    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book II)]
    [September 29, 1995]
    [Pages 1522-1524]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress on the South Africa-United States Agreement on
    the Peaceful Use of Nuclear Energy
    September 29, 1995

    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 text of a proposed Agreement for Cooperation Between
    the United States of America and the Republic of South Africa Concerning
    Peaceful uses of Nuclear Energy, with accompanying annex and agreed
    minute. I am also pleased to transmit my written approval,
    authorization, and determination concerning the agreement, and the
    memorandum of the Director of the United States Arms Control and
    Disarmament Agency with the Nuclear Proliferation Assessment Statement
    concerning the agreement. The joint memorandum submitted to me by the
    Acting Secretary of State and the Secretary of Energy, which includes a
    summary of the provisions of the agreement and various other
    attachments, including agency views, is also enclosed.
        The proposed agreement with the Republic of South Africa has been
    negotiated in accordance with the Atomic Energy Act of 1954, as amended
    by the Nuclear Non-Proliferation Act of 1978 (NNPA) and as otherwise
    amended. In

    [[Page 1523]]

    my judgment, the proposed agreement meets all statutory requirements and
    will advance the non-proliferation and other foreign policy interests of
    the United States. It provides a comprehensive framework for peaceful
    nuclear cooperation between the United States and South Africa under
    appropriate conditions and controls reflecting a strong common
    commitment to nuclear non-proliferation goals.
        The proposed new agreement will replace an existing U.S.-South
    Africa agreement for peaceful nuclear cooperation that entered into
    force on August 22, 1957, and by its terms would expire on August 22,
    2007. The United States suspended cooperation with South Africa under
    the 1957 agreement in the 1970's because of evidence that South Africa
    was embarked on a nuclear weapons program. Moreover, following passage
    of the NNPA in 1978, South Africa did not satisfy a provision of section
    128 of the Atomic Energy Act (added by the NNPA) that requires full-
    scope IAEA safeguards in non-nuclear weapon states such as South Africa
    as a condition for continued significant U.S. nuclear exports.
        In July 1991 South Africa, in a momentous policy reversal, acceded
    to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and
    promptly entered into a full-scope safeguards agreement with the IAEA as
    required by the Treaty. South Africa has been fully cooperative with the
    IAEA in carrying out its safeguards responsibilities.
        Further, in March 1993 South Africa took the dramatic and candid
    step of revealing the existence of its past nuclear weapons program and
    reported that it had dismantled all of its six nuclear devices prior to
    its accession to the NPT. It also invited the IAEA to inspect its
    formerly nuclear weapons-related facilities to demonstrate the openness
    of its nuclear program and its genuine commitment to non-proliferation.
        South Africa has also taken a number of additional important non-
    proliferation steps. In July 1993 it put into effect a law banning all
    weapons of mass destruction. In April 1995 it became a member of the
    Nuclear Suppliers Group (NSG), formally committing itself to abide by
    the NSG's stringent guidelines for nuclear exports. At the 1995 NPT
    Review and Extension Conference it played a decisive role in the
    achievement of indefinite NPT extension--a top U.S. foreign policy and
    national security goal.
        These steps are strong and compelling evidence that South Africa is
    now firmly committed to stopping the spread of weapons of mass
    destruction and to conducting its nuclear program for peaceful purposes
    only.
        In view of South Africa's fundamental reorientation of its nuclear
    program, the United States proposes to enter into a new agreement for
    peaceful nuclear cooperation with South Africa. Although cooperation
    could have been resumed under the 1957 agreement, both we and South
    Africa believe that it is preferable to have a new agreement completely
    satisfying, as the proposed new agreement does, the current legal and
    policy criteria of both sides, and that reflects, among other things:
        --Additional international non-proliferation commitments entered
            into by the parties since 1974, when the old agreement was last
            amended, including, for South Africa, its adherence to the
            Treaty on the Non-Proliferation of Nuclear Weapons;
        --Reciprocity in the application of the terms and conditions of
            cooperation between the parties; and
        --An updating of terms and conditions to take account of intervening
            changes in the respective domestic legal and regulatory
            frameworks of the parties in the area of peaceful nuclear
            cooperation.
        For the United States, the proposed new agreement also represents an
    additional instance of compliance with section 404(a) of the NNPA, which
    calls for an effort to renegotiate existing agreements for cooperation
    to include the more stringent requirements established by the NNPA.
        The proposed new agreement with South Africa permits the transfer of
    technology, material, equipment (including reactors), and components for
    nuclear research and nuclear power production. It provides for U.S.
    consent rights to retransfers, enrichment, and reprocessing as required
    by U.S. law. It does not permit transfers of any sensitive nuclear
    technology, restricted data, or sensitive nuclear facilities or major
    critical components thereof. In the event of termination, key conditions
    and controls continue with respect to material and equipment subject to
    the agreement.
        From the United States perspective the proposed new agreement
    improves on the 1957 agreement by the addition of a number of important
    provisions. These include the provisions

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    for full-scope safeguard; perpetuity of safeguards; a ban on
    ``peaceful'' nuclear explosives; a right to require the return of
    exported nuclear items in certain circumstances; a guarantee of adequate
    physical security; and a consent right to enrichment of nuclear material
    subject to the agreement.
        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 that the Congress
    give it favorable consideration.
        Because this agreement meets all applicable requirements of the
    Atomic Energy Act, as amended, for agreements for peaceful nuclear
    cooperation, I am transmitting it to the Congress without exempting it
    from any requirement contained in section 123 a. of that Act. This
    transmission shall constitute a submittal for purposes of both sections
    123 b. and 123 d. of the Atomic Energy Act. The Administration is
    prepared to begin immediately the consultations with the Senate Foreign
    Relations and House International Relations Committees as provided in
    section 123 b. Upon completion of the 30-day continuous session period
    provided for in section 123 b., the 60-day continuous session period
    provided for in section 123 d. shall commence.

                                                          William J. Clinton

    The White House,

    September 29, 1995.