Foreign Relations of the United States, 1969–1976, Volume E–2, Documents on Arms Control and Nonproliferation, 1969–1972

45. Telegram 864 From the Embassy in Austria to the Department of State¹ ²

Vienna, February 19, 1970, 1559Z

Subject:

• Resolution to Establish a Safeguards Committee

Ref

• State 022924

AEC: For Kratzer

1. USDel has been making consistent effort move UK resolution towards formulation that will clearly focus Committee’s attention primarily on agreements, yet avoid premature debate on EURATOM safeguards issue.

2. UK and EURATOM reps have indicated that they would sharply oppose circulation, under operative para 1, of DG’s current draft of agreement with individual NNWS. We have informed them that while we would prefer early circulation we will not insist on same.

3. Accordingly following is text we have developed, on ad referendum basis with UK. Several EURATOM reps including Italians and Germans are favorably disposed towards text. Major unresolved issue is preambular para F. Complete text follows:

The Agency’s safeguards responsibilities in the light of the Treaty on the Non-Proliferation of Nuclear Weapons: Proposal for the establishment of Committee.

The Board of Governors

(A) Recognizing that under its statute the Agency is required to conduct its activities in accordance with the purposes and principles of the United Nations to promote peace and international cooperation, and in conformity with the United Nations policies furthering the establishment of safeguarded world-wide disarmament, and in conformity with any international agreements entered into pursuant to such policies.

(B) Noting that the statute authorizes the Agency to apply safeguards at the request of the parties to any of that state’s activities in the field of atomic energy.

(C) Noting also that non-nuclear weapon states party to the Treaty on the Non-Proliferation of Nuclear Weapons are required, either individually or together with other states, to conclude agreements with the agency in accordance with its statute and safeguards system for the exclusive purpose of verification of the fulfillment of their obligations under the said treaty, for which purpose the agency will need to be in a position to commence to negotiate such agreements within 180 days of the original entry into force of the treaty with states which have ratified it prior to that event.

(D) Noting further the statements by the United States of America and the United Kingdom about the application of safeguards to nuclear activities in their respective countries.

(E) Noting further that the safeguards required by Article III of the said treaty are to be implemented in a manner designed to comply with Article IV thereof, and to avoid hampering the economic or technological development of the parties or international cooperation in the field of peaceful nuclear activities, including the international exchange of nuclear material and equipment for the processing, use or production of nuclear material for peaceful purposes in accordance with the provisions of the said Article III and the principle of safeguarding set forth in the preamble of the said treaty.

(F) (still open)

(G) Noting further that various aspects of the application of the Agency’s safeguard’s system have been under examination by the Director General for some time.

(H) Convinced that all member states must have a full voice in discussion of the matters covered in this resolution

1. Requests of the Director General, in the light of his examination of the implications of the Treaty on the Non-Proliferation of Nuclear Weapons for the Agency’s activities in relation to safeguards, to circulate to the governments of all member states by 15 March 1970 such technical documentation as may assist them in formulating views on the desirable content of the agreements which will be required in connection with the said treaty.

2. Invites all member states to communicate to the Director General, if they so desire, by 1 May 1970, their views on the implications of the said treaty for the Agency’s activities in relation to safeguards and in particular on the desirable content of the agreements which will be required in connection the said treaty; and requests the Director General to circulate such views forthwith to all member states.

3. Requests the Director General, in the light of the said views of member states and of the said documentation, to circulate reports to all member states, containing his views on the implication of the said treaty for the agency’s activities in relation to safeguards, and in particular on the desirable content of the agreements be required in connection with the said treaty; the initial report to be submitted by 1 June 1970 and to cover agreements the negotiation of which in accordance with Article III paragraph 4 of the said treaty is required to commence with the agency within 180 days of the original entry into force thereof; reports on all other relevant matters to follow as soon as possible thereafter.

4. Decides, with the objective of putting the Agency in a position to carry out its responsibilities in relation to safeguards in connection with the said treaty at the earliest possible date, to establish a committee, on which any member state may be represented if it so desires, which shall

(A) Have a Chairman and two Vice-Chairman designed by the Board.

(B) For the facilitation of its work, be authorized to establiish working groups and to call on expert assistance

(C) Hold its initial meeting in early June 1970

(D) In the light of the documentation prepared pursuant to paragraphs 1, 2 and 3 above, and of its deliberations on the matter, advise the Board as matter of urgency on the Agency’s responsibilities in relation to safeguards in connection with the said treaty, and in particular on the desirable content of the agreements which will be required in connection with the said treaty.

(E) From time to time, report the results of its deliberations to the Board, and make, as soon as possible, such recommendations as it deems necessary.

5. Further decides to review progress in the matter at its June meeting.

4. In order “accommodate” our preferences re preambular para F Jackson endeavored obtain EURATOM and London agreement following three new preambular paras. Believing that the agency’s safeguards system is flexible in application and subject to periodic review considering that it is necessary to clarify the application of the said system in connection with the said treaty believing that in prescribing the safeguards required in connection with the said treaty due regard should be paid to need for effectiveness and economy and to the need to take full advantage of technical advances.

5. We informed UK that allusion to “periodic review” could be construed as inviting a wholesale review of INFCIRC/66 at this time and that it would be preferable delete this phrase. As alternative we also have considered deleting first para and preserving following two with second changed as follows considering that it is necessary to clarify the application of the agency’s safeguard’s system in connection with the said treaty. UK also has advised that it would only be able support phrase beginning with word “considering” if word “adjust” were substituted for “clarify” or language read “clarify and adjust”. Italy has taken a similar position and is adamant on use of word “adjust”. We have expressed strong reservations re this proposal and have been informed that Michaels is of strong disposition only to retain on balance para beginning with the words “believing that in prescribing”. While Mission sympathizes with desires of Dept and AEC to have flexibility of INFCIRC/66 acknowledged on face of resolution there is strong sentiment here that US is endeavoring bias resolution and even such moderates as Dutch Amb believe we are pushing this point too hard. Accordingly, we intend co-sponsor text only using phrase beginning with words “believing that in prescribing”. We believe it is counterproductive to continue press “flexibility” language and that US should use occasion of debate to express its views on subject.

Smyth

1. Source: National Archives, RG 59, Central Files 1970–1973, AE 13 IAEA. Limited Official Use; Priority. It was repeated to AEC, Bonn, USEC Brussels, London, Paris, Rome, and The Hague.
2. The telegram provided an update on the IAEA negotiations over establishing a committee to implement the NPT’s safeguards provisions. It includes text outlining a set of eight responsibilities mandated by the NPT; encouraged all member states to engage in discussions concerning those tasks with the Director General; and ensured the prompt dissemination of those viewpoints to all member states for consideration. It closed with a discussion of the use of specific terms in facilitating the terms of the agreement.