CORRECTED COPY - DEPARTMENT OF ENERGY TEAM FINALIZES HEU-LEU

UNCLAS SECTION 01 OF 02 TRIPOLI 001065

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR NEA/MAG, T/VCI (LOOK),ISN/CTR (MACDONALD),COPY TO
SENATOR LUGAR'S OFFICE

E.O. 12958: N/A
TAGS: PREL TRGY KNNP IAEA PINR TSPL TPHY TNGD MCAP
ETTC, LY
SUBJECT: CORRECTED COPY - DEPARTMENT OF ENERGY TEAM FINALIZES HEU-LEU
AGREEMENT LANGUAGE WITH GOL


1. (SBU) Summary: A visiting team of experts from the Department
of Energy (DOE) finalized language for a
government-to-government agreement providing for the return of
highly-enriched uranium to Russia under the rubric of the
tri-lateral agreement (TSCC) announced December 19, 2003 with
the U.S., U.K. and Libya. The agreement also envisages
cooperation in improving physical security at Libya's
experimental Tajoura reactor facility and other sites, to
include hospitals with radiological equipment and material. The
two sides initialed English-language versions of the agreement;
the GOL and the Department's Language Services staff are
currently working to finalize Arabic language that conforms with
the agreed English iteration. It is expected that a senior USG
official will sign the agreement in conjunction with putative
travel to Libya early next year. End summary.


2. (SBU) A team from the DOE's Office of Global Threat Reduction
traveled to Libya December 9-12 to meet with Libyan science
community counterparts to finalize language for a
Highly-Enriched Uranium/Low-Enriched Uranium (HEU-LEU)
agreement. The delegation, consisting of Kelly Cummins
(Delegation Head),Phil Robinson (Country Officer),Diana Clarke
(General Counsel),Igor Bolshinsky (Technical Lead) and Stan
Moses (Technical Staff) met with Dr. Abdelkarem Mgeg, Director
of the Tajoura Renewable Energies and Water Desalination
Research Center, to resolve issues and finalize language for a
related to a government-to-government agreement between the U.S.
and GOL. The agreement would facilitate the return to Russia of
26 fuel assemblies comprising approximately 4.6 kilograms of HEU
material. (Note: Technical Lead Bolshinsky confirmed December 9
that all HE material was still physically present at the Tajoura
facility. End note.) The agreement would complete the process
begun in March 2004, when the GOL returned to Russia 15
kilograms of HEU material.


3. (SBU) It is envisaged that the material would be transferred
to Russia by air circa late 2009. In addition to fuel return,
the agreement includes language detailing cooperation on nuclear
and radiological security enhancements at the Tajoura site and
other facilities in Libya, to include four hospitals in
Benghazi, Sabratha and Tripoli (two facilities). Implementing
additional security measures as the Tajoura site could occur
12-24 months after the agreement is signed;
radiological/security upgrades at the hospitals could be made
within several months of signing.


4. (SBU) Discussion on day one of the talks, which took place at
the Tajoura facility, focused on resolving issues associated
with the agreement. GOL officials initially expressed some
concern that the agreement included language regarding
enhancement of physical protection measures; however, a closer
reading and explanation by the DOE's experts convinced them that
the language was anodyne. Consensus was also achieved on
language concerning audit and inspection protocols. DOE
delegation head Cummins and Director Mgeg initialed the draft
agreement to signal consensus on the language.


5. (SBU) Day two focused on finalizing language for a Basic
Ordering Agreement (BOA) contract between the Oak Ridge National
Laboratory and the Tajoura facility. After minor changes to the
scope of the work at the GOL's request, the two sides achieved
consensus on final language.


6. (SBU) The GOL agreed to provide an Arabic language
translation of the agreement and the BOA; however, given
concerns about how quickly the GOL would honor that commitment,
post understands that NEA/MAG has asked Language Services to
prepare treaty-ready translations. The GOL stressed that the
agreement would have to be approved by the relevant ministries
before it could be signed. (Note: It may also have to be blessed
by the General People's Congress. End note.) Libyan
interlocutors were optimistic that the agreement could be
finalized on their side in time for a visit by a senior State
Department official in early 2008. Following the negotiations,
the DOE team learned that Dr. Ali Gashut, the senior Libyan
interlocutor on technical nuclear issues, had obtained a copy of
the agreement and was working to obtain the requisite GOL

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approvals.


7. (SBU) Comment: In the DOE team's judgment, the meetings were
positive and cooperative, suggesting that the GOL wants to
quickly finalize and implement the agreement. The GOL
ultimately insisted on only minor changes to the original draft
agreement. Despite the enthusiasm of the Tajoura facility
scientists and the avowed interest of other senior GOL officials
in signing the agreement, obtaining approval from the
appropriate ministries may be time-consuming and difficult. The
fact that the GOL clearly expects that the agreement will be
signed in connection with a putative senior-level visit early
next year may help expedite the Libyan interagency process. End
comment.
STEVENS