DIPLOMATIC NOTE ADDING THE STATE DEPARTMENT TO

C O N F I D E N T I A L STATE 130899

SIPDIS

E.O. 12958: DECL: 12/11/2018
TAGS: MTCRE PARM PREL UP
SUBJECT: DIPLOMATIC NOTE ADDING THE STATE DEPARTMENT TO
THE 1993 CTR UMBRELLA AGREEMENT

REF: A. STATE 111716

B. KYIV 002339

Classified By: EUR/PRA Director Anita Friedt.
Reasons 1.4 (b) and (D)


1. (U) This is an action request. Please see para 3.


2. (C) Background: The November 18 U.S.-Ukraine missile
destruction talks in Kyiv provided an opportunity to exchange
information and review next steps for moving forward to
eliminate Ukraine's SCUD missiles and related equipment (Ref
B). One element of this process is to add the Department of
State as an Executive Agent to the Agreement Between the
United States of America and Ukraine Concerning Assistance to
Ukraine in the Elimination of Strategic Nuclear Arms, and the
Prevention of Proliferation of Weapons of Mass Destruction
dated October 25, 1993. After consulting with the Ukrainian
Embassy in Washington and the Ministry of Foreign Affairs, we
now understand that Ukraine is amenable to our proposal and
has request we send our diplomatic note adding the State
Department as an Executive Agent. This will allow the State
Department to do this project under the CTR umbrella
agreement and get the "hold harmless" claims provisions, VAT
exemptions, etc.


3. (C) Action Request: Department requests that Embassy
Kyiv pass the following diplomatic note (para 4) to the
Ministry of Foreign Affairs the diplomatic note , which was
cleared sep.


4. (SBU) Text of Diplomatic Note:

The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs of Ukraine and
has the honor to refer to the Agreement Between the United
States of America and Ukraine Concerning Assistance to
Ukraine in the Elimination of Strategic Nuclear Arms, and the
Prevention of Proliferation of Weapons of Mass Destruction
dated October 25, 1993, as amended and extended (the
Agreement).

Pursuant to Article II of the Agreement, the Government of
the United States of America notifies Ukraine that it
designates the Department of State of the United States of
America as an additional Executive Agent to assist in the
destruction or demilitarization of missile systems and
associated equipment, materials, and components.

The Embassy also wishes to express the understanding of the
United States of America that the provisions of the Agreement
apply to the proliferation of those missile systems capable
of launching a weapon of mass destruction. The Embassy
requests the Ministry of Foreign Affairs to confirm in the
Ministry's reply to this note that Ukraine shares this
understanding.

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

End Diplomatic Note Text


5. (U) Department appreciates Embassy's assistance Please
fax (202-647-6039) or send a scanned copy of the outgoing
diplomatic note to EUR/PRA, attn: Matt Hardiman. Slug any
response from Ukraine to ISN/MTR, ISN/NDF, and EUR/PRA.
RICE