[Weekly Compilation of Presidential Documents Volume 31, Number 39 (Monday, October 2, 1995)]
[Pages 1745-1746]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 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

[[Page 1746]]

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 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.