U.S. and China Affirm Nuclear Technology Exchange Safeguards

16 September 2003

U.S. Department of State Press Release

The Department of Energy (DOE) issued a press release September 16 announcing that it had joined the China Atomic Energy Authority (CAEA) in signing a Statement of Intent covering the process for determining what nuclear technologies require government-to-government nonproliferation assurances and procedures for exchanging the assurances.

According to DOE, the lack of legally-required peaceful-uses and nonproliferation assurances from the Chinese Government to the U.S. Government have prevented some U.S. firms from participating in China's growing nuclear power program.

The Statement of Intent confirms that, when nuclear technology proposed for transfer is determined to require nonproliferation assurances, the government of the recipient country will pledge that the technology will be used exclusively for peaceful purposes and will not be retransferred to another country without the prior consent of the government of the supplier country.

In addition, the document verifies that both countries accept that reciprocal nonproliferation assurances will be exchanged when required for joint U.S.-Chinese projects.

DOE also affirms U.S. acceptance of the proposal to extend term limits on DOE authorizations for such projects.

The Statement of Intent was signed September 16 in a ceremony at the International Atomic Energy Agency General Conference in Vienna, Austria.

Following is the text of the press release:

September 16, 2003

Secretary Abraham and Chairman of China Atomic Energy Authority Affirm Understandings on Nuclear Technology Exchange

VIENNA, AUSTRIA - Secretary of Energy Spencer Abraham and the Chairman of the China Atomic Energy Authority (CAEA) affirmed their commitment today to recent understandings reached by the two countries on exchange of nonproliferation assurances required for exchanges of nuclear technology.

"These understandings open the way for greater participation by U.S. nuclear industry in China's growing nuclear power program," Secretary Abraham said after he and CAEA Chairman Zhang Hua-zhu signed a Statement of Intent in a ceremony at the International Atomic Energy Agency General Conference in Vienna, Austria.

The understandings, adopted formally in an exchange of diplomatic notes between the U.S. Embassy in Beijing and China's Ministry of Foreign Affairs, establish a process for determining what nuclear technologies require government-to-government nonproliferation assurances and set forth procedures for exchanging the assurances. In the Statement of Intent, Secretary Abraham and Chairman Zhang declare they will implement the understandings "effectively and efficiently, and with all necessary resources of our respective organizations."

The understandings enable U.S. firms to use their authorizations under Department of Energy (DOE) regulations 10 CFR Part 810 to provide technology and services to the Chinese nuclear power program. Until now, lack of legally-required peaceful-uses and nonproliferation assurances from the Chinese Government to the U.S. Government prevented some firms from using their authorizations. The understandings state that when nuclear technology proposed for transfer is determined to require nonproliferation assurances, the government of the recipient country will pledge that the technology will be used exclusively for peaceful purposes and will not be retransferred to another country without the prior consent of the government of the supplier country.

The understandings also state that the term limits on DOE authorizations will be extended, when requested by CAEA for an individual contract. This addresses Chinese concern that a term-limited authorization might expire before contracted work is completed.

In addition, reciprocal nonproliferation assurances will be exchanged when required for joint U.S.-Chinese projects. The first reciprocal assurances are to enable collaboration between Massachusetts Institute of Technology's Department of Nuclear Engineering and Tsinghua University's Institute of Nuclear Energy Technology on a Modular High Temperature Gas Pebble Bed Reactor (MPBR).

The understandings were reached in three years of discussions in Beijing, Washington, and Vienna between the U.S. Departments of State and Energy and the Chinese foreign ministry and CAEA.

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.