for Cooperation between the Government of the United States of America and the other nation or group of nations." ARTICLE X Paragraph 1 of Article XI of the Agreement for Cooperation, as amended, is amended by deleting the word "ten" and substituting in lieu thereof the word "twenty". ARTICLE XI This Amendment shall enter into force on the date on which each Government shall have received from the other Government written notification that it has complied with all statutory and constitutional requirements for the entry into force of such Amendment and shall remain in force for the period of the Agreement for Cooperation, as hereby amended. IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Amendment. DONE at Washington, in duplicate, this day of For the Government of the United States of America : DONOVAN Q. ZOOK, 1968. Director, Office of Atomic Energy Affairs, International Scientific and Technological Affairs, Department of State. Chief, European Branch, Division of International Affairs, Chairman, Joint Committee on Atomic Energy, DEAR SENATOR PASTORE: Pursuant to Section 123c of the Atomic Energy Act of 1954, as amended, there are submitted with this letter: (a) an "Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of the Philippines Concerning Civil Uses of Atomic Energy"; (b) a copy of a letter from the Commission to the President recommending approval of the agreement; and (c) a copy of a letter from the President to the Commission containing his determination that performance of the agreement will promote and will not constitute an unreasonable risk to the common defense and security, approving it and authorizing its execution. The agreement has been negotiated by the Department of State and the Atomic Energy Commission pursuant to the Atomic Energy Act of 1954, as amended. It will supersede the Agreement for Cooperation between the United States of America and the Republic of the Philippines which was signed at Washington on July 27, 1955, was amended by the agreements signed on June 11, 1960, August 7, 1963, and June 27, 1966, and which is scheduled to expire on July 26, 1968. The primary purposes of the superseding agreement with the Government of the Philippines are to extend the present cooperation with that Government in atomic energy and to provide for the supply of enriched uranium to fuel two nuclear power projects scheduled to be placed under construction by 1973. The agreement generally follows the pattern of other recent long-term agreements with Switzerland, Sweden, and Norway, as well as the one recently signed with Japan. As in the case of those agreements, the term of the new Philippine agreement would also be thirty years. Pursuant to Article X of the agreement, the net ceiling on the amount of U-235 in enriched uranium which may be transferred to the Philippines during the life of the agreement is 17,600 kilograms. Of this quantity, 17,500 kilograms is cal culated to be necessary for fueling the two planned power reactors over the term of the agreement and the remaining 100 kilograms would be available for research purposes. Private persons in both the United States and the Philippines would be permitted to participate in transactions for the transfer under the agreement of equipment and devices and of materials, including special nuclear material. Such transactions would take place pursuant to Article VII which provides that arrangements for transfers may be made between either Party or authorized persons under its jurisdiction and authorized persons under the jurisdiction of the other Party. Transfers of special nuclear material would be subject to the ceiling quantity of 17,600 kilograms of U-235. Comparable to other power agreements of this type, the basic method for supply of enriched uranium after December 31, 1968, would be through the provision of uranium enrichment services. The sale of enriched uranium for power reactor fueling would continue to be possible but would be at the election of the Commission. In the case of transfers for research purposes, the Commission could, when transfer of title is involved, require that supply be through toll-enrichment. Article IX of the agreement with the Philippines includes other provisions related to long-term fuel supply which are regularly incorporated in power agreements of this type. Paragraph A(2) of this article assures the comparability of domestic and foreign prices for enriched uranium and services performed, as well as the advance notice required for delivery. This article also provides that uranium enriched to more than 20% in the isotope U-235 may be made available to the Philippines when economically or tecnhically justified. Article XII contains bilateral safeguards provisions. As is the case under the current agreement, these bilateral safeguards would be suspended to the extent that the International Atomic Energy Agency applies its safeguards to transfers under the agreement. The Agency has been applying safeguards under a trilateral agreement signed in 1964 and, pursuant to Article XIII, the Parties agree that Agency safeguards shall continue to apply under the existing trilateral as it may be amended or superseded. A superseding trilateral agreement has been negotiated for application to the new bilateral agreement. The agreement will enter into force on the date on which each Government shall have received from the other Government written notification that it has complied with all statutory and constitutional requirements for entry into force. Cordially, Enclosures: (Signed) GLENN T. SEABORG, Chairman. 1. Agreement for Cooperation Between the Government of the United States of America and the Government of the Philippines (3). 2. Letter from the Commission to the President (3). The PRESIDENT, The White House. JUNE 10, 1968. DEAR MR. PRESIDENT: The Atomic Energy Commission recommends that you approve the enclosed proposed superseding "Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of the Philippines Concerning Civil Uses of Atomic Energy", determine that its performance will promote and will not constitute an unreasonable risk to the common defense and security, and authorize its execution. The Department of State supports the Commission's recommendation. The proposed agreement, which has been negotiated by the Department of State and the Atomic Energy Commission pursuant to the Atomic Energy Act of 1954, as amended, would supersede the current Agreement for Cooperation between the United States of America and the Republic of the Philippines. This agreement was signed at Washington on July 27, 1955, was amended by the agreements signed on June 11, 1960, August 7, 1963, and June 27, 1966, and will expire on July 26, 1968. The proposed superseding agreement with the Philippines is similar to the agreement recently signed with Japan and is also like several other recent longterm power agreements, for example, the Swiss, Swedish, and Norwegian agreements. The primary purposes of the proposed agreement are to extend cooperation with the Government of the Philippines in atomic energy matters and to provide for the supply of enriched uranium to fuel two power reactors planned to be under construction by 1973. The term of the agreement would therefore be thirty years as in the case of the other agreements cited above. The quantity of U-235 in enriched uranium needed to fuel these power reactor projects over the term of the agreement is 17,500 kilograms. An additional 100 kilograms would be made available for various research purposes, bringing the overall net ceiling quantity of U-235 which may be transferred under the proposed agreement to 17,600 kilograms. As is regularly provided when preparing new agreements or amendments, the proposed Philippine agreement incorporates the benefits of the 1964 "Private Ownership" legislation respecting privately-arranged transfers of special nuclear material. In accordance with this legislation, Article VII of the agreement would permit arrangements to be made between either Party or authorized persons under its jurisdiction and authorized persons under the jurisdiction of the other Party for transfers of special nuclear material. Such arrangements would be in addition to the government-to-government transactions currently allowed and would be subject to the ceiling limit of 17,600 kilograms of U-235. As regularly incorporated in similar Agreements for Cooperation, the basic method for supply of enriched uranium to which there would be a transfer of title would, after December 31, 1968, be through uranium enrichment services for the account of the Philippine transferee requiring such services. This would be accomplished pursuant to proposed Article VIII. Also under this article, sale of enriched uranium would continue to be possible if the Parties so desire. Also as provided in similar agreements, the proposed Philippine agreement includes language in Article IX which assures the comparability of domestic and foreign prices for enriched uranium and services performed, as well as advance notice required for delivery. Article IX also provides that uranium enriched to more than 20% in the isotope U-235 may be made available to the Philippines at the discretion of the Commission, when there is an economic or technical Justification for such a transfer. The International Atomic Energy Agency is currently applying safeguards to materials and facilities transferred under the present Agreement for Cooperation in accordance with the trilateral agreement signed in 1964. The proposed new agreement would provide that the Agency be requested to continue its application of safeguards to materials and facilities which would be subject to safe guards under the bilateral agreement. This would be accomplished through a revised safeguards agreement which has been negotiated among the U.S., the Philippines, and the Agency. Following your approval, determination, and authorization, the proposed agreement will be formally executed by appropriate authorities of the Govern ment of the United States of America and the Government of the Republic of the Philippines. In compliance with Section 123c of the Atomic Energy Act of 1954, as amended, the agreement will be submitted to the Joint Committee on Atomic Energy. Respectfully yours, /s/ GLENN T. SEABORG, Chairman. Enclosure: Proposed Superseding Agreement for Cooperation Between the United States of America and the Republic of the Philippines. THE WHITE HOUSE, Washington, D.C., June 12, 1968. Hon. GLENN T. SEABORG, U.S. Atomic Energy Commission, DEAR DR. SEABORG: In accordance with Section 123a of the Atomic Energy Act of 1954, as amended, the Atomic Energy Commission has submitted to me by letter dated June 10, 1968, a proposed superseding "Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of the Philippines Concerning Civil Uses of Atomic Energy” and has recommended that I approve the agreement, determine that its performance will promote and will not constitute an unreasonable risk to the common defense and security, and authorize its execution. Pursuant to the provisions of Section 123h of the Atomic Energy Act of 1954, as amended, and upon the recommendation of the Atomic Energy Commission, I hereby : (a) approve the proposed superseding agreement and determine that its performance will promote and will not constitute an unreasonable risk to the common defense and security of the United States of America; and (b) authorize the execution of the agreement on behalf of the Government of the United States of America by appropriate authorities of the Department of State and the Atomic Energy Commission. Sincerely, LYNDON B. JOHNSON, AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES CONCERNING CIVIL USES OF ATOMIC ENERGY Whereas the Government of the United States of America and the Government of the Republic of the Philippines signed an "Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of the Philippines Concerning Civil Uses of Atomic Energy" on July 27, 1955, which was amended by the Agreements signed on June 11, 1960, August 7, 1963, and June 27, 1966; and Whereas the Government of the United States of America and the Government of the Republic of the Philippines desire to pursue a research and development program looking toward the realization of peaceful and humanitarian uses of atomic energy, including the design, construction, and operation of power-producing reactors and research reactors, and the exchange of information relating to the development of other peaceful uses of atomic energy; and Whereas the Government of the United States of America and the Government of the Republic of the Philippines are desirous of entering into this Agreement to cooperate with each other to attain the above objectives; and Whereas the Parties desire this Agreement to supersede the "Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of the Philippines Concerning Civil Uses of Atomic Energy" signed on July 27, 1955, as amended; The Parties agree as follows: ARTICLE I The "Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of the Philippines Concerning Civil Uses of Atomic Energy", signed on July 27, 1955, as amended, is superseded on the date this Agreement enters into force. ARTICLE II For the purpose of this Agreement: (1) "Atomic weapon" means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device. (2) "Byproduct material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (3) "Commission" means the United States Atomic Energy Commission. (4) "Equipment and devices" and "equipment or devices" means any instru ment, apparatus, or facility, and includes any facility, except an atomic weapon, capable of making use of or producing special nuclear material, and component parts thereof. (5) "Parties" means the Government of the United States of America, including the Commission on behalf of the Government of the United States of America, and the Government of the Republic of the Philippines. "Party" means one of the above "Parties". (6) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency, or government corporation but does not include the Parties to this Agreement. (7) "Reactor" means an apparatus, other than an atomic weapon, in which a self-supporting fission chain reaction is maintained by utilizing uranium, plutonium, or thorium, or any combination of uranium, plutonium, or thorium. (8) "Restricted Data" means all data concerning (1) design, manufacture, or utilization of atomic weapons, (2) the production of special nuclear material, or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the category of Restricted Data by the appropriate authority. (9) "Safeguards" means a system of controls designed to assure that any materials, equipment and devices committed to the peaceful uses of atomic energy are not used to further any military purpose. (10) "Source material" means (1) uranium, thorium, or any other material which is determined by the Commission or the Government of the Republic of the Philippines to be source material, or (2) ores containing one or more of the foregoing materials, in such concentration as the Commission or the Government of the Republic of the Philippines may determine from time to time. (11) "Special nuclear material" means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission or the Government of the Republic of the Philippines determines to be special nuclear material, or (2) any material artificially enriched by any of the foregoing. (12) "Superseded Agreement" means the Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of the Philippines signed by the Parties on July 27, 1955, as amended by the Agreements signed on June 11, 1960, August 7, 1963, and June 27, 1966. ARTICLE III A. Subject to the provisions of this Agreement, the availability of personnel and material, and the applicable laws, regulations, and license requirements in force in their respective countries, the Parties shall cooperate with each other in the achievement of the uses of atomic energy for peaceful purposes. B. Restricted Data shall not be communicated under this Agreement, and no materials or equipment and devices shall be transferred, and no services shall be furnished, under this Agreement, if the transfer of any such materials or equipment and devices or the furnishing of any such devices involves the communication of Restricted Data. C. This Agreement shall not require the exchange of any information which the Parties are not permitted to communicate. ARTICLE IV Subject to the provisions of Article III, the Parties shall exchange unclassified information with respect to the application of atomic energy to peaceful uses and the problems of health and safety connected therewith. The exchange of information provided for in this Article shall be accomplished through various means, including reports, conferences, and visits to facilities, and shall include information in the following fields: (1) Development, design, construction, operation, and use of research, materials testing, experimental, demonstration power, and power reactors, and reactor experiments; (2) The use of radioactive isotopes and source material, special nuclear material, and byproduct material in physical and biological research, medicine, agriculture, and industry; and (3) Health and safety problems related to the foregoing. ARTICLE V A. Materials of interest in connection with the subjects of agreed exchange of information as provided in Article IV and subject to the provisions of Article III, including source material, heavy water, byproduct material, other radioisotopes, stable isotopes, and special nuclear material for purposes other than fueling reactors and reactor experiments, may be transferred between the Parties for defined applications in such quantities and under such terms and conditions as may be agreed when such materials are not commercially available. B. Subject to the provisions of Article III and under such terms and conditions as may be agreed, specialized research facilities and reactor materials testing facilities of the Parties shall be made available for mutual use consistent with the limits of space, facilities, and personnel conveniently available when such facilities are not commercially available. |