    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [May 6, 1998]
    [Pages 708-709]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Transmitting the Ukraine-United States Peaceful
    Nuclear Cooperation Agreement With Documentation
    May 6, 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 United States of America and Ukraine 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 Ukraine has been negotiated in
    accordance 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

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    United States and Ukraine under appropriate conditions and controls
    reflecting our common commitment to nuclear nonproliferation goals.
        The proposed new agreement with Ukraine 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 of such facilities. In the event of termination, key
    conditions and controls continue with respect to material and equipment
    subject to the agreement.
        Ukraine is a nonnuclear weapon state party to the Treaty on the
    Nonproliferation of Nuclear Weapons (NPT). Following the dissolution of
    the Soviet Union, Ukraine 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. Ukraine was accepted as a member
    of the Nuclear Suppliers Group in April 1996, and as a member of the NPT
    Exporters Committee (Zangger Committee) in May 1997.
        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. My 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,

    May 6, 1998.