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[House Document 113-86]
[From the U.S. Government Publishing Office]

113th Congress, 2d Session - - - - - - - - - - -  House Document 113-86
 
TEXT OF A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE AMERICAN
INSTITUTE IN TAIWAN AND THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE 
                      OFFICE IN THE UNITED STATES 

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE AMERICAN INSTITUTE IN 
 TAIWAN AND THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN 
THE UNITED STATES CONCERNING PEACEFUL USES OF NUCLEAR ENERGY, PURSUANT 
                       TO 42 U.S.C. 2153(b), (d)

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   January 8, 2014.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
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 American 
Institute in Taiwan (AIT) and the Taipei Economic and Cultural 
Representative Office in the United States (TECRO) 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 (NRC) stating the 
views of the Commission are also enclosed. An addendum to the 
NPAS containing a comprehensive analysis of the export control 
system of Taiwan 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 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 the authorities on Taiwan 
based on a mutual commitment to nuclear nonproliferation. The 
proposed Agreement has an indefinite term from the date of its 
entry-into-force, unless terminated by either party on 1 year's 
written notice. The proposed Agreement permits the transfer of 
information, material, equipment (including reactors), and 
components for nuclear research and nuclear power production. 
The Agreement also specifies cooperation shall be in accordance 
with the provisions of the Agreement and applicable legal 
obligations, including, as appropriate, treaties, international 
agreements, domestic laws, regulations, and/or licensing 
requirements (such as those imposed by the NRC in accordance 
with 10 CFR 110 and the Department of Energy in accordance with 
10 CFR 810). It does not permit transfers of Restricted Data, 
sensitive nuclear technology and facilities, or major critical 
components of such facilities. The proposed Agreement also 
prohibits the possession of sensitive nuclear facilities and 
any engagement in activities involving sensitive nuclear 
technology in the territory of the authorities represented by 
TECRO. In the event of termination of the proposed Agreement, 
key nonproliferation conditions and controls continue with 
respect to material, equipment, and components subject to the 
proposed Agreement.
    Over the last two decades, the authorities on Taiwan have 
established a reliable record on nonproliferation and on 
commitments to nonproliferation. While the political status of 
the authorities on Taiwan prevents them from formally acceding 
to multilateral nonproliferation treaties or agreements, the 
authorities on Taiwan have voluntarily assumed commitments to 
adhere to the provisions of multilateral treaties and 
initiatives. The Republic of China ratified the Treaty on the 
Non-Proliferation of Nuclear Weapons (NPT) in 1970 and ratified 
the Convention on the Prohibition of the Development, 
Production and Stockpiling of Bacteriological (Biological) and 
Toxin Weapons and on Their Destruction (the ``Biological 
Weapons Convention'' or ``BWC'') in 1972. The authorities on 
Taiwan have stated that they will continue to abide by the 
obligations of the NPT (i.e., those of a non-nuclear-weapon 
state) and the BWC, and the United States regards them as bound 
by both treaties. The authorities on Taiwan follow 
International Atomic Energy Agency standards and directives in 
their nuclear program, work closely with U.S. civilian nuclear 
authorities, and have established relationships with mainland 
Chinese civilian authorities with respect to nuclear safety. A 
more detailed discussion of the domestic civil nuclear 
activities and nuclear nonproliferation policies and practices 
of the authorities on Taiwan, including their nuclear export 
policies and practices, is provided in the NPAS and in a 
classified annex to the NPAS submitted separately. As noted 
above, an addendum to the NPAS containing a comprehensive 
analysis of the export control system of the authorities on 
Taiwan with respect to nuclear-related matters is being 
submitted to you separately by the Director of National 
Intelligence.
    I have considered the views and recommendations of the 
interested 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 the Congress to 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, January 7, 2014.

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                 Presidential Determination No. 2014-06

                                           The White House,
                                 Washington, DC, December 20, 2013.

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

Subject: Proposed Agreement for Cooperation Between the American 
        Institute in Taiwan and the Taipei Economic and Cultural 
        Representative Office in the United States Concerning Peaceful 
        Uses of Nuclear Energy

    I have considered the proposed Agreement for Cooperation 
Between the American Institute in Taiwan and the Taipei 
Economic and Cultural Representative Office in the United 
States 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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