[House Document 105-197]
[From the U.S. Government Publishing Office]
105th Congress, 2d Session - - - - - - - - - - House Document 105-197
AGREEMENT FOR NUCLEAR COOPERATION BETWEEN THE UNITED STATES AND CHINA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT RELATING TO THE APPROVAL AND IMPLEMENTATION OF THE AGREEMENT
FOR NUCLEAR COOPERATION BETWEEN THE UNITED STATES AND THE PEOPLE'S
REPUBLIC OF CHINA, PURSUANT TO 42 U.S.C. 2153(d)
February 3, 1998.--Referred to the Committee on International Relations
and ordered to be printed
The White House,
Washington, January 12, 1998.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I am writing to you with respect to
sections (b)(1) and (b)(2) of Public Law 99-183, relating to
the approval and implementation of the Agreement for Nuclear
Cooperation Between the United States and the People's Republic
of China, and with respect to section 902(a)(6)(B) of Public
Law 101-246. The sections of Public Law 99-183 cited above
require certifications to the Congress and a report to the
Speaker of the House of Representatives and the Chairman of the
Committee on Foreign Relations of the Senate before exports or
retransfers to China under the Agreement may begin. Sections
902(a)(6)(B) (i), (ii) and (iii) of Public Law 101-246 require
a certification to the Congress and report to the Congress
before terminating the suspensions and automatic disapprovals
of nuclear cooperation with China.
I have made the certifications pursuant to section (b)(1)
of Public Law 99-183 and section 902(a)(6)(B)(i) of Public Law
101-246, a copy of which is enclosed. The certifications
pursuant to section (b)(1) of Public Law 99-183 satisfy the
condition under section 902(a)(6)(B)(ii). Submitted herewith,
in accordance with the requirements of section (b)(2) of Public
Law 99-183, is a report in unclassified form detailing the
history and current developments in the nonproliferation
policies, practices and assurances of the People's Republic of
China. Because of the information controls that apply to the
classified report, I am transmitting it by separate letter to
the House Permanent Select Committee on Intelligence and the
Senate Select Committee on Intelligence.
In accordance with Public Law 99-183, I have certified as
to three matters:
(A) That the reciprocal arrangements made pursuant to
Article 8 of the Agreement have been designed to be effective
in ensuring that any nuclear material, facilities or components
provided under the Agreement shall be utilized solely for
intended peaceful purposes as set forth in the Agreement.
The arrangements for exchanges of information and
visits are provided for in a Memorandum of
Understanding initialed on June 23, 1987. Side notes on
protection of business confidential information were
signed on October 22, 1997. These documents, along with
a detailed explanation of my certification, are
enclosed. These arrangements will provide the United
States with the right to obtain all the information
necessary to maintain an inventory of the items subject
to the Agreement. This will include information on the
operation of facilities subject to the Agreement, the
isotopic composition, physical form and quantity of
material subject to the Agreement and the places where
items subject to the Agreement are used or kept. The
arrangements also provide the United States with the
right to confirm through on-site visits the use of all
items subject to the Agreement. Finally, the
arrangements apply as long as the provisions of Article
8(2) of the Agreement continue in effect, that is, as
long as items subject to the Agreement remain in
China's territory or under its jurisdiction or control.
My determination that these arrangements have been
designed to be effective in ensuring that items
provided under the Agreement are utilized for intended
peaceful purposes is based on consideration of a range
of factors, including the limited scope of nuclear
cooperation permitted under the Agreement, U.S. export-
control procedures that will apply to any transfers to
China under the Agreement, the fact that the People's
Republic of China is a nuclear-weapons state and that
the safeguards of the International Atomic Energy
Agency (IAEA) or their equivalent are not required by
the Atomic Energy Act for agreements for cooperation
with nuclear weapon states. These arrangements will be
published in the Federal Register using the procedure
applicable to subsequent arrangements under section
131(a) of the Atomic Energy Act.
(B) That the Government of the People's Republic of China
has provided additional information concerning its nuclear
nonproliferation policies and that, based on this and all other
information available to the United States Government, the
People's Republic of China is not in violation of paragraph (2)
of section 129 of the Atomic Energy Act of 1954.
The United States Government has received additional
information from the People's Republic of China
concerning its nonproliferation policies since the
enactment of Public Law 99-183 on December 16, 1985,
most recently, China's May 1996 statement, its May 1997
State Council Notice on nuclear export policy and its
September 1997 nuclear export control regulations (all
of which are discussed in the enclosed unclassified
report on China's nonproliferation policies and
practices). On the basis of this and all other
information available to the United States Government,
I conclude that there is no legal bar to cooperation in
this area, and, in particular, that paragraph (2) of
section 129 of the Atomic Energy Act does not foreclose
nuclear cooperation. The Government of the People's
Republic of China has made substantial strides in
joining the international nonproliferation regime, and
in putting in place a comprehensive system of nuclear-
related, nationwide export controls, since the nuclear
cooperation agreement was concluded in 1985. I believe
the initiation of cooperation under the Agreement will
bring significant nonproliferation benefits to the
United States.
(C) That the obligation to consider favorably a request to
carry out activities described in Article 5(2) of the Agreement
shall not prejudice the decision of the United States to
approve or disapprove such a request.
The U.S. consent rights provided for in Article 5(2)
of the Agreement satisfy this standard because the
specific language used ensures that the United States
must exercise an approval right before the activity in
question is carried out. During Congressional
consideration of the Agreement, the executive branch
provided both the Senate Foreign Relations Committee
and the House Foreign Affairs Committee with a legal
memorandum on issues relating to the Agreement which
covered this point in detail.
In accordance with Public Law 101-246, I have certified
that China has provided clear and unequivocal assurances to the
United States that it is not assisting and will not assist any
nonnuclear-weapon state, either directly or indirectly, in
acquiring nuclear explosive devices or the material and
components for such devices. This certification is based on the
statements, policies, and actions by China that were discussed
above in connection with the certification under section
(b)(1)(A) of Public Law 99-183.
Pursuant to the authority vested in me by section 902(b)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991 (Public Law 101-246), I hereby report to the Congress
that it is in the national interest of the United States to
terminate the suspensions and automatic disapprovals under
section 902(a)(6). A document discussing the rationale for this
report is enclosed. I believe the Agreement will have a
significant, positive impact in promoting U.S. nonproliferation
and national security interests with China and in building a
stronger bilateral relationship with China based on respect for
international norms.
This report under section 902(b)(2) satisfies the condition
under section 902(a)(6)(B)(iii).
With the submission of the certifications and reports
called for by Public Law 99-183 and Public Law 101-246, I am
pleased that the process is underway to begin nuclear
cooperation with China.
Sincerely,
William J. Clinton.
Enclosures:
1. Presidential Determination.
2. Unclassified Report on China's Nonproliferation
Policies, Practices and Assurances Required by Public Law 99-
103.
3. U.S.-PRC Memorandum of Understanding on Exchanges of
Information and Visits and Side Notes on Protection of Business
Confidential Information.
4. Basis for certification under section (b)(1)(A) of
Public Law 99-183.
5. Rationale for Report Required by Public Law 101-246.
Presidential Determination No. 98-10
The White House,
Washington, January 12, 1998.
Memorandum for the Secretary of State
Subject: Certification Pursuant to Section (b)(1) of Public Law 99-183
and to Section 902 (a)(6)(B) of Public Law 101-246
Pursuant to section (b)(1) of Public Law 99-183 of December
16, 1985, relating to the approval and implementation of the
Agreement for Cooperation Between the United States and the
People's Republic of China, I hereby certify that:
(A) the reciprocal arrangements made pursuant to
Article 8 of the Agreement have been designed to be
effective in ensuring that any nuclear material,
facilities, or components provided under the Agreement
shall be utilized solely for intended peaceful purposes
as set forth in the Agreement;
(B) the Government of the People's Republic of China
has provided additional information concerning its
nuclear non-proliferation policies and that, based on
this and all other information available to the United
States Government, the People's Republic of China is
not in violation of paragraph (2) of section 129 of the
Atomic Energy Act of 1954; and
(C) the obligation to consider favorably a request to
carry out activities described in Article 5(2) of the
Agreement shall not prejudice the decision of the
United States to approve or disapprove such a request.
Pursuant to section 902(a)(6)(B)(i) of Public Law 101-246,
I hereby certify that the People's Republic of China has
provided clear and unequivocal assurances to the United States
that it is not assisting and will not assist any nonnuclear-
weapon state, either directly or indirectly, in acquiring
nuclear explosive devices or the material and components for
such devices.
You are authorized and directed to publish this
determination in the Federal Register.
William J. Clinton.