59. Memorandum From Helmut
Sonnenfeldt of the National Security Council Staff to the
President’s Assistant for National Security Affairs (Kissinger)1
2
Washington, June 16, 1972
SUBJECT:
-
IAEA–EURATOM Negotiations on Safeguards Agreement
This is to bring you up to date on the negotiations between the
International Atomic Energy Agency (IAEA) and EURATOM on a
safeguards agreement for nuclear material. As you recall, I directed
your attention in my memorandum of April 27 (Tab A) to our interest in
these negotiations, which arises primarily out of the danger that the
Soviets may insist that US shipments of
nuclear materials to EURATOM, in the absence of a EURATOM–IAEA safeguards agreement, violate the non-proliferation
treaty.
A European Community delegation visited State last week (cable at Tab B)
to report their hope that the negotiations might be completed by the end
of June. There are still disagreements between EURATOM and the IAEA, notably over the role of IAEA inspectors who, according to the
draft agreement, will accompany the EURATOM inspection teams (i.e., how independently will the
IAEA men be allowed to
function?).
If the end of June deadline is met, an IAEA Board of Governors meeting could consider the
agreement in July. Our missions abroad feel that any slippage beyond
that, however, could be serious, since the EURATOM countries’ parliaments need to have an IAEA agreement by September in order to
begin their ratification of the NPT. If
the process in the EURATOM countries
becomes protracted, we may expect the Soviets again to challenge our
continued shipments of nuclear materials to these countries.
For the moment, then, there is little need to worry. But we will keep an
eye on the progress of these negotiations.
[Page 2]
TELEGRAM
Tab B
Telegram 103362 From the Department of State to the
Mission to the European Community
Washington, June 9, 1972,
2314Z
Subject:
- Meeting With Haferkamp on EC–IAEA negotiations
- 1.
- On June 5 EC group led by Commission Vice President Haferkamp and EC Director
General for Energy Spaak
held one hour informal discussion on EC–IAEA safeguards negotiations with USG group headed bY ACDA Deputy Director Farley, with EUR, SCI, ACDA AND
AEC representation.
- 2.
-
Haferkamp and Spaak gave brief status report
including little new information. Spaak said goal was for basic agreement to
follow INFCIRC 153 with as few changes as possible, mentioning
EC appreciation that basic agreement
[Page 3]
will also be applicable to individual
states. Protocol will cover special position of EURATOM. Subsidiary
arrangements will indicate specific application of guidelines
contained in basic agreement. Spaak and Haferkamp were hopeful for
settlement of remaining points before end of June and expected
to present texts to EC member states at end of this week. They
pointed out, however, that when actual language being drafted,
there was inevitable tendency to reopen basic issues which
senior negotiators had assumed were resolved. Spaak said there is still
disagreement between EC and IAEA regarding basic philosophy and approach which
he hoped could be finessed through skillful drafting.
- 3.
-
Spaak characterized role
of Agency inspectors as inactive observers accompanying EURATOM teams. He said that as
observers they would be able to obtain independent samplings and
be free to select any aspects of inspections for observation in
order to fulfill their responsibilities to Agency in verifying
that any diversion would have been detected. In his view this
would minimize duplication. It would not be acceptable for
IAEA observer to have
function as part of inspection team as this would imply that
EURATOM unable to
fulfill its functions without help of IAEA inspectors. He implied there was not yet
complete agreement with IAEA on
nature of Agency participation. However, he vaguely indicated
that under some circumstances Agency could supplement EURATOM inspection with some of
its own.
- 4.
-
Farley stressed that
US for its own part would
hope to learn more about specific technical details of IAEA–EURATOM arrangement. He noted that US Executive Branch would at some
point have to satisfy itself and Congress as to technical
adequacy of arrangements. Haferkamp seemed appreciate this need
and in this connection mentioned possibility of consultation in
US–EURATOM Safeguards Technical
Working Group.
- 5.
-
Haferkamp said that in
interim between agreement and ratifications, EURATOM and IAEA would do everything necessary
so that full implementation could immediately follow
ratification by all member states. In response to question as to
whether anything
[Page 4]
more
could be undertaken during interim to actually implement
safeguards, Haferkamp said
situation for ratification is very delicate, particularly in
FRG, and that any formal
interim arrangement conceding right of participation Agency
inspectors might be seized upon by NPT opponents as encroachment on authority of
various national parliaments. He felt that best approach,
therefore, would be for him to invite Vienna technicians and
others to Brussels on his own authority as EC Commissioner for
informal discussions and consultations in anticipation of
safeguards implementation. Haferkamp also said ratification would be
facilitated if current negotiations between EC and USG on updating cooperation
[omission in original].
- 6.
-
Springsteen in
discussing interim period and ratifications recalled Soviet
demarche on US fuel supply to EURATOM to which us will shortly respond. He
pointed out that Soviets and others may make further challenges
on continued US shipments to community should ratification by EC
member states become protracted.
- 7.
- Some questions were raised about how agreement would be
characterized to IAEA Board of
Governors by EC member states. Spaak declined to say whether they would term it
unique or special.
