Message to the Congress Transmitting the Japan-United States Nuclear Energy Cooperation Agreement

November 9, 1987

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 text of a proposed Agreement for Cooperation Between the Government of the United States of America and the Government of Japan Concerning Peaceful Uses of Nuclear Energy, including an implementing agreement pursuant to Article 11 of the proposed agreement. I am also pleased to transmit my written approval, authorization and determination concerning the agreement, and the Nuclear Proliferation Assessment Statement by the Director of the United States Arms Control and Disarmament Agency concerning the agreement. The joint memorandum submitted to me by the Departments of State and Energy, which includes a summary of the provisions of the agreement, the views of the Director of the United States Arms Control and Disarmament Agency, and an analysis of the approvals and consents contained in the agreement, including the implementing agreement, and associated subsequent arrangements are also enclosed.

I also enclose for your information the texts of a proposed subsequent arrangement under the United States-Norway Revised Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy and a proposed subsequent arrangement under the United States-EURATOM Additional Agreement for Cooperation Concerning Peaceful Uses of Atomic Energy. These subsequent arrangements are designed to give effect to certain provisions of the United States-Japan implementing agreement and will enter into force only after the agreement enters into force. They are being processed by the Department of Energy in accordance with the applicable provisions of the Atomic Energy Act of 1954, as amended.

The proposed agreement with Japan, including the implementing agreement, has been negotiated in accordance with the Nuclear Non-Proliferation Act of 1978 (NNPA). In my judgment it meets all statutory requirements. It will supersede our 1968 agreement with Japan and, given the magnitude of our long-standing cooperation with Japan in the peaceful uses of nuclear energy, will represent the most significant achievement to date in our program initiated pursuant to section 404 (a) of the NNPA to update all existing agreements for peaceful nuclear cooperation to include the more stringent standards established by that Act.

I believe that the new agreement will strengthen the basis for continued close cooperation between the United States and Japan in the peaceful nuclear area and that it will further the non-proliferation and other foreign policy interests of the United States. The implementing agreement provides Japan advance, long-term consent for reprocessing, transfers, alteration, and storage of nuclear material subject to the agreement, provided that the reprocessing and subsequent use of the recovered plutonium meet and continue to meet the criteria set out in U.S. law, including criteria relating to safeguards and physical protection. These arrangements should enable Japan to plan for its long-term energy needs on a more assured, predictable basis, while at the same time embodying the most advanced concepts of physical security and safeguards of any agreement. This step forward in our cooperative relations with Japan will be consistent with the NNPA's injunction to take such actions as are required to confirm the reliability of the United States as a nuclear supplier consistent with non-proliferation goals.

Japan is not only a close ally of the United States but is also a party to the Treaty on the Non-Proliferation of Nuclear Weapons and has long been one of the strongest supporters of the international non-proliferation regime. Moreover, the United States and Japan have a substantial identity of views and intentions with regard to preventing nuclear proliferation and are prepared to work together on measures that will contribute to the prevention of proliferation consistent with the peaceful uses of nuclear energy. An exchange of letters between the United States and Japan, the text of which is included in the agreement package, sets forth in detail our shared views on non-proliferation.

I have considered the views and recommendations of the interested agencies in reviewing the proposed agreement and have determined that its performance will promote, and will not constitute an unreasonable risk to, the common defense and security. Accordingly, I have approved the agreement and authorized its execution and urge that the Congress give it favorable consideration.

I have also found that this agreement meets all applicable requirements of the Atomic Energy Act, as amended, for agreements for peaceful nuclear cooperation, and therefore, I am transmitting it to the Congress without exempting it from any requirement contained in section 123 a. of that Act. This transmission shall constitute a submittal for purposes of both sections 123 b. and 123 d. of the Atomic Energy Act. The Administration is prepared to begin immediately the consultations with the Senate Foreign Relations and House Foreign Affairs Committees as provided in section 123 b. Upon completion of the 30-day continuous session period provided in section 123 b., the 60-day continuous session period provided for in section 123 d. shall commence.

Ronald Reagan

The White House,

November 9, 1987.