    [House Document 114-28]
    [From the U.S. Government Publishing Office]

    114th Congress, 1st Session - - - - - - - - - - House Document 114-28
    _____________________________________________________________________

       TEXT OF A PROPOSED AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED
        STATES OF AMERICA AND THE PEOPLE'S REPUBLIC OF CHINA 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 PEOPLE'S
    REPUBLIC OF CHINA CONCERNING PEACEFUL USES OF NUCLEAR ENERGY, PURSUANT
     TO SUBSECTIONS 123 b. AND 123 d. OF THE ATOMIC ENERGY ACT OF 1954, AS
                        AMENDED (42 U.S.C. 2153(b), (d))

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       April 22, 2015.--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
    subsections 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 People's
    Republic of China 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), two classified annexes 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 China'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 provides a comprehensive framework
    for peaceful nuclear cooperation with China based on a mutual
    commitment to nuclear nonproliferation. It would permit the
    transfer of material, equipment (including reactors),
    components, information, and technology for nuclear research
    and nuclear power production. It does not permit transfers of
    any Restricted Data. Transfers of sensitive nuclear technology,
    sensitive nuclear facilities, and major critical components of
    such facilities may only occur if the Agreement is amended to
    cover such transfers. In the event of termination, key
    nonproliferation conditions and controls continue with respect
    to material, equipment, and components subject to the
    Agreement.
        The proposed Agreement would obligate the United States and
    China to work together to enhance their efforts to familiarize
    commercial entities in their respective countries about the
    requirements of the Agreement as well as national export
    controls and policies applicable to exports and imports subject
    to the Agreement. It would have a term of 30 years from the
    date of its entry into force. Either party may terminate the
    proposed Agreement on at least 1 year's written notice to the
    other party.
        Since the 1980s, China has become a party to several
    nonproliferation treaties and conventions and worked to bring
    its domestic export control authorities in line with
    international standards. China joined the Treaty on the Non-
    Proliferation of Nuclear Weapons in 1992 as a nuclear weapon
    state, brought into force an Additional Protocol to its
    International Atomic Energy Agency safeguards agreement in
    2002, and joined the Nuclear Suppliers Group in 2004. China is
    a party to the Convention on the Physical Protection of Nuclear
    Material, which establishes international standards of physical
    protection for use, storage, and transport of nuclear material,
    and has ratified the 2005 Amendment to the Convention. A more
    detailed discussion of China's civil nuclear program and its
    nuclear nonproliferation policies and practices, including its
    nuclear export policies and practices, is provided in the NPAS
    and in two classified annexes 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 the export control system of China
    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
    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 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, April 21, 2015.

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                    [Presidential Determination No. 2015-05]

                                               The White House,
                                            Washington, April 10, 2015.
    Memorandum for the Secretary of State, the Secretary of Energy.
    Subject: Presidential Determination on the Proposed Agreement for
            Cooperation Between the Government of the United States of
            America and the Government of the People's Republic of China
            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 People's Republic of China Concerning
    Peaceful Uses of Nuclear Energy (the ``Agreement''), along with
    the views, recommendations, and statements of the interested
    departments and 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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