Philippines–US 123 Agreement (2023)

The Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy between the Philippines and the United States — commonly called the “123 Agreement” after Section 123 of the US Atomic Energy Act, which requires such agreements before nuclear cooperation can proceed — was signed in November 2023 in San Francisco, California.

The signing was witnessed by President Ferdinand Marcos Jr. and US Secretary of State Antony Blinken. DOE Secretary Raphael P.M. Lotilla signed on behalf of the Philippines in his capacity as NEP-IAC Chair [PEP 2023-2050 Vol. III, Section A, p.4, 2023].

Significance

The agreement was negotiated in seven months, described as the fastest 123 Agreement negotiations ever completed [PEP 2023-2050 Vol. III, Section A, p.4, 2023].

Once entered into force, it enables:

• Direct transfer of nuclear material, equipment, and components between the Philippines and the US (or through authorized persons from either country)
• Transfer of nuclear energy technology and information for peaceful uses
• Support for potential nuclear power projects using US-origin technology

The agreement covers both power and non-power applications of civilian nuclear energy, including medicine, agriculture, and industry [PEP 2023-2050 Vol. III, Section A, p.4, 2023].

Context

A 123 Agreement is a prerequisite under US law (Atomic Energy Act, Section 123) for any significant nuclear cooperation with a foreign country. Without it, US nuclear vendors, contractors, and technology providers cannot legally transfer technology or materials to the Philippines. The agreement therefore unlocks access to US nuclear technology for the Philippine NEP, including potential SMR vendors.

The Philippines–US 123 Agreement reflects the bilateral strategic relationship at the highest level and positions the Philippines to access US nuclear industry participants as potential partners for the NEP’s 2032 commercial operation target. See Nuclear Energy Program (Philippines) .