    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [January 28, 1998]
    [Pages 134-136]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Transmitting the Switzerland-United States
    Peaceful Nuclear Cooperation Agreement With Documentation
    January 28, 1998

    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 Government of the United States of America and the Swiss Federal
    Council Concerning Peaceful Uses of Nuclear Energy, with accompanying
    agreed minute, annexes, and other attachments. 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 Secretary of State and the Secretary
    of Energy, which includes a summary of the provisions of the agreement
    and other attachments, including the views of the Nuclear Regulatory
    Commission, is also enclosed.

    [[Page 135]]

        The proposed new agreement with Switzerland 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. It
    replaces an earlier agreement with Switzerland signed December 30, 1965,
    which expired by its terms August 8, 1996. The proposed new agreement
    will provide an updated, comprehensive framework for peaceful nuclear
    cooperation between the United States and Switzerland, will facilitate
    such cooperation, and will establish strengthened nonproliferation
    conditions and controls including all those required by the NNPA. The
    new agreement provides for the transfer of moderator material, nuclear
    material, and equipment for both nuclear research and nuclear power
    purposes. It does not provide for transfers under the agreement of any
    sensitive nuclear technology (SNT). (U.S. law permits SNT to be
    transferred outside the coverage of an agreement for cooperation
    provided that certain other conditions are satisfied. However, the
    Administration has no plans to transfer SNT to Switzerland outside the
    agreement.)
        The proposed agreement has an initial term of 30 years, and will
    continue in force indefinitely thereafter in increments of 5 years each
    until terminated in accordance with its provisions. In the event of
    termination, key nonproliferation conditions and controls, including
    guarantees of safeguards, peaceful use and adequate physical protection,
    and the U.S. right to approve retransfers to third parties, will remain
    effective with respect to transferred moderator materials, nuclear
    materials, and equipment, as well as nuclear material produced through
    their use. The agreement also establishes procedures for determining the
    survival of additional controls.
        Switzerland has strong nonproliferation credentials. It is a party
    to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and has
    an agreement with the International Atomic Energy Agency (IAEA) for the
    application of full-scope IAEA safeguards within its territory. In
    negotiating the proposed agreement, the United States and Switzerland
    took special care to elaborate a preamble setting forth in specific
    detail the broad commonality of our shared nonproliferation commitments
    and goals.
        The proposed new agreement provides for very stringent controls over
    certain fuel cycle activities, including enrichment, reprocessing, and
    alteration in form or content and storage of plutonium and other
    sensitive nuclear materials. The United States and Switzerland have
    accepted these controls on a reciprocal basis, not as a sign of either
    Party's distrust of the other, and not for the purpose of interfering
    with each other's fuel cycle choices, which are for each Party to
    determine for itself, but rather as a reflection of our common
    conviction that the provisions in question represent an important norm
    for peaceful nuclear commerce.
        In view of the strong commitment of Switzerland to the international
    nonproliferation regime, the comprehensive nonproliferation commitments
    that Switzerland has made, the advanced technological character of the
    Swiss civil nuclear program, the long history of U.S.-Swiss cooperation
    in the peaceful uses of nuclear energy without any risk of
    proliferation, and the long-standing close and harmonious political
    relationship between Switzerland and the United States, the proposed new
    agreement provides to Switzerland advance, long-term U.S. approval for
    retransfers to specified facilities in the European Atomic Energy
    Community (EURATOM) of nuclear material subject to the agreement for
    reprocessing, alteration in form or content, and storage, and for the
    return to Switzerland of recovered nuclear materials, including
    plutonium, for use or storage at specified Swiss facilities. The
    proposed agreement also provides advance, long-term U.S. approval for
    retransfers from Switzerland of source material, uranium (other than
    high enriched uranium), moderator material, and equipment to a list of
    countries and groups of countries acceptable to the United States. Any
    advance, long-term approval may be suspended or terminated if it ceases
    to meet the criteria set out in U.S. law, including criteria relating to
    safeguards and physical protection.
        In providing advance, long-term approval for certain nuclear fuel
    cycle activities, the proposed agreement has features similar to those
    in several other agreements for cooperation that the United States has
    entered into subsequent to enactment of the NNPA. These include U.S.
    agreements with Japan and EURATOM. Among the documents I am transmitting
    herewith to the Congress is an analysis of the advance, long-term
    approvals contained in the proposed U.S. agreement with Switzerland. The
    analysis concludes that the approvals meet all requirements of the
    Atomic Energy Act, as amended.

    [[Page 136]]

        I believe that the proposed agreement for cooperation with
    Switzerland will make an important contribution to achieving our
    nonproliferation, trade, and other significant foreign policy goals.
        In particular, I am convinced that this agreement will strengthen
    the international nuclear nonproliferation regime, support of which is a
    fundamental objective of U.S. national security and foreign policy, by
    setting a high standard for rigorous nonproliferation conditions and
    controls.
        Because the agreement contains all the consent rights and guarantees
    required by current U.S. law, it represents a substantial upgrading of
    the U.S. controls in the recently-expired 1965 agreement with
    Switzerland.
        I believe that the new agreement will also demonstrate the U.S.
    intention to be a reliable nuclear trading partner with Switzerland, and
    thus help ensure the continuation and, I hope, growth of U.S. civil
    nuclear exports to Switzerland.
        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 the 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,

    January 28, 1998.

    Note: This message was released by the Office of the Press Secretary on
    January 29.