[Congressional Record Volume 144, Number 2 (Wednesday, January 28, 1998)]
[Senate]
[Page S111]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REPORT CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--MESSAGE FROM THE 
                            PRESIDENT--PM 85

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Foreign Relations.

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 text of a proposed Agreement for Cooperation Between 
the Government of the United States of America and the Republic of 
Kazakhstan Concerning Peaceful Uses of Nuclear Energy, with 
accompanying annex and agreed minute. I am also pleased to transmit my 
written approval, authorization, and determination concerning the 
agreement, and the memorandum of the Director of the United States Arms 
Control and Disarmament Agency with the Nuclear Proliferation 
Assessment Statement concerning the agreement. The joint memorandum 
submitted to me by the Secretary of State and the Secretary of Energy, 
which includes a summary of the provisions of the agreement and various 
other attachments, including agency views, is also enclosed.
  The proposed agreement with the Republic of Kazakhstan has been 
negotiated in accordance with the Atomic Energy Act of 1954, as amended 
by the Nuclear Non-Proliferation Act of 1978 and as otherwise amended. 
In my judgment, the proposed agreement meets all statutory requirements 
and will advance the nonproliferation and other foreign policy 
interests of the United States. The agreement provides a comprehensive 
framework for peaceful nuclear cooperation between the United States 
and Kazakhstan under appropriate conditions and controls reflecting our 
common commitment to nuclear nonproliferation goals.
  Kazakhstan is a nonnuclear weapons state party to the Treaty on the 
Nonproliferation of Nuclear Weapons (NPT). Following the dissolution of 
the Soviet Union, the Republic of Kazakhstan agreed to the removal of 
all nuclear weapons from its territory. It has a full-scope safeguards 
agreement in force with the International Atomic Energy Agency (IAEA) 
to implement its safeguards obligations under the NPT. It has enacted 
national legislation to control the use and export of nuclear and dual-
use materials and technology.
  The proposed agreement with the Republic of Kazakhstan permits the 
transfer of technology, material, equipment (including reactors), and 
components for nuclear research and nuclear power production. It 
provides for U.S. consent rights to retransfer, enrichment, and 
reprocessing as required by U.S. law. It does not permit transfers of 
any sensitive nuclear technology, restricted data, or sensitive nuclear 
facilities or major critical components thereof. In the event of 
termination, key conditions and controls continue with respect to 
material and equipment subject to the agreement.
  I have considered the views and recommendations of the interested 
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 agreement and authorized its execution and urge that the Congress 
give it favorable consideration.
  Because this agreement meets all applicable requirements of the 
Atomic Energy Act, as amended, for agreements for peaceful nuclear 
cooperation, I am transmitting it to the Congress without exempting it 
from any requirement contained in section 123 a. of that Act. This 
transmission shall constitute a submittal for purposes of both sections 
123 b. and 123 d. of the Atomic Energy Act. The Administration is 
prepared to begin immediately the consultations with the Senate Foreign 
Relations and House International Relations Committees as provided in 
section 123 b. Upon completion of the 30-day continuous session period 
provided for in section 123 b., the 60-day continuous session provided 
for in section 123 d. shall commence.
                                                  William J. Clinton.  
  The White House, January 28, 1998.

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