[House Document 117-139]
[From the U.S. Government Publishing Office]




117th Congress, 2d Session - - - - - - - - - - - - House Document 117-139

 
 TEXT OF PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF 
 THE U.S. AND THE REPUBLIC OF SOUTH AFRICA CONCERNING PEACEFUL USES OF 
                             NUCLEAR ENERGY

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

THE TEXT OF AN AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 
    AMERICA AND THE REPUBLIC OF SOUTH AFRICA 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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 September 2, 2022.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                         
                                                
                                ________
			 
			 
	             U.S. GOVERNMENT PUBLISHING OFFICE
			 
29-011 			   WASHINGTON : 2022
                                           
                                           
                                           The White House,
                                     Washington, September 1, 2022.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: 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 to Extend the Agreement 
for Cooperation between the United States of America and the 
Republic of South Africa 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, 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. The joint memorandum submitted to me by 
the Secretaries of State and Energy and a letter from the Chair 
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 South Africa 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, and will be executed once the 
Republic of South Africa completes its required domestic 
process authorizing such execution. In my judgment, it meets 
all applicable statutory requirements and will advance the 
nonproliferation and other foreign policy interests of the 
United States of America.
    The Agreement extends for 4 years the Agreement for 
Cooperation between the United States of America and the 
Republic of South Africa Concerning Peaceful Uses of Nuclear 
Energy, done at Pretoria on August 25, 1995 (the ``1995 
Agreement''), which will expire by its terms on December 4, 
2022. The 1995 Agreement contains all of the provisions 
required by subsection 123 a. of the Act. It provides a 
comprehensive framework for peaceful nuclear cooperation with 
the Republic of South Africa based on a mutual commitment to 
nuclear nonproliferation. It permits the transfer of material, 
equipment (including reactors), components, and information for 
nuclear research and nuclear power production. It does not 
permit the transfer of Restricted Data and does not permit the 
transfer of sensitive nuclear technology unless provided for by 
an amendment. Low enriched uranium may be transferred for use 
as reactor fuel and in reactor experiments, and small 
quantities of special nuclear material, including plutonium and 
high enriched uranium, may be transferred for use as samples, 
standards, detectors, targets, and for such other purposes as 
the parties may agree. Through the 1995 Agreement, the United 
States commits to endeavor to take necessary and feasible 
actions to ensure a reliable supply of nuclear fuel to the 
Republic of South Africa.
    In the event of termination or expiration of the 1995 
Agreement, key nonproliferation conditions and controls will 
continue in effect as long as any material, equipment, or 
components subject to the 1995 Agreement remain 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.
    The Republic of South Africa is an advocate for peaceful 
uses of nuclear technology and a global leader on disarmament 
issues. Prior to joining the Treaty on the Non-Proliferation of 
Nuclear Weapons (NPT) in July 1991, the Republic of South 
Africa possessed a fully developed nuclear weapons program. 
Shortly after adhering to the NPT, Pretoria submitted an 
initial nuclear material inventory declaration to the 
International Atomic Energy Agency (IAEA), which included all 
material from its then-dismantled nuclear weapons. In March 
1993, Pretoria publicly acknowledged the existence of its 
former nuclear weapons program (something it had not been 
legally required to do) and afterward cooperated with the IAEA 
to verify complete dismantlement. The Republic of South Africa 
has in force a Comprehensive Safeguards Agreement and 
Additional Protocol with the IAEA. As a uranium producer and 
commercial nuclear energy generator, the Republic of South 
Africa is an active member of the Nuclear Suppliers Group and 
continues to take international nuclear safety and security 
requirements into account in its own domestic nuclear policy. A 
more detailed discussion of the Republic of South Africa'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.
            Sincerely,

                                               Joseph R. Biden, Jr.

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