TUWAITHA REQUEST LETTER

S E C R E T SECTION 01 OF 02 BAGHDAD 002924 SIPDIS SIPDIS E.O. 12958: DECL: 08/27/2017 TAGS: AORC ECON ENRG IAEA IZ PREL SUBJECT: TUWAITHA REQUEST LETTER Classified By: ECONOMIC MINISTER CHARLES P. RIES FOR REASONS 1.4 (b) an d (d) ¶1. (S) SUMMARY: The Government of Iraq (GoI) was asked to provide to the USG letters requesting assistance in the repackaging and transportation of approximately 550 metric tons of natural uranium (yellow cake) and four high-activity radioactive sources from the Tuwaitha Nuclear Research Complex (TNRC). Post provided to the GoI the needed elements of the request letter. The resulting letters do not match these elements in the following ways: 1) they request a greater level of USG assistance than that discussed with Emboffs; 2) they fail to expressly mention the four high-activity radioactive sources; and 3) they fail to promise indemnification from all potential legal action as requested by the USG. The Prime Minister's Tuwaitha committee is making some progress in finding a purchaser for the yellow cake and is likely to be traveling to Paris and Vienna to meet next week with potential purchasers and the International Atomic Energy Agency (IAEA). END SUMMARY. ¶2. (S). On August 27, 2007, Energy Attache and Econoff met with Ambassador Srood R. Najib, chairman of the Prime Minister's Tuwaitha Nuclear Research Complex (TNRC) committee. Najib delivered to Emboffs two letters requesting USG assistance in packaging and transporting the natural uranium (yellow cake) and four high-activity radioactive sources located at the TNRC. The first letter, signed by the Minister of Science and Technology, is identical to the draft letter provided by Najib in early August. (Note: The English translation of the earlier letter differs somewhat from the English translation of the signed letter provided to Emboffs on August 28, even though the same translator was used on both letters. End Note.) This letter, while expressly mentioning the "nuclear materials stored in site (C)," does not expressly mention the four high-activity radioactive sources, even though Emboffs requested an express reference to the sources. (Note: There are other nuclear materials located at the TNRC that are not part of the USG's offer to repackage and transport out of Iraq. End Note.). In addition, the letter requests a greater level of assistance than the USG is willing to provide. According to the second of the two letters, the GOI is willing to forego any potential cause of action against the USG as long as the cause of action does not arise out of a negligent act. This language differs from the language requested by the USG. ¶3. (S). Najib reported that the French are in more or less daily contact with him and remain interested in purchasing the yellow cake. Najib is attempting to cultivate/leverage this interest in anticipation of an offer from the United Kingdom (UK),whose representatives have not attempted to contact him. (Note: The British First Secretary Economic/Energy in Baghdad is out of the country and unavailable. End Note.). Post requests that contact be made with UK representatives to assess their interest in purchasing the yellow cake, and if appropriate, encourage the UK representatives to demonstrate that interest to Najib. According to Najib, of all the potential purchasers contacted by the GOI, only the French, British and Japanese appear to remain interested. ¶4. (S). Najib and the TNRC committee anticipate traveling to Paris on or about September 3 and then to Vienna to meet with potential purchasers and representatives of the International Atomic Energy Agency (IAEA). Najib has requested that a representative of the USG attend the meeting with the IAEA and that Energy Attache arrange travel to Vienna to be available for consultations. Following these meetings, Najib expects to be in New York and Washington, D.C. for approximately one month tending to his United Nations portfolio. ¶5. (S). Comment: In a conversation with Najib on August 29, Najib indicated a willingness to accept language making the request more accurate and correct the first two flaws, and on August 30, Emboffs delivered new, more accurate language to him. If the more accurate language is not adopted, Post recommends that the correction of the first two flaws mentioned above be accomplished by a clarifying letter from Post, and requests confirmation of this recommendation. Correction of the third flaw is more difficult and may result in protracted legal negotiations, which may in the end, BAGHDAD 00002924 002 OF 002 require higher levels of approval than the Tuwaitha committee possesses. Najib would likely be interested in meeting with officials during his visit to Washington, D.C. In light of the schedule for expeditious movement of the yellow cake and the four high activity sources from the TNRC, and Najib's travel schedule, Post requests guidance on the desire to continue to negotiate the lack of indemnification language in the letters. End Comment. CROCKER