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Cablegate: Application of the U.S.-Russia Ctr and Mpc&A

VZCZCXYZ0009
RR RUEHWEB

DE RUEHC #6686 0222233
ZNR UUUUU ZZH
R 222230Z JAN 08
FM SECSTATE WASHDC
TO AMEMBASSY MOSCOW 0000

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

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