Nuclear Security & Deterrence Monitor Vol. 27 No. 35
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Nuclear Security & Deterrence Monitor
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September 15, 2023

U.S. nearing ‘123’ nuclear agreement with Philippines, report says

By Dan Parsons

The U.S. and Philippine governments are in the home stretch of signing a 123 agreement to boost cooperation on both civil energy projects and nuclear non-proliferation efforts.

Quoting Philippine Energy Undersecretary Sharon Garin, the Manila Bulletin — that nation’s largest English language newspaper — said the two countries are on the brink of signing the agreement, negotiation of which U.S. Vice President Kamala Harris (D) announced in 2022.

Negotiations “are ongoing,” a State Department spokesperson wrote in an email this week.

“Once discussions conclude, U.S. nuclear technology companies, including those that specialized on small modular reactors, will be able to increase their involvement in the Philippines’ market,” the State spokesperson said. “Multiple U.S. technology providers are in discussions with local partners to bring next generation civil nuclear technology to the Philippines.”

Interviewed while attending the World Nuclear Symposium in London last weekend, Garin told the newspaper that documents were being finalized for the signatures of both U.S. President Joe Biden (D) and Philippine President Ferdinand Marcos by the end of the year.

All 123 agreements, designed to establish peaceful nuclear cooperation between the U.S. and approved partner nations, are hashed out and overseen by the State Department with input from the Department of Energy, its quasi-independent National Nuclear Security Administration, and the Nuclear Regulatory Commission.

Peaceful nuclear cooperation includes the transfer of U.S. nuclear material, exporting nuclear fuel and reactors and helping to keep those materials safe, according to the State Department.

The State Department on Tuesday did not immediately answer a request for comment on the state of negotiations between the U.S. and the Philippines.

The President approves the 123 Agreement and submits it to Congress for review. Following the review period, “a 123 Agreement can be brought into force so long as a joint resolution of disapproval has not been enacted,” the State Department says on its website. At the end of 2022, the U.S. had 23 such agreements with a total 47 countries, the International Atomic Energy Agency and Taiwan, according to the State Department.

The Philippines is a non-weapons adherent to the Nuclear Non-Proliferation Treaty, which allows them to build nuclear-power infrastructure but not acquire or construct nuclear weapons. 

Harris announced a slate of initiatives in November to strengthen the U.S. alliance. Aside from the 123 agreement, they include cooperation on securing critical mineral supply change, building a geothermal power plant, enhanced defense cooperation, boosting the Philippine economy with job training and agricultural enhancements and more. 

The 123 agreement is specifically proposed to “support expanded cooperation on zero-emission energy and nonproliferation priorities,” according to a White House fact sheet on the larger initiative.

“Once in force, this agreement will provide the legal basis for U.S. exports of nuclear equipment and material to the Philippines,” the White House said. “The United States is committed to working with the Philippines to increase energy security and deploying advanced nuclear reactor technology as quickly as safety and security conditions permit to meet the Philippines’ dire baseload power needs. Such a deployment would support both energy security and climate goals, as well as support workers and businesses in both countries.”

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