[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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