[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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