U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–011 2009

111th Congress, 1st Session – – – – – – – – – – – – – House Document 111–43 

AGREEMENT FOR COOPERATION BETWEEN THE 

GOVERNMENT OF THE UNITED STATES AND THE 

GOVERNMENT OF THE UNITED ARAB EMIRATES 

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 UNITED ARAB EMIRATES 

CONCERNING PEACEFUL USES OF NUCLEAR ENERGY, PURSUANT TO 42 U.S.C. 2153(b), (d) 

MAY 21, 2009.—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 United Arab Emirates Concerning Peaceful Uses of Nuclear Energy. 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 Secretary of State and the 

Secretary of Energy and a letter from the Chairman of the Nuclear 

Regulatory Commission stating the views of the Commission are 

also enclosed. 

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 Agreement provides a comprehensive framework for peaceful 

nuclear cooperation with the United Arab Emirates (UAE) based 

on a mutual commitment to nuclear nonproliferation. The United 

States and the UAE are entering into it in the context of a stated 

intention by the UAE to rely on existing international markets for 

nuclear fuel services as an alternative to the pursuit of enrichment 

and reprocessing. Article 7 will transform this UAE policy into a 

legally binding obligation from the UAE to the United States upon 

entry into force of the Agreement. Article 13 provides, inter alia, 

that if the UAE at any time following entry into force of the Agreement materially violates Article 7, the United States will have a 

right to cease further cooperation under the Agreement, require the 

return of items subject to the Agreement, and terminate the Agreement by giving 90 days written notice. In view of these and other 

nonproliferation features, the Agreement has the potential to serve 

as a model for other countries in the region that wish to pursue 

responsible nuclear energy development. 

The Agreement has a term of 30 years and permits the transfer 

of technology, 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 


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nonproliferation conditions and controls continue with respect to 

material, equipment, and components subject to the Agreement. 

In addition to the UAE’s obligation to forgo enrichment and reprocessing—the first instance of such an obligation on the part of 

a U.S. cooperating partner in an agreement of this type—the 

Agreement contains certain additional nonproliferation features not 

typically found in such agreements. These are modeled on similar 

provisions in the 1981 U.S.-Egypt Agreement for Peaceful Nuclear 

Cooperation and include (a) a right of the United States to require 

the removal of special fissionable material subject to the Agreement from the UAE either to the United States or to a third country if exceptional circumstances of concern from a nonproliferation 

standpoint so require, and (b) confirmation by the United States 

that the fields of cooperation, terms, and conditions accorded by the 

United States to the UAE shall be no less favorable in scope and 

effect than those that the United States may accord to any other 

non-nuclear-weapon State in the Middle East in a peaceful nuclear 

cooperation agreement. The Agreement also provides, for the first 

time in a U.S. agreement for peaceful nuclear cooperation, that 

prior to U.S. licensing of exports of nuclear cooperation, that prior 

to U.S. licensing of exports of nuclear material, equipment, components, or technology pursuant to the Agreement, the UAE shall 

bring into force the Additional Protocol to its safeguards agreement. 

The UAE is a non-nuclear-weapon State party to the Treaty on 

the Non-Proliferation of Nuclear Weapons (NPT). The United 

States is a nuclear-weapon State party to the NPT. Article 12 of 

the proposed Agreement provides that the Agreement shall not be 

interpreted as affecting the inalienable rights of the United States 

and the UAE under the NPT. A more detailed discussion of the 

UAE’s intended civil nuclear program and its nonproliferation policies and practices is provided in the NPAS and in a classified 

Annex to the NPAS to be submitted to the Congress separately. 

The Agreed Minute to the Agreement provides U.S. prior approval for retransfers by the UAE of irradiated nuclear material 

subject to the Agreement to France and the United Kingdom, if 

consistent with their respective policies, laws, and regulations, for 

storage or reprocessing subject to specified conditions, including 

that prior agreement between the United States and the UAE is 

required for the transfer of any special fissionable material recovered from any such reprocessing to the UAE. The transferred material would also have to be held within the European Atomic Energy 

Community subject to the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy Between the United States of America 

and the European Atomic Energy Community (EURATOM). 

In view of the fact that this consent would constitute a subsequent arrangement under the Act if agreed separately from the 

proposed Agreement, the Secretary of State and the Secretary of 

Energy have ensured that the advance approval provisions meet 

the applicable requirements of section 131 of the Act. Specifically, 

they have concluded that the U.S. advance approval for retransfer 

of nuclear material for reprocessing or storage contained in the 

Agreed Minute to the proposed Agreement is not inimical to the 


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common defense and security. An analysis of the advance approval 

given in the Agreed Minute is contained in the NPAS. 

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 period 

of 30 days of continuous session provided for in section 123 b., the 

period of 60 days of continuous session provided for in section 

123 d. shall commence. 

BARACK OBAMA. 

THE WHITE HOUSE, May 21, 2009. 


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