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I am writing to you with respect to
sections (b)(1) and (b)(2) of Public Law 99-183, relating to the approval and
implementation of the Agreement for Nuclear Cooperation Between the United
States and the People's Republic of China, and with respect to section
902(a)(6)(B) of Public Law 101-246. The sections of Public Law 99-183 cited
above require certifica-tions to the Congress and a report to the Speaker of the
House of Representatives and the Chairman of the Committee on Foreign Relations
of the Senate before exports or retransfers to China under the Agreement may
begin. Sections 902(a)6(B)(i), (ii) and (iii) of Public Law 101-246 require a
certifi-cation to the Congress and report to the Congress before terminating the
suspensions and automatic disapprovals of nuclear cooperation with China.
I have made the certifications pursuant to section (b)(l) of Public Law
99-183 and section 902(a)(6)(B)(i) of Public Law 101-246, a copy of which is
enclosed. The certifica-tions pursuant to section (b)(1) of Public Law 99-183
satisfy the condition under section 902(a)(6)(B)(ii). Submitted herewith, in
accordance with the requirements of section (b)(2) of Public Law 99-183, is a
report in unclassified form detailing the history and current developments in
the nonproliferation policies, practices and assurances of the People's Republic
of China. Because of the information controls that apply to the classified
report, I am transmitting it by separate letter to the House Permanent Select
Committee on Intelligence and the Senate Select Committee on Intelligence.
In accordance with Public Law 99-183, I have certified as to three matters:
(A) That the reciprocal arrangements made pursuant to Article 8 of the
Agreement have been designed to be effective in ensuring that any nuclear
material, facilities or components provided under the Agreement shall be
utilized solely for intended peaceful purposes as set forth in the Agreement.
The arrangements for exchanges of information and visits are provided for in
a Memorandum of Understanding initialed on June 23, 1987. Side notes on
protection of business confidential information were signed on October 22, 1997.
These documents, along with a detailed explanation of my certification, are
enclosed. These arrangements will provide the United States with the right to
obtain all the information necessary to maintain an inventory of the items
subject to the Agreement. This will include information on the operation of
facilities subject to the Agreement, the isotopic composition, physical form and
quantity of material subject to the Agreement and the places where items subject
to the Agreement are used or kept. The arrangements also provide the United
States with the right to confirm through on-site visits the use of all items
subject to the Agreement. Finally, the arrangements apply as long as the
provisions of Article 8(2) of the Agreement continue in effect, that is, as long
as items subject to the Agreement remain in China's territory or under its
jurisdiction or control. My determination that these arrangements have been
designed to be effective in ensuring that items provided under the Agreement are
utilized for intended peaceful purposes is based on consideration of a range of
factors, including the limited scope of nuclear cooperation permitted under the
Agreement, U.S. export-control procedures that will apply to any transfers to
China under the Agreement, the fact that the People's Republic of China is a
nuclear-weapon state and that the safeguards of the International Atomic Energy
Agency (IAEA) or their equivalent are not required by the Atomic Energy Act for
agreements for cooperation with nuclear weapon states. These arrangements will
be published in the Federal Register using the procedure applicable to
sub-sequent arrangements under section 131(a) of the Atomic Energy Act.
(B) That the Government of the People's Republic of China has provided
additional information concerning its nuclear nonproliferation policies and
that, based on this and all other information available to the United States
Government, the People's Republic of China is not in violation of paragraph (2)
of section 129 of the Atomic Energy Act of 1954.
The United States Government has received additional informa-tion from the
People's Republic of China concerning its non-proliferation policies since the
enactment of Public Law 99-183 on December 16, 1985, most recently, China's May
1996 statement, its May 1997 State Council Notice on nuclear export policy and
its September 1997 nuclear export control regulations (all of which are
discussed in the enclosed unclassified report on China's nonproliferation
policies and practices). On the basis of this and all other information
available to the United States Govern-ment, I conclude that there is no legal
bar to cooperation in this area, and, in particular, that paragraph (2) of
section 129 of the Atomic Energy Act does not foreclose nuclear cooperation. The
Government of the People's Republic of China has made substantial strides in
joining the international nonproliferation regime, and in putting in place a
comprehensive system of nuclear-related, nationwide export controls, since the
nuclear cooperation agreement was concluded in 1985. I believe the initiation of
cooperation under the Agreement will bring significant nonproliferation benefits
to the United States.
(C) That the obligation to consider favorably a request to carry out
activities described in Article 5(2) of the Agreement shall not prejudice the
decision of the United States to approve or disapprove such a request.
The U.S. consent rights provided for in Article 5(2) of the Agreement satisfy
this standard because the specific language used ensures that the United States
must exercise an approval right before the activity in question is carried out.
During Congressional consideration of the Agreement, the executive branch
provided both the Senate Foreign Relations Committee and the House Foreign
Affairs Committee with a legal memorandum on issues relating to the Agreement
which covered this point in detail.
In accordance with Public Law 101-246, I have certified that China has
provided clear and unequivocal assurances to the United States that it is not
assisting and will not assist any nonnuclear-weapon state, either directly or
indirectly, in acquiring nuclear explosive devices or the material and
components for such devices. This certification is based on the statements,
policies, and actions by China that were discussed above in connection with the
certification under section (b)(1)(A) of Public Law 99-183.
Pursuant to the authority vested in me by section 902(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246), I
hereby report to the Congress that it is in the national interest of the United
States to terminate the suspensions and automatic disapprovals under section
902(a)(6). A document discussing the rationale for this report is enclosed. I
believe the Agreement will have a significant, positive impact in promoting U.S.
nonproliferation and national security interests with China and in building a
stronger bilateral rela-tionship with China based on respect for international
norms.
This report under section 902(b)(2) satisfies the condition under section
902(a)(6)(B)(iii).
With the submission of the certifications and reports called for by Public
Law 99-183 and Public Law 101-246, I am pleased that the process is underway to
begin nuclear cooperation with China.
Sincerely,
WILLIAM J. CLINTON
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
