[House Document 110-90]
[From the U.S. Government Printing Office]



                                     

110th Congress, 2d Session - - - - - - - - - - - - - House Document 110-90

 
    PROPOSED AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE 
                              REPUBLIC OF 
           TURKEY CONCERNING PEACEFUL USES OF NUCLEAR ENERGY

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

  THE PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE UNITED STATES OF 
AMERICA AND THE REPUBLIC OF TURKEY CONCERNING PEACEFUL USES OF NUCLEAR 
                              ENERGY, PURS
                       UANT TO 42 U.S.C. 2153(d)




  January 23, 2008.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    I 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 the proposed Agreement 
for Cooperation between the United States of America and the 
Republic of Turkey Concerning Peaceful Uses of Nuclear Energy 
(the ``Agreement'') together with a copy of the unclassified 
Nuclear Proliferation Assessment Statement (NPAS) and of my 
approval of the proposed Agreement and determination that the 
proposed Agreement will promote, and will not constitute an 
unreasonable risk to, the common defense and security. The 
Secretary of State will submit the classified NPAS and 
accompanying annexes separately in appropriate secure channels.
    The Agreement was signed on July 26, 2000, and President 
Clinton approved and authorized execution and made the 
determinations required by section 123 b. of the Act 
(Presidential Determination 2000-26, 65 FR 44403 (July 18, 
2000)) . However, immediately after signature, U.S. agencies 
received information that called into question the conclusions 
that had been drawn in the required NPAS and the original 
classified annex, specifically, information implicating Turkish 
private entities in certain activities directly relating to 
nuclear proliferation. Consequently the Agreement was not 
submitted to the Congress and the executive branch undertook a 
review of the NPAS evaluation.
    My Administration has completed the NPAS review as well as 
an evaluation of actions taken by the Turkish government to 
address the proliferation activities of certain Turkish 
entities (once officials of the U.S. Government brought them to 
the Turkish government's attention). The Secretary of State, 
the Secretary of Energy, and the members of the Nuclear 
Regulatory Commission are confident that the pertinent issues 
have been sufficiently resolved and that there is a sufficient 
basis (as set forth in the classified annexes, which will be 
transmitted separately by the Secretary of State) to proceed 
with congressional review of the Agreement and, if legislation 
is not enacted to disapprove it, to bring the Agreement into 
force.
    In my judgment, entry into force of the Agreement will 
serve as a strong incentive for Turkey to continue its support 
for nonproliferation objectives and enact future sound 
nonproliferation policies and practices. It will also promote 
closer political and economic ties with a NATO ally, and 
provide the necessary legal framework for U.S. industry to make 
nuclear exports to Turkey's planned civil nuclear sector.
    This transmittal shall constitute a submittal for purposes 
of both section 123 b. and 123 d. of the Act. My Administration 
is prepared to begin immediate consultations with the Senate 
Foreign Relations Committee and the House Foreign Affairs 
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.

                                                    George W. Bush.
    The White House, January 22, 2008.
                [Presidential Determination No. 2008-8]

                                           The White House,
                                      Washington, January 22, 2008.
Memorandum for the Secretary of State and the Secretary of Energy.
Subject: Determination on the Proposed Agreement for Cooperation 
        Between the United States of America and the Republic of Turkey 
        Concerning Peaceful Uses of Nuclear Energy.
    I have considered the proposed Agreement for Cooperation 
Between the United States of America and the Republic of Turkey 
Concerning Peaceful Uses of Nuclear Energy, signed at Ankara on 
July 26, 2000, along with the views, recommendations, and 
statements of interested agencies.
    I approve the proposed Agreement and have determined the 
performance of the Agreement will promote, and will not 
constitute an unreasonable risk to, the common defense and 
security.
    The Secretary of State is authorized to publish this 
determination in the Federal Register.

                                                    George W. Bush.