[Weekly Compilation of Presidential Documents Volume 34, Number 19 (Monday, May 11, 1998)]
[Pages 810-811]
[Online from the Government Publishing Office, www.gpo.gov]

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

[[Page 811]]

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 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.