VZCZCXYZ0036
RR RUEHWEB

DE RUEHSA #0377/01 0581332
ZNR UUUUU ZZH
R 271332Z FEB 09
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 7512
INFO RUCPDC/DEPT OF COMMERCE WASHDC
RHEBAAA/DEPT OF ENERGY WASHINGTON DC
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 0947
RUEHRL/AMEMBASSY BERLIN 0675
RUEHBY/AMEMBASSY CANBERRA 0808
RUEHLO/AMEMBASSY LONDON 1704
RUEHMO/AMEMBASSY MOSCOW 0956
RUEHNE/AMEMBASSY NEW DELHI 0547
RUEHOT/AMEMBASSY OTTAWA 0766
RUEHFR/AMEMBASSY PARIS 1540

UNCLAS PRETORIA 000377 
 
SIPDIS 
SENSITIVE 
 
STATE PLEASE PASS USAID 
STATE PLEASE PASS USGS 
DEPT FOR AF/S, ISN, EEB/ESC AND CBA 
DOE FOR T.SPERL, G.PERSON, A.BIENAWSKI, M.SCOTT, L.PARKER 
DOC FOR ITA/DIEMOND 
 
E.O. 12958: N/A 
TAGS: ENRG EMIN EPET SENV EINV EIND KNNP SF
SUBJECT: SAG CONVEYS READINESS TO SIGN NUCLEAR AGREEMENT IN WRITING 
 
REF: Pretoria 238 and previous 
 
Sensitive but Unclassified.  Not for Internet Distribution. 
 
¶1.  (SBU) SUMMARY: The SAG sent a diplomatic note (see full text 
below) conveying its readiness to sign the bilateral Agreement on 
Cooperation in Research and Development of Nuclear Energy, as 
promised in a February 20 conference call.  The SAG conveyed that it 
must sign the Agreement at the level of a Cabinet Minister.  Embassy 
believes that a Secretary-level signing would be useful in advancing 
our overall bilateral relationship and nuclear and non-nuclear 
energy agenda.  The SAG asked the USG for suggestions on signing 
opportunities in its note.  End Summary. 
 
¶2.  (SBU) In a February 20 conference call between the SAG 
Departments of Foreign Affairs (DFA) and Minerals and Energy (DME) 
and the U.S. DOE, DFA confirmed full approval to sign and eagerness 
to move forward on the Agreement.  DFA promised to send a written 
diplomatic note to confirm their readiness (see full text below). 
DFA said the Agreement must be signed by a Cabinet Minister, per the 
South African Constitution.  The April 22 elections will present a 
challenge to arranging the signing; therefore, the April Beijing 
Nuclear Ministerial will not work.  Signing in advance of the 
elections might avoid potential delays with a new government.  After 
the signing of the Agreement, the Parliament would be informed of 
the Agreement.  There is no ratification process once the Agreement 
is signed, according to DFA. 
 
¶3.  (SBU) DOE Deputy Assistant Secretary Nuclear Energy Edward 
McGinnis expressed eagerness to move forward and noted that this 
agreement was a high priority.  The Secretary of Energy would be the 
preferred signatory, but if the Secretary could not be scheduled, 
then he would identify an appropriate surrogate.  (Note: DFA may 
propose an early opportunity with the Foreign Minister as early as 
March 31.  End Note.)  DOE Nuclear Energy will be the lead for 
implementation for the U.S. and DOE International Policy Director 
George Person's office will have the lead on working with the 
Secretary's office to prepare for the signing.  POCs for 
implementation will be Michelle Scott at DOE and Ditebogo Kgomo at 
DME. 
 
¶4.  (SBU) DFA is eager to operationalize the Agreement's Joint 
Coordinating Committee (JCC) to make sure all interested parties are 
informed and consulted (particularly given nuclear "dualist" 
considerations).  All agreed that it would be important to think 
about establishing this committee.  DOE and Embassy clarified that 
the JCC is the technical and operational committee for tracking the 
implementation of the Agreement and is complementary, but distinct, 
from the proposed Joint Standing Committee on Nuclear Energy 
Cooperation (JSCNEC) which is broader and includes both policy and 
technical discussions and other federal agencies (State-led).  All 
parties are eager to move forward on this separate initiative as 
well. 
 
¶5.  (U) Following is the text of the February 23 diplomatic note, 
numbered FA3/D8: 
Qnumbered FA3/D8: 
 
The Department of Foreign Affairs of the Republic of South Africa 
presents its compliments to the Embassy of the United States of 
America and has the honor to refer to the Draft Agreement between 
the Government of the United States of America and the Government of 
the Republic of South Africa on Co-operation in Research and 
Development of Nuclear Energy. 
 
The Department of Foreign Affairs of the Republic of South Africa 
has the honor to inform the Embassy of the Untied States of America 
that the internal procedures as required under Section 231 of the 
Constitution of the Republic of South Africa (1996) have been 
completed and that the draft Agreement is therefore ready for 
signature by the two Parties.  The Department of Foreign Affairs 
furthermore wishes to note that, in accordance with the Constitution 
of the Republic of South Africa, all international agreements need 
to be signed by a duly authorized Cabinet Minister. 
 
The Department of Foreign Affairs of the Republic of South Africa 
would appreciate receiving any suggestions by the Government of the 
United States of America regarding an appropriate opportunity for 
the signing of the draft Agreement on Co-operation in Research and 
Development of Nuclear Energy.  (Complimentary closing.) 
 
LA LIME