[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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