O 052339Z NOV 08
FM SECSTATE WASHDC
TO AMEMBASSY SEOUL IMMEDIATE

UNCLAS STATE 118181 
 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ENRG KNNP PARM TRGY KS
 
SUBJECT: NUCLEAR SUPPLIERS GROUP - ENRICHMENT AND 
REPROCESSING  (ENR) NON-PAPER 
 
 Sensitive but unclassified; protect accordingly. 
 
¶1. (SBU) This is an action cable.  Paragraph 3 
contains the text of a non-paper on the issue 
of reaching consensus on the criteria-based 
approach to amending the Nuclear Suppliers 
Guidelines to strengthen controls over the 
export of enrichment and reprocessing (ENR) 
facilities, equipment, and technology.  This 
issue was discussed by ISN DAS Hayward with 
ROK interlocutors during bilateral meetings 
with MEST and MOFAT officials on the margins 
of the US/ROK Joint Standing Committee on 
Nuclear Energy Cooperation, October 20-23, 
¶2008.  This non-paper is to follow up with 
ROK officials, urging ROK support for going 
to closure on the criteria-based approach as 
proposed by the United States in May 2008, 
including the criterion regarding ENR 
recipients who are party to an agreement 
related to ENR (as amended by the Berlin 
NSG Plenary in May 2008). 
Embassy is requested to provide the non-paper 
as soon as possible to appropriate MOFAT and 
MEST officials, including Joon OH, Deputy 
Minister Of MOFAT for Multilateral, Global 
and Legal Affairs, noting that a copy was 
also provided to the ROK Embassy in Washington 
via email and fax on November 5.  Note also 
that the cover letter to the ROK Embassy in 
paragraph 2 requests a reply by Wednesday, 
November 12. 
 
¶2. (SBU) Text of cover letter to the ROK Embassy: 
 
Minister Kim, 
 
On behalf of ISN Acting Assistant Secretary McNerney, 
please find attached the Enrichment and Reprocessing 
(ENR) non-paper AA/S McNerney spoke of during last 
Thursday,s meeting.  A hard copy of the attached 
non-paper has also been faxed to the ROK Embassy 
here in Washington. 
 
A copy of the non-paper will also be made available 
to the U.S. Embassy in Seoul for transmission to MOFAT 
and MEST. 
 
Please let me know if you have any difficulty receiving 
the document.  We would greatly appreciate a reply by 
next Wednesday, November 12th. 
 
Best regards, 
 
Thy Nguyen 
 
End text cover letter. 
 
¶3. (SBU) Begin text Non-Paper 
 
Non-paper 
Reaching Consensus on a Criteria-based Approach in the 
Nuclear Suppliers Group 
 
The United States seeks to achieve consensus at the 
November 19, 2008 meeting of the Consultative Group 
(CG) of the Nuclear Suppliers Group (NSG) on a revised 
U.S. criteria-based proposal for NSG control of 
transfers of enrichment and reprocessing (ENR) 
equipment and technology.  Achieving consensus is an 
important U.S. foreign policy objective. 
 
The United States has taken note of the Republic of 
Korea,s (ROK) concern with the U.S. proposal to include 
the following language in Paragraph 6(b)(iv)of the NSG 
Guidelines: 
 
&Whether the transfer is consistent with existing 
domestic and international obligations related to 
enrichment or reprocessing to which any Government 
associated with the transfer is a party.8 
 
This aspect of the criteria is one of many factors 
to be considered by a supplier State in deciding 
whether to authorize a transfer of enrichment or 
reprocessing technology.  It does not constitute 
a criterion that all NSG members have committed 
to apply in determining whether to authorize supply 
of trigger list items, such as those criteria 
proposed for Paragraph 6(a) of the guidelines. 
 
The U.S. proposal to further restrict enrichment 
and reprocessing transfers by strengthening the 
NSG guidelines is intended to prevent the further 
spread of sensitive technologies and is consistent 
with our joint efforts to strengthen the global 
nonproliferation regime, including our work to 
denuclearize fully the Korean Peninsula in the 
context of the Six-Party Talks.  We are concerned 
that the current position of the ROK undermines 
its principled position within the Six-Party Talks 
and will undercut the September 19, 1992  Joint 
Declaration, which reflects the commitments 
undertaken by each of the Six Parties. Specifically: 
 
- The September 19, 2005 Joint Statement of the 
Six Party Talks includes the statement, 
&The 1992 Joint Declaration of the Denuclearization 
of the Korean Peninsula should be observed and 
implemented.8  The January 20, 1992 Joint 
Declaration states that, &The South and the North 
will not possess facilities for nuclear 
reprocessing and uranium enrichment.8  By 
incorporating into the agreement this language 
from the 1992 Joint Declaration, the agreement 
reflects the unambiguous commitment by South 
Korea that nuclear reprocessing and uranium 
enrichment will not be permitted on the Korean 
Peninsula. 
 
-     The Six Party endorsement of the 1992 Joint 
Declaration is an essential element of our 
efforts to achieve the verifiable 
denuclearization of the Korean Peninsula 
in a peaceful manner. 
 
The ROK,s stated position on the United States, 
proposed language in the NSG, if maintained, 
would significantly undermine and weaken the 
ROK,s  commitment to uphold the 2005 Joint 
Statement.  The United States is very 
concerned by the ROK,s position, which runs 
contrary to the ROK,s long-established 
commitments and could cause serious damage 
to our coordinated efforts to achieve 
success through the Six-Party Talks. 
 
The United States would be concerned by any 
attempt by the ROK to weaken Seoul,s 
nonproliferation commitments under the 1992 
Joint Declaration, the 2005 Joint Statement, 
 and the Six-Party Talks process. 
 
As the United States recently discussed with 
the ROK, we are prepared to move forward on 
our proposal for continued cooperation in 
research and development of pyroprocessing 
technology, which we have shared separately, 
in order to determine jointly with the ROK 
whether pyroprocessing is feasible on a 
technical and economic basis and acceptable 
on nonproliferation grounds. 
 
To evolve such proposals, we must continue 
to work together to advance our broader 
nonproliferation objectives and maintain 
progress in the Six-Party Talks.  To this 
end, we strongly urge the ROK to reaffirm 
its commitment to refrain from pursuing 
reprocessing or enrichment capability, 
and endorse the changes to the NSG 
Guidelines as proposed by the United States. 
 
End text of non-paper. 
 
¶4. Department thanks Post for its assistance. 
RICE 
 
 
NNNN 
 



End Cable Text