YEMEN: IAEA DRAFT RESOLUTION AND YEMEN-DEPT ENERGY

C O N F I D E N T I A L SECTION 01 OF 05 SANAA 002142

SIPDIS

E.O. 12958: DECL: 08/26/2013
TAGS: TRGY TPHY PTER AORC YM IAEA COUNTER TERRORISM ENERGY
SUBJECT: YEMEN: IAEA DRAFT RESOLUTION AND YEMEN-DEPT ENERGY
MOU

REF: A. CATO E-MAILS

B. STATE 222302

C. STATE 201986

D. SANAA 1350

E. SANAA 1453

Classified By: Charge Alan Misenheimer for reasons 1.5(b,d).


1. (u) This is an action request -- see para 3.


2. (c) Dr. Moustafa Bahran, Chairman of the Yemen National
Atomic Energy Commission (NATEC),requests U.S. assistance in
delivering Yemen's draft resolution for the September 2003
IAEA General Assembly to appropriate USG officials. Bahran
specifically listed (text para 4) a number of officials he
met during NATEC's July 2003 consultations in Washington (ref
b).


3. (c) Action requested: Post appreciates NP/MNA's
assistance in coordinating and reporting on NATEC's recent
visit to Washington, DC. As noted in reftel a, post
appreciates MNA's assistance in forwarding both the IAEA
draft resolution and the draft Yemen-Department of Energy
Memorandum of Understanding to all interested parties,
including those listed in Bahran's letter to Ambassador Hull
(para 4). POC for this request is Willeah Cato -- class
e-mail: catowe@state.sgov.gov, unclass e-mail:
catowe@state.gov, phone (967) 1 303 - 155, or fax (967) 1 303
- 182. (Note: Please contact Pol/Econ Chief Mary Brett
Rogers between September 3-24, 2003.)


4. (c) Text of Dr. Bahran's request for USG assistance:

(Begin text)

Republic of Yemen
Presidency of the Republic
National Atomic Energy Commission (NATEC)
P.O. Box 4720, Sana'a, Telfax: = 967 1 259460

Confidential

SIPDIS

Mr. Edmund Hull
His Excellency the Ambassador
Embassy of the United States of America
Sana'a

August 20, 2003
No. 1029/1516/2003

Dear Mr. Hull,

Please find enclosed a proposed resolution for the upcoming
IAEA General Conference with a cover letter. Please forward
immediately to the following persons:

1 - Mr. John Bolton - Under Secretary for Arms Control and
Nuclear Nonproliferation - Department of State
2 - Mr. Andrew Semmel - Deputy Assistant Secretary for
Nuclear Nonproliferation - Department of State
2 - Mr. Richard Straford - Director, Nuclear Energy Affairs -
Department of State
4 - Mr. Ron Burrows - Office of Senior Coordinator for
Nuclear Safety - Department of State
5 - Mr. Ambassador Linto Brooks - Administrator, National
Nuclear Security Administration - Department of Energy
6 - Mr. David Huizenga - Assistant Deputy Administrator,
National Nuclear Security Administration - Department of
Energy
7 - Mr. Gary Tittemore - Director, National Nuclear Security
Administration - Department of Energy
8 - Mr. Martin Virgilio - Director, Office of Nuclear
Material Safety and Safeguards - Nuclear Regulatory Commission

The National Atomic Energy Commission avails itself of this
opportunity to renew to the Embassy of the United States of
America in Sana'a the assurance of its highest consideration.
Thank you and please accept our best regards.

Yours sincerely,

Dr. Moustafa Bahran
Science and Technology Advisor to the President
Chairman - National Atomic Energy Commission

(End text)


5. (sbu) Text of NATEC's open letter and the Yemen draft
resolution:


I. (Begin text: NATEC Open Letter)

Dear Colleagues,

Please find enclosed the first draft of our proposed
resolution for the 47 general session of the General
Conference of the IAEA under the agenda item 15: Nuclear
Security/ Measures to Protect Against Nuclear Terrorism, for
your consideration.
It has been structured in a way to reflect the agreement in
principle that we have obtained in Paris, Washington and
London which is basically to disentangle radioactive material
from nuclear material (this draft is being sent only to the
three countries at the time being). The resolution consists
of:

A: Illicit Trafficking:
This is taken basically from GC(45)/Res/14/A with some
modifications. It needs to be fine tuned once the Report of
the IAEA DG called for by GC (45)/ Res/14, is published,
which will be this week according to a phone conversation
with the Agency relevant people. We are open to changes on
this part of the proposed resolution.


B. Nuclear Security and CPPNM:
This is taken from GC(45)/Res/14/B and GC(46)/Res/13 with
modifications. It needs to be fine tuned to reflect the
current status regarding the negotiation on the CPPNM, which
we are not fully aware off. Again, we are open to changes
here.


C. Security and Safety of Radioactive Material:
This, we are very well aware off everything going on and we
have put together what we believe is an excellent text that
we would like to keep as is if possible.

We will be waiting for your thoughts. Please communicate
with your representative in Vienna to work with us on this as
we plan to be in Vienna the week before the General
Conference. Thank you for your cooperation and look forward
to hearing from you.

(End text: NATEC Open Letter)


II. (Begin text: Yemen IAEA Draft Resolution)

NATEC/GC(47)/Res-draft1

NUCLEAR SECURITY - PROGRESS ON MEASURES TO PROTECT AGAINST
NUCLEAR TERRORISM


A. MEASURES AGAINST ILLICIT TRAFFICKING IN NUCLEAR AND
RADIOACTIVE MATERIALS

The General Conference,
(a) Recalling its resolutions GC (XXXVIII)/RES/15, GC
(39)/RES/18, GC (40)/RES/17, GC(41)/RES/17, GC(42)/RES/18,
GC(43)/RES/18, GC (44)/RES/20 and GC (45)/RES/14 on measures
against illicit trafficking in nuclear materials and other
radioactive materials and GC (46)/RES/13 on measures to
improve nuclear security and protection against nuclear
terrorism,
(b) Noting the programme for preventing and combating
illicit trafficking in nuclear materials agreed upon by the
participants in the Moscow Nuclear Summit of April 1996
contained in document INFCIRC/509,
(c) Welcoming the confirmation of participants at the Denver
Summit of June 1997 on their commitment to implement the
"Programme for Prevention and Combating Illicit Trafficking
in Nuclear Materials",
(d) Noting that revised Recommendations for the Physical
Protection of Nuclear Materials and Nuclear Facilities
(INFCIRC/225/Rev. 4 (Corrected)) were issued after intensive
consultations by Member States' and Agency experts and that
some Member States have started to implement them on a
voluntary basis,
(e) Noting also the contribution of Agency safeguards
agreements and additional protocols in preventing illicit
trafficking, deterring and detecting diversion of nuclear
materials,
(f) Noting with appreciation that the Agency, in
co-operation with the World Customs Organization, the
International Criminal Police Organization (Interpol) and
Europol, organized the International Conference on Security
of Materials - Measures to Prevent, Intercept and Respond to
Illicit Uses of Nuclear Material and Radioactive Sources, in
Stockholm, Sweden, in May 2001, the results of which provided
important input to the further development of the Agency's
plan of activities in this field, and
(g) Noting further that the UN General Assembly (UNGA) is
continuing its elaboration of an international convention on
the suppression of acts of nuclear terrorism (UNGA resolution
51/210 of 17 December 1996),


1. Takes note of the progress report submitted by DG in
document,...; (This has not appeared yet!)

2. Welcomes the ongoing activities in the fields of
prevention, detection and response undertaken by the
Secretariat in support of efforts against illicit trafficking;

SIPDIS

3. Also welcomes the activities undertaken to provide for an
exchange of information with Member States, including
continued maintenance of the illicit trafficking database
programme, as well as to improve the exchange of information
by making the best use of the modernized database;

4. Invites all States to participate in the illicit
trafficking database programme,

5. Appeals to States that have not yet done so to accede to
the Convention on the Physical Protection of Nuclear
Material, and also appeals to States to apply relevant
physical protection recommendations and introduce and enforce
appropriate measures and legislation to combat illicit
trafficking in nuclear materials and radioactive materials;

6. Invites Member States to consider installing boarder
monitoring equipment to detect possible illicit trafficking
activities;

7. Invites the Director General to continue to develop, in
consultation and co-ordination with Member States and within
available resources, the plan in document GC (45)/20
describing the future activities to be undertaken in these
areas and the time schedule for their implementation and
(Here, we are not aware o any further development by the
Director General)

8. Requests the Director General to submit a report to the
General Conference at its forty-ninth session on activities
undertaken by the Agency in the intervening period.


B. THE PHYSICAL PROTECTION AND SECURITY OF NUCLEAR MATERIALS
AND NUCLEAR FACILITIES

The General Conference,

(a) Noting the importance of physical protection in
preventing the unauthorized removal of nuclear materials and
the sabotage of nuclear facilities and unclear materials by
individuals or groups,
(b) Reaffirming the importance of the convention on the
Physical Protection of Nuclear Materials, as the only
multilateral legal instrument dealing with the physical
protection of nuclear materials,
(c) Recognizing the importance of promoting an effective
security culture in the field of physical protection of
nuclear materials and nuclear facilities,
(d) Considering the need to continue to devote attention to
the potential implications of terrorist acts for the physical
protection of nuclear materials and nuclear facilities,
(e) Noting also that responsibility for the design,
implementation and regulation of a system of physical
protection within a State rests entirely with that State,
(f) Welcoming the Agency's programmes of training, guidance
and technical assistance, which assists States in
establishing systems of physical protection appropriate to
their circumstances,
(g) Noting the revision of document INFCIRC/225 and of its
associated guidance documents,
(h) Taking note of the progress report submitted by the
Secretariat in document GC (45)/20

SIPDIS
(i) Recalling resolution GC(45)/RES/14 on the Physical
Protection of Nuclear Materials and Nuclear Facilities,
(j) Recalling the Director General's initial and refined
proposals for new and enhanced activities to prevent nuclear
terrorism, contained in document GOV/2001/50 and GOV/2002/10
respectively,
(k) Emphasizing that any decision on the amendment to the
Convention on the Physical Protection of Nuclear Materials
should encourage Member States to become parties to the
Convention, and
(l) Recognizing the endorsement by the Board of Governors of
the Physical Protection Objectives and Fundamental Principles
referred to in document GC(45)INF/14,


1. Commends the Director General and the Secretariat for
their prompt and construction response to resolutions
relevant to the improvement of nuclear security and
protection against nuclear terrorism;

2. Takes note of the progress report GC(46)/14 on nuclear
security and measures to protect against nuclear terrorism;

3. Encourages States to apply the Fundamental Principles in
designing, implementing and regulating their national systems
for the physical protection of nuclear materials an nuclear
facilities used for peaceful purposes;

4. Welcomes the activities in the physical protection of
nuclear materials and facilities by the Agency to improve
nuclear security and prevent nuclear terrorism;

5. Appeals to all States that have not yet done so to accede
to the Convention on the Physical Protection of Nuclear
Materials and encourages States to apply the physical
protection objectives and fundamental principles endorsed by
the Board of Governors and set out in document GOV/2001/41;

6. Continues to Notes with concern the lack of progress of
the work of the Open-Ended group of legal and technical
experts convened by the Director General in order to prepare
a draft of a well-defined amendment aimed at strengthening
the Convention on the Physical Protection of Nuclear
Materials, and calls for the early finalization of the
negotiations on such amendment;

7. Requests the Director General to review thoroughly the
activities and programmes of the Agency with a view to
strengthening the Agency work relevant to prevent acts of
terrorism involving nuclear materials, and urges all Member
States to co-operate fully with the Director General and to
support the Agency's efforts in this regard; and

8. Requests the Director General to submit a report to the
General Conference at its forty eighth session on activities
regarding these issues undertakes by the Agency.


C. MEASURES TO STRENGTHEN THE SECURITY AND SAFETY OF
RADIOACTIVE MATERIALS
The General Conference,

(a) Recalling resolution GC (46) / RES/13 on measures to
improve nuclear security and protection against nuclear
terrorism,
(b) Recalling resolution GC (45) / RES/14 on measures to
improve the security of nuclear materials and other
radioactive materials,
(c) Emphasizing the importance of security of radioactive
materials and national control systems for ensuring
protection against the use of radioactive sources as elements
of terror,
(d) Recognizing the importance of promoting an effective
security culture in the Radiation Protection Programs in
Member States through the integration of security and safety
within the International Framework of Radiation Protection
Infrastructure,
(e) Recognizing that strengthening security of radiation
sources helps the cause of radiation safety, and recognizing
further that safety and security go hand in hand,
(f) Concerned by risks to human lives and the environment
resulting from orphan sources and the increase of incidents
and accidents involving such sources,
(g) Mindful, that responsibility for the radioactive sources
security and safety within a State rests entirely with that
State, and noting the important contribution of
international co-operation in supporting the efforts of
States to fulfill their responsibilities,
(h) Mindful that every Member State might face the threat of
radiological terrorism and would bear serious consequences if
any were attacked,
(i) Noting United Nations Security Council resolution 1373's
call for all States to work, particularly through bilateral
and multilateral arrangements, to prevent acts of terrorism,
(j) Recognizing the threat - based risk assessment
methodology for radioactive sources, to assist States wishing
to implement the guidance given in document "Security of
Radioactive Sources" (TECDUC-1355),
(k) Recognizing the initiation by the secretariat, the
project to develop a universal system of labeling for high
activity sources including obtaining an agreement with ISO
for this project,
(l) Recognizes the excellent progress that has taken place
in many Member States in upgrading radiation protection
infrastructure and recognizes further the excellent role of
the Agency relevant model projects in such progress.
(m) Recognizing the findings of the international conference
on Measures to Prevent, Intercept and Respond to Illicit Uses
of Nuclear Materials and Radioactive Sources, Vienna, March
2003, and recognizing the findings of the international
conference on National Infrastructure for Radiation Safety,
Rabat, Sept. 2003, and
(n) Stressing the importance of ensuring the confidentiality
of information relevant to radioactive sources security that
might be of interest to terrorists,


1. Commends the Director General and the Secretariat for
their prompt and constructive response to General Conference
resolutions relevant to the improvement of the security and
safety of radioactive materials, in particular, commends both
the Action Plan for the Safety and Security of Radioactive
Sources contained in document GOV/2003/47, and the Code of
Conduct on the Safety and Security of Radioactive Source
contained in document GOV/2003/49;

2. Calls upon all Member States to continue to provide
political, financial and technical support, including in-kind
contributions, to improve radioactive sources security and
safety and prevent radiological terrorism, and to insure the
safety of people and the environment;

3. Welcomes the Agency's programmes and continued efforts to
assist States in establishing and strengthening systems of
radiation protection appropriate to their circumstances,
which include national registries of radioactive sources, and
in particular commends the Secretariat for the action it has
taken in a number of countries, in co-operation with Member
States, to locate, source and remove orphan sources;

4. Urges the Agency to continue and strengthen its work that
has taken place in upgrading Radiation Protection
Infrastructure in Member States through the relevant Model
Projects and also urges the Agency to move forwards with its
project to develop a universal system of labeling of high
risk radioactive sources;

5. Urges Member States to strengthen their national efforts
to secure all radioactive sources within their borders, and
invites Member States to recognize the Code of Conduct on the
Safety and Security of Radioactive Sources and to consider
means of ensuring its wide application;

6. Also welcomes the activities undertaken to provide for an
exchange of information with Member States;

7. Invites the Director General to continue to implement, in
consultation and co-ordination with Member States, and
subject to the availability of resources, Agency activities
relevant to sources security and safety and protection
against radiological terrorism; and

8. Requests the Director General to submit a report to the
General Conference at its forty-eighth session on activities
regarding these issues undertaken by the Agency, and to
include an item titled the Safety and Security of Radioactive
Materials in the provisional agenda.

(End texts)


6. (sbu) Text of NATEC's draft memorandum of understanding
between the Republic of Yemen and the U.S. Department of
Energy:

(Begin text)

Memorandum of Understanding Between the National Atomic
Energy Commission of the Republic of Yemen and the United
States of America Department of Energy on Bilateral
Cooperation on Science and Technology, Radiation Protection
and Peaceful applications of Nuclear Technology


The National Atomic Energy Commission of the Republic of
Yemen (hereinafter referred to as "NATEC") and the United
States Department of Energy (hereinafter referred to as
"DOE") agreed to sign this MEMORANDUM OF UNDERSTANDING to
jointly work and collaborate for science-led sustainable
development through optimal use of Science and Technology in
general and peaceful applications of nuclear technology and
radiation protection in particular, the states as under:

1 - NATEC and DOE agree to cooperate for promotion of Science
and Technology in various areas of mutual interest and in
particular cooperate in the following fields:
a. Radiation Protection
b. Radioactive Sources Safety and Security
c. Peaceful applications of nuclear energy

2 - DOE will help NATEC in strengthening its control of
border points and entry ports through Radiation Monitoring to
prevent any illicit trafficking of nuclear or radioactive
materials.

3 - DOE will help in setting a training center, at NATEC,
that will be able to carry out professional training courses
that require accreditation of international organs, in the
area of peaceful applications of nuclear technology and
radiation protection.

4 - DOE will help in seeking admission for Yemeni students in
US Institutions and Universities offering training in the
field of peaceful nuclear technology.

5 - DOE agrees to provide technical know how in setting a Non
Destructive Testing (NDT) center at NATEC.

6 - DOE agrees to provide technical know how in setting a
Secondary Standard Dosemitry Laboratory (SSDL) at NATEC.

7 - NATEC and DOE shall give priorities to each other
requests for experts and shall fasten arrangements for such
missions to take place.

Signed in duplicate at DOE on (blank) 2003 with each side
keeping on a copy.

For NATEC

For DOE

(End text)

MISENHEIMER