PROPOSED LANGUAGE FOR AGREEMENT ON NUCLEAR R&D

UNCLAS PRETORIA 000840 SIPDIS SENSITIVE SIPDIS DEPT FOR AF/S, EEB/ESC, ISN DOE FOR T.SPERL, G.PERSON, A.BIENAWSKI, L.PARKER, M.SCOTT E.O. 12958: N/A TAGS: ENRG TRGY KNNP PREL SF SUBJECT: PROPOSED LANGUAGE FOR AGREEMENT ON NUCLEAR R&D COOPERATION REF: A. YOUNG-SCOTT-BURKHART E-MAIL APRIL 4 ¶B. PRETORIA 455 AND PREVIOUS ¶1. Action Request in paragraph 5. ¶2. The Embassy has received diplomatic note FA3/D8 dated April 17, 2008 from the DFA with a proposed change to one paragraph in the IP Annex for the draft US - SA Agreement on Cooperation in R&D in Nuclear Energy. The text of the diplomatic note is as follows: The Department of Foreign Affairs of the Republic of South Africa presents its compliments to the Embassy of the USA and has the honor to refer to the Draft Agreement between the Government of the USA and the Government of the RSA on Cooperation in Research and Development of Nuclear Energy. The Department of Foreign Affairs has the honor, with specific reference to Paragraph II.B.2(b) of the Annex on Intellectual Property Rights, to attach a revised draft Agreement for review and comment by the relevant authorities of the USA. The Department of Foreign Affairs of the RSA avails itself of this opportunity to renew to the Embassy of the USA the assur!QQQL)X_Arrangement has led or will lead to the creation or furnishing of a type of intellectual property that it protects but is not protected throughout the territory of the other Party, the Parties shall immediately hold discuss (sic) to determine the allocation of the rights to the said intellectual property. The joint activities in question will be suspended during the discussions, unless otherwise agreed by the Parties thereto. If no agreement can be reached within the three month-period from the date of the request for discussions, cooperation on the project in question will be suspended or terminated by the request of either Party. ¶4. Post submitted the revised draft agreement text in entirety by Ref e-mail dated April 4. DFA and the Department of Minerals and Energy told Embassy Officers the only change from the previous draft is the paragraph noted in the Annex on Intellectual Property Rights. Energy Officer was told this language was used in the Euratom-U.S. INERI Agreement. The SAG hopes the USG can agree to this precedent-derived change that would overcome a SAG legal objection to the earlier draft's IP Annex. ¶5. Action Request for State and DOE: Embassy requests State and DOE to consider the proposed language for the IP Annex of the draft Agreement between the GoUSA and the GoRSA on Cooperation in Research and Development of Nuclear Energy. BOST