ML19282C348
| ML19282C348 | |
| Person / Time | |
|---|---|
| Issue date: | 02/02/1979 |
| From: | Kennedy R NRC COMMISSION (OCM) |
| To: | Nosenzo L STATE, DEPT. OF |
| References | |
| NUDOCS 7903300054 | |
| Download: ML19282C348 (3) | |
Text
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4 Ur:!TED STATES Ya. -Q 'k NUCLEAR REGULATORY CONMISSION
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February 2, 1979 C4WM OFFICE OF TtlE CO 4 I'E
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The Honorable Louis V. tiosenzo Deputy Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs Department of State Washington, D.C.
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Dear fir. flosenzo:
At the January 3 State Department briefing of the Commission on the implications of the new U.S.-China policy for nuclear exports to Taiwan, it was agreed that, if requested, the Executive Branch ticu'id provide information on certain issues which may bear on pending license applications covering exports destined for Taiwan.
It would be appreciated if you could provide answers to the following quest'.:s:
1.
Does Taiwan meet the nationhood requirement set forth in the Atomic Er..gy Act of 1954? If so, what is the specific legal basis for this conclusion?
2.
What effect does withdrawal of U.S. recognition have on rights and obligations under the existing Agreement for Cooperation Between the Govertiment of the United States and the Government of th2 Republic of China Concerning Civil Uses of Atomic Energy? Specifically, if the Agreement remains in force, with the only change being that it will henceforth be a U.S. agreement with the people of Taiwan, who will act as the Principal for these people?
If a Taiwan non-profit corporation is established, parallel to the planned American Institute in Taiwan, what legal relationship would that bear to the " authorities" on Taiwan?
3.
What is the precise ';egal nature of the control which the " authorities" on Taiwan exercise over private individuals and companies in Taiwan?
If we do not recognize this control as that of a sovereign nation, what is its legal character?
4.
Will any aspect of continued nuclear cooperation between the U.S. and the people on Taiwan have to be terminated if implementing legislation now under consideration by the Adminttration is not enacted? If so, what?
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The Honorable Louis V. Nosenzo 5.
What assurances have the people on Taiwan given the United States
.concerning nuclear cooperation subsequent to the President's December 15 statement and through what authorities? What legal weight should be accorded these assurances?
6.
If the U.S. requires additional assurances concerning nuclear exports to Taiwan, from whom would these assurances be sought? If they are to be sought from a yet-to-be-established Taiwan non-profit corporation, what legal validity would these assurances have under U.S. law?
In the view of the Executive Branch, is legislation necessary to make these assurances effective? Similarly, if the U.S.
were obliged to seek enforcement of existing assurances, what entity on Taiwan would be the enforcing authority?
If disputes should arise about the need for enforcement, would the norms and principles of international law govern their resolution? If not, what law would apply? What international fora would be available to the United States for enforcing U.S. rights?
7.
What is the current status of the relationship of the IAEA to Taiwan?
Will the existing US-IAEA-Taiwan trilateral agreement require any modification in light of the new situation? Does the Department of State perceive any legal implications for continued application of IAEA safeguards on nuclear facilities in Taiwan? More specifically, are IAEA safeguards presently applicable to.all non-U.S. supplied nuclear material facilities within Taiwan, including the " hot cell" at the Institute for Nuclear Energy Reaction and the Canadian supplied research reactor, and associated nuclear material? If so, what are the formal and informal arrangements under which such safeguards are implemented? And, can facility attachments be negotiated between the IAEA and Taiwan on new nuclear facilities, such as U.S. supplied power reactors?
8.
Does the withdrawal of U.S. diplomatic recognition change in any way the legal character of commitments undertaken by Taiwan pursuant to the NPT?
9.
In light of U.S. recognitica of the People's Republic of China as the sole government of China, uhat is the legal status under U.S. and international law of assurances received from the authorities / people on Taiwan?
10.
Although no judgment is intended by the Commission as to the likelihood of sutb an event, what would be the outlook for application of safeguards (IAEA or bilateral) to U.S. supplied nuclear material in Taiwan should Taiwan become politically integrated with China, a nuclear-weapon state not party to the NPT?
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'The Honorable Louis V. Nosenzn 11. What is the position of the Executive Branch on the applicability of the President's December 30 memorandum to independent regulatory agencies?
It also would be helpful to receive reconfirmation of Executive Branch recomendations on export license applications to Taiwan on which views were previously received, as well as the position of the Executive Branch as to v;hether any modifications are necessary in the analyses previously provided on these applications in light of the new situation.
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An early reply would be appreciated.
Thank you for your assistance in this matter.
Sincerely, p'
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' Richard T. -Kennedy f Commissioner t
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