[Congressional Record Volume 144, Number 55 (Wednesday, May 6, 1998)]
[Senate]
[Pages S4433-S4434]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REPORT CONCERNING THE PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE 
   UNITED STATES OF AMERICA AND UKRAINE CONCERNING PEACEFUL USES OF 
           NUCLEAR ENERGY--MESSAGE FROM THE PRESIDENT--PM 122

  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 123b. 
and 123d. 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 
United States of America and Ukraine 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

[[Page S4434]]

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 Ukraine 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 Ukraine under 
appropriate conditions and controls reflecting our common commitment to 
nuclear nonproliferation goals.
  The proposed new agreement with Ukraine 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 retransfers, 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 of such facilities. In the event of 
termination, key conditions and controls continue with respect to 
material and equipment subject to the agreement.
  Ukraine is a nonnuclear weapon state party to the Treaty on the 
Nonproliferation of Nuclear Weapons (NPT). Following the dissolution of 
the Soviet Union, Ukraine 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. Ukraine was accepted as a member 
of the Nuclear Suppliers Group in April 1996, and as a member of the 
NPT Exporters Committee (Zangger Committee) in May 1997.
  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 123a. of that Act. This 
transmission shall constitute a submittal for purposes of both sections 
123b. and 123d. of the Atomic Energy Act. My Administration is prepared 
to begin immediately the consultations with the Senate Foreign 
Relations and House International Relations Committees as provided in 
section 123b. Upon completion of the 30-day continuous session period 
provided for in section 123b., the 60-day continuous session provided 
for in section 123d. shall commence.
                                                  William J. Clinton.  
  The White House, May 6, 1998.

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