Weapons of Mass Destruction (WMD)

16 January 1998

TEXT: PRESIDENT CERTIFIES CHINA UNDER U.S.-CHINA NUCLEAR AGREEMENT

(China to engage in peaceful nuclear cooperation with U.S.) (2160)
New York, New York -- China has met the "nuclear nonproliferation
requirements and conditions necessary under U.S. law to engage in
peaceful nuclear cooperation with U.S. industry," Press Secretary Mike
McCurry said in a statement released by the White House January 15.
McCurry said President Clinton signed the formal certifications and
reports required by U.S. law to implement the U.S.-China Agreement for
Peaceful Nuclear Cooperation on January 12.
"This agreement serves U.S. national security and economic interests,
and demonstrates that the Administration's policy of engaging China is
achieving concrete results," the statement said.
Following are several statements on the certification, including: 1)
the text of McCurry's statement; 2) President Clinton's memorandum for
the Secretary of State regarding certifications and reports; 3)
President Clinton's letter to the Chairmen of the Senate Select
Committee on Intelligence and the House Permanent Select Committee on
Intelligience; and 4) President Clinton's letter to the Speaker of the
House of Representatives, the President of the Senate, and the
Chairmen of the Senate Committee on Foreign Relations and the House
Committee on International Relations:
(begin text)
THE WHITE HOUSE
New York, New York
January 15, 1998
STATEMENT BY THE PRESS SECRETARY
China Nuclear Certification
On January 12, the President signed the formal certifications and
reports required by U.S. law to implement the U.S.-China Agreement for
Peaceful Nuclear Cooperation. These certifications and reports have
been submitted to Congress. China has met the nuclear nonproliferation
requirements and conditions necessary under U.S. law to engage in
peaceful nuclear cooperation with U.S. industry. This agreement serves
U.S. national security and economic interests, and demonstrates that
the Administration's policy of engaging China is achieving concrete
results. We will continue to work with the Chinese government to
strengthen our cooperation on other arms control and nonproliferation
issues.
(end text)
(begin text)
THE WHITE HOUSE
Office of the Press Secretary
(New York, New York)
For Immediate Release January 15, 1998
January 12, 1998
Presidential Determination
No. 98-10
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT: Certification Pursuant to Section (b)(1) of Public Law 99-183
and to Section 902(a)(6)(B) of Public Law 101-246
Pursuant to section (b)(1) of Public Law 99-183 of December 16, 1985,
relating to the approval and implementation of the Agreement for
Cooperation Between the United States and the People's Republic of
China, I hereby certify that:
(A) the reciprocal arrangements made pursuant to Article 8 of the
Agreement have been designed to be effective in ensuring that any
nuclear material, facilities, or components provided under the
Agreement shall be utilized solely for intended peaceful purposes as
set forth in the Agreement;
(B) the Government of the People's Republic of China has provided
additional information concerning its nuclear non-proliferation
policies and that, based on this and all other information available
to the United States Government, the People's Republic of China is not
in violation of paragraph (2) of section 129 of the Atomic Energy Act
of 1954; and
(C) the obligation to consider favorably a request to carry out
activities described in Article 5(2) of the Agreement shall not
prejudice the decision of the United States to approve or disapprove
such a request.
Pursuant to section 902(a)(6)(B)(i) of Public Law 101-246, I hereby
certify that the People's Republic of China has provided clear and
unequivocal assurances to the United States that it is not assisting
and will not assist any nonnuclear-weapon state, either directly or
indirectly, in acquiring nuclear explosive devices or the material and
components for such devices.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
(end text)
(begin text)
THE WHITE HOUSE
Office of the Press Secretary
(New York, New York)
For Immediate Release
January 15, 1998
TEXT OF A LETTER FROM THE PRESIDENT TO THE CHAIRMEN OF THE SENATE
SELECT COMMITTEE ON INTELLIGENCE AND THE HOUSE PERMANENT SELECT
COMMITTEE ON INTELLIGIENCE
January 12, 1998
Dear Mr. Chairmen:
By separate letter, I have transmitted to the Speaker of the House,
President of the Senate, Chairman of the Senate Foreign Relations
Committee, and the Chairman of the House International Relations
Committee the certification and unclassified report detailing the
history and current developments in the nonproliferation policies and
practices of the People's Republic of China that are required by
Public Law 99-183, relating to the approval and implementation of the
agreement for nuclear cooperation between the United States and the
People's Republic of China.
Because of the information controls on the classified report that the
Administration has also prepared for Congress on China's
nonproliferation policies and practices in fulfill-ment of the
remaining requirement of Public Law 99-183, I am transmitting the
required classified report directly to your Committee. The
Administration regards the report transmitted herewith as containing
sensitive intelligence and diplomatic information and requests that it
be treated accordingly.
Sincerely,
WILLIAM J. CLINTON
(end text)
(begin text)
THE WHITE HOUSE
Office of the Press Secretary
(New York, New York)
For Immediate Release
January 15, 1998
TEXT OF A LETTER FROM THE PRESIDENT TO THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE CHAIRMEN OF THE
SENATE COMMITTEE ON FOREIGN RELATIONS
AND THE HOUSE COMMITTEE ON INTERNATIONAL RELATIONS
January 12, 1998
I am writing to you with respect to sections (b)(1) and (b)(2) of
Public Law 99-183, relating to the approval and implemen-tation of the
Agreement for Nuclear Cooperation Between the United States and the
People's Republic of China, and with respect to section 902(a)(6)(B)
of Public Law 101-246. The sections of Public Law 99-183 cited above
require certifica-tions to the Congress and a report to the Speaker of
the House of Representatives and the Chairman of the Committee on
Foreign Relations of the Senate before exports or retransfers to China
under the Agreement may begin. Sections 902(a)6(B)(i), (ii) and (iii)
of Public Law 101-246 require a certifi-cation to the Congress and
report to the Congress before terminating the suspen-sions and
automatic disapprovals of nuclear cooperation with China.
I have made the certifications pursuant to section (b)(l) of Public
Law 99-183 and section 902(a)(6)(B)(i) of Public Law 101-246, a copy
of which is enclosed. The certifica-tions pursuant to section (b)(1)
of Public Law 99-183 satisfy the condition under section
902(a)(6)(B)(ii). Submitted herewith, in accordance with the
requirements of section (b)(2) of Public Law 99-183, is a report in
unclassified form detailing the history and current developments in
the nonproliferation policies, practices and assurances of the
People's Republic of China. Because of the information controls that
apply to the classified report, I am transmitting it by separate
letter to the House Permanent Select Committee on Intelligence and the
Senate Select Committee on Intelligence.
In accordance with Public Law 99-183, I have certified as to three
matters:
(A) That the reciprocal arrangements made pursuant to Article 8 of the
Agreement have been designed to be effective in ensuring that any
nuclear material, facilities or components provided under the
Agreement shall be utilized solely for intended peaceful purposes as
set forth in the Agreement.
The arrangements for exchanges of information and visits are provided
for in a Memorandum of Understanding initialed on June 23, 1987. Side
notes on protection of business confidential information were signed
on October 22, 1997. These documents, along with a detailed
explanation of my certification, are enclosed. These arrangements will
provide the United States with the right to obtain all the information
necessary to maintain an inventory of the items subject to the
Agreement. This will include information on the operation of
facilities subject to the Agreement, the isotopic composition,
physical form and quantity of material subject to the Agreement and
the places where items subject to the Agreement are used or kept. The
arrangements also provide the United States with the right to confirm
through on-site visits the use of all items subject to the Agreement.
Finally, the arrangements apply as long as the provisions of Article
8(2) of the Agreement continue in effect, that is, as long as items
subject to the Agreement remain in China's territory or under its
jurisdiction or control. My determination that these arrangements have
been designed to be effective in ensuring that items provided under
the Agreement are utilized for intended peaceful purposes is based on
consideration of a range of factors, including the limited scope of
nuclear cooperation permitted under the Agreement, U.S. export-control
procedures that will apply to any transfers to China under the
Agreement, the fact that the People's Republic of China is a
nuclear-weapon state and that the safeguards of the International
Atomic Energy Agency (IAEA) or their equivalent are not required by
the Atomic Energy Act for agreements for cooperation with nuclear
weapon states. These arrangements will be published in the Federal
Register using the procedure applicable to sub-sequent arrangements
under section 131(a) of the Atomic Energy Act.
(B) That the Government of the People's Republic of China has provided
additional information concerning its nuclear non-pro-liferation
policies and that, based on this and all other information available
to the United States Government, the People's Republic of China is not
in violation of paragraph (2) of section 129 of the Atomic Energy Act
of 1954.
The United States Government has received additional informa-tion from
the People's Republic of China concerning its non-proliferation
policies since the enactment of Public Law 99-183 on December 16,
1985, most recently, China's May 1996 statement, its May 1997 State
Council Notice on nuclear export policy and its September 1997 nuclear
export control regulations (all of which are discussed in the enclosed
unclassified report on China's nonproliferation policies and
practices). On the basis of this and all other information available
to the United States Govern-ment, I conclude that there is no legal
bar to cooperation in this area, and, in particular, that paragraph
(2) of section 129 of the Atomic Energy Act does not foreclose nuclear
cooperation. The Government of the People's Republic of China has made
substantial strides in joining the international nonproliferation
regime, and in putting in place a comprehensive system of
nuclear-related, nationwide export controls, since the nuclear
cooperation agreement was concluded in 1985. I believe the initiation
of cooperation under the Agreement will bring significant
nonproliferation benefits to the United States.
(C) That the obligation to consider favorably a request to carry out
activities described in Article 5(2) of the Agreement shall not
prejudice the decision of the United States to approve or disapprove
such a request.
The U.S. consent rights provided for in Article 5(2) of the Agreement
satisfy this standard because the specific language used ensures that
the United States must exercise an approval right before the activity
in question is carried out. During Congressional consideration of the
Agreement, the executive branch provided both the Senate Foreign
Relations Committee and the House Foreign Affairs Committee with a
legal memorandum on issues relating to the Agreement which covered
this point in detail.
In accordance with Public Law 101-246, I have certified that China has
provided clear and unequivocal assurances to the United States that it
is not assisting and will not assist any nonnuclear-weapon state,
either directly or indirectly, in acquiring nuclear explosive devices
or the material and components for such devices. This certification is
based on the statements, policies, and actions by China that were
discussed above in connection with the certification under section
(b)(1)(A) of Public Law 99-183.
Pursuant to the authority vested in me by section 902(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(Public Law 101-246), I hereby report to the Congress that it is in
the national interest of the United States to terminate the
suspensions and automatic disapprovals under section 902(a)(6). A
document discussing the rationale for this report is enclosed. I
believe the Agreement will have a significant, positive impact in
promoting U.S. nonproliferation and national security interests with
China and in building a stronger bilateral rela-tionship with China
based on respect for international norms.
This report under section 902(b)(2) satisfies the condition under
section 902(a)(6)(B)(iii).
With the submission of the certifications and reports called for by
Public Law 99-183 and Public Law 101-246, I am pleased that the
process is underway to begin nuclear cooperation with China.
Sincerely,
WILLIAM J. CLINTON
(end text)