[House Document 113-109]
[From the U.S. Government Printing 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.