[Weekly Compilation of Presidential Documents Volume 40, Number 10 (Monday, March 8, 2004)]
[Pages 344-345]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Message to the Congress Transmitting a Proposed Protocol Amending the 
Indonesia-U.S. Agreement Concerning Nuclear Energy

March 4, 2004

To the Congress of the United States:

    I am pleased to transmit to the Congress, consistent with sections 
123 b. and 123 d. of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2153(b), (d)) (the ``Act''), the text of a proposed Protocol 
Amending the Agreement for Cooperation Between the Government of the 
United States of America and the Government of the Republic of Indonesia 
Concerning Peaceful Uses of Nuclear Energy, signed at Washington on June 
30, 1980. I also transmit my written approval, authorization, and 
determination concerning the Protocol, and an unclassified Nuclear 
Proliferation Assessment Statement (NPAS) concerning the Protocol. 
(Consistent 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), a classified Annex to the NPAS, prepared by the Secretary of State 
in consultation with the Director of Central Intelligence, summarizing 
relevant classified information, will be submitted to the Congress 
separately.) 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.
    I am advised that the proposed Protocol has been negotiated 
consistent with the Act and other applicable law and that it meets all 
statutory requirements. This Protocol will advance the nonproliferation 
and other foreign policy interests of the United States.
    The Protocol amends the Agreement for Cooperation Between the 
Government of

[[Page 345]]

the United States of America and the Government of the Republic of 
Indonesia Concerning Peaceful Uses of Nuclear Energy in two respects:
    1. It extends the Agreement, which expired by its terms on December 
30, 2001, until December 30, 2031, with effect from the former date; and
    2. It updates certain provisions of the Agreement relating to the 
physical protection of nuclear material subject to the Agreement.
    As amended by the proposed Protocol, the Agreement will continue to 
meet all requirements of U.S. law.
    Indonesia 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 was also 
among the early sponsors of, and is a current party to, the Southeast 
Asia Nuclear Weapons Free Zone. The United States and Indonesia have had 
a long and positive history of cooperation in the peaceful uses of 
nuclear energy, with our earliest agreement for this purpose dating back 
to 1960.
    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 immediately the consultations with the Senate 
Foreign Relations Committee and House International Relations Committee 
consistent with 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.
                                                George W. Bush
 The White House,
 March 4, 2004.

Note: This message was released by the Office of the Press Secretary on 
March 5. An original was not available for verification of the content 
of this message.