    [House Document 113-86]
    [From the U.S. Government Publishing Office]

    113th Congress, 2d Session - - - - - - - - - - -  House Document 113-86

    TEXT OF A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE AMERICAN
    INSTITUTE IN TAIWAN AND THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE
                          OFFICE IN THE UNITED STATES

                                   __________

                                    MESSAGE

                                      from

                         THEPRESIDENTOFTHEUNITEDSTATES

                                  transmitting

    A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE AMERICAN INSTITUTE IN
     TAIWAN AND THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN
    THE UNITED STATES CONCERNING PEACEFUL USES OF NUCLEAR ENERGY, PURSUANT
                           TO 42 U.S.C. 2153(b), (d)

                     [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

       January 8, 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 American
    Institute in Taiwan (AIT) and the Taipei Economic and Cultural
    Representative Office in the United States (TECRO) 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 (NRC) stating the
    views of the Commission are also enclosed. An addendum to the
    NPAS containing a comprehensive analysis of the export control
    system of Taiwan 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 the authorities on Taiwan
    based on a mutual commitment to nuclear nonproliferation. The
    proposed Agreement has an indefinite term from the date of its
    entry-into-force, unless terminated by either party on 1 year's
    written notice. The proposed Agreement permits the transfer of
    information, material, equipment (including reactors), and
    components for nuclear research and nuclear power production.
    The Agreement also specifies cooperation shall be in accordance
    with the provisions of the Agreement and applicable legal
    obligations, including, as appropriate, treaties, international
    agreements, domestic laws, regulations, and/or licensing
    requirements (such as those imposed by the NRC in accordance
    with 10 CFR 110 and the Department of Energy in accordance with
    10 CFR 810). It does not permit transfers of Restricted Data,
    sensitive nuclear technology and facilities, or major critical
    components of such facilities. The proposed Agreement also
    prohibits the possession of sensitive nuclear facilities and
    any engagement in activities involving sensitive nuclear
    technology in the territory of the authorities represented by
    TECRO. In the event of termination of the proposed Agreement,
    key nonproliferation conditions and controls continue with
    respect to material, equipment, and components subject to the
    proposed Agreement.
        Over the last two decades, the authorities on Taiwan have
    established a reliable record on nonproliferation and on
    commitments to nonproliferation. While the political status of
    the authorities on Taiwan prevents them from formally acceding
    to multilateral nonproliferation treaties or agreements, the
    authorities on Taiwan have voluntarily assumed commitments to
    adhere to the provisions of multilateral treaties and
    initiatives. The Republic of China ratified the Treaty on the
    Non-Proliferation of Nuclear Weapons (NPT) in 1970 and ratified
    the Convention on the Prohibition of the Development,
    Production and Stockpiling of Bacteriological (Biological) and
    Toxin Weapons and on Their Destruction (the ``Biological
    Weapons Convention'' or ``BWC'') in 1972. The authorities on
    Taiwan have stated that they will continue to abide by the
    obligations of the NPT (i.e., those of a non-nuclear-weapon
    state) and the BWC, and the United States regards them as bound
    by both treaties. The authorities on Taiwan follow
    International Atomic Energy Agency standards and directives in
    their nuclear program, work closely with U.S. civilian nuclear
    authorities, and have established relationships with mainland
    Chinese civilian authorities with respect to nuclear safety. A
    more detailed discussion of the domestic civil nuclear
    activities and nuclear nonproliferation policies and practices
    of the authorities on Taiwan, including their nuclear export
    policies and practices, is provided in the NPAS and in a
    classified annex to the NPAS submitted separately. As noted
    above, an addendum to the NPAS containing a comprehensive
    analysis of the export control system of the authorities on
    Taiwan with respect to nuclear-related matters is being
    submitted to you separately by the Director of National
    Intelligence.
        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 the Congress to 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 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, January 7, 2014.

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                     Presidential Determination No. 2014-06

                                               The White House,
                                     Washington, DC, December 20, 2013.

    Memorandum for the Secretary of State, the Secretary of Energy.

    Subject: Proposed Agreement for Cooperation Between the American
            Institute in Taiwan and the Taipei Economic and Cultural
            Representative Office in the United States Concerning Peaceful
            Uses of Nuclear Energy

        I have considered the proposed Agreement for Cooperation
    Between the American Institute in Taiwan and the Taipei
    Economic and Cultural Representative Office in the United
    States 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.
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]