[Congressional Record Volume 160, Number 3 (Tuesday, January 7, 2014)]
[Senate]
[Page S68]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE AMERICAN INSTITUTE IN 
TAIWAN (AIT) AND THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE 
   IN THE UNITED STATES (TECRO) CONCERNING PEACEFUL USES OF NUCLEAR 
                             ENERGY--PM 26

  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 for 
Cooperation Between the American Institute in Taiwan (AIT) and the 
Taipei Economic and Cultural Representative Office in the United States 
(TECRO) 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, as amended by title XII of the 
Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105-
277), 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 Chairman of the 
Nuclear Regulatory Commission (NRC) stating the views of the Commission 
are also enclosed. An addendum to the NPAS containing a comprehensive 
analysis of the export control system of Taiwan 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 
of the National Security Act of 1947 (50 U.S.C. 403-1), as amended, is 
being submitted separately by the Director of National Intelligence.
  The proposed 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 proposed Agreement provides a comprehensive framework for 
peaceful nuclear cooperation with the authorities on Taiwan based on a 
mutual commitment to nuclear nonproliferation. The proposed Agreement 
has an indefinite term from the date of its entry-into-force, unless 
terminated by either party on 1 year's written notice. The proposed 
Agreement permits the transfer of information, material, equipment 
(including reactors), and components for nuclear research and nuclear 
power production. The Agreement also specifies cooperation shall be in 
accordance with the provisions of the Agreement and applicable legal 
obligations, including, as appropriate, treaties, international 
agreements, domestic laws, regulations, and/or licensing requirements 
(such as those imposed by the NRC in accordance with 10 CFR 110 and the 
Department of Energy in accordance with 10 CFR 810). It does not permit 
transfers of Restricted Data, sensitive nuclear technology and 
facilities, or major critical components of such facilities. The 
proposed Agreement also prohibits the possession of sensitive nuclear 
facilities and any engagement in activities involving sensitive nuclear 
technology in the territory of the authorities represented by TECRO. In 
the event of termination of the proposed Agreement, key 
nonproliferation conditions and controls continue with respect to 
material, equipment, and components subject to the proposed Agreement.
  Over the last two decades, the authorities on Taiwan have established 
a reliable record on nonproliferation and on commitments to 
nonproliferation. While the political status of the authorities on 
Taiwan prevents them from formally acceding to multilateral 
nonproliferation treaties or agreements, the authorities on Taiwan have 
voluntarily assumed commitments to adhere to the provisions of 
multilateral treaties and initiatives. The Republic of China ratified 
the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in 1970 
and ratified the Convention on the Prohibition of the Development, 
Production and Stockpiling of Bacteriological (Biological) and Toxin 
Weapons and on Their Destruction (the ``Biological Weapons Convention'' 
or ``BWC'') in 1972. The authorities on Taiwan have stated that they 
will continue to abide by the obligations of the NPT (i.e., those of a 
non-nuclear-weapon state) and the BWC, and the United States regards 
them as bound by both treaties. The authorities on Taiwan follow 
International Atomic Energy Agency standards and directives in their 
nuclear program, work closely with U.S. civilian nuclear authorities, 
and have established relationships with mainland Chinese civilian 
authorities with respect to nuclear safety. A more detailed discussion 
of the domestic civil nuclear activities and nuclear nonproliferation 
policies and practices of the authorities on Taiwan, including their 
nuclear export policies and practices, is provided in the NPAS and in a 
classified annex to the NPAS submitted separately. As noted above, an 
addendum to the NPAS containing a comprehensive analysis of the export 
control system of the authorities on Taiwan with respect to nuclear-
related matters is being submitted to you separately by the Director of 
National Intelligence.
  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 the Congress to 
give it favorable consideration.
  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 Foreign Affairs Committee as provided in 
section 123 b. Upon completion of the 30 days of continuous session 
review provided for in section 123 b., the 60 days of continuous 
session review provided for in section 123 d. shall commence.
                                                        Barack Obama.  
  The White House, January 7, 2014.

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