THE WHITE HOUSE
Office of the Press Secretary (New Delhi, India)
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.
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