APPLICATION OF THE U.S.-RUSSIA CTR AND MPC&A

UNCLAS STATE 006686 SIPDIS SIPDIS E.O. 12958: N/A TAGS: CTR PARM PREL RS SUBJECT: APPLICATION OF THE U.S.-RUSSIA CTR AND MPC&A AGREEMENTS TO DOE,S SLD AND RTR PROGRAMS REF: 04 STATE 239807 ¶1. This is an action request. Please see paragraph 3. Reference B is a letter dated January 23, 2003 (sic 2004) from V. Kuchinov, director of MINATOM's Department for International and Foreign Economic Cooperation to David Huizenga, (DOE/NNSA). ¶2. BACKGROUND: By diplomatic note transmitted to Post per Reference A, the USG requested that the Government of Russia (GOR) confirm the application of the U.S.-Russia Cooperative Threat Reduction (CTR) Umbrella Agreement and Materials Protection Control & Accounting (MPC&A) Agreement to three U.S. Department of Energy (DOE),National Nuclear Security Administration programs: Second Line of Defense (SLD), Materials Consolidation and Conversion (MCC),and Radiological Threat Reduction (RTR). The GOR has not responded formally to the USG proposals. Informally, the GOR,s Ministry for Atomic Energy (Minatom; now the Federal Atomic Energy Agency, or Rosatom) advised DOE that while the SLD and RTR proposals were generally acceptable, the USG proposal concerning MCC was unacceptable. More recently, in February 2007 the USG proposed a separate U.S.-Russia agreement for the MCC program (Reference B); and Rosatom indicated in April 2007 to DOE,s Moscow office that re-submission of the 2004 USG requests concerning SLD and RTR, without the proposal to bring MCC under the CTR and MPC&A Agreements, would facilitate approval within the GOR of the USG,s proposals concerning SLD and RTR. Accordingly, the proposed USG note in paragraph 5 seeks to replace the November 2004 note for this purpose. END BACKGROUND ¶3. Action Request: Drawing on Background as appropriate, Post is requested to deliver to the GOR,s Ministry of Foreign Affairs, with a courtesy copy to Rosatom,s Vladimir Kuchinov, the USG diplomatic note in paragraph 5 and the suggested GOR reply note in paragraph 6. Post may also draw upon talking points in paragraph 4. ¶4. Begin talking points: -- DOE/NNSA has been cooperating for several years with the GOR,s State Customs Committee (GTK) to equip Russian sites, including border crossing control points, seaports and airports, with fixed portal monitors, in order to assist the GOR in preventing illicit trafficking in nuclear material. -- DOE/NNSA, GTK, and Rosatom are interested in solidifying the legal foundation for this cooperation, which has been conducted under the auspices of the MPC&A Agreement. -- Article I, paragraph 2.d. of the MPC&A Agreement explicitly provides for cooperation between the U.S. and Russian Federation governments in the area of "prevention of illicit trafficking in nuclear materials". Accordingly, we believe that DOE/NNSA's current and proposed assistance activities under its Second Line of Defense (SLD) program, whose focus is preventing illicit trafficking in nuclear material, is expressly encompassed within the existing MPC&A Agreement. -- Although we do not believe any amendment of the MPC&A Agreement is necessary to cover DOE/NNSA's SLD activities, we acknowledge, as Mr. Kuchinov pointed out in his January 23, 2004, letter to NNSA,s David Huizenga (Reference B),that responsibility for countering the illicit trafficking in nuclear material within and across the borders of the Russian Federation is shared by a number of GOR state bodies, including Rosatom and GTK. Therefore, we propose in our exchange of diplomatic notes to confirm our governments' understanding that the activities contemplated by Article I, paragraph 2.d. of the MPC&A Agreement include preventing illicit trafficking in nuclear material both at Russian Federation border crossing points and within the Russian Federation. -- The objective of DOE/NNSA's Radiological Threat Reduction (RTR) program is to mitigate the threat posed by radioactive materials that could be used in radiological dispersal devices (RDDs). DOE/NNSA is cooperating with the Russian Federation to identify, recover, store, and secure high-risk radioactive sources. This work also includes facilitation of the disposition of RDD-usable radioactive sources. -- The CTR Umbrella Agreement (which governs the MPC&A Agreement) refers to safe and secure transportation, storage and destruction of "nuclear, chemical, and other weapons," and the establishment of additional verifiable measures against the proliferation of such weapons that pose a risk of proliferation. In addition to the proposed confirmation of the understanding of our two governments concerning DOE/NNSA's SLD program under the MPC&A Agreement, the U.S. diplomatic note states the understanding of the United States that the provisions of the CTR Umbrella Agreement also apply to RDDs and radioactive material, including but not limited to radioactive sources, suitable for use in RDDs. -- Since the subject of the MPC&A Agreement is "nuclear material," we concur with Mr. Kuchinov's proposal, in his January 23, 2004, letter to Mr. Huizenga, that it is appropriate to amend the MPC&A Agreement to bring our assistance activities related to radioactive sources expressly within the ambit of the MPC&A Agreement. -- In summary, our diplomatic note states the understanding of the U.S. Government that the MPC&A Agreement applies to the Department of Energy,s SLD assistance activities and that the CTR Umbrella Agreement applies to RDDs and radioactive materials that can be used in RDDs; and proposes to amend the MPC&A Agreement to bring RDDs and related radioactive materials expressly within the terms of the MPC&A Agreement. ¶5. Begin text of U.S. Diplomatic Note The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Russian Federation and has the honor to refer to the Agreement between the Government of the United States of America and the Government of the Russian Federation Regarding Cooperation in the Area of Nuclear Material Physical Protection, Control and Accounting of October 2, 1999 ("MPC&A Agreement"),which is subject to and governed by the Agreement between the United States of America and the Russian Federation Concerning the Safe and Secure Transportation, Storage and Destruction of Weapons and the Prevention of Weapons Proliferation of June 17, 1992 ("CTR Agreement"),as amended and extended by the Protocols of June 15 and 16, 1999, and June 16, 2006 ("Extension Protocols"). The Embassy wishes to express the understanding of the Government of the United States of America ("United States Government") that the provisions of the MPC&A Agreement apply to activities between the United States Government and the Government of the Russian Federation ("Russian Federation Government") in the area of the prevention of illicit trafficking in nuclear material within and across the international borders of the Russian Federation. The Embassy wishes to express the further understanding of the United States Government that the provisions of the CTR Agreement apply to radiological dispersal devices and radioactive materials, including but not limited to radioactive sources, suitable for use therein. The Embassy requests that the Ministry of Foreign Affairs confirm, in the Ministry,s reply to this note, that the Russian Federation Government shares these understandings. The Embassy also has the honor to propose amending Article I paragraph 2 of the MPC&A Agreement as follows: (1) deleting the word "and" at the end of subparagraph 2.d.; (2) adding a new subparagraph 2.e. to read "Physical protection, control, and accounting of radioactive materials, including but not limited to radioactive sources, suitable for use in radiological dispersal devices; and"; and (3) changing the designation of subparagraph "2.e." to "2.f.". If this proposal is acceptable to the Russian Federation Government, it is further proposed that this note, together with the Ministry of Foreign Affairs' affirmative note in reply, shall constitute an agreement between the United States Government and the Russian Federation Government, which shall be applied provisionally from the date of the Ministry,s reply note and shall enter into force upon entry into force of the Extension Protocols. The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Russian Federation the assurances of its highest consideration. Embassy of the United States of America Moscow, , 2008 End text of U.S. Diplomatic note ¶6. Begin text of suggested GOR reply note The Ministry of Foreign Affairs of the Russian Federation presents its compliments to the Embassy of the United States of America and referring to the U.S. Embassy,s Note No. xxx of , 2008, has the honor to inform of the following: The Ministry of Foreign Affairs is pleased to confirm that the Government of the Russian Federation ("Russian Federation Government") shares the understanding set forth in the Embassy,s note that the provisions of the Agreement between the Government of the Russian Federation and the Government of the United States of America Regarding Cooperation in the Area of Nuclear Material Physical Protection, Control and Accounting of October 2, 1999 ("MPC&A Agreement"),apply to activities between the Russian Federation Government and the Government of the United States of America in the area of the prevention of illicit trafficking in nuclear material within and across the international borders of the Russian Federation. The Ministry of Foreign Affairs is also pleased to confirm the understanding of the Russian Federation Government that the provisions of the Agreement between the Russian Federation and the United States of America Concerning the Safe and Secure Transportation, Storage and Destruction of Weapons and the Prevention of Weapons Proliferation of June 17, 1992 ("CTR Agreement"),as amended and extended by the Protocol of June 15 and 16, 1999, and the Protocol of June 16, 2006, ("Extension Protocols") apply to radiological dispersal devices and radioactive materials, including but not limited to radioactive sources, suitable for use therein. The Ministry is pleased to accept, on behalf of the Russian Federation Government, the agreement proposed in the Embassy,s note to amend Article I, paragraph 2 of the MPC&A Agreement, which amendment shall be applied provisionally from the date of this reply note and shall enter into force upon entry into force of the Extension Protocols. The Ministry of Foreign Affairs of the Russian Federation avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration. Ministry of Foreign Affairs Moscow, , 2008 End text of suggested GOR reply note ¶7. FYI: (For Embassy's use only) As previously noted in Reference A, State L has concluded that Circular 175 procedures are not required to negotiate and conclude an amendment to the MPC&A Agreement to include expressly within its coverage RDDs and radioactive materials suitable for use therein. ¶8. Washington greatly appreciates Embassy assistance and prompt action on this request. DOE contact is Dave Huizenga at 202 586-0899; David.Huizenga@nnsa.doe.gov. State Department point of contact is Anita Friedt at 202 647-9903; FriedtAE@state.gov. Copies of the diplomatic notes should be faxed to the Department of State, L/T (Attn: Lois Allder),at 202 647-9844; and the original of the GOR note and a certified copy of the U.S. note pouched to the Department, also marked for the attention of L/T, in accordance with 11 FAM 723.6-723.9. RICE