[House Document 108-169]
[From the U.S. Government Publishing Office]




108th Congress, 2d Session - - - - - - - - - - - - House Document 108-169
 
 PROPOSED PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION BETWEEN THE 
     UNITED STATES AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

THE TEXT OF A PROPOSED PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION 
    BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 
  GOVERNMENT OF THE REPUBLIC OF INDONESIA CONCERNING PEACEFUL USES OF 
           NUCLEAR ENERGY, PURSUANT TO 42 U.S.C. 2153(b), (d)




    March 4, 2004.--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, consistent with 
sections 123 b. and 123 d. of the Atomic Energy Act of 1954, as 
amended (42 U.S.C. 2153(b), (d)) the (the ``Act''), the text of 
a proposed Protocol Amending the Agreement for Cooperation 
Between the Government of the United States of America and the 
Government of the Republic of Indonesia Concerning Peaceful 
Used of Nuclear Energy, signed at Washington on June 30, 1980. 
I also transmit my written approval, authorization, and 
determination concerning the Protocol, and an unclassified 
Nuclear Proliferation Assessment Statement (NPAS) concerning 
the Protocol. (Consistent with section 123 of the Act, as 
amended by title XII of the Foreign Affairs Reform and 
Restructuring Act of 1998 (Public Law 105-277), a classified 
Annex to the NPAS, prepared by the Secretary of State in 
consultation with the Director of Central Intelligence, 
summarizing relevant classified information, will be submitted 
to the Congress separately.) The joint memorandum submitted to 
me by the Secretary of State and the Secretary of Energy and a 
letter from the Chairman of the Nuclear Regulatory Commission 
stating the views of the Commission are also enclosed.
    I am advised that the proposed Protocol has been negotiated 
consistent with the Act and other applicable law and that it 
meets all statutory requirements. This Protocol will advance 
the nonproliferation and other foreign policy interests of the 
United States.
    The Protocol amends the Agreement for Cooperation Between 
the Government of the United States of America and the 
Government of the Republic of Indonesia Concerning Peaceful 
Uses of Nuclear Energy in two respects:
          1. It extends the Agreement, which expired by its 
        terms on December 30, 2001, until December 30, 2031, 
        with effect from the former date; and
          2. It updates certain provisions of the Agreement 
        relating to the physical protection of nuclear material 
        subject to the Agreement.
    As amended by the proposed Protocol, the Agreement will 
continue to meet all requirements of U.S. law.
    Indonesia is a party to the Treaty on the Non-Proliferation 
of Nuclear Weapons (NPT) and has an agreement with the IAEA for 
the application of full-scope safeguards to its nuclear 
program. It was also among the early sponsors of, and is a 
current party to, the Southeast Asia Nuclear Weapons Free Zone. 
The United States and Indonesia have had a long and positive 
history of cooperation in the peaceful uses of nuclear energy, 
with our earliest agreement for this purpose dating back to 
1960.
    I have considered the views and recommendations of the 
interested agencies in reviewing the proposed Protocol 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 Protocol and 
authorized its execution and urge that the Congress give it 
favorable consideration.
    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 Committee and 
House International Relations Committee consistent with 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.

                                                    George W. Bush.
    The White House, March 4, 2004.
    
    
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