I am pleased to transmit to the Congress, pursuant to subsections 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 an Agreement for Cooperation Between the Government of the United States of America and the Government of the Kingdom of Thailand Concerning Peaceful Uses of Nuclear Energy (the "Agreement").
I am also pleased to transmit my written approval, authorization, and determination concerning the Agreement and an unclassified Nuclear Proliferation Assessment Statement (NPAS) concerning the Agreement. In accordance with section 123 of the Act, a classified annex to the NPAS, prepared by the Secretary of State, in consultation with the Director of National Intelligence, summarizing relevant classified information, will be submitted to the Congress separately. The joint memorandum submitted to me by the Secretaries of State and Energy and a letter from the Chair of the Nuclear Regulatory Commission stating the views of the Commission are also enclosed. An addendum to the NPAS containing a comprehensive analysis of the export control system of the Kingdom of Thailand with respect to nuclear-related matters, including interactions with other countries of proliferation concern and the actual or suspected nuclear, dual-use, or missile-related transfers to such countries, pursuant to section 102A(w) of the National Security Act of 1947 (50 U.S.C. 3024(w)), is being submitted separately by the Director of National Intelligence.
The Agreement has been negotiated in accordance with the Act and other applicable law. In my judgment, it meets all applicable statutory requirements and will advance the nonproliferation and other foreign policy interests of the United States of America.
The Agreement contains all of the provisions required by subsection 123 a. of the Act. It provides a comprehensive framework for peaceful nuclear cooperation with the Kingdom of Thailand based on a mutual commitment to nuclear nonproliferation. It would permit the transfer of material, equipment (including reactors), components, and information for peaceful nuclear purposes. It would not permit the transfer of Restricted Data or sensitive nuclear technology. Any special fissionable material transferred to the Kingdom of Thailand could only be in the form of low enriched uranium, with the exception of small quantities of special fissionable material for use as samples, standards, detectors, or targets, or for such other purposes as the parties may agree.
Through the Agreement, the Kingdom of Thailand would affirm its intent to rely on existing international markets for nuclear fuel services rather than acquiring sensitive nuclear technology (i.e., for enrichment and reprocessing), and the United States would affirm its intent to support these international markets to ensure nuclear fuel supply for the Kingdom of Thailand.
The Agreement has a term of 30 years, although it can be terminated at any time by either party on 1 year's advance written notice to the other party. In the event of termination or expiration of the Agreement, key nonproliferation conditions and controls will continue in effect as long as any material, equipment, or components subject to the Agreement remains in the territory of the party concerned or under its jurisdiction or control anywhere, or until such time as the parties agree that such material, equipment, or components are no longer usable for any nuclear activity relevant from the point of view of safeguards.
The Kingdom of Thailand is a party to the Treaty on the Non-Proliferation of Nuclear Weapons and has concluded a Comprehensive Safeguards Agreement and Additional Protocol thereto with the International Atomic Energy Agency. The Kingdom of Thailand was also among the early sponsors of and is a State Party to the Treaty on the Southeast Asia Nuclear Weapon-Free Zone. A more detailed discussion of the Kingdom of Thailand's domestic civil nuclear activities and its nuclear nonproliferation policies and practices is provided in the NPAS and its classified annex.
I have considered the views and recommendations of the interested departments and agencies in reviewing the 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.
This transmission shall constitute a submittal for purposes of both subsections 123 b. and 123 d. of the Act. My Administration is prepared to immediately begin the consultations with the Senate Foreign Relations Committee and the House Foreign Affairs Committee as provided in subsection 123 b. Upon completion of the 30 days of continuous session review provided for in subsection 123 b., the 60 days of continuous session review provided for in subsection 123 d. shall commence.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
January 14, 2025.
