Presidential Determination on the Proposed Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy

President Obama approved a nuclear cooperation agreement with China for peaceful uses of nuclear energy, finding it promotes common defense and security without unreasonable risk. The determination authorizes the Secretary of State to execute the agreement under Section 123 of the Atomic Energy Act.

Federal Register Open PDF 80 FR 22089

Impact dates

Date TBD
Federal Register publication of determination
Date TBD
Secretary of State to arrange for agreement execution

Key directives

Approve proposed Agreement for Cooperation with China on peaceful uses of nuclear energy
Authorize Secretary of State to arrange for agreement execution
Authorize Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

Determination signed and agreement approved
Secretary of State authorized to arrange execution

Near term (90d)

Agreement execution by Secretary of State
Federal Register publication of determination

Long term

Implementation of nuclear cooperation with China
Ongoing oversight under Atomic Energy Act Section 123 requirements

Risks & tensions

Nuclear cooperation with China raises nonproliferation oversight concerns despite 'peaceful uses' framing
Section 123 agreements require congressional review period; text does not specify whether this determination was submitted to Congress or if 90-day continuous session review has begun/completed
Text vague on whether this is initial approval or final execution step in legislative process