U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–011 2014

113th Congress, 2d Session – – – – – – – – – – – – House Document 113–109 

AGREEMENT FOR COOPERATION BETWEEN THE 

GOVERNMENT OF THE US AND THE GOVERNMENT 

OF THE SOCIALIST REPUBLIC OF VIETNAM 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 SOCIALIST REPUBLIC OF 

VIETNAM CONCERNING PEACEFUL USES OF NUCLEAR ENERGY, 

PURSUANT TO 42 U.S.C. 2153(b), (d) 

MAY 9, 2014.—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 Socialist Republic of Vietnam 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), a classified annex 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 

Vietnam’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 of the 

National Security Act of 1947 (50 U.S.C. 403–1), as amended, 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 Vietnam based on a mutual 

commitment to nuclear nonproliferation. Vietnam has affirmed that 

it does not intend to seek to acquire sensitive fuel cycle capabilities, 

but instead will rely upon the international market in order to ensure a reliable nuclear fuel supply for Vietnam. This political commitment by Vietnam has been reaffirmed in the preamble of the 

proposed Agreement. The Agreement also contains a legally binding provision that prohibits Vietnam from enriching or reprocessing 

U.S.-origin material without U.S. consent. 

The proposed Agreement will have an initial term of 30 years 

from the date of its entry into force, and will continue in force 

thereafter for additional periods of 5 years each. Either party may 

terminate the Agreement on 6 months’ advance written notice at 

the end of the initial 30 year term or at the end of any subsequent 

5-year period. Additionally, either party may terminate the Agreement on 1 year’s written notice. I recognize the importance of execVerDate Mar 15 2010 04:07 May 10, 2014 Jkt 039011 PO 00000 Frm 00003 Fmt 6633 Sfmt 6633 E:\HR\OC\HD109.XXX HD109

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utive branch consultations with the Congress regarding the status 

of the Agreement prior to the end of the 30-year period after entry 

into force and prior to the end of each 5-year period thereafter. To 

that end, it is my strong recommendation that future administrations conduct such consultations with the appropriate congressional 

committees at the appropriate times. 

The proposed Agreement permits the transfer of information, 

material, equipment (including reactors), and components for nuclear research and nuclear power production. It does not permit 

transfers of Restricted Data, sensitive nuclear technology, sensitive 

nuclear facilities, or major critical components of such facilities. In 

the event of termination of the Agreement, key nonproliferation 

conditions and controls continue with respect to material, equipment, and components subject to the Agreement. 

Vietnam is a non-nuclear-weapon state party to the Treaty on 

the Non-Proliferation of Nuclear Weapons. Vietnam has in force a 

comprehensive safeguards agreement and an Additional Protocol 

with the International Atomic Energy Agency. Vietnam is a party 

to the Convention on the Physical Protection of Nuclear Material, 

which establishes international standards of physical protection for 

the use, storage, and transport of nuclear material, and has ratified 

the 2005 Amendment to the Convention. A more detailed discussion of Vietnam’s intended civil nuclear program and its nuclear 

nonproliferation policies and practices, including its nuclear export 

policies and practices, is provided in the NPAS and in a classified 

annex 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 Vietnam’s export 

control system 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 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 for 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, May 8, 2014. 


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[Presidential Determination No. 2014–08] 

THE WHITE HOUSE, 

Washington, February 24, 2014. 

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

SUBJECT: Proposed Agreement for Cooperation Between the Government of the United States of America and the Government 

of the Socialist Republic of Vietnam 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 Socialist Republic of Vietnam Concerning Peaceful Uses of Nuclear Energy, along with the views, recommendations, and statements of the interested 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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