SLOVENIA: PORTALS IMPLEMENTING AGREEMENT ENTERS

UNCLAS LJUBLJANA 000407

SIPDIS


SENSITIVE

DEPT FOR EUR/NCE, NP, L/T

E.O. 12958: N/A
TAGS: ENRG ETTC KNNP MNUC PARM PREL KTIA SI
SUBJECT: SLOVENIA: PORTALS IMPLEMENTING AGREEMENT ENTERS
INTO FORCE

REF: SECSTATE 060518


1. (U) The Department of Energy's Second Line of Defense
Portals Implementing Agreement (the "Agreement") between the
U.S. and Slovenia entered into force on May 23, 2005. The
Agreement (full text in para 3, below) was signed by both
parties on April 4, 2005. The U.S. diplomatic note (see
reftel) indicating completion of procedures for entry into
force of the Agreement was delivered on April 5, 2005. The
Slovenian note (full text in para 4, below),dated May 23,
2005, was delivered to the Embassy on May 25, 2005. A
second U.S. diplomatic note (full text in para 5, below) was
delivered to the Slovenian MFA on May 25, 2005, in response
to its May 23 note. As requested in reftel, the original
Agreement, the original Slovenian note, and copies of the
two U.S. notes are being sent to L/T to the attention of
Michelle Cannon.


2. (SBU) DOE-led teams have begun to make trips to Slovenia
to arrange for delivery and installation of the portals
under the Agreement. On June 3, MFA North America
Department Head Vojislav Suc told DCM and Pol-Miloff that
the EC had notified Slovenia that it would require more than
two months to evaluate the Agreement. Suc stressed that
Slovenia intended to move forward with the installation of
the portals despite the EC communication. Slovenia had
notified the EC in April 2005 that it had signed the
Agreement with the U.S.


3. (U) Text of the Agreement:

AGREEMENT BETWEEN THE DEPARTMENT OF ENERGY OF THE UNITED
STATES OF AMERICA AND THE MINISTRY OF FINANCE OF THE
REPUBLIC OF SLOVENIA FOR COOPERATION IN THE PREVENTION OF
ILLICIT TRAFFICKING IN NUCLEAR AND OTHER RADIOACTIVE
MATERIALS

The Department of Energy of the United States of America
(DOE) and the Ministry of Finance of the Republic of
Slovenia (MOF),hereinafter referred to as the "Parties";

Desiring to implement the Agreement between the United
States of America and the Republic of Slovenia Concerning
Cooperation in the Prevention of the Proliferation of
Weapons of Mass Destruction of June 21, 1999, as amended,
which entered into force June 26, 2000 (hereinafter referred
to as the "Non-Proliferation Agreement");

Desiring to cooperate to prevent the illicit trafficking in
nuclear and other radioactive materials through technical
and methodological cooperation, including the improvement of
systems for the detection and identification of these
materials at the Port of Koper and other Republic of
Slovenia points of entry/exit as the Parties mutually
determine; and

Having regard to the obligations of the Republic of Slovenia
deriving from its membership in the European Community and
the European Atomic Energy Community;

Have agreed as follows:

Article 1


1. This Agreement and all activities undertaken in
accordance with this Agreement shall be subject to and
governed by the provisions of the Non-Proliferation
Agreement. Except as expressly stated herein, in the event
of any inconsistency between this Agreement and the Non-
Proliferation Agreement, the provisions of the Non-
Proliferation Agreement shall prevail.


2. This Agreement shall be implemented by each Party
consistent with the domestic laws of that Party's State and
with international agreements to which that Party's State is
a party and other international law to the extent
applicable.

Article 2


1. The DOE, through its National Nuclear Security
Administration, may provide the MOF, through its Customs
Administration (CA),technical assistance in the form of
equipment, materials, training and services for CA's use at
the Port of Koper and other Republic of Slovenia points of
entry/exit as the Parties mutually determine, for the
purpose of detecting and interdicting illicit trafficking in
special nuclear material and other radioactive material


which is entering or exiting the territory of the Republic
of Slovenia.

For purposes of this Agreement, "special nuclear material"
means plutonium, and uranium enriched to levels of 20% or
higher in the isotope U-235. "Other radioactive materials"
include, but are not limited to, radioactive sources
suitable for use in radiological dispersal devices.


2. DOE's technical assistance, rendered to the CA, may
include:

a. Delivery and installation at the Port of Koper and
other Republic of Slovenia points of entry/exit as the
Parties mutually determine, of equipment adapted as
appropriate for customs control conditions (including
testing, setup and demonstration of the equipment);

b. Delivery of spare parts kits, test equipment and other
maintenance equipment to maintain the DOE-provided
equipment;

c. Training of CA personnel and other appropriate
personnel in detection of special nuclear material and other
radioactive materials and in the proper use and maintenance
of the equipment provided by DOE;

d. Additional areas of cooperation as may be agreed by the
Parties in writing.


3. By mutual agreement of both Parties, technical
workshops, consultations, site surveys and acceptance
testing of materials and installed equipment may be
conducted. By agreement of the Parties, joint working
groups of technical experts may be formed to exchange
technical information and to make proposals on technical and
training matters related to the effective implementation of
this Agreement.


4. The terms and conditions under which assistance may be
provided under this Agreement shall be set forth in
contracts or other written arrangements between DOE and MOF
or their designated implementing agents. In case of any
inconsistency between these contracts or other written
arrangements and this Agreement, the provisions of this
Agreement shall prevail.


5. The MOF or its designated implementing agents shall
coordinate with other appropriate Republic of Slovenia
government agencies and organizations to ensure that
equipment, materials, services and training provided to the
MOF under this Agreement are afforded priority processing to
allow prompt engineering approvals and equipment and
materials deliveries to their ultimate destination within
the Republic of Slovenia.


6. The MOF shall facilitate the inspection, by appropriate
Republic of Slovenia ministries and other government
agencies, of all equipment and materials received under this
Agreement, and submit to DOE, within 10 days of receipt,
written confirmation of the acceptability of such equipment
and materials, and that they conform to the specifications
made available in advance to the MOF. The MOF shall also
confirm the arrival of such equipment and materials at their
agreed destinations. The terms and conditions for repair or
replacement of non-complying equipment or materials will be
set forth in the contracts or other written arrangements
under which equipment and materials are provided under this
Agreement.

Article 3


1. Each Party may, following written notification to the
other Party, delegate responsibilities for the
implementation of this Agreement to other government
agencies, departments or units of its respective Government.


2. Each Party may, following written notification to the
other Party, designate technical liaison representatives for
equipment, materials, training and services provided
pursuant to this Agreement.

Article 4

The MOF, through the CA, shall furnish the Bureau of Customs
and Border Protection of the United States of America with
data on any detections or seizures of unauthorized special
nuclear material and other radioactive materials that are in

breach of customs legislation, in accordance with the
provisions of the Agreement between the United States of
America and the European Community on Customs Cooperation
and Mutual Assistance in Customs Matters of 28 May 1997 as
amended.

Article 5

The Parties understand that any taxes or duties on
equipment, materials, training or services provided by the
DOE under this Agreement are to be paid by the Republic of
Slovenia.

Article 6

All questions regarding the interpretation or application of
this Agreement shall be resolved by means of consultations
between the Parties.

Article 7


1. This Agreement shall be applied provisionally from the
date of signature, and shall enter into force when the
Parties' Governments notify each other in writing that all
applicable procedures required for entry into force have
been fulfilled.


2. This Agreement shall remain in force for the duration of
the Non-Proliferation Agreement. The Agreement may be
amended by written agreement of the Parties and may be
terminated by either Party upon written notification to the
other Party 90 days prior to its intention to do so.

DONE at Ljubljana this 4th day of April, 2005, in duplicate
in the English language.


/s/ Thomas B. Robertson /s/ Andrej Bajuk
FOR THE DEPARTMENT OF ENERGY FOR THE MINISTRY OF FINANCE
OF THE UNITED STATES OF OF THE REPUBLIC OF SLOVENIA:
AMERICA:


4. (U) On April 5, 2005, Embassy delivered reftel
diplomatic note (No. 04-2005, dated April 4, 2005) to the
Slovenian MFA, indicating that the USG had completed all
necessary procedures prior to the Agreement's entry-into-
force. MFA replied on 23 May 2005 with the following note:

Republic of Slovenia
Ministry of Foreign Affairs

No. ZMP-223/2002

The Ministry of Foreign Affairs of the Republic of Slovenia
presents its compliments to the Embassy of the United States
of America in Ljubljana and has the honour to communicate
that the legal requirements for the entry into force of the
Agreement between the Ministry of Finance of the Republic of
Slovenia and the Department of Energy of the United States
of America for Cooperation in the Prevention of Illicit
Trafficking in Nuclear and Other Radioactive Materials, done
at Ljubljana on 4 April 2005 have been fulfilled.

In accordance with Article 7, paragraph 1 of the Agreement,
the Agreement will enter into force when the Parties'
Governments notify each other in writing that all applicable
procedures required for entry into force have been
fulfilled. The Ministry would therefore highly appreciate
the confirmation of the receipt of this Note and the
notification of fulfillment of applicable procedures
required on the side of the United States of America.

The Ministry of Foreign Affairs of the Republic of Slovenia
avails itself of this opportunity to renew to the Embassy of
the United States of America in Ljubljana the assurances of
its highest consideration.

Ljubljana, 23 May 2005


5. (U) Embassy responded to the Slovenian note on May 25,
2005, with the following note:

No. 08-2005

The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs of the
Republic of Slovenia and has the honor to refer to the Note
dated May 23, 2005, from the Ministry of Foreign Affairs


(No. ZMP-223/2002) regarding entry into force of the
Agreement between the Department of Energy of the United
States of America and the Ministry of Finance of the
Republic of Slovenia for Cooperation in the Prevention of
Illicit Trafficking in Nuclear and Other Radioactive
Materials dated April 4, 2005 (the "Agreement").

The Embassy has received the aforementioned Note. In
accordance with Article 7, paragraph 1 of the Agreement, the
Embassy already informed the Ministry of Foreign Affairs
that the Department of Energy had fulfilled all applicable
procedures for entry into force of the Agreement via
Diplomatic Note (No. 04-2005) dated April 4, 2005.

The Embassy of the United States of America avails itself of
this opportunity to renew to the Ministry of Foreign Affairs
the assurances of its highest consideration.

Embassy of the United States of America,
Ljubljana, May 25, 2005.

ROBERTSON


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2005LJUBLJ00407 - Classification: UNCLASSIFIED



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