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Excerpt from US Senator Markey’s letter to President Biden:
“I fear that Saudi Arabia — a nation with a terrible human rights record — cannot be trusted to use its civil nuclear energy program solely for peaceful purposes and will instead enrich uranium and seek to develop nuclear weapons. I urge your Administration to ensure that the path towards Middle East peace holds Saudi Arabia accountable for its appalling human rights practices and constrains its ability to become a nuclear power.

Before Hamas’s October 7, 2023 attack on Israel and the ensuing war in Gaza, the United States was reported to have been brokering a historic peace agreement between Israel and the Kingdom. Described as a “mega-deal,” the normalization of Israeli-Saudi relations would have involved “upgrading U.S.-Saudi relations with a defense treaty that includes U.S. security guarantees and a deal on a civil nuclear energy program on Saudi soil.” More recently, the talks reportedly have also included as a key element “moving forward toward the establishment of a Palestinian state.” According to reports, the United States is “in the final stages of negotiating” such a package. Saudi Arabia’s public flirtation with becoming a nuclear-armed state, however, strongly militates against an agreement that includes defense guarantees and support for its civil nuclear energy program. In 2018, Saudi Crown Prince Mohammad bin Salman vowed that “if Iran developed a nuclear bomb, we will follow suit as soon as possible.”

More recently, in 2023, the Crown Prince reiterated that threat, stating that if Iran acquires a nuclear weapon, “we have to get one.” The Kingdom has received assistance from the People’s Republic of China — outside international safeguards — in mastering the early stages of the nuclear-fuel cycle. And according to public reports, the “U.S. government has obtained intelligence that Saudi Arabia has significantly escalated its ballistic missile program with the help of China,” which “could mark another step in potential Saudi efforts to one day deliver a nuclear warhead were it ever to obtain one.” It is therefore not surprising to hear an Israeli security expert describe Saudi Arabia’s “nuclear appetite” as “very big” and “quite dangerous.” (US Senator Markey, 1 May 2024)

There’s no benefit to the United States of this deal, only danger. The saying used to be that “he may be a “son of a b*tch” but he’s our “son of a b*tch”. However, the Saudi “Crown Prince” dictator isn’t even “our son of a b*tch”. Giving the Saudi dictator US technology won’t stop him from taking Chinese or Russian nuclear technology, nor transferring US AI and other technology to China, Russia, and even Iran. The world doesn’t need another dictatorship with nuclear weapons. We don’t need high level AI in the hands of dictators. Neither Saudi Arabia nor Iran should have nuclear weapons nor advanced AI. Let Saudi be under the Israeli nuclear umbrella just as Japan is under the US nuclear umbrella.

The Guardian has reported that Saudi Arabia is pushing a “plan B”, so that it gets US nuclear tech and “high-level sharing in the field of artificial intelligence and other emergency technologies” without even normalizing relations with Israel. https://web.archive.org/web/20240501112723/https://www.theguardian.com/world/2024/may/01/saudi-us-biden-deal-israel

Recall that “Saudi Arabia, Iran Agree to Normalize Diplomatic Ties” March 11, 2023 6:01 PM By Edward Yeranian Quote: “Khattar Abou Diab, who teaches political science at the University of Paris, told VOA that the “new feature” of the Saudi-Iran agreement is China’s role in the deal…” https://www.voanews.com/a/saudi-arabia-iran-agree-to-normalize-diplomatic-ties-/7000681.html “Saudi and Iranian Ministers Talk After Drone Attack on Israel” April 15, 2024 Quote: “According to reports Saudi Arabia provided intelligence reports about Iran’s plans to the U.S.” https://www.bloomberg.com/news/live-blog/2024-04-13/iran-attack-on-israel

“Saudis Sign Military Cooperation Agreement With Russia” August 24, 2021 02:37 GMT By RFE/RL https://www.rferl.org/a/saudi-russia-arms-weapons-/31425164.html
“Russia’s Putin meets leaders of Saudi Arabia, UAE on whistle-stop Gulf tour: Russian President Vladimir Putin on Wednesday had hastily arranged talks with Saudi Crown Prince Mohammed bin Salman on oil, Gaza and Ukraine, hours after visiting Saudi Arabia’s Gulf neighbour, the United Arab Emirates. Issued on: 06/12/2023 – 21:40 https://www.france24.com/en/middle-east/20231206-russia-s-putin-meets-leaders-of-saudi-arabia-uae-on-whistle-stop-gulf-tour “Saudi Arabia, Russia and several OPEC+ producers extend voluntary crude supply cuts until end of June” Sun, March 3 2024 By Ruxandra Iordache “OPEC+ refers to the coalition of the Organization for the Petroleum Exporting Countries and its allies, steered by Riyadh and Moscow.”https://www.cnbc.com/2024/03/03/saudi-arabia-to-extend-1-million-barrel-per-day-crude-oil-output-cut-until-the-end-of-june.html

“MAY 01, 2024
SEN. MARKEY SEEKS ANSWERS ON NUCLEAR COOPERATION WITH SAUDI ARABIA, CALLS FOR CONGRESSIONAL OVERSIGHT OF ANY 123 NEGOTIATIONS
Letter Text (PDF) https://www.markey.senate.gov/download/saudi-arabia-israel-normalization-deal-and-civil-nuclear-cooperation-oversight-letter-copy
Washington (May 1, 2024) – Senator Edward J. Markey (D-Mass.), a co-chair of the Nuclear Weapons and Arms Control Working Group, today wrote to the Biden administration seeking answers about any agreement that would normalize relations between the Kingdom of Saudi Arabia and Israel in exchange for civil nuclear energy cooperation and a U.S. defense commitment to the Kingdom. In his letter, Senator Markey urged the Biden administration to ensure that any civil nuclear cooperation (or so-called “123”) agreement with Saudi Arabia as a part of a Saudi-Israeli normalization “mega-deal” includes a commitment to forego enrichment and reprocessing of nuclear material, also known as the gold standard. Senator Markey also urged that before the United States enters into any 123 agreement with Saudi Arabia, it must implement the International Atomic Energy Agency’s (IAEA) Additional Protocol, which would apply nuclear safeguards that include monitoring, inspection, and other activities to verify that nuclear activities remain peaceful and detect and deter their diversion, including to weapons related purposes. Crown Prince Mohammed bin Salman previously has stated publicly that Saudi Arabia would seek to acquire nuclear weapons if Iran were to “develop” a nuclear bomb. The path towards Middle East peace should not include the prospect of a nuclear-armed Saudi Arabia, which would undermine the interests of the U.S., allies, and partners across the region.

In the letter, Senator Markey wrote, “Although I strongly support and would eagerly welcome a rapprochement between Israel and its Arab neighbors, including a two-state solution, I have deep concerns about the reported military and nuclear contours of a U.S.-Saudi deal. I fear that Saudi Arabia — a nation with a terrible human rights record — cannot be trusted to use its civil nuclear energy program solely for peaceful purposes and will instead enrich uranium and seek to develop nuclear weapons.

Senator Markey continued, “It would be irresponsible, in the face of Saudi Arabia’s open nuclear intentions, for the United States to reach a civil nuclear cooperation (or so-called “123”) agreement with Saudi Arabia that lacks a formal Saudi government commitment to forego enrichment and reprocessing of nuclear material…A standard 123 agreement that provides the Kingdom with the ability to enrich uranium domestically could fray the existing global arms control regime, exacerbate tensions across the Middle East, and reduce U.S. leverage over the Kingdom to improve its human rights record.”

In their letter, the lawmakers requested that the Biden administration respond to questions that include:
* What is the status of negotiations towards diplomatic normalization between Saudi Arabia and Israel?
* Given Saudi officials’ public statements of their government’s desire to obtain a nuclear weapon, is your Administration seeking a 123 Agreement with “gold-standard” protections?
* What U.S. defense guarantees or commitments are being offered in exchange for normalization of diplomatic relations with Israel?
* Is improvement of Saudi Arabia’s human rights record an element of the negotiations? Will any agreement include provisions that address and seek to improve upon Saudi Arabia’s human rights and civil liberties practices?
* Will any agreement include guardrails to ensure that the U.S. defense guarantees and any provision of technology do not in any way contribute to Saudi Arabia’s human rights violations?

In April 2021, Senator Markey reintroduced his Stopping Activities Underpinning Development in Weapons of Mass Destruction (SAUDI WMD) Act, which would impose sanctions on entities that have engaged in trade with Saudi Arabia related to ballistic missiles and terminate U.S. arms exports to the Kingdom if it were to construct a uranium enrichment or reprocessing facility or if it fails to adopt the IAEA Additional Protocol. https://www.markey.senate.gov/news/press-releases/senators-markey-and-merkley-representatives-castro-and-lieu-reintroduce-legislation-to-stop-saudi-arabia-from-acquiring-the-building-blocks-for-nuclear-weapons

In November 2019, Senator Markey led Senators Jeff Merkley (D-Ore.), Tim Kaine (D-Va.), and Chris Van Hollen in calling for Congressional oversight of any 123 negotiations between the Trump administration and Saudi Arabia. https://www.markey.senate.gov/news/press-releases/senators-markey-merkley-kaine-and-van-hollen-seek-answers-on-saudi-nuclear-cooperation-from-secretary-of-energy-nominee-brouillette In September 2019, Senator Markey and Merkley urged the Trump administration to halt civil nuclear cooperation negotiations with Saudi Arabia. https://www.markey.senate.gov/news/press-releases/senators-markey-and-merkley-warn-trump-against-dangerous-nuclear-cooperation-deal-with-saudi-arabia In June 2019, Senator Markey blasted the Trump administration’s secret nuclear cooperation with Saudi Arabia. https://www.markey.senate.gov/news/press-releases/senator-markey-lambasts-trump-administrations-secret-nuclear-cooperation-with-saudi-arabia In February 2019, Senator Markey began requesting information on any 810 authorizations to Saudi Arabia in a letter to the Trump administration. https://www.markey.senate.gov/news/press-releases/senator-markey-requests-information-from-trump-administration-on-saudi-nuclear-agreement-negotiations ###” https://www.markey.senate.gov/news/press-releases/sen-markey-seeks-answers-on-nuclear-cooperation-with-saudi-arabia-calls-for-congressional-oversight-of-any-123-negotiations

“May 1, 2024
The Honorable Joseph R. Biden, Jr.
President of the United States
The White House
1600 Pennsylvania Avenue, NW Washington, DC 25000

Dear President Biden,

According to news reports, your Administration has been pursuing an agreement that would normalize relations between the Kingdom of Saudi Arabia and Israel in exchange for a U.S.-Saudi defense treaty, our support for Saudi Arabia’s civil nuclear energy program, and progress towards a Palestinian state. Although I strongly support and would eagerly welcome a rapprochement between Israel and its Arab neighbors, including a two-state solution, I have deep concerns about the reported military and nuclear contours of a U.S.-Saudi deal. I fear that Saudi Arabia — a nation with a terrible human rights record — cannot be trusted to use its civil nuclear energy program solely for peaceful purposes and will instead enrich uranium and seek to develop nuclear weapons. I urge your Administration to ensure that the path towards Middle East peace holds Saudi Arabia accountable for its appalling human rights practices and constrains its ability to become a nuclear power.

Before Hamas’s October 7, 2023 attack on Israel and the ensuing war in Gaza, the United States was reported to have been brokering a historic peace agreement between Israel and the Kingdom.1 Described as a “mega-deal,” the normalization of Israeli-Saudi relations would have involved “upgrading U.S.-Saudi relations with a defense treaty that includes U.S. security guarantees and a deal on a civil nuclear energy program on Saudi soil.”2 More recently, the talks reportedly have also included as a key element “moving forward toward the establishment of a Palestinian state.”3 According to reports, the United States is “in the final stages of negotiating” such a package.4

Saudi Arabia’s public flirtation with becoming a nuclear-armed state, however, strongly militates against an agreement that includes defense guarantees and support for its civil nuclear energy program. In 2018, Saudi Crown Prince Mohammad bin Salman vowed that “if Iran developed a nuclear bomb, we will follow suit as soon as possible.”5 More recently, in 2023, the

President Joseph R. Biden, Jr. May 1, 2024 Page 2

Crown Prince reiterated that threat, stating that if Iran acquires a nuclear weapon, “we have to get one.”6 The Kingdom has received assistance from the People’s Republic of China — outside international safeguards — in mastering the early stages of the nuclear-fuel cycle. And according to public reports, the “U.S. government has obtained intelligence that Saudi Arabia has significantly escalated its ballistic missile program with the help of China,” which “could mark another step in potential Saudi efforts to one day deliver a nuclear warhead were it ever to obtain one.”7 It is therefore not surprising to hear an Israeli security expert describe Saudi Arabia’s “nuclear appetite” as “very big” and “quite dangerous.”8

It would be irresponsible, in the face of Saudi Arabia’s open nuclear intentions, for the United States to reach a civil nuclear cooperation (or so-called “123”) agreement with Saudi Arabia that lacks a formal Saudi government commitment to forego enrichment and reprocessing of nuclear material. That is the “gold standard” for civil nuclear cooperation agreements under Section 123 of the U.S. Atomic Energy Act.9 Although a standard U.S. 123 agreement prohibits a partner country from enriching or reprocessing nuclear material acquired from the United States (without further agreement), that country may do so with technology and nuclear material acquired from other sources.10 The protections of the “gold-standard” would prevent that. Only this highest level of protection will suffice in the face of Saudi Arabia’s intentions to develop fissile material for a nuclear weapon.

A standard 123 agreement that provides the Kingdom with the ability to enrich uranium domestically could fray the existing global arms control regime, exacerbate tensions across the Middle East, and reduce U.S. leverage over the Kingdom to improve its human rights record. Section 123(e) of the Atomic Energy Act of 1954 requires your Administration to keep the Senate Foreign Relations Committee and the House Foreign Affairs Committee “fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation.”11 I respectfully request that you ensure your Administration complies with this statutory directive so that, should a 123 agreement be reached with Saudi

President Joseph R. Biden, Jr. May 1, 2024 Page 3

Arabia, Congress will be best positioned to review it and consider whether to pass a resolution of disapproval, as the Atomic Energy Act authorizes.12

And before the United States enters into any 123 agreement with Saudi Arabia, it must implement the International Atomic Energy Agency’s (IAEA) Additional Protocol. The IAEA’s mission is to prevent the proliferation of nuclear weapons, by “appl[ying] nuclear safeguards — consisting of monitoring, inspection, information analysis, and other activities — to verify that nuclear activities remain peaceful and detect and deter their diversion, including to weapons-related purposes.”13 The Additional Protocol is a powerful tool in the IAEA’s toolkit. It “requires states to provide broader declarations to the Agency about their nuclear programs and nuclear-related activities and expands the access rights of the Agency.”14 Given Saudi Arabia’s stated nuclear ambitions, it must be held to the higher standards of the Additional Protocol before the United States provides it with any assistance for its civil nuclear energy program.

The United States also should not reward a nation with as poor a human rights record as Saudi Arabia with defense guarantees and a civil nuclear energy cooperation agreement.15 The Kingdom’s absolute monarchy restricts nearly all political and civil liberties, relies on the criminalization of dissent, and discriminates against women and members of ethnic and religious minorities. Saudi Arabia also has an established pattern of unlawful and extrajudicial killings, such as the killing of hundreds of Ethiopian displaced persons and asylum seekers at the Yemeni-Saudi border; unlawful airstrikes in its military campaign against the Houthis, which have killed and wounded thousands of civilians; and death penalty executions for nonviolent crimes and peaceful opposition to the monarchy tried in unfair judicial processes.16 Working conditions for the mostly foreign labor force are often exploitative, with laborers vulnerable to harassment, detention, trafficking, and forced labor.17

Saudi Arabia must make substantial progress on human rights, including through the release of political prisoners, before the United States should even consider the kind of agreement it is reportedly negotiating with the Kingdom. And no defense guarantees or 123 agreement with Saudi Arabia should be approved unless and until the Kingdom is truthful and transparent about the death of U.S. journalist Jamal Khashoggi.

President Joseph R. Biden, Jr. May 1, 2024 Page 4

To help me better understand the roles that civil nuclear energy cooperation and defense guarantees could play in any peace agreement involving the United States, Saudi Arabia, and Israel, I respectfully ask that your Administration respond to the following questions in writing by May 15, 2024:

1. What is the status of negotiations towards diplomatic normalization between Saudi Arabia and Israel? Please describe the U.S. involvement, including the roles played by the White House, the Department of State, and the Department of Energy.

2. Given Saudi officials’ public statements of their government’s desire to obtain a nuclear weapon, is your Administration seeking a 123 Agreement with “gold-standard” protections? If not, why not?

3. What U.S. defense guarantees or commitments are being offered in exchange for normalization of diplomatic relations with Israel? Would American troops be required to put their lives on the line to protect the Kingdom? If so, please provide details for each defense guarantee or commitment.

4. Is improvement of Saudi Arabia’s human rights record an element of the negotiations? Will any agreement include provisions that address and seek to improve upon Saudi Arabia’s human rights and civil liberties practices? If so, please outline them. If not, why not?

5. Will any agreement include guardrails to ensure that the U.S. defense guarantees and any provision of technology do not in any way contribute to Saudi Arabia’s human rights violations? If so, please identify any such guardrails. If not, why not?

Thank you in advance for your attention to this important matter.

Sincerely,

Edward J. Markey United States Senator

cc: The Honorable Lloyd J. Austin III

1 Barak Ravid, Blinken tells Bibi Saudis want peace deal, but not without two-state solution, Axios (Jan. 10, 2024), https ://www.axios.com/2024/01/10/saudi-israel-normalization-blinken-netanayhu-gaza . 2 Id. 3 Michael R. Gordon, White House Makes Fresh Push for Historic Deal to Forge Saudi-Israel Ties, Wall St. J. (Apr. 18, 2024), https://www.wsj.com/world/middle-east/white-house-makes-fresh-push-for-historic-deal-to-forge-saudi-israel-ties-68ed3a8c. 4 Id. 5 Warren P. Strobel et. al., Saudi Arabia, With China’s Help, Expand Its Nuclear Program, Wall St. J. (Aug. 4, 2020), https://www.wsj.com/articles/saudi-arabia-with-chinas-help-expands-its-nuclear-program-11596575671; Kelsey Davenport, Saudi Push for Enrichment Raises Concerns, Arms Control Ass’n (Nov. 2023), https://www.armscontrol.org/act/2023-11/news/saudi-push-enrichment-raises-concerns. 6 Kelsey Davenport, Saudi Push for Enrichment Raises Concerns, Arms Control Ass’n (Nov. 2023), https://www.armscontrol.org/act/2023-11/news/saudi-push-enrichment-raises-concerns. 7 Phil Mattingly et al., Exclusive: US intel shows Saudi Arabia escalated its missile program with help from China, CNN (June 5, 2019), https://www.cnn.com/2019/06/05/politics/us-intelligence-saudi-arabia-ballistic-missile-china/ index.html. 8 Warren P. Strobel et. al., Saudi Arabia, With China’s Help, Expand Its Nuclear Program, Wall St. J. (Aug. 4, 2020), https://www.wsj.com/articles/saudi-arabia-with-chinas-help-expands-its-nuclear-program-11596575671 . 9 123 Agreements for Peaceful Cooperation, Nat’l Nuclear Security Admin., https://www.energy.gov/nnsa/123-agreements-peaceful-cooperation (last updated Feb. 20, 2024); 123 Agreements Fact Sheet, U.S. Dept. of State, https://www.state.gov/fact-sheets-bureau-of-international-security-and-nonproliferation/123-agreements/ (Dec. 6, 2022). 10 The U.S. Atomic Energy Act Section 123 At a Glance, U.S. Arms Control Ass’n, https://www.armscontrol.org/factsheets/AEASection123 (last visited Apr. 18, 2024). 11 Atomic Energy Act of 1954, 42 U.S.C. § 2153(e), https://www.energy.gov/sites/prod/files/2017/10/f38/Atomic %20Energy%20Act%20of%201954%20%28AEA%29%20in%20U.S.C..pdf.
12 Id. § 2152(d). 13 The International Atomic Energy Agency, U.S. Dep’t of State, https://www.state.gov/iaea/ (last visited Apr. 18, 2024). 14 Id. 15 2022 Country Reports on Human Rights Practices: Saudi Arabia, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/saudi-arabia/ (last visited Apr. 18, 2024). 16 Id. 17 Freedom in the World 2023: Saudi Arabia, Freedom House, https://freedomhouse.org/country/saudi-arabia/freedom-world/2023 (last visited Apr. 18, 2024); 2022 Country Reports on Human Rights Practices: Saudi Arabia, U.S. Dep’t of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/saudi-arabia/ (last visited Apr. 18, 2024 ); Saudi Arabia: Events of 2023, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/saudi-arabia (last visited Apr. 18, 2024).” https://www.markey.senate.gov/download/saudi-arabia-israel-normalization-deal-and-civil-nuclear-cooperation-oversight-letter-copy

“LIVE UPDATE FROM THE LIVEBLOG OF WEDNESDAY, MAY 1, 2024
Saudis said looking at ‘Plan B’ defense pact with US without Israel normalization” https://web.archive.org/web/20240501143434/https://www.timesofisrael.com/liveblog_entry/saudis-said-looking-at-plan-b-defense-pact-with-us-without-israel-normalization/

In “Saudis push for ‘plan B’ that excludes Israel from key deal with US: Riyadh seeks more modest agreement with Washington in absence of Gaza ceasefire and Netanyahu resistance to Palestinian state”, 1 May 2024, By Julian Borger, The Guardian reports that Saudi Arabia is pushing a “plan B”: “Under that option, the US and Saudi Arabia would sign agreements on a bilateral defence pact, US help in the building of a Saudi civil nuclear energy industry, and high-level sharing in the field of artificial intelligence and other emerging technologies.” While an “offer would be made to Israel of normalisation of diplomatic relations” with Saudi Arabia in return for Israel’s accepting the so-called “two state solution”, under Saudi’s plan B idea, the US-Saudi deals won’t be contingent upon Israel. https://web.archive.org/web/20240501112723/https://www.theguardian.com/world/2024/may/01/saudi-us-biden-deal-israel

Who in the White House? Blinken? Blinken is involved in this lousy deal and was involved in the Iran nuclear deal, as well.

“White House Welcomes Chinese-Brokered Saudi-Iran Deal”
March 10, 2023 8:51 PM By Patsy Widakuswara https://www.voanews.com/a/white-house-welcomes-chinese-brokered-saudi-iran-deal/6999700.html