1985 US-China Nuclear Cooperation
Agreement - Statements and Developments
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This chronology includes statements and developments on issues related to the 1985 US-China nuclear cooperation agreement (NCA), including efforts to implement the agreement and US and Chinese positions on the issue.
01/12/2004: The Department of Energy issued a press release announcing that the U.S. Secretary of Energy, Spencer Abraham, and the Chairman of China's Atomic Energy Authority, Zhang Huazhu, had that same day signed a Statement of Intent establishing a process for cooperating with each other and for collaborating with the IAEA on a range of nuclear nonproliferation and security activities. According to initial official reports, these activities include efforts to strengthen export controls, international nuclear safeguards, physical protection of nuclear materials and facilities, nuclear emergency management, and radioactive source security by setting up information exchanges and training programs. ["U.S., China Intensify Nuclear Nonproliferation Cooperation - Press Release," U.S. Department of State, 12 January 2004.]
9/18/03: China and the U.S. signed an agreement protecting U.S. vendors' rights to nuclear technology and services sold to China. This agreement specifically precluded transfer to other countries or use other than for peaceful purposes. The agreement further opened the way for greater participation by the U.S. nuclear industry in China's growing nuclear power program. Reciprocal assurances reportedly will enable collaboration on a modular high-temperature gas-cooled pebble bed reactor. ["World Nuclear Association Weekly Digest," Nucleonics Week via World Nuclear Association, http://www.world-nuclear.org/news/2003/wd_sep19.htm, 18 September 2003.]
5/9/00: The Washington Times reported that the U.S. Energy Department export licenses for equipment to be sold to China have been delayed because China has not agreed to prohibit the transfer of US technology to third countries. Chinese Embassy spokesman, Zhang Yuanyuan said that the Chinese government opposes U.S. demands because they were not included in the original 1985 nuclear cooperation agreement. He also stated, "The request we got was that maybe China could make a blanket statement saying that it was not going to use American technology for military purposes, or [that it was] not going to transfer the American technology to any third parties. . .If we develop nuclear-power facilities and want to export to third countries, it will be hard to determine if the technology is indigenously developed or from the US. That's the reason we don't want to give the assurances." [Bill Gertz, "Beijing Stalls On Nuclear Promises," Washington Times, 9 May 2000, p. 1]
2/3/00: The US Energy Department approved a cooperative effort between the Massachusetts Institute of Technology and Qinghua University on the design of a pebble-bed modular high-temperature gas reactor. The three year project is subject to the U.S. receiving Chinese assurances that all transferred US technology will be used in civilian activities and that the transfer of technology to third countries will have to be approved by the U.S. This was the first authorization the DOE has issued for a technology transfer to China since 1998. [Michael Knapik, "US Tries to Jump-Start Negotiations With China Over Part 810 Assurances," NuclearFuel, 15 May 2000.]
2/18/99: Nucleonics Week reported that a Spanish-U.S.- Japanese consortium made up of Westinghouse, Mitsubishi Heavy Industries and SEPI was formed to market Westinghouse PWRs in China. Westinghouse is offering China a 1,000-MW-class PWR. ["Spanish, US, and Japanese Firms Form Alliance to Sell China PWRs," Nucleonics Week, 18 February 1999, p. 5]
8/10/98: The NRC issued its first ever licenses for the export of reactor hardware to China. The licenses were approved for Superior Tube Co. to export Zircaloy-4 tubing and for Grimes Aerospace Co. to export shaft seal assemblies for nuclear projects in China. It also has been reported that Westinghouse had applied for licenses to export components that could be used in the reactors of the Guangdong Nuclear Power Joint Venture Co., the Qinshan Nuclear Power Co. or the Ling Ao Nuclear Power Co. ["NRC Issues First Ever Licenses to Export Components to China," Nucleonics Week, 13 August 1998 pp.1-2.]
7/17/98: Westinghouse has announced the signing of a Memorandum of Understanding (MOU) with China National Nuclear Corp. (CNNC) to cooperate in the development and marketing of advanced passive PWR technology and to "pursue and support" advanced light water reactor programs. ["Westinghouse Signs Memorandum With CNNC For Reactor Development," Nucleonics Week, 23 July 1998, p. 7]
6/30/98: General Electric was awarded a contract worth US $161.7 million for turbine power generators. [Anil K. Joseph, "US, China wrap up nuclear deal," The Times of India (on line), 30 June 1998.]
4/27/98: Responding to questions regarding changes in licensing procedures for the sale of nuclear related technology to China, assistant secretary of commerce for export administration, Roger Majak, said, "The effect of [the agreement] on us is it has changed the manner in which we consider export license requests [to China] from a presumption of denial to a presumption of approval." [Barbara Opall-Rome, "China Pact Eases Grip on Nuclear Licenses," Defense News, 4-10 May, 1998, pp.4, 28.]
4/9/98: Formal approval by China's State Planning Commission is expected to be completed by the end of 1998 for two reactors in Yangjiang (Guangdong province) and at least two reactors in Haiying (Shandong province). These reactors are likely to be awarded to foreign firms. ["Reactor Orders May Be Placed in 1999 For Shandong, Yangjiang," Nucleonics Week, 9 April 1998, p. 1.]
3/30/98: Only days after The China-US Nuclear Agreement on Cooperation Concerning the Peaceful Uses of Nuclear Technology agreement went into effect, five US firms asked the U.S. Department of Energy for authorization to provide nuclear technology and service to the country. [Spent Fuel, 30 March 1998.]
3/19/98: Thirteen US representatives sent a letter to President Clinton requesting the him to terminate implementation of the U.S.-China Nuclear Cooperation Agreement. [Letter to President Clinton, 19 March 1998]
3/19/98: The China-US Nuclear Agreement on Cooperation Concerning the Peaceful Uses of Nuclear Technology went into effect on 19 March after the U.S. Congress failed to respond to President Clinton's certification. [Beijing Review, April 13-19 1998, p.6]
2/4/98: In his testimony before the House Committee on International Relations, Deputy Assistant Secretary of State for Nonproliferation Robert J. Einhorn said that China "appear[s] to be taking ... very seriously" its pledge to stop spreading dangerous nuclear technology. Beijing is phasing out its nuclear cooperation with Iran and putting into place for the first time a system aimed at controlling the export of nuclear and dual-use materials, he said. However, it "had sold missile equipment and technology, dual-use chemicals and production equipment, and advanced conventional arms to recipients in regions of instability, primarily Iran and Pakistan." ["China Trying to Control Arms," AFP, 4 February 1998.] Einhorn stated further:
- "In the interest of advancing U.S. nonproliferation goals -- as well as of
promoting America's overall interest in building a mutually advantageous
relationship with China that is firmly based on a shared respect for
international norms such as nonproliferation -- we ask that the Committee
join us in supporting the prompt implementation of the 1985 Agreement."
[Testimony of Robert J. Einhorn, Deputy Assistant Secretary of State for
Nonproliferation, before the House Committee on International Relations,
"Hearing on US-China Nuclear Cooperation Agreement," 4 February 1998]
1/16/98: A Chinese Foreign Ministry spokesman stated, during a telephone interview with AFP, that "The Chinese side welcomes Clinton's signing of the relevant certifications to initiate the agreement...It is hoped the U.S. will complete the relevant procedures as soon as possible so an early implementation of this agreement will be realized...China and the U.S. share a common interest in the peaceful use of nuclear technology. An early implementation of the agreement on the peaceful use of nuclear equipment will benefit both sides." ["Beijing calls for early implementation of China-US nuclear agreement, AFP, 16 January 1998.]
1/12/98: President Clinton signed the formal certifications and reports required by U.S. law to implement the agreement, and submitted them to the U.S. Congress, along with unclassified and classified reports covering China's assurances to control nuclear exports.
11/24/97: During a press briefing, U.S. National Security Advisor Sandy Berger answered the following questions:
- Question: "Was there any elaboration on--the Chinese are delighted
that the President said that he would push for peaceful exchange of nuclear
technology, non-weapon technology. Did they develop it at all?"
Answer: "...just to put it back in the context for each of you, when Jiang was in the United States and the discussion leading up to that, we received the kinds of assurances with respect to non-participation of programs of other countries involved in developing nuclear weapons, which enabled us to make the certification under the 1985 Peaceful Nuclear Energy Agreement, which, in turn, would allow American firms to sell equipment to China involved in nuclear civil electrical power plants. The President indicated that he intended to go forward with that certification. Jiang indicated he was pleased that was the case."
Question: "So you're going to ask Congress to approve?"
Answer: "Well, you notify Congress."
Question: "...You can have the sale and then--what procedure is he going to follow, do you know?"
Answer: "Our intention is to notify Congress as provided under law. And then what happens is that if a particular company wants to sell a turbine it has to go to the Commerce Department, get a license; that licensing procedure is one in which you can determine what the end use is, you can place some constraints with respect to a particular sale." [The White House, Office of the Press Secretary, "Press Briefing by National Security Advisor Sandy Berger, Assistant to the President for International Economic Policy Dan Tarullo, Deputy National Security Advisor Jim Steinberg, and Deputy Secretary of Treasury Larry Summers," 24 November 1997.]
11/5/97: The U.S. House of Representatives voted, by 394-29, to extend from 30 days to 120 days the period for review of President's Clinton's certification for the 1985 US-China nuclear cooperation agreement (NCA). The extension was contained in the Political Freedom in China Act of 1997. Congress would also be able to reject the agreement. With such an extension, Congress would have until late spring 1998 to review the certification, rather than until February. ["U.S. Congress Votes to Stall Nuclear Energy Deal," Inside China Today (online version), 6 November 1997.]
10/30/97: US State Department briefer James Rubin stated:
- "Once the certification procedure has been completed with Congress, US
companies may apply to the US Nuclear Regulatory Commission for licenses to
export nuclear equipment and materials, such as reactors and low enriched
uranium fuel. The Nuclear Regulatory Commission forwards export applications
to the Department of State to coordinate our reviews by the various
agencies. Written confirmation must be obtained from the Chinese Government
that the transfer will be subject to the cooperation agreement. Once that's
obtained, the Department of State provides coordinated agency views."
"The Regulatory Commission then prepares recommendations, based on this process. If the commissioners concur, then the approval over the export license is issued. The time ordinarily required for Executive Branch review and NRC action for a major case like the first export of a reactor to China is from 60 to 120 days."
"The U.S. and China have agreed to a memorandum of understanding on arrangements for visits and exchanges of information. This memorandum of understanding will permit us to monitor sales and uses of equipment. In addition, the licensing decisions required for individual nuclear transactions will give the US the opportunity to make any necessary adjustments."
"The Chinese know that any actions inconsistent with their obligations and assurances to us would jeopardize continued nuclear cooperation with the United States." [US Department of State, Daily Press Briefing, 30 October 1997.]
10/29/97: At the US-China summit, President Clinton stated:
- "President Jiang and I agreed that the United States and China share a
strong interest in stopping the spread of weapons of mass destruction and
other sophisticated weaponry in unstable regions and rogue states--notably
Iran. I welcome the steps China has taken and the clear assurances it has
given today to help prevent the proliferation of nuclear weapons and related
technology. On the basis of these steps and assurances, I agreed to move
ahead with the U.S.-China agreement for cooperation concerning the peaceful
uses of nuclear energy. It will allow our companies to apply for licenses to
sell equipment to Chinese nuclear power plants, subject to U.S. monitoring.
This agreement is win-win-win. It serves America's national security,
environmental and economic interests." [The White House,
Office of the Press Secretary, "Press Conference by President Clinton and
President Jiang Zemin," 29 October 1997.]
10/27/97: In response to President Clinton's 24 October 1997 statement that China had abided by its 11 May 1996 pledge not to provide assistance to unsafeguarded nuclear facilities, U.S. Senators Shelby and Helms, along with nine other Senators, said in a letter to the White House that "We believe that implementation of this agreement, now or in the immediate future," would be premature. They added that, "We believe it is too soon to conclude that China has changed its policies sufficiently to merit access to U.S. nuclear technology". [R. Jeffrey Smith, "Senators Doubt China's Pledge On Pakistan Ties," Washington Post, 28 October 1997, p. 9; Bill Gertz, "Nuclear sales to China too chancy, foes insist," Washington Times, 28 October 1997, p. 1.]
10/24/97: Taiwanese legislators expressed concern that the U.S.-China nuclear cooperation would have a major impact on the military balance of the Western Pacific region over the next 10-20 years. ["Taiwan: Foreign Minister on Need to Monitor Sino-US Nuclear Cooperation," BBC Monitoring Service, 28 October 1997.]
7/31/97: A group of 62 members of Congress sent a letter to Clinton opposing the President's certification of the NCA, which stated, "We do not believe that there exists substantial evidence that China has adopted export controls that are effective at halting the proliferation of weapons of mass destruction...We are concerned that certifying the 1985 Nuclear Cooperation Agreement could accelerate the acquisition of nuclear weapons by non-weapons states such as Pakistan or Iran".
11/20/96: Chinese Foreign Ministry spokesman Cui Tiankai stated: "We believe it is high time to put this agreement in practice," adding that "The China market is very big," and that both sides would benefit if U.S. companies provided nuclear technology to China. On China's agreement to hold regular talks on nonproliferation, Cui said: "All I can say is the two sides will meet every year and hold a dialogue...to discuss comprehensive issues about global security and non-proliferation." [William Kazer, Reuters, 20 November 1996; in Executive News Service, 20 November 1996.]
11/20/96: At a press conference, US Secretary of State Warren Christopher said that the United States and China "will work for an early implementation of the 1985 U.S.-China Agreement for Peaceful Nuclear Cooperation. This will require establishing the basis for putting the agreement into practice. I am encouraged that China has agreed to formulate and adopt comprehensive nationwide regulations on nuclear export control. Both sides reiterated that we will fulfill our previous obligations, including the 11 May 1996 Chinese commitment not to provide assistance to unsafeguarded nuclear facilities, a very important commitment on their part … As we move forward on nuclear nonproliferation, the United States is prepared to consider, as consistent with U.S. law, further steps in the area of peaceful nuclear cooperation, even in advance of our full implementation of the 1985 Agreement."
Christopher’s statement followed a Chinese announcement that it would establish a nationwide nuclear export control system.
Later in a question and answer session, the following question was asked:
Secretary Christopher: " I really meant just what I said, that if they are making progress toward putting the 1985 Agreement into effect, we are prepared to consider other things so long as we feel that they are making a faithful and conscientious effort and it might well include cooperation of the kind that you mentioned." ["Remarks By U.S. Secretary of State Warren Christopher," China World Hotel, Beijing, China, 20 November 1996; Michael Dobbs and Steve Mufson, "Christopher Cites 'Progress' In China Talks, But Areas Of Trouble Remain," Washington Post, 21 November 1996, p. A28; Carol Giacomo, "U.S. May Relax Curbs On Nuclear Sales To China," Reuters, 20 November 1996]
11/14/96: U.S. Assistant Secretary of State Winston Lord said that China still has not shown sufficient progress to implement the 1985 nuclear cooperation agreement. Lord said, "We are not at that point yet. We've made some progress in some areas, but we're going to have to keep working at it." US officials reportedly are seeking more "practical steps" such as enhanced nuclear export controls and a "pattern of behavior" indicating China's serious attitude toward nonproliferation. [Carol Giacomo, "No Nuclear Know-how Yet For China-U.S. Official," Reuters, 14 November 1996.]
11/8/96: ACDA Director John Holum stated that although the United States is "encouraged" with China's recent efforts to restrict its sensitive nuclear trade, the United States still has concerns before the 1985 nuclear cooperation agreement can be fully implemented. Holum said, " We still have two major concerns...First, we insist that countries like Iran, which is pursuing a nuclear program, should not be engaged with in nuclear trade. And we are concerned about a more comprehensive system of controls to make sure there are not violations" in U.S. domestic proliferation-related laws. Of particular concern to the United States is the possible sale of a uranium conversion facility to Iran. [Sid Balman, Jr., "U.S. Not Ready For China Nuke Trade," UPI, 8 November 1996; in Executive News Service, 18 November 1996.]
11/4/96-11/5/96: US Undersecretary of State Lynn Davis held talks on proliferation issues with Chinese officials in Beijing, following up the 11 May 1996 Chinese statement that it would not provide assistance to unsafeguarded nuclear facilities. Davis was also pushing for the cancellation of the proposed Chinese sale of a uranium conversion facility to Iran and for other Chinese assurances which could allow for the eventual implementation of the 1985 U.S.-China nuclear cooperation agreement. Senior U.S. officials reportedly have made the cancellation of the uranium conversion facility sale an informal condition of presidential certification which would allow for the cooperation agreement's implementation.
Davis stated that she was encouraged by Beijing's movement to restrict nuclear assistance to unsafeguarded facilities. But Davis also said that China needs to go further than its 11 May 1996 pledge, and said the United States would like China to establish a "comprehensive and rigorous system so these commitments can be carried out". [Scott Hillis, "U.S. Officials Start Proliferation Talks In China," Reuters, 4 November 1996; Mure Dickie, "U.S. Arms Official Encouraged By China Steps," Reuters, 5 November 1996; Sophie Roell, "U.S. 'Encouraged' By China Nuclear Arms Sales Stance," Financial Times, 6 November 1996, p. 6; Carol Giacomo, "No Nuclear Know-how Yet For China-U.S. Official," Reuters, 14 November 1996; R. Jeffrey Smith, "China May Cancel Proposed Sale Of Nuclear Facility To Iran," Washington Post, 6 November 1996, p. 9.]
10/20/96: U.S. and Chinese officials held talks in Washington on China's efforts to restrict its nuclear exports to unsafeguarded facilities. China National Nuclear Corporation (CNNC), State Science and Technology Commission (SSTC), and Foreign Ministry officials met with a U.S. interagency group of White House, State Department, and Energy Department officials. The objective of the talks was to move toward eventual certification by the Clinton administration that China is complying with US domestic nonproliferation laws, which would allow the 1985 U.S.-China nuclear cooperation agreement to enter into force. [Mark Hibbs, Kathleen Hart, and Wilson Dizard III, "U.S.-China Talks On Nuclear Export Controls To Resume In Washington," Nuclear Fuel, 21 October 1996, pp. 1, 8-9.]
9/96: At the IAEA General Conference in Vienna, China and the United States held high-level talks on the possible implementation of the 1985 Sino-U.S. nuclear cooperation agreement. U.S. concerns remain regarding China's nuclear assistance to Pakistan and Iran. [Mark Hibbs, "U.S., China Aim To Relaunch Nuclear Cooperation Agreement," Nucleonics Week, 19 September 1996, p. 3.]
4/26/95: Chinese officials expressed interest in diversifying China's supply network for nuclear equipment to include the possible purchase of nuclear reactors from the United States, Canada, or Russia. The officials have suggested that US reactors would be preferred if US export restrictions can be lifted. [Craig S. Smith, Wall Street Journal, 26 April 1995, p. A11.]
4/10/95-4/11/95: During a high-level meeting, US Secretary of State Warren Christopher and Chinese Foreign Minister Qian Qichen agreed that the United States and China should consult at regular intervals on the topic of nuclear nonproliferation. Both Christopher and Qian approved of U.S.-China talks regarding fulfillment of the 1985 U.S.-China nuclear cooperation agreement, and indicated a second set of discussions on U.S.-China cooperation in the application of peaceful nuclear technology should take place in mid-1995. Due to the visit by Taiwanese President Lee Teng-hui to the United States, China cancelled the second round of talks. [Elaine Sciolino, New York Times, 18 April 1995, pp. A1, A6; R. Jeffrey Smith, Washington Post, 18 April 1995, p. A13; Gao Jian, Xinhua (Beijing), 17 April 1995; in FBIS-CHI-95-075, 18 April 1995.]
12/30/85: The U.S.-China Nuclear Cooperation Agreement entered into force (but not implemented).
12/16/85: President Reagan approved a joint resolution in the U.S. Congress (PL 99-183), requiring China to adhere to certain nonproliferation standards before the nuclear cooperation agreement can enter into force. ["The Credibility Of China's Nonproliferation Pledges And United States Sanctions: 1984-1996," compiled by the minority staff, Senate Governmental Affairs Committee, Summer 1996.]
7/24/85: In a transmittal letter submitting the U.S.-China nuclear cooperation agreement to Congress, President Ronald Reagan included his determination that the agreement met all requirements of US law. Reagan wrote: "Premier Zhao has made important statements of China's non-proliferation policy that make clear that China will not contribute to proliferation." ["The Credibility Of China's Nonproliferation Pledges And United States Sanctions: 1984-1996," compiled by the minority staff, Senate Governmental Affairs Committee, Summer 1996; Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 877.]
7/23/85: Chinese Vice Premier Li Peng and US Secretary of Energy John S. Herrington signed the U.S.-China nuclear cooperation agreement. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 876.]
6/85: The Reagan administration conducted a series of talks with China to assure the U.S. Congress of China's nonproliferation policies in order to ratify the U.S.-China nuclear cooperation agreement. In a June 1985 trip to Beijing, U.S. Ambassador-at-Large Richard T. Kennedy drafted a classified memorandum with several assurances and presented it to appropriate Chinese officials. The Chinese officials gave their verbal agreement with the memorandum but declined to sign it. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 877.]
4/84: During President Ronald Reagan's visit to Beijing, the United States and China initialed the U.S.-China nuclear cooperation agreement. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 876.]
2/83: During Secretary of State George Shultz's visit to Beijing, the United States formally made progress toward a bilateral nuclear cooperation agreement with China, conditional upon a clarification of Chinese nonproliferation policies. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 876.]
1983: Secretary of State George Shultz linked progress toward a U.S.-China nuclear cooperation agreement with China's commitment toward nonproliferation efforts. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 880.]
1982: The U.S.-China negotiations on a nuclear cooperation agreement were suspended. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 880.]
6/82: Assistant Secretary of State Walter Stoessel announced the existence of U.S.-China talks on a possible nuclear cooperation agreement during a speech to the National Council on United States-China Trade. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 875.]
9/81: The first discussions concerning a possible U.S.-China nuclear cooperation agreement were held when Assistant Secretary of State for Oceans and Environment James Malone visited Beijing. [Qingshan Tan, "U.S.-China Nuclear Cooperation Agreement: China's Nonproliferation Policy," Asian Survey, September 1989, p. 875.]
[1985 US-CHINA NUCLEAR COOPERATION AGREEMENT]
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