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Cablegate: Proposed Language for Agreement On Nuclear R&D

VZCZCXRO3454
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSA #0840 1121336
ZNR UUUUU ZZH
R 211336Z APR 08
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 4214
RHEBAAA/DEPT OF ENERGY WASHINGTON DC
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 0790
RUEHLO/AMEMBASSY LONDON 1502
RUEHMO/AMEMBASSY MOSCOW 0792
RUEHNE/AMEMBASSY NEW DELHI 0484
RUEHFR/AMEMBASSY PARIS 1342
RUEHUL/AMEMBASSY SEOUL 0240
RUEHKO/AMEMBASSY TOKYO 0521
RUEHBS/USEU BRUSSELS
RUCPDC/DEPT OF COMMERCE WASHDC
RUEHUNV/USMISSION UNVIE VIENNA 0287

UNCLAS PRETORIA 000840

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR AF/S, EEB/ESC, ISN
DOE FOR T.SPERL, G.PERSON, A.BIENAWSKI, L.PARKER, M.SCOTT

E.O. 12958: N/A
TAGS: ENRG TRGY KNNP PREL SF
SUBJECT: PROPOSED LANGUAGE FOR AGREEMENT ON NUCLEAR R&D
COOPERATION

REF: A. YOUNG-SCOTT-BURKHART E-MAIL APRIL 4
B. PRETORIA 455 AND PREVIOUS

1. Action Request in paragraph 5.

2. The Embassy has received diplomatic note FA3/D8 dated
April 17, 2008 from the DFA with a proposed change to one
paragraph in the IP Annex for the draft US - SA Agreement on
Cooperation in R&D in Nuclear Energy. The text of the
diplomatic note is as follows:

The Department of Foreign Affairs of the Republic of South
Africa presents its compliments to the Embassy of the USA and
has the honor to refer to the Draft Agreement between the
Government of the USA and the Government of the RSA on
Cooperation in Research and Development of Nuclear Energy.

The Department of Foreign Affairs has the honor, with
specific reference to Paragraph II.B.2(b) of the Annex on
Intellectual Property Rights, to attach a revised draft
Agreement for review and comment by the relevant authorities
of the USA.

The Department of Foreign Affairs of the RSA avails itself of
this opportunity to renew to the Embassy of the USA the
assur!QQQL)X_Arrangement has
led or will lead to the creation or furnishing of a type of
intellectual property that it protects but is not protected
throughout the territory of the other Party, the Parties
shall immediately hold discuss (sic) to determine the
allocation of the rights to the said intellectual property.
The joint activities in question will be suspended during the
discussions, unless otherwise agreed by the Parties thereto.
If no agreement can be reached within the three month-period
from the date of the request for discussions, cooperation on
the project in question will be suspended or terminated by
the request of either Party.

4. Post submitted the revised draft agreement text in
entirety by Ref e-mail dated April 4. DFA and the Department
of Minerals and Energy told Embassy Officers the only change
from the previous draft is the paragraph noted in the Annex
on Intellectual Property Rights. Energy Officer was told
this language was used in the Euratom-U.S. INERI Agreement.
The SAG hopes the USG can agree to this precedent-derived
change that would overcome a SAG legal objection to the
earlier draft's IP Annex.

5. Action Request for State and DOE: Embassy requests State
and DOE to consider the proposed language for the IP Annex of
the draft Agreement between the GoUSA and the GoRSA on
Cooperation in Research and Development of Nuclear Energy.


BOST

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