[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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