[Congressional Record Volume 164, Number 74 (Tuesday, May 8, 2018)]
[Senate]
[Page S2548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         PRESIDENTIAL MESSAGES

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  TEXT OF AN AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 
AMERICA AND THE GOVERNMENT OF THE UNITED MEXICAN STATES FOR COOPERATION 
               IN PEACEFUL USES OF NUCLEAR ENERGY--PM 34

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with accompanying 
reports and papers, 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 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 between the 
Government of the United States of America and the Government of the 
United Mexican States for Cooperation in 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. A joint memorandum submitted to me by the Secretaries of 
State and Energy and a letter from the Chairman 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 Mexico 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. In my judgment, it meets all applicable statutory 
requirements and will advance the nonproliferation and other foreign 
policy interests of the United States.
  The Agreement contains all of the provisions required by subsection 
123 a. of the Act. It provides a comprehensive framework for peaceful 
nuclear cooperation with Mexico based on a mutual commitment to nuclear 
nonproliferation. It would permit the transfer of material, equipment 
(including reactors), components, and information for nuclear research 
and nuclear power production. It would not permit the transfer of 
Restricted Data or sensitive nuclear technology. Any special 
fissionable material transferred could only be in the form of low 
enriched uranium, with the exception of small quantities of material 
for use in samples, standards, detectors, or targets or for such other 
purposes as the parties may agree.
  Through the Agreement, Mexico would affirm its intent to rely on 
existing international markets for nuclear fuel services involving 
sensitive nuclear technologies (i.e. enrichment and reprocessing), and 
the United States would affirm its intent to support these 
international markets and would agree to endeavor to take necessary and 
feasible actions to ensure a reliable supply of low enriched uranium 
fuel to Mexico.
  The Agreement has a term of 30 years, although it can be terminated 
by either party on one year's advance written notice. In the event of 
termination or expiration of the Agreement, key nonproliferation 
conditions and controls will continue in effect as long as any 
material, equipment, or component subject to the Agreement remains 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.
  Mexico has a strong track record on nonproliferation and has 
consistently reiterated its commitment to nonproliferation. It is a 
party to the Treaty on the Non-Proliferation of Nuclear Weapons and has 
concluded a Comprehensive Safeguards Agreement and Additional Protocol 
with the International Atomic Energy Agency. Mexico has a strong system 
of nuclear export controls and has harmonized its controls with the 
Nuclear Suppliers Group guidelines. A more detailed discussion of 
Mexico'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 123b. and 123d. 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 123b. Upon completion of the 30 days of continuous session 
review provided for in subsection 123b., the 60 days of continuous 
session review provided for in subsection 123d. shall commence.
                                                     Donald J. Trump.  
The White House, May 8, 2018

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