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DE RUEHC #4942 2542358
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TO USMISSION UNVIE VIENNA IMMEDIATE 0000

UNCLAS STATE 094942 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: IAEA KNNP TRGY AORC ENRG PTER KN XP
SUBJECT: IAEA: GUIDANCE FOR USDEL TO 2009 IAEA GENERAL 
CONFERENCE, SEPTEMBER 14, 2009 
 
REF: A. UNVIE 359 
     ¶B. UNVIE 410 
     ¶C. U.S. POSITION PAPERS EMAILED TO UNVIE BY IO/GS 
        SEPTEMBER 10 2009. 
 
¶1.    Summary. The Department appreciates the Mission's 
analysis and recommendations for the September General 
Conference (GC) meeting (refs A and B).  Instructions for 
USDEL for the GC are provided in paragraphs 2-27 below and 
follow the provisional agenda in document GOV/2009/19.  U.S. 
position papers were emailed separately by IO/GS on September 
10, 2009, to UNVIE (ref c). End Summary. 
 
¶2. AGENDA ITEM 1 - ELECTION OF OFFICERS AND APPOINTMENT OF 
THE GENERAL CONFERENCE 
 
ISSUE:  The GC will be called upon to formally elect a 
President, eight Vice-Presidents, a Chairman of the Committee 
of the Whole (COW), and five additional members, via a motion 
by the President.  Nominations are made by the regional 
groups.  See ref A for details regarding regional group 
selections. 
 
U.S. POSITION:  USDEL should join the expected consensus in 
endorsing the selection of officers and appointment of the 
General Committee, as proposed by the Secretariat. 
 
¶3. AGENDA ITEM 2 - APPLICATION FOR MEMBERSHIP OF THE AGENCY 
 
ISSUE:  The GC will have before it applications for 
membership in the IAEA from Cambodia and Rwanda. 
 
U.S. POSITION:  USDEL is authorized to join the expected GC 
consensus approving the applications for membership by 
Cambodia and Rwanda. 
 
¶4. AGENDA ITEM 3 - MESSAGE FROM THE SECRETARY-GENERAL OF THE 
UNITED NATIONS 
 
ISSUE:  Each year the Secretary-General of the United Nations 
sends a message that is read to the GC.  No discussion of the 
SYG,s message takes place. 
 
U.S. ACTION:  USDEL should fax the message to IO/GS as soon 
as it is delivered. 
 
¶5. AGENDA ITEM 4 - STATEMENT BY THE DIRECTOR GENERAL 
 
ISSUE:  IAEA Director General ElBaradei,s statement serves 
as an overview of the Conference agenda.  The statement is 
not normally available until delivery. 
 
U.S. ACTION:  USDEL should fax the statement to ISN/MNSA and 
IO/GS as soon as it is available. 
 
¶6. AGENDA ITEM 5 - ARRANGEMENTS FOR THE CONFERENCE 
 
(a) Adoption of the agenda and allocation of items for 
initial discussion. 
 
(b) Closing date of the session and opening date of the next 
session. 
 
ISSUE:  The GC will be asked to approve the agenda and 
allocate the items for initial discussion.  The GC is also 
required to set the closing date of this session and the 
opening date of the 54th (2010) regular session. 
 
U.S. POSITION:  USDEL should join consensus approving the 
agenda, as well as approving the proposed closing date of the 
session and opening date of the next session. 
 
¶7. AGENDA ITEM 6 - APPROVAL OF THE APPOINTMENT OF THE 
DIRECTOR GENERAL 
 
ISSUE: The GC will be asked to approve the appointment of the 
new DG, Yukiya Amano of Japan, for a term of four years from 
December 1, 2009, to November 30, 2013. 
 
U.S. POSITION: USDEL should join consensus on the approval of 
the new Director General and the tribute to ElBaradei.  As 
Chairman of the North America Group, the USDEL is authorized 
to deliver the regional group statement welcoming 
DG-designate Amano and paying tribute to ElBaradei. 
 
¶8. AGENDA ITEM 7 - CONTRIBUTIONS TO THE TECHNICAL COOPERATION 
FUND FOR 2010 
 
ISSUE:  Each year the Secretariat asks for pledges during the 
GC for the Technical Cooperation Fund (TCF) for the following 
year.  The Secretariat periodically publishes the results 
during the GC and announces the results at the end (Agenda 
Item 26). 
 
U.S. POSITION:  No USDEL action required.  The United States 
never makes a TCF pledge at the GC because Congress has not 
yet appropriated the funds for the following year. 
 
¶9. AGENDA ITEM 8 - GENERAL DEBATE AND ANNUAL REPORT FOR 2008 
 
ISSUE:  The GC will have before it for discussion and its 
consideration document GC(53)/7, the Agency,s Annual Report 
for 2008. 
 
U.S. POSITION:  USDEL should join consensus in approving the 
IAEA Annual Report for 2008. 
 
¶10. AGENDA ITEM 9 - ELECTION OF MEMBERS TO THE 2009-2010 
Board of Governors 
 
ISSUE:  The GC will be called upon to elect 11 members to the 
Board of Governors who will serve from the end of the 
fifty-third (2009) regular session to the end of the 
fifty-fourth (2010) regular session of the General 
Conference.  The GC will also be asked officially to  approve 
the list of 13 Member States designated to serve on the Board. 
 
U.S. POSITION:  USDEL should join the expected GC consensus 
to approve the Board,s designation of the 13 Member States 
and elect the 11 regional group candidates (Africa, GRULAC, 
Western Europe, Eastern Europe, and SEAP) for elective Board 
membership, as is customary. 
 
If the Africa Group has not reached consensus on its 
candidates, USDEL should consult Washington regarding which 
states to support. 
 
¶11. AGENDA ITEM 10 - THE AGENCY'S ACCOUNTS FOR 2008 
 
ISSUE:  The GC will be asked to take note of the Agency's 
Accounts for 2008. 
 
U.S. POSITION:  USDEL can support the draft resolution taking 
note of the Agency's Accounts for 2008. 
 
¶12. AGENDA ITEM 11 - THE AGENCY'S BUDGET FOR 2010-2011 
 
ISSUE:  The GC will be asked to approve the Agency,s budget 
for 2010-2011 contained in GC(53)/5. 
 
U.S. POSITION:  USDEL should join consensus on approval of 
the 2010 Budget, the TCF target, and the 2010 working capital 
fund level. 
 
¶13. AGENDA ITEM 12 - APPOINTMENT OF THE EXTERNAL AUDITOR 
 
ISSUE: The GC is being asked to approve the recommendation of 
the Board of Governors concerning the re-appointment of the 
External Auditor for 2010-2011. 
 
U.S. POSITION: USDEL should join consensus to the Board of 
Governors recommendation to appoint the German Supreme Audit 
Institution as the IAEA External Auditor for 2010-2011. If 
discussions do not produce a consensus candidate, USDEL is 
instructed to vote for Germany with the understanding that 
this is Germany,s final term as External Auditor.  USDEL is 
instructed to raise the issue of extending the short 
term-of-office of the External Auditor, currently set at 
two-years, to a single six-year, non-renewable term. 
 
¶14. AGENDA ITEM 13 - AMENDMENT TO ARTICLE XIV.A OF THE STATUTE 
 
ISSUE:  By resolution GC(43)/RES/8, the GC approved an 
amendment to Article XIV.A of the Agency's Statute, 
permitting biennial budgeting.  The item was included in the 
agenda, pursuant to the decision of the GC last year 
(GC(52)/DEC/9), to consider entry into force of the 
amendment.  (Note: the U.S. Senate has not yet been asked to 
provide its advice and consent to ratification of this 
amendment.) 
 
U.S. POSITION:  USDEL should join consensus on a decision or 
resolution that urges/encourages Member States to consider 
accepting the amendment. 
 
¶15. AGENDA ITEM 14 - SCALE OF ASSESSMENT OF MEMBERS, 
CONTRIBUTIONS TOWARD THE REGULAR BUDGET 
 
ISSUE:  The GC will be asked to approve the Scale of 
Assessment of Members' contributions for the 2010 regular 
budget. 
 
U.S. POSITION: USDEL may join consensus on a 
resolution/decision approving the scale of assessments for 
¶2010. 
 
¶16. AGENDA ITEM 15 - MEASURES TO STRENGTHEN INTERNATIONAL 
COOPERATION IN NUCLEAR, RADIATION AND TRANSPORT SAFETY AND 
WASTE MANAGEMENT 
 
ISSUE: The GC will be asked to take note of the Director 
General's Report Measures to strengthen international 
cooperation in nuclear, radiation and transport safety and 
waste management. 
 
U.S. POSITION: USDEL should join consensus in taking note of 
the report. 
 
¶17. AGENDA ITEM 16 - NUCLEAR SECURITY: MEASURES TO PROTECT 
AGAINST NUCLEAR TERRORISM 
 
ISSUE 1:  The GC will have before it for adoption the Nuclear 
Security (NS) Report 2009 and the Nuclear Security Plan (NSP) 
2010-2013. 
 
U.S. POSITION:  USDEL should join consensus on adoption of 
the Nuclear Security Report 2009 and the Nuclear Security 
Plan for 2010-2013. 
 
ISSUE 2:  The GC will also have before it a nuclear security 
(NS) resolution for its adoption.  Washington recognizes the 
difficulties we face in passing a forward-leaning NS 
resolution this year and appreciates UNVIE reporting and 
recommendations in this regard (reviewed in ref A). 
Washington is also sensitive to last year's struggle on this 
issue and wishes to avoid an acrimonious debate given the 
challenges we face on Middle East issues. 
 
U.S. POSITION: USDEL is authorized to use proposals in ref A 
and those provided the French informally to seek consensus 
agreement on a resolution that at a minimum contains 
elements, updated as appropriate, contained in last year's 
resolution.  UNVIE should seek further guidance from 
Washington if this minimum goal cannot be attained. 
 
¶18. AGENDA ITEM 17 - STRENGTHENING OF THE AGENCY'S TECHNICAL 
COOPERATION ACTIVITIES 
 
ISSUE:  The Committee of the Whole (COW) of the GC will serve 
as the forum to allow the Director General (DG) to report on 
the implementation of last year's General Conference 
Resolution on this agenda item, (GC(51)/RES/13).  A 
resolution similar to GC(51)/RES/13 will likely be proposed 
in the COW. 
 
U.S. POSITION:  USDEL is authorized to advocate the posture 
contained in the U.S. position paper (ref C), modified as 
USDEL views appropriate, on strengthening Technical 
Cooperation activities. 
 
¶19. AGENDA ITEM 18 - STRENGTHENING THE AGENCY'S ACTIVITIES 
RELATED TO NUCLEAR SCIENCE, TECHNOLOGY AND APPLICATIONS 
 
ISSUE: This item is included in the provisional agenda 
pursuant to resolutions GC(51)/RES/14 and GC((52)/RES/12.  It 
is expected that the GC will have before it reports on a 
number of issues, including developments in items under 
GC(51)/RES/14.A and B; GC(52)/RES/12.A and B; and the 
Nuclear Technology Review. 
 
U.S. POSITION: USDEL is authorized to advocate the posture 
contained in the U.S. position paper (ref C), modified as the 
USDEL views appropriate, on nuclear applications. 
 
¶20. AGENDA ITEM 19 - STRENGTHENING THE EFFECTIVENESS AND 
IMPROVING THE EFFICIENCY OF THE SAFEGUARDS SYSTEM AND 
APPLICATION OF THE MODEL ADDITIONAL PROTOCOL 
 
ISSUE: The GC will address issues arising during the 
negotiation and adoption of a resolution on strengthening 
effectiveness and improving efficiency of the safeguards 
system and application of the Model Additional Protocol. 
 
U.S. POSITION: USDEL is authorized to advocate the posture 
contained in the U.S. position paper (ref C), modified as the 
USDEL views appropriate, on strengthening the safeguards 
system and application of the Model Additional Protocol. 
 
¶21. AGENDA ITEM 20 - IMPLEMENTATION OF THE NPT SAFEGUARDS 
AGREEMENT BETWEEN THE AGENCY AND THE DEMOCRATIC PEOPLE'S 
REPUBLIC OF KOREA (DPRK) 
 
ISSUE: The Board will send to the GC, in document 
GOV/2009/45, a report from the DG on verification and 
monitoring in the Democratic People,s Republic of Korea. 
The report will cover developments since the September 2008 
session of the GC on the implementation of the ad hoc 
monitoring and verification arrangement in the DPRK, 
including the DPRK,s notification on April 14, 2009, of its 
decision to cease all cooperation with the IAEA, request IAEA 
inspectors to remove containment and 
surveillance equipment from the facilities at Yongbyon, and 
require the inspectors to leave the DPRK. 
 
U.S. POSITION: The United States will not accept North Korea 
as a nuclear weapon state and remains committed to the 
September 2005 Joint Statement, the core objective of which 
is the verifiable denuclearization of the Korean Peninsula in 
a peaceful manner.  The United States wants North Korea to 
return to the Six-Party Talks and honor its commitments to 
abandon all nuclear weapons and existing nuclear programs and 
return to the NPT and IAEA safeguards.  The United States 
remains open to engaging North Korea, including bilaterally 
on the basis of the 2005 Joint Statement and in support of 
the Six-Party Talks.  North Korea must commit to irreversible 
steps leading to complete and verifiable denuclearization. 
The United States believes that the IAEA has an important 
role to play in that process. 
 
¶22. AGENDA ITEM 21 - Application of IAEA safeguards in the 
Middle East. 
 
ISSUE and U.S. POSITION:  Instructions will be sent septel. 
 
¶23. AGENDA ITEM 22 - Amendment to Article VI of the Statute 
 
ISSUE: The 1999 General Conference approved this amendment to 
Article VI of the Agency,s statute, the purpose of which is 
to expand Board membership from 35 to a total of 43 Member 
States to provide a "more democratic representation" of the 
Board.  The Secretariat informs Member States in document 
GC(53)/10 of progress on the amendment's ratification.  Thus 
far, 48 states have ratified, out of a total of 100 required 
for entry into force.   The United States has not ratified 
this amendment. 
 
U.S. POSITION: USDEL should join consensus in taking note of 
these ratifications. 
 
¶24. AGENDA ITEM 23 - ELECTIONS TO THE AGENCY'S STAFF PENSION 
COMMITTEE 
 
ISSUE:  The Conference will likely be called upon to elect 
representatives from Member States to approve the election of 
one alternate member to serve on the Agency,s Staff Pension 
Committee. 
 
U.S. POSITION: USDEL should join consensus and advocate the 
posture contained in the U.S. position paper (ref C), 
modified as USDEL views appropriate, on elections to the 
Agency,s Staff Pension Committee. 
 
¶25. AGENDA ITEM 24 - Personnel 
 
(a)   Staffing of the Agency,s Secretariat 
 
ISSUE:  Resolution GC(49)/RES/16A requires the Director 
General to report on a biennial basis the progress made in 
insuring the Agency is well represented by its Member States 
and provide in writing the status of the efforts made to 
achieve that representation. 
 
U.S. POSITION:  USDEL may join consensus in taking note of 
the information contained in this report.  USDEL should note 
that the forecasted separations over the next seven years 
could become problematic and prevent the IAEA from 
effectively and efficiently accomplishing its stated goals. 
USDEL should inquire as to what organizational measures are 
being pursued to address this issue. 
 
(b) Women in the Secretariat 
 
ISSUE: Resolution GC(49)/RES/16B requires the Director 
General to report on a biennial basis the progress made in 
rectifying the gender imbalance and improving the 
representation of women in the Secretariat in the 
Professional and higher categories.  This agenda item was 
last discussed in 2007 during the September Board of 
Governors meeting. 
 
U.S. POSITION: USDEL should join consensus in taking note of 
the information contained in this report; however, USDEL 
should require that the Secretariat include a section in 
future reports on specific IAEA initiatives and efforts 
actively to recruit women to rectify the gender imbalance and 
improve the representation of women in the Secretariat in the 
Professional and higher categories. 
 
¶26. AGENDA ITEM 25 - EXAMINATION OF DELEGATE,S CREDENTIALS 
 
ISSUE:  Whether to endorse the General Committee,s report to 
the General Conference on delegates, credentials, with 
particular attention to possible political bias regarding 
Israel,s credentials. 
 
U.S. POSITION:  USDEL, working with the WEOG and other 
like-minded states, will have to ensure that an equitable 
deal is worked with regard to the Arab League challenge and 
the Israeli rebuttal, as in the past.  USDEL should carefully 
monitor the work of the General Committee regarding 
credentials to ensure that Israel,s credentials are dealt 
with as in prior years, as outlined in Ref A.  Similarly, 
USDEL should forestall any attempt to modify agreed language 
on the floor of the GC Plenary. 
 
¶27. AGENDA ITEM 23 - REPORT ON CONTRIBUTIONS PLEDGED TO THE 
TECHNICAL COOPERATION FUND (TCF) FOR 2010 
 
ISSUE:  It is expected that pledges of contributions to the 
TCF for 2010 will be obtained during the GC and that the GC 
President will communicate a report thereon to the Conference. 
 
U.S. POSITION: No USDEL action is required.  The United 
States never makes a TCF pledge at the GC because Congress 
has not yet appropriated the funds for the following year. 
CLINTON