[Congressional Record (Bound Edition), Volume 161 (2015), Part 7]
[Senate]
[Pages 9731-9732]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PRESIDENTIAL MESSAGE

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PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED 
     STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA 
           CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--PM 20

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with accompanying 
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 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 Government of the United States of America and 
the Government of the Republic of Korea Concerning Peaceful Uses of 
Nuclear Energy (the ``Agreement''). I am also pleased to transmit my 
written approval, authorization, and determination concerning the 
proposed Agreement, and an unclassified Nuclear Proliferation 
Assessment Statement (NPAS) concerning the proposed 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), two classified annexes 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 stating the views of the Commission are 
also enclosed. An addendum to the NPAS containing a comprehensive 
analysis of the export control system of the Republic of Korea (ROK) 
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 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 contains all of the requirements established 
by section 123 a. of the Act. It provides a comprehensive framework for 
peaceful nuclear cooperation with the ROK based on a mutual commitment 
to nuclear nonproliferation. It would permit the transfer of material, 
equipment (including reactors), components, information, and technology 
for nuclear research and nuclear power production. It would not permit 
the transfer of Restricted Data, and sensitive nuclear technology or 
technology or information that is not in the public domain concerning 
fabrication of nuclear fuel containing plutonium could only be 
transferred if specifically provided by an amendment to the proposed 
Agreement or a separate agreement. Any special fissionable material 
transferred could only be in the form of low enriched uranium, with two 
exceptions: small quantities of material for use as samples; or for 
other specified applications such as use in loading and operation of 
fast reactors or the conduct of fast reactor experiments. The proposed 
Agreement would also obligate the United States to endeavor to take 
such actions as may be necessary and feasible to ensure a reliable 
supply of low enriched uranium fuel to the ROK, similar to terms 
contained in other recent civil nuclear cooperation agreements.

[[Page 9732]]

  The proposed Agreement would also establish a new standing High-Level 
Bilateral Commission (HLBC) to be led by the Deputy Secretary of Energy 
for the Government of the United States of America and the Vice 
Minister of Foreign Affairs for the Government of the ROK. The purpose 
of the HLBC is to facilitate peaceful nuclear and strategic cooperation 
between the parties and ongoing dialogue regarding areas of mutual 
interest in civil nuclear energy, including the civil nuclear fuel 
cycle.
  The proposed Agreement will have an initial term of 20 years and 
would renew for one additional period of 5 years unless either party 
gives written notice at least 2 years prior to its expiration that it 
does not want to renew the proposed Agreement. The proposed Agreement 
also requires the parties to consult as soon as possible after the 
seventeenth anniversary of its entry into force to decide whether to 
pursue an extension of the proposed Agreement. In the event of 
termination of the proposed Agreement, key nonproliferation conditions 
and controls will continue in effect as long as any nuclear material, 
moderator material, byproduct material, equipment, or component subject 
to the proposed 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, in the case of nuclear material or 
moderator material, such items are no longer usable for any nuclear 
activity relevant from the point of view of international safeguards or 
have become practically irrecoverable, or in the case of equipment, 
components, or byproduct material, such items are no longer usable for 
nuclear purposes.
  The ROK has a strong track record on nonproliferation and its 
government has consistently reiterated its commitment to 
nonproliferation. The ROK is a party to the Treaty on the Non-
proliferation of Nuclear Weapons, has an International Atomic Energy 
Agency safeguards agreement and Additional Protocol in force, is a 
member of the four multilateral nonproliferation export control regimes 
(Missile Technology Control Regime, Wassenaar Arrangement, Australia 
Group, and Nuclear Suppliers Group, for which it served as Chair in 
2003-2004 and is scheduled to do so again in 2015-2016), and is an 
active participant in the Proliferation Security Initiative. A more 
detailed discussion of the ROK's civil nuclear program and its nuclear 
nonproliferation policies and practices, including its nuclear export 
policies and practices, is provided in the NPAS and in two classified 
annexes to the NPAS submitted to you separately. As noted above, the 
Director of National Intelligence will provide an addendum to the NPAS 
containing a comprehensive analysis of the export control system of the 
ROK with respect to nuclear-related matters.
  I have considered the views and recommendations of the interested 
departments and 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 proposed Agreement and authorized its execution and 
urge that the Congress 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, June 16, 2015.

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