U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–011 2015

114th Congress, 1st Session – – – – – – – – – – – – – House Document 114–43 

TEXT OF PROPOSED AGREEMENT FOR COOPERATION 

BETWEEN THE GOVERNMENT OF THE U.S. AND 

THE GOVERNMENT OF THE REPUBLIC OF KOREA 

CONCERNING PEACEFUL USES OF NUCLEAR ENERGY 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 

GOVERNMENT OF THE REPUBLIC OF KOREA CONCERNING 

PEACEFUL USES OF NUCLEAR ENERGY, PURSUANT TO SECS. 

123 B. AND 123 D. OF THE ATOMIC ENERGY ACT, AS AMENDED 

(42 U.S.C. 2153(B), (D)) AND ALSO THE PRESIDENT’S WRITTEN APPROVAL, AUTHORIZATION, AND DETERMINATION OF THE PROPOSED AGREEMENT; AND AN UNCLASSIFIED NUCLEAR PROLIFERATION ASSESSMENT STATEMENT 

JUNE 16, 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 sections 

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 Republic of Korea 

Concerning Peaceful Uses of Nuclear Energy (the ‘‘Agreement’’). I 

am also pleased to transmit my written approval, authorization, 

and determination concerning the proposed Agreement, and an unclassified Nuclear Proliferation Assessment Statement (NPAS) concerning the proposed 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 the export control system of the Republic 

of Korea (ROK) 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 contains all of the requirements established by section 123 a. of the Act. It provides a comprehensive 

framework for peaceful nuclear cooperation with the ROK 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 would not permit the transfer of Restricted Data, and sensitive nuclear technology or technology or information that is not in the public domain concerning fabrication 

of nuclear fuel containing plutonium could only be transferred if 

specifically provided by an amendment to the proposed Agreement 

or a separate agreement. Any special fissionable material transferred could only be in the form of low enriched uranium, with two 

exceptions: small quantities of material for use as samples; or for 

other specified applications such as use in loading and operation of 

fast reactors or the conduct of fast reactor experiments. The proVerDate Sep 11 2014 02:45 Jun 17, 2015 Jkt 049011 PO 00000 Frm 00003 Fmt 6633 Sfmt 6633 E:\HR\OC\HD043.XXX HD043

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posed Agreement would also obligate the United States to endeavor 

to take such actions as may be necessary and feasible to ensure a 

reliable supply of low enriched uranium fuel to the ROK, similar 

to terms contained in other recent civil nuclear cooperation agreements. 

The proposed Agreement would also establish a new standing 

High-Level Bilateral Commission (HLBC) to be led by the Deputy 

Secretary of Energy for the Government of the United States of 

America and the Vice Minister of Foreign Affairs for the Government of the ROK. The purpose of the HLBC is to facilitate peaceful 

nuclear and strategic cooperation between the parties and ongoing 

dialogue regarding areas of mutual interest in civil nuclear energy, 

including the civil nuclear fuel cycle. 

The proposed Agreement will have an initial term of 20 years 

and would renew for one additional period of 5 years unless either 

party gives written notice at least 2 years prior to its expiration 

that it does not want to renew the proposed Agreement. The proposed Agreement also requires the parties to consult as soon as 

possible after the seventeenth anniversary of its entry into force to 

decide whether to pursue an extension of the proposed Agreement. 

In the event of termination of the proposed Agreement, key nonproliferation conditions and controls will continue in effect as long 

as any nuclear material, moderator material, byproduct material, 

equipment, or component subject to the proposed Agreement remains in the territory of the party concerned or under its jurisdiction or control anywhere, or until such time as the parties agree 

that, in the case of nuclear material or moderator material, such 

items are no longer usable for any nuclear activity relevant from 

the point of view of international safeguards or have become practically irrecoverable, or in the case of equipment, components, or 

byproduct material, such items are no longer usable for nuclear 

purposes. 

The ROK has a strong track record on nonproliferation and its 

government has consistently reiterated its commitment to nonproliferation. The ROK is a party to the Treaty on the Non-proliferation of Nuclear Weapons, has an International Atomic Energy 

Agency safeguards agreement and Additional Protocol in force, is 

a member of the four multilateral nonproliferation export control 

regimes (Missile Technology Control Regime, Wassenaar Arrangement, Australia Group, and Nuclear Suppliers Group, for which it 

served as Chair in 2003–2004 and is scheduled to do so again in 

2015–2016), and is an active participant in the Proliferation Security Initiative. A more detailed discussion of the ROK’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 the ROK 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 


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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, June 16, 2015. 


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