VZCZCXRO3454
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSA #0840 1121336
ZNR UUUUU ZZH
R 211336Z APR 08
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 4214
RHEBAAA/DEPT OF ENERGY WASHINGTON DC
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 0790
RUEHLO/AMEMBASSY LONDON 1502
RUEHMO/AMEMBASSY MOSCOW 0792
RUEHNE/AMEMBASSY NEW DELHI 0484
RUEHFR/AMEMBASSY PARIS 1342
RUEHUL/AMEMBASSY SEOUL 0240
RUEHKO/AMEMBASSY TOKYO 0521
RUEHBS/USEU BRUSSELS
RUCPDC/DEPT OF COMMERCE WASHDC
RUEHUNV/USMISSION UNVIE VIENNA 0287 UNCLAS PRETORIA 000840 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR AF/S, EEB/ESC, ISN 
DOE FOR T.SPERL, G.PERSON, A.BIENAWSKI, L.PARKER, M.SCOTT 
 
E.O. 12958: N/A 
TAGS:          
SUBJECT: PROPOSED LANGUAGE FOR AGREEMENT ON NUCLEAR R&D 
COOPERATION 
 
REF: A. YOUNG-SCOTT-BURKHART E-MAIL APRIL 4 
      B. PRETORIA 455 AND PREVIOUS 
 
 1.  Action Request in paragraph 5. 
 
 2.  The Embassy has received diplomatic note FA3/D8 dated 
April 17, 2008 from the DFA with a proposed change to one 
paragraph in the IP Annex for the draft US - SA Agreement on 
Cooperation in R&D in Nuclear Energy.  The text of the 
diplomatic note is as follows: 
 
The Department of Foreign Affairs of the Republic of South 
Africa presents its compliments to the Embassy of the USA and 
has the honor to refer to the Draft Agreement between the 
Government of the USA and the Government of the RSA on 
Cooperation in Research and Development of Nuclear Energy. 
 
The Department of Foreign Affairs has the honor, with 
specific reference to Paragraph II.B.2(b) of the Annex on 
Intellectual Property Rights, to attach a revised draft 
Agreement for review and comment by the relevant authorities 
of the USA. 
 
The Department of Foreign Affairs of the RSA avails itself of 
this opportunity to renew to the Embassy of the USA the 
assur!QQQL)X_Arrangement has 
led or will lead to the creation or furnishing of a type of 
intellectual property that it protects but is not protected 
throughout the territory of the other Party, the Parties 
shall immediately hold discuss (sic) to determine the 
allocation of the rights to the said intellectual property. 
The joint activities in question will be suspended during the 
discussions, unless otherwise agreed by the Parties thereto. 
If no agreement can be reached within the three month-period 
from the date of the request for discussions, cooperation on 
the project in question will be suspended or terminated by 
the request of either Party. 
 
 4.  Post submitted the revised draft agreement text in 
entirety by Ref e-mail dated April 4.  DFA and the Department 
of Minerals and Energy told Embassy Officers the only change 
from the previous draft is the paragraph noted in the Annex 
on Intellectual Property Rights.  Energy Officer was told 
this language was used in the Euratom-U.S. INERI Agreement. 
The SAG hopes the USG can agree to this precedent-derived 
change that would overcome a SAG legal objection to the 
earlier draft's IP Annex. 
 
 5.  Action Request for State and DOE: Embassy requests State 
and DOE to consider the proposed language for the IP Annex of 
the draft Agreement between the GoUSA and the GoRSA on 
Cooperation in Research and Development of Nuclear Energy. 
 
 
BOST