US embassy cable - 05LJUBLJANA407

UNCLAS  LJUBLJANA 000407 
 
SIPDIS 
 
 
SENSITIVE 
 
DEPT FOR EUR/NCE, NP, L/T 
 
E.O. 12958: N/A 
TAGS: ENRG, ETTC, KNNP, MNUC, PARM, PREL, KTIA, SI 
SUBJECT:  SLOVENIA: PORTALS IMPLEMENTING AGREEMENT ENTERS 
INTO FORCE 
 
REF: SECSTATE 060518 
 
1.  (U) The Department of Energy's Second Line of Defense 
Portals Implementing Agreement (the "Agreement") between the 
U.S. and Slovenia entered into force on May 23, 2005.  The 
Agreement (full text in para 3, below) was signed by both 
parties on April 4, 2005.  The U.S. diplomatic note (see 
reftel) indicating completion of procedures for entry into 
force of the Agreement was delivered on April 5, 2005.  The 
Slovenian note (full text in para 4, below), dated May 23, 
2005, was delivered to the Embassy on May 25, 2005.  A 
second U.S. diplomatic note (full text in para 5, below) was 
delivered to the Slovenian MFA on May 25, 2005, in response 
to its May 23 note.  As requested in reftel, the original 
Agreement, the original Slovenian note, and copies of the 
two U.S. notes are being sent to L/T to the attention of 
Michelle Cannon. 
 
2.  (SBU) DOE-led teams have begun to make trips to Slovenia 
to arrange for delivery and installation of the portals 
under the Agreement.  On June 3, MFA North America 
Department Head Vojislav Suc told DCM and Pol-Miloff that 
the EC had notified Slovenia that it would require more than 
two months to evaluate the Agreement.  Suc stressed that 
Slovenia intended to move forward with the installation of 
the portals despite the EC communication.  Slovenia had 
notified the EC in April 2005 that it had signed the 
Agreement with the U.S. 
 
3.  (U) Text of the Agreement: 
 
AGREEMENT BETWEEN THE DEPARTMENT OF ENERGY OF THE UNITED 
STATES OF AMERICA AND THE MINISTRY OF FINANCE OF THE 
REPUBLIC OF SLOVENIA FOR COOPERATION IN THE PREVENTION OF 
ILLICIT TRAFFICKING IN NUCLEAR AND OTHER RADIOACTIVE 
MATERIALS 
 
The Department of Energy of the United States of America 
(DOE) and the Ministry of Finance of the Republic of 
Slovenia (MOF), hereinafter referred to as the "Parties"; 
 
Desiring to implement the Agreement between the United 
States of America and the Republic of Slovenia Concerning 
Cooperation in the Prevention of the Proliferation of 
Weapons of Mass Destruction of June 21, 1999, as amended, 
which entered into force June 26, 2000 (hereinafter referred 
to as the "Non-Proliferation Agreement"); 
 
Desiring to cooperate to prevent the illicit trafficking in 
nuclear and other radioactive materials through technical 
and methodological cooperation, including the improvement of 
systems for the detection and identification of these 
materials at the Port of Koper and other Republic of 
Slovenia points of entry/exit as the Parties mutually 
determine; and 
 
Having regard to the obligations of the Republic of Slovenia 
deriving from its membership in the European Community and 
the European Atomic Energy Community; 
 
Have agreed as follows: 
 
Article 1 
 
1. This Agreement and all activities undertaken in 
accordance with this Agreement shall be subject to and 
governed by the provisions of the Non-Proliferation 
Agreement. Except as expressly stated herein, in the event 
of any inconsistency between this Agreement and the Non- 
Proliferation Agreement, the provisions of the Non- 
Proliferation Agreement shall prevail. 
 
2. This Agreement shall be implemented by each Party 
consistent with the domestic laws of that Party's State and 
with international agreements to which that Party's State is 
a party and other international law to the extent 
applicable. 
 
Article 2 
 
1.   The DOE, through its National Nuclear Security 
Administration, may provide the MOF, through its Customs 
Administration (CA), technical assistance in the form of 
equipment, materials, training and services for CA's use at 
the Port of Koper and other Republic of Slovenia points of 
entry/exit as the Parties mutually determine, for the 
purpose of detecting and interdicting illicit trafficking in 
special nuclear material and other radioactive material 
 
 
which is entering or exiting the territory of the Republic 
of Slovenia. 
 
For purposes of this Agreement, "special nuclear material" 
means plutonium, and uranium enriched to levels of 20% or 
higher in the isotope U-235.  "Other radioactive materials" 
include, but are not limited to, radioactive sources 
suitable for use in radiological dispersal devices. 
 
2.   DOE's technical assistance, rendered to the CA, may 
include: 
 
a.   Delivery and installation at the Port of Koper and 
other Republic of Slovenia points of entry/exit as the 
Parties mutually determine, of equipment adapted as 
appropriate for customs control conditions (including 
testing, setup and demonstration of the equipment); 
 
b.  Delivery of spare parts kits, test equipment and other 
maintenance equipment to maintain the DOE-provided 
equipment; 
 
c.   Training of CA personnel and other appropriate 
personnel in detection of special nuclear material and other 
radioactive materials and in the proper use and maintenance 
of the equipment provided by DOE; 
 
d. Additional areas of cooperation as may be agreed by the 
Parties in writing. 
 
3.   By mutual agreement of both Parties, technical 
workshops, consultations, site surveys and acceptance 
testing of materials and installed equipment may be 
conducted.  By agreement of the Parties, joint working 
groups of technical experts may be formed to exchange 
technical information and to make proposals on technical and 
training matters related to the effective implementation of 
this Agreement. 
 
4.   The terms and conditions under which assistance may be 
provided under this Agreement shall be set forth in 
contracts or other written arrangements between DOE and MOF 
or their designated implementing agents.  In case of any 
inconsistency between these contracts or other written 
arrangements and this Agreement, the provisions of this 
Agreement shall prevail. 
 
5.  The MOF or its designated implementing agents shall 
coordinate with other appropriate Republic of Slovenia 
government agencies and organizations to ensure that 
equipment, materials, services and training provided to the 
MOF under this Agreement are afforded priority processing to 
allow prompt engineering approvals and equipment and 
materials deliveries to their ultimate destination within 
the Republic of Slovenia. 
 
6.  The MOF shall facilitate the inspection, by appropriate 
Republic of Slovenia ministries and other government 
agencies, of all equipment and materials received under this 
Agreement, and submit to DOE, within 10 days of receipt, 
written confirmation of the acceptability of such equipment 
and materials, and that they conform to the specifications 
made available in advance to the MOF.  The MOF shall also 
confirm the arrival of such equipment and materials at their 
agreed destinations.  The terms and conditions for repair or 
replacement of non-complying equipment or materials will be 
set forth in the contracts or other written arrangements 
under which equipment and materials are provided under this 
Agreement. 
 
Article 3 
 
1.  Each Party may, following written notification to the 
other Party, delegate responsibilities for the 
implementation of this Agreement to other government 
agencies, departments or units of its respective Government. 
 
2.  Each Party may, following written notification to the 
other Party, designate technical liaison representatives for 
equipment, materials, training and services provided 
pursuant to this Agreement. 
 
Article 4 
 
The MOF, through the CA, shall furnish the Bureau of Customs 
and Border Protection of the United States of America with 
data on any detections or seizures of unauthorized special 
nuclear material and other radioactive materials that are in 
 
breach of customs legislation, in accordance with the 
provisions of the Agreement between the United States of 
America and the European Community on Customs Cooperation 
and Mutual Assistance in Customs Matters of 28 May 1997 as 
amended. 
 
Article 5 
 
The Parties understand that any taxes or duties on 
equipment, materials, training or services provided by the 
DOE under this Agreement are to be paid by the Republic of 
Slovenia. 
 
Article 6 
 
All questions regarding the interpretation or application of 
this Agreement shall be resolved by means of consultations 
between the Parties. 
 
Article 7 
 
1. This Agreement shall be applied provisionally from the 
date of signature, and shall enter into force when the 
Parties' Governments notify each other in writing that all 
applicable procedures required for entry into force have 
been fulfilled. 
 
2. This Agreement shall remain in force for the duration of 
the Non-Proliferation Agreement. The Agreement may be 
amended by written agreement of the Parties and may be 
terminated by either Party upon written notification to the 
other Party 90 days prior to its intention to do so. 
 
DONE at Ljubljana this 4th day of April, 2005, in duplicate 
in the English language. 
 
 
/s/ Thomas B. Robertson            /s/ Andrej Bajuk 
FOR THE DEPARTMENT OF ENERGY  FOR THE MINISTRY OF FINANCE 
OF THE UNITED STATES OF       OF THE REPUBLIC OF SLOVENIA: 
AMERICA: 
 
4. (U)  On April 5, 2005, Embassy delivered reftel 
diplomatic note (No. 04-2005, dated April 4, 2005) to the 
Slovenian MFA, indicating that the USG had completed all 
necessary procedures prior to the Agreement's entry-into- 
force.  MFA replied on 23 May 2005 with the following note: 
 
Republic of Slovenia 
Ministry of Foreign Affairs 
 
No. ZMP-223/2002 
 
The Ministry of Foreign Affairs of the Republic of Slovenia 
presents its compliments to the Embassy of the United States 
of America in Ljubljana and has the honour to communicate 
that the legal requirements for the entry into force of the 
Agreement between the Ministry of Finance of the Republic of 
Slovenia and the Department of Energy of the United States 
of America for Cooperation in the Prevention of Illicit 
Trafficking in Nuclear and Other Radioactive Materials, done 
at Ljubljana on 4 April 2005 have been fulfilled. 
 
In accordance with Article 7, paragraph 1 of the Agreement, 
the Agreement will enter into force when the Parties' 
Governments notify each other in writing that all applicable 
procedures required for entry into force have been 
fulfilled.  The Ministry would therefore highly appreciate 
the confirmation of the receipt of this Note and the 
notification of fulfillment of applicable procedures 
required on the side of the United States of America. 
 
The Ministry of Foreign Affairs of the Republic of Slovenia 
avails itself of this opportunity to renew to the Embassy of 
the United States of America in Ljubljana the assurances of 
its highest consideration. 
 
Ljubljana, 23 May 2005 
 
5.  (U) Embassy responded to the Slovenian note on May 25, 
2005, with the following note: 
 
No. 08-2005 
 
The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the 
Republic of Slovenia and has the honor to refer to the Note 
dated May 23, 2005, from the Ministry of Foreign Affairs 
 
 
(No. ZMP-223/2002) regarding entry into force of the 
Agreement between the Department of Energy of the United 
States of America and the Ministry of Finance of the 
Republic of Slovenia for Cooperation in the Prevention of 
Illicit Trafficking in Nuclear and Other Radioactive 
Materials dated April 4, 2005 (the "Agreement"). 
 
The Embassy has received the aforementioned Note.  In 
accordance with Article 7, paragraph 1 of the Agreement, the 
Embassy already informed the Ministry of Foreign Affairs 
that the Department of Energy had fulfilled all applicable 
procedures for entry into force of the Agreement via 
Diplomatic Note (No. 04-2005) dated April 4, 2005. 
 
The Embassy of the United States of America avails itself of 
this opportunity to renew to the Ministry of Foreign Affairs 
the assurances of its highest consideration. 
 
Embassy of the United States of America, 
Ljubljana, May 25, 2005. 
 
ROBERTSON 
 
 
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 2005LJUBLJ00407 - Classification: UNCLASSIFIED 


 
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