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H.Doc.107-139 A LEGISLATIVE PROPOSAL ...


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107th Congress, 1st Session - - - - - - - - - - House Document 107-138 


 
 PROPOSED PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION BETWEEN THE 
               UNITED STATES AND THE KINGDOM OF MOROCCO

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

THE TEXT OF A PROPOSED PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION 
  BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 
  GOVERNMENT OF THE KINGDOM OF MOROCCO CONCERNING PEACEFUL USES OF 
  NUCLEAR ENERGY, PURSUANT TO 42 U.S.C. 2153(b), (d)

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  October 29, 2001.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-011                     WASHINGTON : 2001

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 Protocol Amending the Agreement for Cooperation 
Between the Government of the United States of America and the 
Government of the Kingdom of Morocco Concerning Peaceful Uses 
of Nuclear Energy signed at Washington on May 30, 1980. I am 
also pleased to transmit my written approval, authorization, 
and determination concerning the Protocol, and an unclassified 
Nuclear Proliferation Assessment Statement (NPAS) concerning 
the Protocol. (In accordance with section 123 of the Act, as 
amended by title XII of the Foreign Affairs Reform and 
Restructuring Act of 1998 (Public Law 105-277), a classified 
Annex to the NPAS, prepared by the Secretary of State in 
consultation with the Director of Central Intelligence, 
summarizing relevant classified information, will be submitted 
to the Congress separately.) The joint memorandum submitted to 
me by the Secretary of State and the Secretary of Energy and a 
letter from the Chairman of the Nuclear Regulatory Commission 
stating the views of the Commission are also enclosed.
    I am informed that the proposed Protocol has been 
negotiated to be in accordance with the Act and other 
applicable law, to meet all statutory requirements, and to 
advance the nonproliferation and other foreign policy interests 
of the United States.
    The Protocol amends the Agreement for Cooperation Between 
the Government of the United States of America and the 
Government of the Kingdom of Morocco Concerning Peaceful Uses 
of Nuclear Energy in two respects:
    1. It extends the Agreement, which expired by its terms on 
May 16, 2001, for an additional period of 20 years, with a 
provision for automatic extensions thereafter in increments of 
5 years each unless either Party gives timely notice to 
terminate the Agreement; and
    2. It updates certain provisions of the Agreement relating 
to the physical protection of nuclear material subject to the 
Agreement.
    As amended by the proposed Protocol, I am informed that the 
Agreement will continue to meet all requirements of U.S. law.
    Morocco is in the early stages of developing a nuclear 
research program, with support from the United States and the 
International Atomic Energy Agency (IAEA). The United States 
firm, General Atomics, is currently building the country's 
first reactor, a small (2 megawatt) TRIGA Mark II research 
reactor that will use low-enriched uranium fuel. General 
Atomics' completion of the project cannot occur without an 
Agreement for Cooperation in force.
    Morocco is a party to the Treaty on the Non-Proliferation 
of Nuclear Weapons (NPT) and has an agreement with the IAEA for 
the application of full-scope safeguards to its nuclear 
program. Morocco is a signatory to (but has not yet ratified) 
the Convention on the Physical Protection of Nuclear Material, 
which establishes international standards of physical 
protection for the storage and transport of nuclear material.
    I have considered the views and recommendations of the 
interested agencies in reviewing the proposed Protocol 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 Protocol and 
authorized its execution and urge that the Congress give it 
favorable consideration.
    This transmission shall constitute a submittal for purposes 
of both sections 123 b. and 123 d. of the Atomic Energy Act. My 
Administration is prepared to begin immediately the 
consultations with the Senate Foreign Relations Committee and 
House International Relations Committee as provided in section 
123 b. Upon completion of the 30-day continuous session period 
provided for in section 123 b., the 60-day continuous session 
period provided for in section 123 d. shall commence.

                                                    George W. Bush.
    The White House, October 24, 2001.
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