[Weekly Compilation of Presidential Documents Volume 34, Number 3 (Monday, January 19, 1998)]
[Pages 64-66]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 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

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      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 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

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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.