[House Document 114-43]
[From the U.S. Government Publishing Office]




114th Congress, 1st Session - - - - - - - - - House Document 114-43
___________________________________________________________________
 
 TEXT OF PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF 
    THE U.S. AND THE GOVERNMENT OF THE REPUBLIC OF KOREA CONCERNING 
                    PEACEFUL USES OF NUCLEAR ENERGY

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE 
 UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA 
 CONCERNING PEACEFUL USES OF NUCLEAR ENERGY, PURSUANT TO SECS. 123 B. 
  AND 123 D. OF THE ATOMIC ENERGY ACT, AS AMENDED (42 U.S.C. 2153(B), 
  (D)) AND ALSO THE PRESIDENT'S WRITTEN APPROVAL, AUTHORIZATION, AND 
 DETERMINATION OF THE PROPOSED AGREEMENT; AND AN UNCLASSIFIED NUCLEAR 
                   PROLIFERATION ASSESSMENT STATEMENT

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    June 16, 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 
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 Republic 
of Korea Concerning Peaceful Uses of Nuclear Energy (the 
``Agreement''). I am also pleased to transmit my written 
approval, authorization, and determination concerning the 
proposed 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), 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 the export control 
system of the Republic of Korea (ROK) 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 of the requirements 
established by section 123 a. of the Act. It provides a 
comprehensive framework for peaceful nuclear cooperation with 
the ROK 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 would not permit the transfer of Restricted Data, and 
sensitive nuclear technology or technology or information that 
is not in the public domain concerning fabrication of nuclear 
fuel containing plutonium could only be transferred if 
specifically provided by an amendment to the proposed Agreement 
or a separate agreement. Any special fissionable material 
transferred could only be in the form of low enriched uranium, 
with two exceptions: small quantities of material for use as 
samples; or for other specified applications such as use in 
loading and operation of fast reactors or the conduct of fast 
reactor experiments. The proposed Agreement would also obligate 
the United States to endeavor to take such actions as may be 
necessary and feasible to ensure a reliable supply of low 
enriched uranium fuel to the ROK, similar to terms contained in 
other recent civil nuclear cooperation agreements.
    The proposed Agreement would also establish a new standing 
High-Level Bilateral Commission (HLBC) to be led by the Deputy 
Secretary of Energy for the Government of the United States of 
America and the Vice Minister of Foreign Affairs for the 
Government of the ROK. The purpose of the HLBC is to facilitate 
peaceful nuclear and strategic cooperation between the 
partiesand ongoing dialogue regarding areas of mutual interest in civil 
nuclear energy, including the civil nuclear fuel cycle.
    The proposed Agreement will have an initial term of 20 
years and would renew for one additional period of 5 years 
unless either party gives written notice at least 2 years prior 
to its expiration that it does not want to renew the proposed 
Agreement. The proposed Agreement also requires the parties to 
consult as soon as possible after the seventeenth anniversary 
of its entry into force to decide whether to pursue an 
extension of the proposed Agreement. In the event of 
termination of the proposed Agreement, key nonproliferation 
conditions and controls will continue in effect as long as any 
nuclear material, moderator material, byproduct 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, in the case of nuclear material or 
moderator material, such items are no longer usable for any 
nuclear activity relevant from the point of view of 
international safeguards or have become practically 
irrecoverable, or in the case of equipment, components, or 
byproduct material, such items are no longer usable for nuclear 
purposes.
    The ROK has a strong track record on nonproliferation and 
its government has consistently reiterated its commitment to 
nonproliferation. The ROK is a party to the Treaty on the Non-
proliferation of Nuclear Weapons, has an International Atomic 
Energy Agency safeguards agreement and Additional Protocol in 
force, is a member of the four multilateral nonproliferation 
export control regimes (Missile Technology Control Regime, 
Wassenaar Arrangement, Australia Group, and Nuclear Suppliers 
Group, for which it served as Chair in 2003-2004 and is 
scheduled to do so again in 2015-2016), and is an active 
participant in the Proliferation Security Initiative. A more 
detailed discussion of the ROK'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 the ROK 
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, June 16, 2015.
    
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