    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [January 12, 1998]
    [Pages 53-55]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders on the China-United States Nuclear
    Cooperation Agreement
    January 12, 1998

    Dear __________:
        I am writing to you with respect to sections (b)(1) and (b)(2) of
    Public Law 99-183, relating to the approval and implementation of the
    Agreement for Nuclear Cooperation Between the United States and the
    People's Republic of China, and with respect to section 902(a)(6)(B) of
    Public Law 101-246. The sections of Public Law 99-183 cited above
    require certifications to the Congress and a report to the Speaker of
    the House of Representatives and the Chairman of the Committee on
    Foreign Relations of the Senate before exports or retransfers to China
    under the Agreement may begin. Sections 902(a)6(B)(i), (ii) and (iii) of
    Public Law 101-246 require a certification to the Congress and report to
    the Congress before terminating the suspensions and automatic
    disapprovals of nuclear cooperation with China.
        I have made the certifications pursuant to section (b)(1) of Public
    Law 99-183 and section 902(a)(6)(B)(i) of Public Law 101-246, a copy of
    which is enclosed. The certifications pursuant to section (b)(1) of
    Public Law 99-183 satisfy

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    the condition under section 902(a)(6)(B)(ii). Submitted herewith, in
    accordance with the requirements of section (b)(2) of Public Law 99-183,
    is a report in unclassified form detailing the history and current
    developments in the nonproliferation policies, practices and assurances
    of the People's Republic of China. Because of the information controls
    that apply to the classified report, I am transmitting it by separate
    letter to the House Permanent Select Committee on Intelligence and the
    Senate Select Committee on Intelligence.
        In accordance with Public Law 99-183, I have certified as to three
    matters:
        (A) That the reciprocal arrangements made pursuant to Article 8 of
    the Agreement have been designed to be effective in ensuring that any
    nuclear material, facilities or components provided under the Agreement
    shall be utilized solely for intended peaceful purposes as set forth in
    the Agreement.
            The arrangements for exchanges of information and visits are
            provided for in a Memorandum of Understanding initialed on June
            23, 1987. Side notes on protection of business confidential
            information were signed on October 22, 1997. These documents,
            along with a detailed explanation of my certification, are
            enclosed. These arrangements will provide the United States with
            the right to obtain all the information necessary to maintain an
            inventory of the items subject to the Agreement. This will
            include information on the operation of facilities subject to
            the Agreement, the isotopic composition, physical form and
            quantity of material subject to the Agreement and the places
            where items subject to the Agreement are used or kept. The
            arrangements also provide the United States with the right to
            confirm through on-site visits the use of all items subject to
            the Agreement. Finally, the arrangements apply as long as the
            provisions of Article 8(2) of the Agreement continue in effect,
            that is, as long as items subject to the Agreement remain in
            China's territory or under its jurisdiction or control. My
            determination that these arrangements have been designed to be
            effective in ensuring that items provided under the Agreement
            are utilized for intended peaceful purposes is based on
            consideration of a range of factors, including the limited scope
            of nuclear cooperation permitted under the Agreement, U.S.
            export-control procedures that will apply to any transfers to
            China under the Agreement, the fact that the People's Republic
            of China is a nuclear-weapon state and that the safeguards of
            the International Atomic Energy Agency (IAEA) or their
            equivalent are not required by the Atomic Energy Act for
            agreements for cooperation with nuclear weapon states. These
            arrangements will be published in the Federal Register using the
            procedure applicable to subsequent arrangements under section
            131(a) of the Atomic Energy Act.
        (B) That the Government of the People's Republic of China has
    provided additional information concerning its nuclear nonproliferation
    policies and that, based on this and all other information available to
    the United States Government, the People's Republic of China is not in
    violation of paragraph (2) of section 129 of the Atomic Energy Act of
    1954.
            The United States Government has received additional information
            from the People's Republic of China concerning its
            nonproliferation policies since the enactment of Public Law 99-
            183 on December 16, 1985, most recently, China's May 1996
            statement, its May 1997 State Council Notice on nuclear export
            policy and its September 1997 nuclear export control regulations
            (all of which are discussed in the enclosed unclassified report
            on China's nonproliferation policies and practices). On the
            basis of this and all other information available to the United
            States Government, I conclude that there is no legal bar to
            cooperation in this area, and, in particular, that paragraph (2)
            of section 129 of the Atomic Energy Act does not foreclose
            nuclear cooperation. The Government of the People's Republic of
            China has made substantial strides in joining the international
            nonproliferation regime, and in putting in place a comprehensive
            system of nuclear-related, nationwide export controls, since the
            nuclear cooperation agreement was concluded in 1985. I believe
            the initiation of cooperation under the Agreement will bring
            significant nonproliferation benefits to the United States.
        (C) That the obligation to consider favorably a request to carry out
    activities described in Article 5(2) of the Agreement shall not
    prejudice

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    the decision of the United States to approve or disapprove such a
    request.
            The U.S. consent rights provided for in Article 5(2) of the
            Agreement satisfy this standard because the specific language
            used ensures that the United States must exercise an approval
            right before the activity in question is carried out. During
            Congressional consideration of the Agreement, the executive
            branch provided both the Senate Foreign Relations Committee and
            the House Foreign Affairs Committee with a legal memorandum on
            issues relating to the Agreement which covered this point in
            detail.
        In accordance with Public Law 101-246, I have certified that China
    has provided clear and unequivocal assurances to the United States that
    it is not assisting and will not assist any nonnuclear-weapon state,
    either directly or indirectly, in acquiring nuclear explosive devices or
    the material and components for such devices. This certification is
    based on the statements, policies, and actions by China that were
    discussed above in connection with the certification under section
    (b)(1)(A) of Public Law 99-183.
        Pursuant to the authority vested in me by section 902(b)(2) of the
    Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
    Law 101-246), I hereby report to the Congress that it is in the national
    interest of the United States to terminate the suspensions and automatic
    disapprovals under section 902(a)(6). A document discussing the
    rationale for this report is enclosed. I believe the Agreement will have
    a significant, positive impact in promoting U.S. nonproliferation and
    national security interests with China and in building a stronger
    bilateral relationship with China based on respect for international
    norms.
        This report under section 902(b)(2) satisfies the condition under
    section 902(a)(6)(B)(iii).
        With the submission of the certifications and reports called for by
    Public Law 99-183 and Public Law 101-246, I am pleased that the process
    is underway to begin nuclear cooperation with China.
        Sincerely,

                                                          William J. Clinton

    Note: Identical letters were sent to Newt Gingrich, Speaker of the House
    of Representatives; Albert Gore, Jr., President of the Senate; Jesse
    Helms, chairman, Senate Committee on Foreign Relations; and Benjamin A.
    Gilman, chairman, House Committee on International Relations. This
    letter was released by the Office of the Press Secretary on January 15.
    The memorandum of January 12 on certifications relating to the China-
    U.S. nuclear cooperation agreement is listed in Appendix D at the end of
    this volume.