U.S. Dept. of State - IIP: The United States and China

FACT SHEET: PREREQUISITES FOR U.S.-PRC NUCLEAR COOPERATION PACT
(State Department addendum to 2/4 Einhorn testimony)

Washington -- Following is the text of a State Department fact sheet, entitled "Prerequisites for Implementation of the U.S.-PRC Agreement for Peaceful Nuclear Cooperation," issued with the testimony of Deputy Assistant Secretary of State for Nonproliferation Robert J. Einhorn before the House Committee on International Relations February 4:

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Prerequisites for Implementation of the U.S.-PRC Agreement
for Peaceful Nuclear Cooperation

On December 16, 1985, a Joint Resolution entered into force approving the U.S.-PRC Agreement for Peaceful Nuclear Cooperation. (P.L. 99-183, S.J. Res. 238) However, this joint resolution of approval provided that no export license may be issued and no approval for the transfer or retransfer of any nuclear material, facilities, or components subject to the Agreement shall be given until the expiration of a period of 30 days of continuous session of Congress after the President has submitted the following certifications and reports to the Congress:

First, the President has to certify to Congress that the reciprocal arrangements made pursuant to Article 8 of the Agreement (for exchanges of information and visits) 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 purposes as set forth in the Agreement.
Second, the President has to certify to Congress that the PRC has provided additional information concerning its nuclear nonproliferation policies and that based on this and all other information available to the United States Government, the PRC is not in violation of paragraph (2) of section 129 of the Atomic Energy Act of 1954 (The relevant portions of section 129(2) involve nuclear trade restrictions against nations that (1) have assisted, encouraged, or induced a nonnuclear-weapon state to engage in activities involving nuclear material and having direct significance for the acquisition of nuclear weapons and have failed to take sufficient steps to terminate such behavior, or (2) have entered into an agreement for the transfer of reprocessing equipment materials, or technology to a nonnuclear-weapon state.)
Third, the President has to certify to Congress 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. (Article 5(2) obligates the parties to "consider favorably" any request to carry out certain activities described in that article, i.e. (1) enrichment above 20 percent, (2) alteration in form or content or (3) a change in storage location, where such activities involve nuclear material subject to the Agreement.)
Fourth, the President has to submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report detailing the history and current developments in the nonproliferation policies and practices of the PRC. (The report shall be submitted in unclassified form with a classified addendum.)

In February 1990, Congress imposed three conditions on nuclear-related trade with the PRC as part of the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991. (P.L. 101-246) The conditions established in this Act, like those of the 1985 resolution of approval, restricted export licenses and transfer/retransfer approvals for nuclear material, facilities or components subject to the Agreement. However, they also restricted (1) Department of Commerce licenses for the export to the PRC (for use in a nuclear production or utilization facility) of nuclear-related dual-use items controlled under section 309(c) of the Nuclear Nonproliferation Act of 1978 and (2) Department of Energy specific authorization under section 57b-(2) of the Atomic Energy Act for assistance in any activities with respect to the PRC relating to the use of nuclear energy. The three conditions imposed in 1990 are:

The President must certify to Congress that the PRC 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 materials and components for such devices.
The President must make the certifications and submit the report required in the resolution of approval of the U.S.-PRC Agreement for Cooperation. The effect of this repetition of the requirements in the Joint Resolution is to extend those requirements to Department of Commerce-licensed dual-use exports and Department of Energy-approved specific authorizations to transfer nuclear technology.
The President must report to Congress either (1) that the Government of the PRC has made progress on a program of political reform throughout the country, including Tibet, which includes lifting martial law; halting executions and other reprisals against individuals for the nonviolent expression of their political beliefs; release of political prisoners; increased respect for internationally recognized human rights, including freedom of expression, the press assembly, and association; and permitting a freer flow of information, including an end to the jamming of Voice of America, and greater access to foreign journalists; or (2) that it is in the national interest of the United States to terminate the restrictions on nuclear-related trade.

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