President Obama has just issued what is referred to as a "presidential determination" with respect to a proposal on cooperation with China on the peaceful use of nuclear power. A presidential determination is, "is a document issued by the White House stating a determination resulting in an official policy or position of the executive branch of the US government. Presidential determinations may involve any number of actions, including setting or changing foreign policy."
Obama said, "I have determined that the performance of the agreement will promote, and will not constitute an unreasonable risk to, the common defense and security." "I hereby approve the proposed agreement and authorize the Secretary of State to arrange for its execution."
Obama addressed a statement to Congress on 4/21/15, the same day that the determination was published in the Federal Register. He stated that the proposed agreement was negotiated in accord with the Atomic Energy Act of 1954 and other relevant laws. He said, "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 contains a comprehensive framework based on a mutual commitment to the non-proliferation of nuclear weapons. The proposal would allow the transfer of material, equipment, reactors, components, and information regarding nuclear research and the production of nuclear power. The proposal does not allow the transfer of restricted information. The proposal allows transfer of "sensitive" information about nuclear facilities and their critical components only if the proposal is amended in the future to include such transfers. If the proposed agreement is terminated for any reason, key conditions with regard to nuclear non-proliferation and the control of materials, equipment and components shared under the agreement will continue.
The proposal would bind the U.S. and China in an agreement to work together to enhance their efforts to familiarize commercial entities in their respective countries about the requirements of the agreement as well as national export controls and policies applicable to exports and imports subject to the agreement. The proposal would cover a term of thirty years from the time the agreement went into effect. If either party wants to terminate the agreement, they must notify the other party a year before the date of termination.
Obama pointed out that China has signed a number of nonproliferation agreements since the 1980s and is working to have its domestic export authority for nuclear technology meet international standards. China signed the Convention on the Physical Protection of Nuclear Materials in 2005. This Convention details international standards for the physical protection for the use, storage and transportation of nuclear materials. The Senate Foreign Relations Committee and the House Foreign Affairs Committee will both begin consultations on the proposed agreement with the White House immediately.
