U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–011 2015

114th Congress, 1st Session – – – – – – – – – – – – – House Document 114–28 

TEXT OF A PROPOSED AGREEMENT BETWEEN THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PEOPLE’S REPUBLIC OF CHINA CONCERNING PEACEFUL USES OF NUCLEAR ENERGY 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

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, 

PURSUANT TO SUBSECTIONS 123 b. AND 123 d. OF THE ATOMIC 

ENERGY ACT OF 1954, AS AMENDED (42 U.S.C. 2153(b), (d)) 

APRIL 22, 2015.—Message and accompanying papers referred to the 

Committee on Foreign Affairs and ordered to be printed 


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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 missilerelated 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. 


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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. 

THE WHITE HOUSE, April 21, 2015. 


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(43) 

[Presidential Determination No. 2015–05] 

THE WHITE HOUSE, 

Washington, April 10, 2015. 

Memorandum for the Secretary of State, the Secretary of Energy. 

Subject: Presidential Determination on the 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. 

I have considered the 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’’), along with the views, 

recommendations, and statements of the interested departments 

and 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. 


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