U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–011 2016

114th Congress, 2d Session – – – – – – – – – – – – House Document 114–142 

TEXT OF A PROPOSED AGREEMENT BETWEEN THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA AND NORWAY CONCERNING PEACEFUL USES 

OF NUCLEAR ENERGY 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

THE TEXT OF THE PROPOSED AGREEMENT FOR COOPERATION 

BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 

AMERICA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY CONCERNING PEACEFUL USES OF NUCLEAR ENERGY AND 

ALSO THE PRESIDENT’S WRITTEN APPROVAL, AUTHORIZATION, 

AND DETERMINATION OF THE PROPOSED AGREEMENT; AND AN 

UNCLASSIFIED NUCLEAR PROLIFERATION ASSESSMENT STATEMENT, PURSUANT TO 42 U.S.C. 2153(d); AUG. 1, 1946, CH. 724, 

TITLE I, SEC. 123 (AS AMENDED BY PUBLIC LAW 109–401, SEC. 

104(e)); (120 STAT. 2734); AND 42 U.S.C. 2153(b) 

JUNE 15, 2016.—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 Kingdom of Norway 

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 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), 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 

Norway’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 contains all the provisions required by 

section 123 a. of the Act, and provides a comprehensive framework 

for peaceful nuclear cooperation with Norway based on a mutual 

commitment to nuclear nonproliferation. It would permit the transfer of unclassified information, material, equipment (including reactors), and components for nuclear research and nuclear power production. Norway has no nuclear power program, and no current 

plans for establishing one, but the proposed Agreement would facilitate cooperation on such a program if Norway’s plans change in 

the future. Norway does have an active nuclear research program 

and the focus of cooperation under the proposed Agreement, as 

under the previous agreement, is expected to be in the area of nuclear research. The proposed Agreement would not permit transfers 

of Restricted Data, sensitive nuclear technology, sensitive nuclear 

facilities or major critical components of such facilities. 

The proposed Agreement would provide advance, long-term (programmatic) consent to Norway for the retransfer for storage or reVerDate Sep 11 2014 04:07 Jun 16, 2016 Jkt 059011 PO 00000 Frm 00003 Fmt 6633 Sfmt 6633 E:\HR\OC\HD142.XXX HD142

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processing of irradiated nuclear material (spent fuel) subject to the 

Agreement to France, the United Kingdom, or other countries or 

destinations as may be agreed upon in writing. The United States 

has given similar advance consent to various other partners, including to Norway under the previous U.S.-Norway Peaceful Nuclear Cooperation Agreement that was in force from 1984 to 2014. 

The proposed Agreement would give the United States the option 

to revoke the advance consent if it considers that it cannot be continued without a significant increase of the risk of proliferation or 

without jeopardizing national security. 

The proposed Agreement will have a term of 30 years from the 

date of its entry into force, unless terminated by either party on 

1 year’s advance written notice. In the event of termination or expiration of the proposed Agreement, key nonproliferation conditions 

and controls will continue in effect as long as any 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 such 

items are no longer usable for any nuclear activity relevant from 

the point of view of safeguards. 

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

Non-Proliferation of Nuclear Weapons (NPT). Norway has concluded a safeguards agreement and additional protocol with the 

International Atomic Energy Agency. Norway 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. It is also a member of 

the Nuclear Suppliers Group, whose non-legally binding guidelines 

set forth standards for the responsible export of nuclear commodities for peaceful use. A more detailed discussion of Norway’s domestic civil nuclear activities and its nuclear nonproliferation policies and practices is provided in the NPAS and the NPAS classified 

annex submitted to the Congress separately. 

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 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 14, 2016. 


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