    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [January 28, 1998]
    [Pages 133-134]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Transmitting the Kazakhstan-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 Republic of
    Kazakhstan 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
    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 Kazakhstan has been
    negotiated in accordance

    [[Page 134]]

    with the Atomic Energy Act of 1954, as amended by the Nuclear Non-
    Proliferation Act of 1978 and as otherwise amended. In my judgment, the
    proposed agreement meets all statutory requirements and will advance the
    nonproliferation and other foreign policy interests of the United
    States. The agreement provides a comprehensive framework for peaceful
    nuclear cooperation between the United States and Kazakhstan under
    appropriate conditions and controls reflecting our common commitment to
    nuclear nonproliferation goals.
        Kazakhstan is a nonnuclear weapons state party to the Treaty on the
    Nonproliferation of Nuclear Weapons (NPT). Following the dissolution of
    the Soviet Union, the Republic of Kazakhstan agreed to the removal of
    all nuclear weapons from its territory. It has a full-scope safeguards
    agreement in force with the International Atomic Energy Agency (IAEA) to
    implement its safeguards obligations under the NPT. It has enacted
    national legislation to control the use and export of nuclear and dual-
    use materials and technology.
        The proposed agreement with the Republic of Kazakhstan 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 retransfer, 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.
        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 provided
    for in section 123 d. shall commence.

                                                          William J. Clinton

    The White House,

    January 28, 1998.