Identifier
Created
Classification
Origin
09STATE92659
2009-09-05 02:47:00
UNCLASSIFIED
Secretary of State
Cable title:  

IAEA: GUIDANCE FOR USDEL TO IAEA BOARD OF

Tags:  IAEA KNNP TRGY AORC ENRG PTER KN XP 
pdf how-to read a cable
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OO RUEHWEB

DE RUEHC #2659 2480307
ZNR UUUUU ZZH
O 050247Z SEP 09
FM SECSTATE WASHDC
TO USMISSION UNVIE VIENNA IMMEDIATE 0000
UNCLAS STATE 092659 

SIPDIS

E.O. 12958: N/A
TAGS: IAEA KNNP TRGY AORC ENRG PTER KN XP
SUBJECT: IAEA: GUIDANCE FOR USDEL TO IAEA BOARD OF
GOVERNORS (BOG) MEETING, SEPTEMBER, 2009

REF: A. REF A: UNVIE 397

B. REF B: U.S. POSITION PAPERS EMAILED TO UNVIE BY
IO/GS ON 09/03/2009.

UNCLAS STATE 092659

SIPDIS

E.O. 12958: N/A
TAGS: IAEA KNNP TRGY AORC ENRG PTER KN XP
SUBJECT: IAEA: GUIDANCE FOR USDEL TO IAEA BOARD OF
GOVERNORS (BOG) MEETING, SEPTEMBER, 2009

REF: A. REF A: UNVIE 397

B. REF B: U.S. POSITION PAPERS EMAILED TO UNVIE BY
IO/GS ON 09/03/2009.


1. Department appreciates Missions analysis and
recommendations for the September 2009 International
Atomic Energy Agency (IAEA) BOG meeting (Ref A).
Instructions for USDEL are provided in paragraphs 2-10
below and follow the IAEA provisional agenda in
GOV/2009/58. Cleared U.S. position papers, which may
include statements (Ref B),unless otherwise noted below,
have been emailed separately by IO/GS (formerly IO/T) to
UNVIE on 09/03/2009.


2. AGENDA ITEM 1 STATEMENT BY THE DIRECTOR GENERAL (DG)

The DGs statement will cover all issues on the agenda and
frame the Iran report. UNVIE reported that ElBaradei
plans to use his General Conference (GC) opening address
for a major overview of global issues, and expects his
Board remarks to be comparatively low-key. USDEL will be
particularly attuned to how the DG characterizes Iranian
cooperation and what emphasis he gives issues related to
possible military dimensions. USDEL will also listen for
comments by the DG on the importance of nuclear security,
which could reinforce this as a core IAEA function.

The statement will be available after delivery. No U.S.
action necessary. USDEL should fax or scan/e-mail the DG
s statement to IO immediately following delivery.


3. AGENDA ITEM 2 APPLICATION FOR MEMBERSHIP OF THE
AGENCY

ISSUE: The Board will be requested to consider one
application for IAEA membership Cambodia. Cambodia
joined the IAEA in 1958, but withdrew in 2003 owing over
200,000 euros in assessed contributions. In rejoining the
Agency, Cambodia has agreed to repay its previous arrears.

U.S. POSITION: USDEL should join consensus to recommend
that the GC approve Cambodias application for membership
and submit the respective draft resolutions for the
Conferences consideration. USDEL is authorized to
deliver the brief statement contained in the U.S. position
paper (Ref B) welcoming Cambodia and urging it to adopt
the highest international standards for nuclear

safeguards, safety, and security.


4. AGENDA ITEM 3 MEASURES TO STRENGTHEN INTERNATIONAL
COOPERATION IN NUCLEAR, RADIATION, AND TRANSPORT SAFETY
AND WASTE MANAGEMENT

ISSUE: The Board will have before it the report by the DG,
contained in GOV/2009/48, providing updates on IAEA
activities in nuclear, radiation, transport, and waste
safety. The BOG will be asked to take note of the report
and forward it to the GC.

The Report updates the BOG and the GC on Agency activities
undertaken pursuant to GC resolutions on measures to
strengthen international cooperation in nuclear,
radiation, transport, and waste safety. In addition, the
Report includes a number of cross-cutting areas, including
support for Member States embarking on nuclear power
programs, regulatory effectiveness, knowledge, networks,
civil liability for nuclear damages, the Agencys safety
standards, and education and training.

U.S. POSITION: USDEL should join consensus in taking note
of the DGs Generals Report Measures to strengthen
international cooperation in nuclear, radiation, and
transport safety and waste management. USDEL is
authorized to deliver the statement contained in the U.S.
position paper (Ref B),modified as USDEL views
appropriate, regarding the global nuclear safety regime.


5. AGENDA ITEM 4 NUCLEAR SECURITY: MEASURES TO PROTECT
AGAINST NUCLEAR TERRORISM

ISSUE: The Board will have before it two documents: the
Nuclear Security Report 2009 (GOV/2009/53) and the Nuclear
Security Plan 2010-1013 (GOV/2009/54). The Board will
also review a third, much longer document intended for
publication on the internet, titled, Implementation of
the IAEA Nuclear Security Plan 2006-2009: Progress
Report.

U.S. POSITION: USDEL should join consensus in the
following BOG actions as recommended in the report: take
note of the report; transmit the report to the GC with a
recommendation that Member States contribute on a
voluntary basis to the Nuclear Security Fund (NSF); call
upon states to ratify the 2005 CPPNM Amendment and promote
its early entry into force; request the IAEA strengthen
its relationship with the 1540 Committee and include a
section in next years report on its agreed approach;
implement the noted international nuclear security
instruments, paramount among which is INFCIRC/225/rev.4;
underscore the vital importance of revising
INFCICR/225/rev.4 by early 2010; invite states to make
full use of the assistance available for this purpose by
participation in the Agencys nuclear security program;
and invite all states to participate in the Illicit
Trafficking Database program on a voluntary basis. USDEL
should also reiterate the U.S. commitment to the IAEAs
nuclear security program.

USDEL should state that the IAEA should continue to
emphasize the need for a cohesive approach to safety,
security, and safeguards as critical enabling factors in
the peaceful use of nuclear energy. This is an issue of
global importance. USDEL should also urge the IAEA to
continue consideration on how concomitantly to ensure
appropriate levels of physical protection and safety.

USDEL is authorized to deliver statement contained in the
U.S. position paper (Ref B),which takes note of these
reports and underscores the importance of international
cooperation and nuclear security. Delegation may make
modifications it views as appropriate, so long as the
points identified above are delivered.


6. AGENDA ITEM 5 STRENGTHENING THE AGENCYS ACTIVITIES
RELATED TO NUCLEAR SCIENCE, TECHNOLOGY, AND APPLICATIONS

ISSUE: The Board will have before it and be asked to send
to the GC a report by the DG (GOV/2009/49) on a number of
Agency activities related to nuclear science, technology,
and applications.

At the March 2006 Board meeting, the United States joined
the other members of the Friends of Nuclear Energy (FONE)
Group (Russia, Japan, South Korea, China, India, and
Canada) in calling for the Nuclear Technology Review to be
divided into two new documents, one dealing with nuclear
energy and the other with non-energy applications. These
documents represent the Secretariats response to the GC
requests.

NUCLEAR POWER APPLICATIONS, STATUS, AND PROSPECTS OF
NUCLEAR POWER

U.S. POSITION: USDEL should join consensus in the BOG to
send the report to the GC. During Board discussion, the
USDEL should reaffirm United States support for nuclear
power as an important and clean energy source and for the
expansion of nuclear power in developing countries, and it
should note President Obamas call for a new framework for
peaceful nuclear cooperation.

Non-Power Nuclear applications for health, agriculture,
food, and environment

U.S POSITION: These programs are non-controversial, and
the USDEL may join in consensus to approve this part of
GOV/2009/49 and send it to the GC.

USDEL is authorized to deliver statement contained in the
U.S. position paper (Ref B),modified as USDEL views
appropriate, which underlines the importance of developing
peaceful nuclear power without increasing the risks of
proliferation, while highlighting the positive uses of
non-power applications.


7. AGENDA ITEM 6 NUCLEAR VERIFICATION

(A) THE CONCLUSION OF SAFEGUARDS AGREEMENTS AND OF
ADDITIONAL PROTOCOLS

ISSUE: The BOG will have before it for approval a
Comprehensive Safeguards Agreement (CSA) (GOV/2009/46) and
an Additional Protocol (AP) (GOV/2009/47) for Vanuatu, a
CSA (GOV/2009/60) and an AP (GOV/2009/61) for the Republic
of the Congo, and a CSA (GOV/2009/68) and AP (GOV/2009/69)
for Kenya. All conform to the standard texts contained in
GOV/INF/276/Mod.1 and INFCIRC/540(Corrected),
respectively. The safeguards agreements for all three
states also contain a small quantities protocol, which
conforms to the new model adopted by the Board in 2005.
USDEL should support safeguards agreements and Additional
Protocols, provided they conform to the respective
models. Mission should advise if other safeguards
agreements and Additional Protocols are submitted in
advance of the BOG.

U.S. POSITION: USDEL should join consensus in approving
any safeguards agreements or Additional Protocols that
conform to the standard models, and is authorized to
deliver the statement contained in the U.S. position paper
(Ref B) urging all NPT states that have not yet done so to
conclude and bring into force the required safeguards
agreements and Additional Protocols, which represent the
new safeguards standard. In advancing the position that a
comprehensive safeguards agreement plus an additional
protocol is necessary for effective implementation of
safeguards, Post should be careful not to suggest that
adoption of an Additional Protocol is legally required
under the NPT. USDEL may also address the slow pace in
adoption of the revised Small Quantities Protocol (SQP),
which as of the end of 2008 was in force in only 19 of 80
countries with SQPs.

(B) STAFF OF THE DEPARTMENT OF SAFEGUARDS TO BE USED AS
AGENCY INSPECTORS

ISSUE: The Board is asked to approve, as safeguards
inspectors, a number of staff members of the Agency listed
in document GOV/2009/59. The IAEA Secretariat is required
to obtain Board approval for lists of Agency staff to be
used as safeguards inspectors. The list of proposed
inspectors became available on August 28, 2009. U.S.
review of the list will not be complete before the Board
meeting on September 7. However, like all Member States,
the United States has a separate opportunity after Board
approval of the list to reject individuals on the list for
designation as inspectors to the United States. Objection
within three months prevents designation, and the United
States can also revoke designation at any time. Hence,
the timing of the lists release does not affect the U.S.
ability to complete its internal reviews before acceptance
of the inspectors named.

U.S. POSITION: USDEL should join consensus on the adoption
of the list. No statement is needed.

(C) REPORT BY THE DG ON THE APPLICATION OF SAFEGUARDS IN
THE DEMOCRATIC PEOPLES REPUBLIC OF KOREA (DPRK)

ISSUE: The Board will have before it and be asked to send
to the GC, in document GOV/2009/45, a report from the DG
on verification and monitoring in the Democratic Peoples
Republic of Korea. The Secretariat will submit a written
report on the implementation of safeguards in North Korea
to the BOG and the GC. The report will cover
developments since the September 2008 session of the GC on
the implementation of the ad hoc monitoring and
verification arrangement in the DPRK, including the DPRKs
notification on April 14, 2009, of its decision to cease
all cooperation with the IAEA, request IAEA inspectors to
remove containment and surveillance equipment from the
facilities at Yongbyon, and require the inspectors to
leave the DPRK. Given the termination of the IAEAs
monitoring and verification activities and the departure
of IAEAs inspectors, we expect the DGs introductory
remarks on the DPRK to be brief. At the June Board,
Director General ElBaradei had expressed deep regret
regarding the DPRKs announcement of a second nuclear
test, calling it a wrong step in the wrong direction and
called on all parties to continue to work for a solution
through diplomatic means that would bring the DPRK back to
the NPT.

U.S. POSITION: The United States will not accept North
Korea as a nuclear-weapon state and remains committed to
the September 2005 Joint Statement, the core objective of
which is the verifiable denuclearization of the Korean
Peninsula in a peaceful manner. The United States wants
North Korea to return to the Six-Party Talks and honor its
commitments to abandon all nuclear weapons and existing
nuclear programs and return to the NPT and IAEA
safeguards. The United States remains open to engaging
North Korea, including bilaterally on the basis of the
2005 Joint Statement and in support of the Six-Party
Talks. North Korea must commit to irreversible steps
leading to complete and verifiable denuclearization. The
United States believes that the IAEA has an important role
to play in that process.

USDEL is authorized to deliver statement contained in the
U.S. position paper (Ref B),which expresses regret at
North Koreas refusal to return to the Six-Party Talks,
reiterates U.S. commitment to those Talks, and to the
objectives of the September 2005 Joint Statement under
which North Korea committed to abandoning its nuclear
weapons and existing nuclear programs, and returning to
the NPT and IAEA safeguards.

(D) IMPLEMENTATION OF THE NPT SAFEGUARDS AGREEMENT AND
RELEVANT PROVISIONS OF SECURITY COUNCIL RESOLUTIONS 1737
(2006),1747 (2007),1803 (2008,) and 1835 (2008) IN IRAN

ISSUE: The Board will discuss the DGs latest report on
the status of the implementation of the IAEAs Safeguards
Agreement in Iran, Irans compliance with UN Security
Council resolutions 1737, 1747, 1803, and 1835, and the
Secretariats investigation into Irans nuclear activities.
The DGs report will be contained in document GOV/2009/55.

U.S. POSITION: Instructions will be sent septel.

(E) IMPLEMENTATION OF THE NPT SAFEGUARDS AGREEMENT OF
SYRIA

ISSUE: The Board will discuss the DGs latest report on
the status of the implementation of the IAEAs Safeguards
Agreement in Syria. The DGs report will be contained in
document GOV/2009/56.

U.S. POSITION: Instructions will be sent septel.


8. AGENDA ITEM 7 OTHER MATTERS ARISING FROM THE
FIFTY-FIRST (2007) AND FIFTY-SECOND (2008) REGULAR
SESSIONS OF THE GENERAL CONFERENCE

(a) Application of IAEA safeguards in the Middle East

ISSUE: The Board will take note of the DGs annual report
on the Application of Safeguards in the Middle East
(GOV/2009/44) prepared pursuant to the 2008 GC Middle East
Safeguards (MES) resolution (GC(52)/RES/15).

U.S. POSITION: The U.S. has been heavily engaged with EU
and like-minded countries in pursuing a new consensus
approach to Middle East issues in the BOG and GC. The
U.S. has also been reaching out to the G-77/NAM regarding
this issue. Instructions will be sent septel.

(b) Personnel matters

(i) Staffing of the Agencys Secretariat

ISSUE: The DGs report is contained in GOV/2009/50.

U.S. POSITION: USDEL may join consensus in taking note of
the information contained in this report. USDEL should
note that the forecast separations over the next seven
years could become problematic and prevent the IAEA from
efficiently and effectively accomplishing its stated
goals. The early identification of potentially critical
staffing shortfalls, especially in the Safeguards area,
should allow for the timely implementation of corrective
solutions.

(ii) Women in the Secretariat

ISSUE: The DGs report is contained in GOV/2009/51.

U.S. POSITION: USDEL may join consensus in taking note of
the information contained in this report; however, USDEL
should require that the Secretariat include a section in
future reports on specific IAEA initiatives and efforts to
actively recruit women to rectify the gender imbalance and
improve the representation of women in the Secretariat in
the Professional and higher categories.

USDEL should urge the IAEA to do more to appoint more
well-qualified women into the Professional and higher
categories. USDEL should encourage the IAEA to raise the
awareness of this important issue and improve its
recruitment of women, especially at the senior staff
level.


9. AGENDA ITEM 8 Tribute to the DG

ISSUE: The Board is asked to recommend a Tribute to Dr.
Mohammed ElBaradei resolution to the GC. This hortatory
resolution recognizes ElBaradeis contributions, recalling
the award of the 2005 Nobel Peace Prize to the IAEA and
DG, and confers on ElBaradei the title Director General
Emeritus of the International Atomic Energy Agency.
Previous DGs Eklund (in 1981) and Blix (in 1997) also
received the title.

U.S. POSITION: USDEL should join consensus on recommending
the resolution to the GC and is authorized to deliver the
North American regional group statement contained in the
U.S. position paper (Ref B) expressing appreciation for
the DGs service to the IAEA.


10. AGENDA ITEM 9 ANY OTHER BUSINESS (AOB)

ASSURANCE OF FUEL SUPPLY

ISSUE: At the June 2009 BOG, proposals on multilateral
fuel assurances were formally presented to the Board for
the first time (Ref B). At the Board, traditional critics
of the fuel assurances concept pivoted from rhetoric in
defense of rights to raising specific implementation-related
concerns that needed to be addressed and specific changes that
should be made in the proposals. A number of G-77 countries
expressed interest in the concept of fuel assurances.

In order to maintain the forward momentum from the June
Board, we have pursued a three-fold strategy: engaging key
skeptical states, initiating consultations with donors to
seek a common view on acceptable release criteria, and
consulting with the IAEA Secretariat to plan realistic
outcomes for the September BOG and beyond. We have
encouraged the Secretariat to table a discussion paper
capturing implementation concerns raised to date, which
would form the basis of continued discussions at the
September Board. We understand that the Secretariat will
present such a paper. Consultations with the IAEA
Secretariat indicate it is not optimistic about a positive
result at the September BOG. The Secretariat failed to
place fuel assurances on the September BOG agenda, and the
issue is therefore relegated, once again, to Any Other
Business.

U.S. POSITION: It does not appear realistic to expect a
favorable decision in September on either of the proposals
submitted to the Board in June. Indeed, we could not
accept as written the Proposal by the Director General
for the Establishment of an IAEA LEU Bank because its
release criteria are inadequate. Our goal is to keep the
issue alive and to encourage continued discussion, with a
view towards Board approval of the Russian LEU reserve at
the November BOG and possible action on other concepts in

2010. We wish to make clear that we regard the assurance
of supply issue as very much alive and want to deal with
any misunderstandings by Member States. USDEL is
authorized to deliver the statement contained in the U.S.
position paper (Ref B),modified as USDEL views
appropriate, which welcomes the discussion to date on
multilateral approaches to the fuel cycle, calls for
agreement on the Russian proposal this year, and sets a
target to adopt an amended IAEA fuel bank proposal in
March 2010.
CLINTON