    [House Document 115-116]
    [From the U.S. Government Publishing Office]

    115th Congress, 2d Session - - - - - - - - - House Document 115-116

     TEXT OF PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF
      THE U.S. AND THE UNITED MEXICAN STATES CONCERNING PEACEFUL USES OF
                                 NUCLEAR ENERGY

                                   __________

                                    MESSAGE

                                      from

                         THE PRESIDENT OF THE UNITED STATES

                                  transmitting

    THE TEXT OF AN AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
    AMERICA AND THE GOVERNMENT OF THE UNITED MEXICAN STATES FOR COOPERATION
    IN THE PEACEFUL USES OF NUCLEAR ENERGY, 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)

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    May 8, 2018.--Message and accompanying papers referred to the Committee
                  on Foreign Affairs and ordered to be printed

                                       ______

                             U.S. GOVERNMENT PUBLISHING OFFICE

    79-011                         WASHINGTON : 2018

    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
    an Agreement between the Government of the United States of
    America and the Government of the United Mexican States for
    Cooperation in 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, 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. A 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 Mexico 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 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 Agreement contains all of the provisions required by
    subsection 123 a. of the Act. It provides a comprehensive
    framework for peaceful nuclear cooperation with Mexico based on
    a mutual commitment to nuclear nonproliferation. It would
    permit the transfer of material, equipment (including
    reactors), components, and information for nuclear research and
    nuclear power production. It would not permit the transfer of
    Restricted Data or sensitive nuclear technology. Any special
    fissionable material transferred could only be in the form of
    low enriched uranium, with the exception of small quantities of
    material for use in samples, standards, detectors, or targets
    or for such other purposes as the parties may agree.
        Through the Agreement, Mexico would affirm its intent to
    rely on existing international markets for nuclear fuel
    services involving sensitive nuclear technologies (i.e.
    enrichment and reprocessing), and the United States would
    affirm its intent to support these international markets and
    would agree to endeavor to take necessary and feasible actions
    to ensure a reliable supply of low enriched uranium fuel to
    Mexico.
        The Agreement has a term of 30 years, although it can be
    terminated by either party on one year's advance written
    notice. In the event of termination or expiration of the
    Agreement, key nonproliferation conditions and controls will
    continue in effect as long as any material, equipment, or
    component subject to the 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
    material, equipment, or components are no longer usable for any
    nuclear activity relevant from the point of view of safeguards.
        Mexico has a strong track record on nonproliferation and
    has consistently reiterated its commitment to nonproliferation.
    It is a party to the Treaty on the Non-Proliferation of Nuclear
    Weapons and has concluded a Comprehensive Safeguards Agreement
    and Additional Protocol with the International Atomic Energy
    Agency. Mexico has a strong system of nuclear export controls
    and has harmonized its controls with the Nuclear Suppliers
    Group guidelines. A more detailed discussion of Mexico's
    domestic civil nuclear activities and its nuclear
    nonproliferation policies and practices is provided in the NPAS
    and its classified annex.
        I have considered the views and recommendations of the
    interested departments and agencies in reviewing the 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 Agreement and
    authorized its execution and urge that the Congress give it
    favorable consideration.
        This transmission shall constitute a submittal for purposes
    of both subsections 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 subsection 123 b.
    Upon completion of the 30 days of continuous session review
    provided for in subsection 123 b., the 60 days of continuous
    session review provided for in subsection 123 d. shall
    commence.
                                                       Donald J. Trump.
        The White House, May 8, 2018.

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