[Weekly Compilation of Presidential Documents Volume 35, Number 25 (Monday, June 28, 1999)]
[Pages 1175-1177]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Message to the Congress Transmitting a Protocol to the Canada-United
States Atomic Energy Agreement With Documentation
June 24, 1999
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
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Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b) and (d)), the
text of a proposed Protocol Amending the Agreement for Cooperation
Concerning Civil Uses of Atomic Energy Between the Government of the
United States of America and the Government of Canada signed at
Washington on June 15, 1955, as amended. I am also pleased to transmit
my written approval, authorization, and determination concerning the
Protocol, and an unclassified Nuclear Proliferation Assessment Statement
(NPAS) concerning the Protocol. (In accordance with section 123 of the
Act, as amended by Title XII of the Foreign Affairs Reform and
Restructuring Act of 1998 (Public Law 105-277), I have submitted to the
Congress under separate cover a classified annex to the NPAS, prepared
in consultation with the Director of Central Intelligence, summarizing
relevant classified information.) The joint memorandum submitted to me
by the Secretary of State and the Secretary of Energy and a letter from
the Chairman of the Nuclear Regulatory Commission stating the views of
the Commission are also enclosed.
The proposed Protocol has been negotiated in accordance with the
Atomic Energy Act of 1954, as amended, and other applicable law. In my
judgment, it meets all statutory requirements and will advance the
nonproliferation and other foreign policy interests of the United
States.
The Protocol amends the Agreement for Cooperation Concerning Civil
Uses of Atomic Energy Between the Government of the United States of
America and the Government of Canada in two respects:
1. It extends the Agreement, which would otherwise expire by its
terms on January 1, 2000, for an additional period of 30 years, with the
provision for automatic extensions thereafter in increments of 5 years
each unless either Party gives timely notice to terminate the Agreement;
and
2. It updates certain provisions of the Agreement relating to the
physical protection of materials subject to the Agreement.
The Agreement itself was last amended on April 23, 1980, to bring it
into conformity with all requirements of the Atomic Energy Act and the
Nuclear Non-Proliferation Act of 1978. As amended by the proposed
Protocol, it will continue to meet all requirements of U.S. law.
Canada ranks among the closest and most important U.S. partners in
civil nuclear cooperation, with ties dating back to the early days of
the Atoms for Peace program. Canada is also in the forefront of
countries supporting international efforts to prevent the spread of
nuclear weapons to additional countries. It is a party to the Treaty on
the Non-Proliferation of Nuclear Weapons (NPT) and has an agreement with
the IAEA for the application of full-scope safeguards to its nuclear
program. It also subscribes to the Nuclear Supplier Group (NSG)
Guidelines, which set forth standards for the responsible export of
nuclear commodities for peaceful use, and to the Zangger (NPT Exporters)
Committee Guidelines, which oblige members to require the application of
IAEA safeguards on nuclear exports to nonnuclear weapon states. It is a
party to the Convention on the Physical Protection of Nuclear Material,
whereby it has agreed to apply international standards of physical
protection to the storage and transport of nuclear material under its
jurisdiction or control.
Continued close cooperation with Canada in the peaceful uses of
nuclear energy, under the long-term extension of the U.S.-Canada
Agreement for Cooperation provided for in the proposed Protocol, will
serve important U.S. national security, foreign policy, and commercial
interests.
I have considered the views and recommendations of the interested
agencies in reviewing the proposed Protocol 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
Protocol and authorized its execution and urge that the Congress give it
favorable consideration.
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 immediate 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.,
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the 60-day continuous session period provided for in 123 d. shall
commence.
William J. Clinton
The White House,
June 24, 1999.