[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)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
[all]