguards within its territory. In negotiating the 
proposed agreement, the United States and Switzerland took 
special care to elaborate a preamble setting forth in specific 
detail the broad commonality of our shared nonproliferation 
commitments and goals.
    The proposed new agreement provides for very stringent 
controls over certain fuel cycle activities, including 
enrichment, reprocessing, and alteration in form or content and 
storage of plutonium and other sensitive nuclear materials. The 
United States and Switzerland have accepted these controls on a 
reciprocal basis, not as a sign of either Party's distrust of 
the other, and not for the purpose of interfering with each 
other's fuel cycle choices, which are for each Party to 
determine for itself, but rather as a reflection of ourcommon 
conviction that the provisions in question represent an important norm 
for peaceful nuclear commerce.
    In view of the strong commitment of Switzerland to the 
international nonproliferation regime, the comprehensive 
nonproliferation commitments that Switzerland has made, the 
advanced technological character of the Swiss civil nuclear 
program, the long history of U.S.-Swiss cooperation in the 
peaceful uses of nuclear energy without any risk of 
proliferation, and the long-standing close and harmonious 
political relationship between Switzerland and the United 
States, the proposed new agreement provides to Switzerland 
advance, long-term U.S. approval for retransfers to specified 
facilities in the European Atomic Energy Community (EURATOM) of 
nuclear material subject to the agreement for reprocessing, 
alteration in form or content, and storage, and for the return 
to Switzerland of recovered nuclear materials, including 
plutonium, for use or storage at specified Swiss facilities. 
The proposed agreement also provides advance, long-term U.S. 
approval for retransfers from Switzerland of source material, 
uranium (other than high enriched uranium), moderator material, 
and equipment to a list of countries and groups of countries 
acceptable to the United States. Any advance, long-term 
approval may be suspended or terminated if it ceases to meet 
the criteria set out in U.S. law, including criteria relating 
to safeguards and physical protection.
    In providing advance, long-term approval for certain 
nuclear fuel cycle activities, the proposed agreement has 
features similar to those in several other agreements for 
cooperation that the United States has entered into subsequent 
to enactment of the NNPA. These include U.S. agreements with 
Japan and EURATOM. Among the documents I am transmitting 
herewith to the Congress is an analysis of the advance, long-
term approvals contained in the proposed U.S. agreement with 
Switzerland. The analysis concludes that the approvals meet all 
requirements of the Atomic Energy Act, as amended.
    I believe that the proposed agreement for cooperation with 
Switzerland will make an important contribution to achieving 
our nonproliferation, trade, and other significant foreign 
policy goals.
    In particular, I am convinced that this agreement will 
strengthen the international nuclear nonproliferation regime, 
support of which is a fundamental objective of U.S. national 
security and foreign policy, by setting a high standard for 
rigorous nonproliferation conditions and controls.
    Because the agreement contains all the consent rights and 
guarantees required by current U.S. law, it represents a 
substantial upgrading of the U.S. controls in the recently-
expired 1965 agreement with Switzerland.
    I believe that the new agreement will also demonstrate the 
U.S. intention to be a reliable nuclear trading partner with 
Switzerland, and thus help ensure the continuation and, I hope, 
growth of U.S. civil nuclear exports to Switzerland.
    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 the 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, January 28, 1998.





                                
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