[House Document 106-213]
[From the U.S. Government Publishing Office]
106th Congress, 2d Session - - - - - - - - - - - House Document 106-213
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PROPOSED AGREEMENT TO EXTEND NUCLEAR AGREEMENT WITH THE PEOPLE'S
REPUBLIC OF BANGLADESH
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MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
THE TEXT OF A PROPOSED AGREEMENT TO EXTEND THE AGREEMENT FOR
COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE REPUBLIC OF BANGLADESH CONCERNING PEACEFUL USES OF NUCLEAR ENERGY,
PURSUANT TO 42 U.S.C. 2153(b)
March 21, 2000.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
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U.S. GOVERNMENT PRINTING OFFICE
79-011 WASHINGTON : 2000
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 Between the United States of America and the
People's Republic of Bangladesh to extend the Agreement for
Cooperation Between the United States of America and the
People's Republic of Bangladesh Concerning Peaceful Uses of
Nuclear Energy signed at Dhaka, September 17, 1981 (the
Agreement for Cooperation).
The proposed Agreement to extend the Agreement for
Cooperation (the ``Extension Agreement'') was originally
approved and its execution authorized by President Bush based
on his written determination that the performance of the
Agreement for Cooperation for an additional period of 20 years
would promote, and would not constitute an unreasonable risk
to, the common defense and security. A copy of President Bush's
written approval, authorization, and determination is enclosed.
Also enclosed is a copy of the unclassified Nuclear
Proliferation Assessment Statement (NPAS) prepared at that time
by the Director, United States Arms Control and Disarmament
Agency.
The proposed Extension Agreement was effected by an
exchange of diplomatic notes at Dhaka on January 5, 1993, and
February 6, 1993. The terms of the Extension Agreement
condition its entry into force on each State notifying the
other of the completion of its respective legal requirements
for entry into force. However, before the proposed Extension
Agreement could be submitted to the Congress in 1993 for review
pursuant to section 123 of the Act, the Government of
Bangladesh asked to consult with the United States regarding a
possible modification of the term of extension. These
discussions proved to be very protracted, but both Governments
have now agreed that their original intention to extend the
Agreement for Cooperation for an additional period of 20 years
from the date of the original Agreement's expiration (i.e., to
extend it until June 24, 2012) should stand, and that the
Extension Agreement should be brought into force as soon as
each Party has notified the other in writing that it has
completed its legal requirements for doing so.
Section 123 of the Act, as amended by Title XII of the
Foreign Affairs Reform and Restructuring Act of 1998 (Public
Law 105-277) now also provides that each Nuclear Proliferation
Assessment Statement prepared pursuant to the Act shall be
accompanied by a classified annex prepared by the Secretary of
State in consultation with the Director of Central
Intelligence, summarizing relevant classified information. The
Secretary of State is submitting to the Congress under separate
cover such a classified annex. It contains, inter alia, the
Secretary of State's reaffirmation of the conclusions reached
in the original unclassified Nuclear Proliferation Assessment
Statement (a) that continued implementation of the Agreement
for Cooperation is consistent with all requirements of the Act,
and (b) that the safeguards and other control mechanisms and
the peaceful-use assurances contained in the Agreement for
Cooperation are adequate to ensure that any assistance
furnished under it will not be used to further any military or
nuclear explosive purpose.
I am pleased to reconfirm President Bush's approval of the
Extension Agreement and authorization of its execution and
implementation. Bangladesh is a party to the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT) and is fully in
compliance with its nuclear nonproliferation commitments under
that Treaty. In my judgment, continued performance of the
Agreement for Cooperation between the United States of America
and the People's Republic of Bangladesh Concerning Peaceful
Uses of Nuclear Energy will promote, and not constitute an
unreasonable risk to, the common defense and security. Apart
from the proposed extension, the Agreement for Cooperation will
remain in all other respects the same as that which was
favorably reviewed by the Congress in 1982. The Department of
State, the Department of Energy, and the Nuclear Regulatory
Commission have reconfirmed their favorable views regarding the
original NPAS as well as the conclusions contained herein.
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 International Relations Committee as provided in
section 123 b. Upon completion of the period of 30 days of
continuous session provided for in section 123 b., the period
of 60 days of continuous session provided for in section 123 d.
shall commence.
William J. Clinton.
The White House, March 20, 2000.