LIBYA MOVING FORWARD ON NUCLEAR SPENT FUEL AGREEMENT

C O N F I D E N T I A L TRIPOLI 000696

SIPDIS

DEPT FOR NEA/MAG, ISN/NESS, AND L. DEPT PLEASE PASS TO DOE-M FOR

M. TSIKLAURI.

E.O. 12958: DECL: 8/27/2019
TAGS: PREL KNNP ENRG TRGY IAEA PINR TSPL TPHY TNGD
MCAP, RS, LY
SUBJECT: LIBYA MOVING FORWARD ON NUCLEAR SPENT FUEL AGREEMENT

REF: A) TRIPOLI 674; B) 07 TRIPOLI 1065; C) TRIPOLI 599; D) TRIPOLI 639

CLASSIFIED BY: Joan Polaschik, Charge d'Affaires, U.S. Embassy
Tripoli, Department of State.
REASON: 1.4 (b),(d)

1. (C) Summary: Libya is moving toward completion of its
commitment to return its highly-enriched uranium to Russia under
the rubric of the tri-lateral agreement (TSCC) and, at this
point, appears likely to meet the September 30 deadline for fuel
transfer. The MFA informed the Charge August 27 that FM Musa
Kusa had vested all authority to Dr. Ali Gashut, head of Libya's
Atomic Energy Establishment, to complete negotiations on the
agreement with U.S. counterparts and to arrange for a signing of
the agreement within the coming weeks. As details of the
agreement remain under negotiation, Gashut signed two other
agreements allowing the Department of Energy to ship fuel casks
to the Tajoura Nuclear Research Facility in order to prepare the
fuel for transfer to Russia before September 30. Gashut
approved the parallel Libya-Russia agreement for fuel transfer
on behalf of the GOL on August 24. End Summary.


2. (C) The MFA informed the Embassy via diplomatic note August
20 that the Government of Libya had changes to the
government-to-government nuclear spent fuel agreement (ref B)
and formally presented those changes to visiting DOE experts
August 24 during their visit to the Tajoura Nuclear Research
Facility. The changes proposed involved auditing requirements
after the fuel transfer, which DOE reviewed with the State
Department's Legal Advisor on August 24. Dr. Ali Gashut, head
of Libya's Atomic Energy Establishment and GOL lead on
negotiating the agreement, said that he was informed that fifty
percent of the GOL edits were acceptable to the USG. Gashut
expressed preliminary approval of the compromise but requested a
formal copy of the final agreement as approved by the USG.
Embassy received a formal MFA request to the same effect via
diplomatic note on August 27. MFA A/S-equivalent for the
Americas Department Ahmed Fituri informed the Charge August 27
that Dr. Gashut had been given full authority to complete
negotiations on the agreement by FM Musa Kusa and had been
charged with completing the agreement in time for Libya to meet
its September 30 deadline for transferring its nuclear spent
fuel to Russia for treatment and disposal (septel).

PARALLEL LIBYA-RUSSIA AGREEMENT MOVING FORWARD


3. (C) During the August 24 meeting between Gashut and DOE
experts, Gashut approved the parallel Libya-Russia agreement on
the fuel transfer with Russian interlocutors, who were also
present during the meeting. The Russian interlocutors passed
the agreement back to Moscow for formal approval and issuance of
a formal decree regarding the Russian commitment to treat and
dispose of Libya's nuclear spent fuel. The Russian team expects
the Government of Russia to send a high-level representative to
Tripoli for a formal signing ceremony with Musa Kusa after the
decree has been issued. [Note: Gashut asked the GOR to send PM
Putin or President Medvedev for the signing, which the Russian
side thought was unlikely to happen. End note.]

PREPARATIONS FOR SEPTEMBER DEADLINE


4. (C) While the U.S.-Libya agreement was being ironed out and
prepared for signature, Gashut agreed to allow the DOE to send
immediately to the Tajoura facility the fuel casks that will
contain the nuclear spent fuel. He also assured the DOE experts
that he would work to expedite their visa renewal requests in
order to allow them to return to Tripoli to prepare the casks
and train Libyan scientists to pack the casks during the third
week of September.


5. (C) Comment: The GOL is working quickly to meet the
September 30 deadline for nuclear fuel transfer. The MFA has
proposed that we first initial the agreement at the
experts-level, to ensure that work proceeds while arrangements
are made for a later, formal signing ceremony between the FM and
the Ambassador. The MFA is also preparing to sign the parallel
Libya-Russia agreement on fuel transfer with a similarly formal
ceremony. Libya's efficient work over the last month, and since
A/S Feltman and the Ambassador raised the urgency of the issue
with the FM (refs C, D),has been impressive. The Embassy is
pleased that Libya is committed to fulfilling its nuclear spent
fuel obligations as a sign of its desire to maintain positive
momentum in the bilateral relationship. We will continue to
work closely with the Libyan authorities to ensure the September
30 deadline is met. End Comment.

POLASCHIK