[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Pages 30483-30484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14523]


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DEPARTMENT OF ENERGY

Office of Arms Control and Nonproliferation


Proposed Subsequent Arrangement Concerning Reciprocal 
Arrangements for Exchanges of Information and Visits Under the 
Agreement for Cooperation for the Peaceful Uses of Nuclear Energy 
Between the Government of the United States and the Government of the 
People's Republic of China

AGENCY: Department of Energy.

ACTION: Subsequent arrangement.

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SUMMARY: Notice is hereby given of the proposed ``subsequent 
arrangement'' under the Agreement for Cooperation Between the 
Government of the United States and the Government of the People's 
Republic of China Concerning the Peaceful Uses of Nuclear Energy, 
signed July 23, 1985 (``the Agreement''). The Government of the United 
States and the Government of the People's Republic of China will 
establish mutually acceptable reciprocal arrangements for exchanges of 
information and visits to material, facilities, and components subject 
to the Agreement. The framework for executing the proposed exchanges 
under the Agreement is established in a Memorandum of Understanding 
(MOU), initialed on June 23, 1987, and signed by the Government of the 
United States and the Government of the People's Republic of China on 
May 6, 1998.
    Consistent with the Department of Energy's Notice of Intent, 
published February 10, 1998, 63 FR 6733, the Department is publishing, 
below, the Memorandum of Understanding Between the United States and 
the People's Republic of China describing reciprocal arrangements for 
U.S. monitoring of nuclear transfers to the People's Republic of China 
under the Agreement for Cooperation Between the Government of the 
United States and the Government of the People's Republic of China 
Concerning the Peaceful Uses of Nuclear Energy.
    I have determined that the reciprocal arrangements, as provided in 
the Agreement in the U.S.-China Memorandum of Understanding, are not 
inimical to the common defense and security.
    This subsequent arrangement will take effect no sooner than fifteen 
days after the date of publication of this notice.

    Dated: May 27, 1998.

    For the Department of Energy.
Michael V. McClary,
Acting Director, Office of Arms Control and Nonproliferation.

    The text of the U.S.-China Memorandum of Understanding follows.
Memorandum of Understanding
    The Government of the United States of America and the Government 
of the People's Republic of China (the ``parties'');
    Desiring to implement the Agreement for Cooperation between the 
Government of the United States of America and the Government of the 
People's Republic of China Concerning Peaceful Uses of Nuclear Energy, 
signed July 23, 1985, and entered into force December 30, 1985 (the 
``Agreement''), on the basis of mutual respect for sovereignty, non-
interference in each other's internal affairs, equality and mutual 
benefit, and
    Desiring to exchange experience, strengthen technical cooperation 
between the parties, ensure that the provisions of the Agreement are 
effectively carried out, and enhance a stable, reliable, and 
predictable nuclear cooperation relationship,
    Have established the following arrangements:
    1. Each party shall invite personnel designated by the other party 
to visit the material, facilities and components subject to the 
Agreement, affording them the opportunity to observe and exchange views 
on, and share technical experience in, the utilization or operation of 
such items. Opportunities to visit shall be accorded annually to 
reactors including their auxiliary storage pools for the fuel. Such 
annual visits shall be arranged at the time of reactor fueling if it 
occurs. Opportunities to visit all other items shall not be less often 
than every two years. When either party identifies special 
circumstances, the parties shall consult, at the request of either 
party, for the purpose of making mutually acceptable arrangements for 
the addition or reduction of visits under such circumstances in order 
to ensure that the objectives of Article 8(2) are fulfilled.
    2. When material, facilities or components are transferred pursuant 
to the Agreement, the recipient party shall confirm receipt to the 
supplier party through diplomatic channels within 30 days after the 
arrival of the material, facilities or components in the territory of 
the recipient party. At the request of either party, the parties shall 
exchange information on the material, facilities and components subject 
to the Agreement. Such information shall include the isotopic 
composition, physical form, and quantity of the material, and places 
where the material, facilities or components are used or kept. It shall 
also include information on the operation of the facilities subject to 
the Agreement which in the case of a reactor shall cover thermal energy 
generated and loading. The parties shall seek to resolve any 
discrepancies through diplomatic channels. The information shall be 
treated as confidential.
    The above arrangements fulfill the requirements of Article 8(2) of 
the Agreement for the types of peaceful nuclear activities pursuant to 
the Agreement that each party had planned as of the date of entry into 
force of the Agreement. These arrangements shall enter into force upon 
signature and shall remain in force so long as the provisions of 
Article 8(2) continue in effect. Either party may request a revision of 
these arrangements, including the frequency, occasion or content of 
visits, at any time; any revision shall be made by mutual agreement.

    Done at Washington this sixth day of May, 1998, in the English 
and Chinese languages, both texts being equally authentic.


[[Page 30484]]


    For the Government of the People's Republic of China:
Robert J. Einhorn.

    For the Government of the United States of America:
Zheng Lizhong.

[FR Doc. 98-14523 Filed 6-3-98; 8:45 am]
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