[Congressional Record Volume 146, Number 31 (Monday, March 20, 2000)]
[Senate]
[Page S1456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REPORT OF THE TEXT OF A PROPOSED AGREEMENT BETWEEN THE UNITED STATES 
AND BANGLADESH CONCERNING THE PEACEFUL USES OF NUCLEAR ENERGY--MESSAGE 
                       FROM THE PRESIDENT--PM 93

  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 Act), the text of a proposed Agreement Between the 
United States of America and the People's Republic of Bangladesh to 
extend the Agreement for Cooperation Between the United States of 
America and the People's Republic of Bangladesh Concerning Peaceful 
Uses of Nuclear Energy signed at Dhaka, September 17, 1981 (the 
Agreement for Cooperation).
  The proposed Agreement to extend the Agreement for Cooperation (the 
``Extension Agreement'') was originally approved and its execution 
authorized by President Bush based on his written determination that 
the performance of the Agreement for Cooperation for an additional 
period of 20 years would promote, and would not constitute an 
unreasonable risk to, the common defense and security. A copy of 
President Bush's written approval, authorization, and determination is 
enclosed. Also enclosed is a copy of the unclassified Nuclear 
Proliferation Assessment Statement (NPAS) prepared at that time by the 
Director, United States Arms Control and Disarmament Agency.
  The proposed Extension Agreement was effected by an exchange of 
diplomatic notes at Dhaka on January 5, 1993, and February 6, 1993. The 
terms of the Extension Agreement condition its entry into force on each 
State notifying the other of the completion of its respective legal 
requirements for entry into force. However, before the proposed 
Extension Agreement could be submitted to the Congress in 1993 for 
review pursuant to section 123 of the Act, the Government of Bangladesh 
asked to consult with the United States regarding a possible 
modification of the term of extension. These discussions proved to be 
very protracted, but both Governments have now agreed that their 
original intention to extend the Agreement for Cooperation for an 
additional period of 20 years from the date of the original Agreement's 
expiration (i.e., to extend it until June 24, 2012) should stand, and 
that the Extension Agreement should be brought into force as soon as 
each Party has notified the other in writing that it has completed its 
legal requirements for doing so.
  Section 123 of the Act, as amended by Title XII of the Foreign 
Affairs Reform and Restructuring Act of 1998 (Public Law 105-277) now 
also provides that each Nuclear Proliferation Assessment Statement 
prepared pursuant to the Act shall be accompanied by a classified annex 
prepared by the Secretary of State in consultation with the Director of 
Central Intelligence, summarizing relevant classified information. The 
Secretary of State is submitting to the Congress under separate cover 
such a classified annex. It contains, inter alia, the Secretary of 
State's reaffirmation of the conclusions reached in the original 
unclassified Nuclear Proliferation Assessment Statement (a) that 
continued implementation of the Agreement for Cooperation is consistent 
with all requirements of the Act, and (b) that the safeguards and other 
control mechanisms and the peaceful-use assurances contained in the 
Agreement for Cooperation are adequate to ensure that any assistance 
furnished under it will not be used to further any military or nuclear 
explosive purpose.
  I am pleased to reconfirm President Bush's approval of the Extension 
Agreement and authorization of its execution and implementation. 
Bangladesh is a party to the Treaty on the Non-Proliferation of Nuclear 
Weapons (NPT) and is fully in compliance with its nuclear 
nonproliferation commitments under that Treaty. In my judgment, 
continued performance of the Agreement for Cooperation between the 
United States of America and the People's Republic of Bangladesh 
Concerning Peaceful Uses of Nuclear Energy will promote, and not 
constitute an unreasonable risk to, the common defense and security. 
Apart from the proposed extension, the Agreement for Cooperation will 
remain in all other respects the same as that which was favorably 
reviewed by the Congress in 1982. The Department of State, the 
Department of Energy, and the Nuclear Regulatory Commission have 
reconfirmed their favorable views regarding the original NPAS as well 
as the conclusions contained herein.
  This transmission shall constitute a submittal for purposes of both 
sections 123 b. and 123 d. of the Act. My Administration is prepared to 
begin immediately the consultations with the Senate Foreign Relations 
Committee and the House International Relations Committee as provided 
in section 123 b. Upon completion of the period of 30 days of 
continuous session provided for in section 123 b., the period of 60 
days of continuous session provided for in section 123 d. shall 
commence.
                                                  William J. Clinton.  
The White House, March 20, 2000.

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