[House Document 113-109]
[From the U.S. Government Publishing Office]
113th Congress, 2d Session - - - - - - - - - - - - House Document 113-109
AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE US AND THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM 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 THE GOVERNMENT OF THE SOCIALIST
REPUBLIC OF VIETNAM CONCERNING PEACEFUL USES OF NUCLEAR ENERGY,
PURSUANT TO 42 U.S.C. 2153(b), (d)
May 9, 2014.--Message and accompanying papers referred to the Committee
on Foreign Affairs 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 ``Act''), the text of a
proposed Agreement for Cooperation between the Government of
the United States of America and the Government of the
Socialist Republic of Vietnam Concerning Peaceful Uses of
Nuclear Energy (the ``Agreement''). I am also pleased to
transmit my written approval, authorization, and determination
concerning the Agreement, and an unclassified Nuclear
Proliferation Assessment Statement (NPAS) concerning the
Agreement. (In accordance 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 National Intelligence,
summarizing relevant classified information, will be submitted
to the Congress separately.) The joint memorandum submitted to
me by the Secretaries of State and Energy and a letter from the
Chairman of the Nuclear Regulatory Commission stating the views
of the Commission are also enclosed. An addendum to the NPAS
containing a comprehensive analysis of Vietnam's export control
system with respect to nuclear-related matters, including
interactions with other countries of proliferation concern and
the actual or suspected nuclear, dual-use, or missile-related
transfers to such countries, pursuant to section 102A of the
National Security Act of 1947 (50 U.S.C. 403-1), as amended, is
being submitted separately by the Director of National
Intelligence.
The proposed Agreement has been negotiated in accordance
with the Act and other applicable law. In my judgment, it meets
all applicable statutory requirements and will advance the
nonproliferation and other foreign policy interests of the
United States.
The proposed Agreement provides a comprehensive framework
for peaceful nuclear cooperation with Vietnam based on a mutual
commitment to nuclear nonproliferation. Vietnam has affirmed
that it does not intend to seek to acquire sensitive fuel cycle
capabilities, but instead will rely upon the international
market in order to ensure a reliable nuclear fuel supply for
Vietnam. This political commitment by Vietnam has been
reaffirmed in the preamble of the proposed Agreement. The
Agreement also contains a legally binding provision that
prohibits Vietnam from enriching or reprocessing U.S.-origin
material without U.S. consent.
The proposed Agreement will have an initial term of 30
years from the date of its entry into force, and will continue
in force thereafter for additional periods of 5 years each.
Either party may terminate the Agreement on 6 months' advance
written notice at the end of the initial 30 year term or at the
end of any subsequent 5-year period. Additionally, either party
may terminate the Agreement on 1 year's written notice. I
recognize the importance of executive branch consultations with
the Congress regarding the status of the Agreement prior to the
end of the 30-year period after entry into force and prior to
the end of each 5-year period thereafter. To that end, it is my
strong recommendation that future administrations conduct such
consultations with the appropriate congressional committees at
the appropriate times.
The proposed Agreement permits the transfer of information,
material, equipment (including reactors), and components for
nuclear research and nuclear power production. It does not
permit transfers of Restricted Data, sensitive nuclear
technology, sensitive nuclear facilities, or major critical
components of such facilities. In the event of termination of
the Agreement, key nonproliferation conditions and controls
continue with respect to material, equipment, and components
subject to the Agreement.
Vietnam is a non-nuclear-weapon state party to the Treaty
on the Non-Proliferation of Nuclear Weapons. Vietnam has in
force a comprehensive safeguards agreement and an Additional
Protocol with the International Atomic Energy Agency. Vietnam
is a party to the Convention on the Physical Protection of
Nuclear Material, which establishes international standards of
physical protection for the use, storage, and transport of
nuclear material, and has ratified the 2005 Amendment to the
Convention. A more detailed discussion of Vietnam's intended
civil nuclear program and its nuclear nonproliferation policies
and practices, including its nuclear export policies and
practices, is provided in the NPAS and in a classified annex to
the NPAS submitted to you separately. As noted above, the
Director of National Intelligence will provide an addendum to
the NPAS containing a comprehensive analysis of Vietnam's
export control system with respect to nuclear-related matters.
I have considered the views and recommendations of the
interested departments and 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.
This transmission shall constitute a submittal for purposes
of both sections 123 b. and 123 d. of the Act. My
Administration is prepared to begin immediately the
consultations with the Senate Foreign Relations Committee and
the House Foreign Affairs Committee as provided for in section
123 b. Upon completion of the 30 days of continuous session
review provided for in section 123 b., the 60 days of
continuous session review provided for in section 123 d. shall
commence.
Barack Obama.
The White House, May 8, 2014.
[Presidential Determination No. 2014-08]
The White House,
Washington, February 24, 2014.
Memorandum for the Secretary of State, the Secretary of Energy.
SUBJECT: Proposed Agreement for Cooperation Between the Government of
the United States of America and the Government of the
Socialist Republic of Vietnam Concerning Peaceful Uses of
Nuclear Energy.
I have considered the proposed Agreement for Cooperation
Between the Government of the United States of America and the
Government of the Socialist Republic of Vietnam Concerning
Peaceful Uses of Nuclear Energy, along with the views,
recommendations, and statements of the interested agencies.
I have determined that the performance of the Agreement
will promote, and will not constitute an unreasonable risk to,
the common defense and security. Pursuant to section 123 b. of
the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b)),
I hereby approve the proposed Agreement and authorize the
Secretary of State to arrange for its execution.
The Secretary of State is authorized to publish this
determination in the Federal Register.
Barack Obama.