ExecutiveOrdersEO
DetDeterminationClinton · D

Presidential Determination

Certification Pursuant to Section (b)(1) of Public Law 99-183 and to Section 902(a)(6)(B) of Public Law 101-246

President Clinton certified to Congress that U.S.-China nuclear cooperation agreements met nonproliferation safeguards, including that China was not violating the Atomic Energy Act and had provided assurances against assisting non-nuclear-weapon states in acquiring nuclear explosives. This determination allowed continued implementation of the 1985 U.S.-China nuclear cooperation agreement.

Federal Register Open PDF 63 FR 3447

Impact dates

  1. Determination signed and effective

Key directives

  • Certify reciprocal arrangements under Article 8 of Agreement are effective for peaceful use safeguards
  • Certify China is not in violation of Atomic Energy Act section 129(2)
  • Certify Article 5(2) obligation does not prejudice U.S. approval/disapproval decisions
  • Certify China has provided clear assurances against assisting non-nuclear-weapon states in acquiring nuclear explosive devices
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Certification effective upon signing January 12, 1998
  • Federal Register publication authorized

Near term (90d)

—

Long term

  • Continued implementation of U.S.-China nuclear cooperation agreement

Risks & tensions

  • Certification based on 'all other information available' leaves room for intelligence uncertainty not fully disclosed
  • Assurances from China were diplomatic rather than verifiable treaty commitments
  • Section 902(a)(6)(B) certification required balancing nonproliferation goals against commercial nuclear trade interests
  • Document does not specify enforcement mechanisms if China violated assurances
Presidential Determination: Certification Pursuant to Section (b)(1) of Public Law 99-183 and to Section 902(a)(6)(B) of Public Law 101-246 · Executive Orders