[House Document 114-142]
[From the U.S. Government Publishing Office]




114th Congress, 2d Session - - - - - - - - - House Document 114-142
 
 TEXT OF A PROPOSED AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED 
     STATES OF AMERICA AND NORWAY CONCERNING PEACEFUL USES OF 
                                  NUCLEAR ENERGY

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

    THE TEXT OF THE PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE 
 GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE 
 KINGDOM OF NORWAY CONCERNING PEACEFUL USES OF NUCLEAR ENERGY AND ALSO 
 THE PRESIDENT'S WRITTEN APPROVAL, AUTHORIZATION, AND DETERMINATION OF 
   THE PROPOSED AGREEMENT; AND AN UNCLASSIFIED NUCLEAR PROLIFERATION 
ASSESSMENT STATEMENT, PURSUANT TO 42 U.S.C. 2153(d); AUG. 1, 1946, CH. 
724, TITLE I, SEC. 123 (AS AMENDED BY PUBLIC LAW 109-401, SEC. 104(e)); 
                (120 STAT. 2734); AND 42 U.S.C. 2153(b)

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    June 15, 2016.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
         
         
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-011                         WASHINGTON : 2016          
         
         
         
         
         
         
         
         
         
         
         
         
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 Kingdom 
of Norway 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 proposed 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 Norway'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(w) of the National 
Security Act of 1947 (50 U.S.C. 3024(w)), 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 contains all the provisions required 
by section 123 a. of the Act, and provides a comprehensive 
framework for peaceful nuclear cooperation with Norway based on 
a mutual commitment to nuclear nonproliferation. It would 
permit the transfer of unclassified information, material, 
equipment (including reactors), and components for nuclear 
research and nuclear power production. Norway has no nuclear 
power program, and no current plans for establishing one, but 
the proposed Agreement would facilitate cooperation on such a 
program if Norway's plans change in the future. Norway does 
have an active nuclear research program and the focus of 
cooperation under the proposed Agreement, as under the previous 
agreement, is expected to be in the area of nuclear research. 
The proposed Agreement would not permit transfers of Restricted 
Data, sensitive nuclear technology, sensitive nuclear 
facilities or major critical components of such facilities.
    The proposed Agreement would provide advance, long-term 
(programmatic) consent to Norway for the retransfer for storage 
or reprocessing of irradiated nuclear material (spent fuel) 
subject to the Agreement to France, the United Kingdom, or 
other countries or destinations as may be agreed upon in 
writing. The United States has given similar advance consent to 
various other partners, including to Norway under the previous 
U.S.-Norway Peaceful Nuclear Cooperation Agreement that was in 
force from 1984 to 2014. The proposed Agreement would give the 
United States the option to revoke the advance consent if it 
considers that it cannot be continued without a significant 
increase of the risk of proliferation or without jeopardizing 
national security.
    The proposed Agreement will have a term of 30 years from 
the date of its entry into force, unless terminated by either 
party on 1 year's advance written notice. In the event of 
termination or expiration of the proposed Agreement, key 
nonproliferation conditions and controls will continue in 
effect as long as any material, equipment, or component subject 
to the proposed Agreement remains in the territory of the party 
concerned or under its jurisdiction or control anywhere, or 
until such time as the parties agree that such items are no 
longer usable for any nuclear activity relevant from the point 
of view of safeguards.
    Norway is a non-nuclear-weapon State party to the Treaty on 
the Non-Proliferation of Nuclear Weapons (NPT). Norway has 
concluded a safeguards agreement and additional protocol with 
the International Atomic Energy Agency. Norway 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. It is also a member of the Nuclear Suppliers Group, 
whose non-legally binding guidelines set forth standards for 
the responsible export of nuclear commodities for peaceful use. 
A more detailed discussion of Norway's domestic civil nuclear 
activities and its nuclear nonproliferation policies and 
practices is provided in the NPAS and the NPAS classified annex 
submitted to the Congress separately.
    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 
proposed 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 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, June 14, 2016.
    
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