[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)
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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.
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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.
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