[House Document 105-248]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session - - - - - - - - - - - House Document 105-248


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





    April 6, 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 United States of America 
and Ukraine 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 
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 Ukraine has been negotiated in 
accordance with the Atomic Energy Act of 1954, as amended by 
the Nuclear Non-Proliferation Act of 1978 and as otherwise 
amended. In my judgment, the proposed agreement meets all 
statutory requirements and will advance the nonproliferation 
and other foreign policy interests of the United States. The 
agreement provides a comprehensive framework for peaceful 
nuclear cooperation between the United States and Ukraine under 
appropriate conditions and controls reflecting our common 
commitment to nuclear nonproliferation goals.
    The proposed new agreement with Ukraine 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 of such facilities. In the event of 
termination, key conditions and controls continue with respect 
to material and equipment subject to the agreement.
    Ukraine is a nonnuclear weapon state party to the Treaty on 
the Nonproliferation of Nuclear Weapons (NPT). Following the 
dissolution of the Soviet Union, Ukraine agreed to the removal 
of all nuclear weapons from its territory. It has a full-scope 
safeguards agreement in force with the International Atomic 
Energy Agency (IAEA) to implement its safeguards obligations 
under the NPT. Ukraine was accepted as a member of the Nuclear 
Suppliers Group in April 1996, and as a member of the NPT 
Exporters Committee (Zangger Committee) in May 1997.
    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. My 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 provided for in section 123 d. shall commence.

                                                William J. Clinton.
    The White House, May 6, 1998.





                                
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