NEW ERA OF ENERGY: PH-US civil nuke pact boosts clean energy cooperation

BY GEROME DALIPE IV

ILOILO City – A bilateral agreement for peaceful nuclear cooperation that the Philippines and the United States signed in 2023 has entered into force, enabling the two countries to cooperate on the peaceful uses of nuclear energy.

Known as the “123 Agreement”, such a bilateral agreement for peaceful nuclear cooperation under Section 123 of the U.S. Atomic Energy Act allows the sharing of nuclear materials, technology, and information for peaceful purposes.

In a statement, the US State Department confirmed yesterday the peaceful nuclear cooperation agreement took effect last July 2.

“The Agreement will enhance our cooperation on clean energy and energy security and strengthen our long-term bilateral diplomatic and economic relationships,” the US State Department said.

“Energy security is an increasingly critical global challenge requiring deliberate collaborative efforts, and together our two countries can make a significant contribution to our shared clean energy goals,” it added.

The US State Department emphasized the agreement builds on the nearly 80 years of peaceful nuclear cooperation between our nations and establishes a framework for continued U.S. civil nuclear trade with the Philippines. 

“Nuclear energy can help achieve these vital global climate change and energy security targets, and we look forward to exploring new avenues of cooperation with the Philippines in civil nuclear energy and other clean energy initiatives,” it stressed.

The US State Department noted that energy security is an increasingly critical global challenge requiring deliberate efforts; hence collaboration between two countries can contribute to shared clean energy goals. 

“This Agreement is part of broader U.S. efforts to develop the Philippines’ civil nuclear sector. Creating a safe, secure, and modern sector requires a skilled workforce, robust regulations, and strong commercial partnerships. Our government is committed to working with the Philippines to advance each of these areas and we look forward to further building our partnership together,” it said.

Civil nuclear cooperation agreements, also known as 123 Agreements, provide a legal framework for exports of nuclear material, equipment, and components from the United States to another country. 

This Agreement provides a comprehensive framework for peaceful nuclear cooperation with the Philippines based on a mutual commitment to nuclear nonproliferation. 

It will permit the transfer of nuclear material, equipment (including reactors), components, and information for nuclear research and civil nuclear energy production.   

Upon entry into force, the Department of Energy (DOE) earlier said the agreement would allow the transfer of information, nuclear material, equipment, and components directly between the Philippines and the US or through persons authorized by their respective authorities to engage in transfer activities, which will support potential nuclear power projects with US providers.

“We see nuclear energy becoming a part of the Philippines’ energy mix by 2032 and we are more than happy to pursue this path with the United States,” said President Ferdinand Marcos Jr. after Philippine and US officials signed the 123 Agreement.

Likewise, the DOE stressed the 123 Agreement lays the legal framework for potential nuclear power projects with US providers.

Likewise, the DOE said the agreement will facilitate Philippine-US cooperation in the safe and secure use of nuclear energy taking into full account the standards and safeguards set by the International Atomic Energy Agency, as well as by respective national laws, international agreements, and regulations.

The Agreement will likewise pave the way for streamlining the licensing requirements for the private sector concerning investments in nuclear-related intangible transfers of technology (ITT).

“The signing of the Agreement today is reflective of an enduring cooperative effort between the Philippines and the US on harnessing civilian nuclear power for sustainable development,” said Energy Secretary Raphael P.M. Lotilla after the signing of the agreement.

From the time the Philippines under President Ramon Magsaysay joined in 1955 the Atoms for Peace Program initiated by US President Dwight Eisenhower until today’s incumbency of President Marcos, Jr., manifests the intention of the two countries to enhance the level of cooperation and strengthen partnership across the spectrum of nuclear energy applications both for power and non-power uses.

“Beyond nuclear power applications to combat climate change, the new Agreement facilitates cooperation in a wide array of other peaceful uses of atomic energy — all supportive of various Sustainable Development Goals — including plant breeding, livestock production, insect pest control, soil and crop management, water use efficiency, plastic waste disposal, food safety, health, and medicine,” Lotilla added.

The negotiations for the 123 Agreement were led by DOE Undersecretary Sharon S. Garin for the Philippine side and Principal Deputy Assistant Secretary of State Ann Ganzer for the US side.

Other members of the Philippine Negotiating Team include the Department of Foreign Affairs-Office of American Affairs, the Department of Science and Technology-Philippine Nuclear Research Institute, the Department of Trade and Industry-Strategic Trade Management Office, and the Department of Justice, while the US Negotiating Team includes representatives from the US-DOE National Nuclear Security Administration, the Nuclear Regulatory Commission, and the US Embassy in Manila./PN

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