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Proposed Agreement Between the Government of the United States Of THE WHITE HOUSE WASHINGTON May 5, 2008 Presidential Determination No. 2008-19 MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF ENERGY SUBJECT, Proposed Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy I have considered the proposed Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy, along with the views, recommendations, and statements of 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. THE SECRETARY OF STATE WASHINGTON May 1, 2008 UNCLASSIFIED MEMORANDUM FOR THE PRESIDENT FROM: Condoleezza Rice ~ Secretary ofState Samuel Bodman ::.:)0~ Secretary ofEnergy SUBJECT: Proposed Agreement Between the Government ofthe United States ofAmerica and the Government ofthe Russian Federation for Cooperation in the Field ofPeaceful Uses of Nuclear Energy At the July 2006 SI. Petersburg Summit, you and President Putin agreed that the United States and Russia would enter into negotiations on a bilateral agreement for peaceful nuclear cooperation. U.S. and Russian negotiators have agreed to the attached proposed Agreement Between the Government ofthe United States ofAmerica and the Government ofthe Russian Federation for Cooperation in the Field ofPeaceful Uses ofNuclear Energy ("the Agreement"). In the U.S.-Russia Strategic Framework Declaration that you issued with President Putin on April 6 at the Sochi Summit, you jointly stated that the United States and Russia would sign the Agreement "in the near future" and would work to bring it into force. The United States has agreements ofthis type with most countries with substantial civil nuclear programs, but not yet with Russia. Beginning in the mid-1990s, the United States had refrained from negotiations with Russia on such an agreement as 'L!?atter ofpolicy because ofRussia's nuclear, missile, and advanced conventional weapons cooperation with Iran, including the construction ofthe Bushehr reactor. Early in 2006, the Administration reassessed U.S. policy in the light ofsignificant developments in the Russia- UNCLASSIFIED .' UNCLASSIFIED - 2 - Iran context and concluded that it would be in the U.S. interest to begin negotiations on an agreement for peaceful nuclear cooperation with Russia. We made clear to Russian officials, however, that progress in the negotiations, and signature of the agreement, would depend on the ability ofthe United States and Russia to continue to work together on Iran. We believe that the level and scope ofsuch cooperation have been sufficient to justifY taking the remaining steps to conclude the Agreement. If you authorize execution ofthe Agreement, it will be signed by representatives of the United States and Russia. Afterward, in accordance with sections 123 b. and d. of the Atomic Energy Act of 1954, as amended ("the Act"), it will be submitted to both Houses ofCongress for review. (The letter oftransmittal to the Congress will be held until after the Agreement is signed.) The Agreement must lie before Congress for 90 days ofcontinuous session. Unless a joint resolution ofdisapproval is enacted, the Agreement may thereafter be brought into force on the date ofthe last written notification of completion by the parties oftheir internal procedures necessary for its entry into force. The proposed Agreement provides a comprehensive framework for peaceful nuclear cooperation with Russia based on a mutual commitment to nuclear non-proliferation. It has a term of30 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 any Restricted Data, and permits transfers under the Agreement of sensitive nuclear technology, sensitive nuclear facilities, and major critical components ofsuch facilities by amendment to the Agreement. In the event oftermination, key non-proliferation conditions and controls continue with respect to material and equipment subject to the Agreement. In our judgment, the Agreement satisfies all requirements ofU.s. law for agreements ofthis type with nuclear weapon state parties to the Treaty on the Non-Proliferation ofNuclear Weapons (NPT). In accordance with the provisions ofsection 123 ofthe Act, the proposed Agreement was negotiated by the Department ofState, with the technical assistance and concurrence ofthe Department of Energy. The proposed Agreement has also been reviewed by the members ofthe Nuclear Regulatory Commission. Their views have been submitted to you separately. UNCLASSIFIED UNCLASSIFIED - 3 - Russia is a nuclear weapon state party to the NPT. Like the United States, it has entered into a "voluntary offer" safeguards agreement with the International Atomic Energy Agency (IAEA). That agreement gives the IAEA the right to apply safeguards on all source or special fissionable material at peaceful-use nuclear facilities on a Russia-plovided list. Russia is a party to the Convention on the Physical Protection ofNuclear Material, which establishes international standards ofphysical protection for the use, storage, and transport ofnuclear material. It is also a member ofthe 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 ofRussia's domestic civil nuclear program and its nuclear non-proliferation policies and practices, including its nuclear export policies and practices, is provided in the Nuclear Proliferation Assessment Statement (NPAS) and in a classified annex to the NPAS submitted to you separately. In our judgment, U.S. cooperation with Russia in the peaceful uses of nuclear energy under the proposed Agreement will be supportive of U.S. non­ proliferation, foreign policy, and commercial interests. We recommend, therefore, that you determine, pursuant to section 123 b. ofthe Act, that performance ofthe Agreement will promote, and will not constitute an unreasonable risk to, the common defense and security; and that you approve the Agreement and authorize its execution. RECOMMENDATIQN That you sign the determination, approval, and authorization at Attachment I and the transmittal to Congress at Attachment 2. (The transmittal will be held until the Agreement itself is signed.) Attachments: I. Draft Determination, Approval, and Authorization 2. Draft Transmittal to the Congress (To be held until after the Agreement is signed) 3. Proposed Agreement Between the Government ofthe United States of America and the Government ofthe Russian Federation for Cooperation in the Field ofPeaceful Uses ofNuclear Energy 4. Unclassified Nuclear Proliferation Assessment Statement UNCLASSIFIED Sensitive but Unclassilied (SBU) - Department 01 State (DOS) UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 30, 2008 CHAIRMAN The President The White House Washington, D.C. 20500 Dear Mr. President: In accordance with the provisions of Section 123 of the Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has reviewed the proposed Agreement between the U.S. Government and the Russian Fade-ration for Cooperation in the Field of Peaceful Uses of Nuclear Energy. It is the view of the Commission that the proposed Agreement includes "all of the provisions required by law and that it provides a sufficient framework for civilian nuclear cooperation with Russia. The Commission recommends that you make the requisite positive statutory determination, and that you approve the proposed Agreement and authorize its execution. Respectlully, Dale E. Klein Sensitive but Unclassified (SBU) - Department 01 State (DOS) " .., Ii, ", I'" Ii Al;HEE,\IE~T 13ETWEF:'I TilE COVEI{;,\,i\lE,\'T OF TIlE lj;\TI"ED STATES OF .\MEHIe.\ ,\,\'1) TilE GOVElC'.\lENT OF TilE HLSSIAN FEUEnATIO;'I1 FOR COOPERATION 1.\ TilE FIELD OF I'E.-\CEFL:1. L'SES OF ;\UCU:.U~ E:\'!::RGY .' I' :1 Ii i Thl: liul'<..'1'lll11L'lll or' 111..: U Ilil~d SI:l!l.:S of 1\ I1lcril,;l\ and th..: (iUI'I.:nllllo.'rll 0r1h\,' II 11 I.'I II Ii I'I ('UI\I'llll,:ed that the u:;..:: ofllllcle:lr cl1el'gy for pC:lI.:crul pur-ruses is a n:li:lbk: 'I II b:lsis f,l1" JIll:ding natinnal (:!ll,.'rgy sector requirements in a lmllll1..:r lhal is L !i I',I ~u"lail1:1hlc. cllviroHTll..:mally s:lfc. :md l'l'UIlOlllic,l1ly bCllclicial: " I .... ..:dillg tl) I.:''lJillld ,1Ill! Cllhalll;c 11lulually bClh.:Jki:l! l:ol\p.:ratiull in 1111.: lidd of I: ,I thl.' p"::l ... er\lllls":.~ ofnul:kar energy ,ill <l stahle. rdiabk. alld prcd!cwhk ba"is; " ," II LJllilr.:d Stales of AlIh:ril;a and tIl": Russi:lII Fel.kratillli un an equal loutillg will II h..:tp ;-.\rI':lIgthen illh':rIlati\)I1~l1 stability, as wdl :l:S proml)(e political allL! Ii I.:COlhllllic progress: !I 'I II T,,\.;ing intu [lCCOIlI1( that both the Uilited Statcs ofAmcrica and the Russbn " rl,;dl'ration Iwve achicv~d ,In advanced level in the usc ofllllclcar ":l1crgy for !I" ,I' Pl'lldlldion orekclric power alld ill the developmcnt
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