DECLASStFtED N RR i'Y bL f BY z__'7t J 1J' CiJ NA RADATE I y - SYSTEM II 90353 THE WHITE HOUSE WASHINGTON CHRON FILE June 4 1982 NATIONAL SECURITY DECISION DIRECTIVE NUMBER 39 UNITED STATES POLICY ON FOREIGN REPROCESSING AND USE OF PLUTONIUM SUBJECT TO U S CONTROL I have reviewed the interagency report on United States policy on foreign reprocessing and use of plutonium subject to U S control as forwarded by the Department of State's memorandum of May 26 1982 and have approved the policies recommended in that report and as set forth below o With respect to Japan the United States will offer 1 an advance consent arrang ment for certain reprocessing retransfers for reproeessi g arid use of U S -controlled material in programs for which available information allows the United States to make -the necessary statutory determinations and 2 a statement of intention to approve use of such material in future programs in Japan and retransfers for reprocessing to EURATOM or other mutually agreed countries in future facilities when sufficient information is available to allow the United States to make the necessary statutory determinations It is understood that an advance consent arrangement could include retransfer of-spent fuel from Japan t6 facilities in France and the United Kingdom for reprocessing reprocessing at the Tokai-Mura plant for its operative life use of plutonium in Japan's breeder advanced reactor and thermal recycle programs and return of separated plutonium from France and the United Kingdom for these programs These approvals will be subject to the conditions in the agreement continuing to be met including necessary nonproliferation and statutory conditions such as those on safeguards and physical security and to a continued strong commitment by Japan to non-proliferation efforts The United States will offer the above in the context of seeking a new or amended agreement for peaceful nuclear cooperation in traditional form or if that form is not acceptable to Japan in another appropriate form containing equivalent provisions The United States will be flexible on the form an agreement might take if it contains equivalent provisions in substance and will seek to complete negotiations at an early date if possible within one year If Japan proves unwilling to accept equivalent provisions the Senior Interagency Group will reassess the matter CHRON FILE 2 o With respect to EURATOM the Unite d States will seek to obtain a right of consent over reprocessing of U S -controlled material and provide approvals equivalent to those offered to Japan Those approvals will be subject to similar conditions and in similar form as those offered to Japan o With respect to U S exports the United States will permit the export of U S s e nsitive reprocessing technology and e quipment for facilities in Japan and EURATOM if the necessary statutory requirements and Nuclear Supplier Group Guidelines are satisfied and assuming a continued commitment by the recipient country to non-proliferation efforts and to strengthening International Atomic Energy Agency safeguards and physical security measures to be applied at a facility using or d e emed to be derived from U S -supplied technology or equipment o With respect to other countries if so requested the United States will 1 grant advance approval for retransfers to the United Kingdom and France for reprocessing of U S controlled material in facilities for which available information allows the necessary statutory determinations to be made and 2 state its intention to provide approval for such retransfers to future facilities in EURATOM or other mutually agreed countries when sufficient information is available to allow the necessary statutory determinations to be made The United States will retain approval rights over the disposition of the plutonium The United States will make clear to its coo p erating partners that these approaches are premised on the expectation of improved non-proliferation cooperation particularly on pressing proliferation problems in sensitive regions of the world and of their implementing more effective controls on civil plutonium Consultations on the substance of these proposals should be commenced promptly with allies and to ensure sufficient support with key members of Congress The Senior Interagency Group will monitor the negotiations implementing the above policies and Congressional reactions and will review any significant issues that may arise Any a g ency differences will be forwarded for my consideration sECRET ey C V Jflfuf I S c pieS N3 ' This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu