PRESIDENT OBAMA'S MESSAGE TO CONGRESS ON U.S.-CHINA NUCLEAR ENERGY AGREEMENT

FROM:  THE WHITE HOUSE
April 21, 2015

Message to Congress -- Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy

TO THE CONGRESS OF THE UNITED STATES:

I am pleased to transmit to the Congress, pursuant to subsections 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 Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy (the "Agreement").  I am also pleased to transmit my written approval, authorization, and determination concerning the Agreement, and an unclassified Nuclear Proliferation Assessment Statement (NPAS) concerning the Agreement.  (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), two classified annexes to the NPAS, prepared by the Secretary of State, in consultation with the Director of National Intelligence, summarizing relevant classified information, will be submitted to the Congress separately.)  The joint memorandum submitted to me by the Secretaries of State and Energy and a letter from the Chairman of the Nuclear Regulatory Commission stating the views of the Commission are also enclosed.  An addendum to the NPAS containing a comprehensive analysis of China's export control system with respect to nuclear-related matters, including interactions with other countries of proliferation concern and the actual or suspected nuclear, dual-use, or missile-related transfers to such countries, pursuant to section 102A(w) of the National Security Act of 1947 (50 U.S.C. 3024(w)), is being submitted separately by the Director of National Intelligence.

The proposed Agreement has been negotiated in accordance with the Act and other applicable law.  In my judgment, it meets all applicable statutory requirements and will advance the nonproliferation and other foreign policy interests of the United States.

The proposed Agreement provides a comprehensive framework for peaceful nuclear cooperation with China based on a mutual commitment to nuclear nonproliferation.  It would permit the transfer of material, equipment (including reactors), components, information, and technology for nuclear research and nuclear power production.  It does not permit transfers of any Restricted Data.  Transfers of sensitive nuclear technology, sensitive nuclear facilities, and major critical components of such facilities may only occur if the Agreement is amended to cover such transfers.  In the event of termination, key nonproliferation conditions and controls continue with respect to material, equipment, and components subject to the Agreement.

The proposed Agreement would obligate the United States and China to work together to enhance their efforts to familiarize commercial entities in their respective countries about the requirements of the Agreement as well as national export controls and policies applicable to exports and imports subject to the Agreement.  It would have a term of 30 years from the date of its entry into force.  Either party may terminate the proposed Agreement on at least 1 year's written notice to the other party.

Since the 1980s, China has become a party to several nonproliferation treaties and conventions and worked to bring its domestic export control authorities in line with international standards.  China joined the Treaty on the Non-Proliferation of Nuclear Weapons in 1992 as a nuclear weapon state, brought into force an Additional Protocol to its International Atomic Energy Agency safeguards agreement in 2002, and joined the Nuclear Suppliers Group in 2004.  China is a party to the Convention on the Physical Protection of Nuclear Material, which establishes international standards of physical protection for use, storage, and transport of nuclear material, and has ratified the 2005 Amendment to the Convention.  A more detailed discussion of China's civil nuclear program and its nuclear nonproliferation policies and practices, including its nuclear export policies and practices, is provided in the NPAS and in two classified annexes to the NPAS submitted to you separately.  As noted above, the Director of National Intelligence will provide an addendum to the NPAS containing a comprehensive analysis of the export control system of China with respect to nuclear-related matters.

I have considered the views and recommendations of the interested departments and 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 proposed Agreement 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 Act.  My Administration is prepared to begin immediately the consultations with the Senate Foreign Relations Committee and the House Foreign Affairs Committee as provided in section 123 b.  Upon completion of the 30 days of continuous session review provided for in section 123 b., the 60 days of continuous session review provided for in section 123 d. shall commence.



 BARACK OBAMA

FACT SHEET ON IAEA PEACEFUL INITIATIVE

FROM:  U.S. STATE DEPARTMENT 
The IAEA Peaceful Uses Initiative and the NPT
Fact Sheet
Bureau of International Security and Nonproliferation
Washington, DC
January 1, 2015
The Initiative

During 2010, the International Atomic Energy Agency (IAEA) established the Peaceful Uses Initiative (PUI) to raise extrabudgetary contributions in support of Agency activities that promote the peaceful uses of nuclear technology.

The PUI supports implementation of Article IV of the Nuclear Non-Proliferation Treaty (NPT), which requires NPT States Parties that are “in a position to do so” to “cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes.”

Participation

At least 18 IAEA Member States and the European Union have together provided the PUI approximately $77 million in financial or in-kind contributions. The United States has provided over $50 million of this amount.

Impact

Since 2010, the PUI has provided the IAEA with additional flexibility and resources for high priority IAEA Member State projects, including responding to unforeseen challenges. These projects support human health, water resource management, food security, protection of the environment, nuclear power infrastructure development, and nuclear safety and security. They are administered by the IAEA Departments of Nuclear Energy, Nuclear Sciences and Applications, Technical Cooperation, and Nuclear Safety and Security.

The list of countries having benefited from PUI-supported IAEA projects has grown to more than 120 states worldwide. Examples of PUI-supported peaceful uses activities include:

Advancing Human Health: The PUI has supported the advancement of education and training in nuclear medicine, application of nuclear techniques to improve the treatment of cardiac patients, enhancement of early detection capabilities for Ebola in Africa, and strengthening of national capacities in states throughout the world to detect and treat cancer.

Supporting Water Resource Management: PUI funding has supported the design of a large-scale water management project to respond to sustained drought and widespread starvation and malnutrition in the Sahel region of Africa.
Ensuring Food Security: The PUI has helped to fund expanded laboratory capacities in Africa to improve the detection of transboundary animal diseases, and in Latin America to ensure food safety and reduce the fruit fly threat to agricultural resources. The PUI has also supported the development of a sustainable zone free of the tsetse fly in the Niayes region of Senegal to relieve the burden of trypanosomiasis and increase food and agricultural productivity.
Protecting the Environment: PUI contributions have helped to fund projects to better understand the effects of climate change, determine and trace pollution in marine waters, mitigate the effects of harmful algal blooms, and promote global actions against ocean acidification.

Developing Nuclear Power Infrastructure: The PUI has supported IAEA efforts to strengthen nuclear power infrastructure development in Member States, provide bilateral legislative assistance to nuclear newcomer countries, promote sustainable uranium mining practices, and enhance technical and management capacity in states considering nuclear power.

Promoting Nuclear Safety and Security: PUI contributions have helped to fund projects that strengthen the control of radioactive sources and radioactive waste, upgrade radiation protection infrastructures, support human resource development in nuclear security, and strengthen national capabilities for responding to nuclear and radiological emergencies.
Looking Forward

Though much has been achieved with the help of the PUI, there are always more needs to be met.

Providing funding to the PUI allows donors to address real needs in countries around the world, while simultaneously complementing their international assistance priorities and advancing the goals of the NPT. States are encouraged to explore with the IAEA Secretariat various projects to which they could contribute through the PUI, and to look for opportunities to partner with other governments on PUI-supported projects. Member States benefiting from the PUI are encouraged to highlight for others the impact of the PUI in advancing their national goals.

PRESIDENT APPROVES PEACEFUL USE OF NUCLEAR ENERGY AGREEMENT

FROM:   THE WHITE HOUSE  
Presidential Determination -- Taiwan

MEMORANDUM FOR THE SECRETARY OF STATE

THE SECRETARY OF ENERGY

SUBJECT: Proposed Agreement for Cooperation Between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States Concerning Peaceful Uses of Nuclear Energy

I have considered the proposed Agreement for Cooperation Between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States Concerning Peaceful Uses of Nuclear Energy, along with the views, recommendations, and statements of the interested agencies.

I have determined that the performance of the Agreement will promote, and will not constitute an unreasonable risk to, the common defense and security. Pursuant to section 123 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b)), I hereby approve the proposed Agreement and authorize the Secretary of State to arrange for its execution.

The Secretary of State is authorized to publish this determination in the Federal Register.

BARACK OBAMA