[Weekly Compilation of Presidential Documents Volume 34, Number 5 (Monday, February 2, 1998)]
[Pages 152-153]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Message to the Congress Transmitting the Kazakhstan- United States 
Agreement on Peaceful Uses of Nuclear Energy and 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 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

[[Page 153]]

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.