Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 aounuo nun Wu our o oo bot moor mtg me Executive Filo Cloaranoa For Corrocuon - For Your Information OGC REGISTRY -- ADDED 22 JAN 91- NOT this tom at a RECORD 0 approvals ooncurmwo o disposals cloaranoao and at actions - Ml A Room No 43 Acting Phona No Ion-m OHIONAL FORM 41 Rov 7-76 Proao had 08A m MIMI Ila-H 206 Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 TAT 25x1 Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 o a 0 2 2 90 Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP1OM02313R000100830001-8 SYSTEM II 90353 THE WHITE HOUSE WASHINGTON June 4 1982 OFFICIAL USE ONLY SECRET ATTACHMENT MEMORANDUM FOR THE VICE PRESIDENT THE SECRETARY OF STATE THE SECRETARY OF DEFENSE THE SECRETARY OF COMMERCE THE SECRETARY OF ENERGY THE DIRECTOR OF CENTRAL INTELLIGENCE CHAIRMAN JOINT CHIEFS OF STAFF CHAIRMAN NUCLEAR REGULATORY COMMISSION DIRECTOR ARMS CONTROL AND DISARMAMENT AGENCY SUBJECT United States Policy on Foreign Reprocessing and Use of Plutonium Subject to 0 5 Control Attached is a corrected first page for NSDD 39 on the above subject which should be substituted for the copy circulated by NSC memorandum of June 4 1982 It incorporates a sentence from the interagency recommendations that was inadvertently omitted FOR THE PRESIDENT 45 William P Clark Attachment NSDD 39 cc Counsellor to the President The Director Office of Management and Budget Chief of Staff to the President Deputy Chief of Staff to the President Director Office of Science and Technology Policy OFFICIAL USE ONLY SECRET ATTACHMENT 7 01 coptes Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 -Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 SYSTEM II 90353 THE WHITE HOUSE WASHINGTON June 4 1982 SECRET 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 0 With respect to Japan the United States will offer 1 an advance consent arrangement for certain reprocess- ing retransfers for reprocessing and 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 under- stood that an advance consent arrangement could include retransfer of spent fuel from Japan to 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 non proliferation 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 matterPart - Samtnzed Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 I Declassmed In Part - Samtnzed Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 DDI 4750-82 10 June 1982 MEMORANDUM FOR Deputy Director of Central Intelligence VIA Deputy Director for Intelligence %14 kf 237 FRQM 25x1 Acting Special Assistant for Nuclear Proliferation Intelligence SUBJECT Comment on US Policy on Foreign Reprocessing and Use of Plutonium 1 This memorandum is for your information only 2 'The President's Decision National Security Decision Directive 39 approved by the President on 4 JUne 1982 is the culmination of an interdepartmental review that began last sum mer In the mist 'direCt terms 'it amounts to assent and possible assismnceT to reprocessing and the use 'Of plutonium I a in Japan and the EURATOM countries and b in certain other countries under conditions that would require US approval over the use of plutonium from US controled material The policy includes an expectation that these countries will 3 improve their cooperation with the US in nonproliferation efforts par- ticularly in sensitive regions of the world and_b implement more effective controls safeguards on plutonium 3 The policy decision was made with an awareness of the following considerations - State's view that the capability of the US to prevent theft and diversion of plutonium through technical manipulation of the fuel The PreSident s Natibnal Security Decision Directive on US Non- proliferation and Peaceful Nuclear Cooperation Policy 16 July 1981 mandated a review of possible approaches for developing a predictable policy for the exercise of US approval rights for reprocessing spent fuel retransferring Spent fuel for reprocess ing and plutonium use under agreements for peaceful nuclear cooperation including new and amended agreements 25x1 4 27 I 30 25 Declassmed In Part - Samtnzed Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 25Xl Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 DDI 4750-82 SUBJECT Comments on NSDD-SQ US Policy on Foreign Reprocessing and Use of Plutonium cycle is limited and that the US also must focus on the political and ndlitary aspects of the problem --Congressional critics will strongly oppose any orm approval for plutonium use in Japan or elsewhere and will view the policy as a bad precedent and serious weakening of US nonpro- liferation efforts The concerns of the NuClear RegulatOry CommiSSian that more attention Beipaid to the safeguardability of plutonium and the related issue of-the timely warning of any diversion from non-military to military uses 4 PTOSpeCtive Inquiries Concerning the Role 'Of 'Inte'llige'ncie The challenge to intelligence is the timely and reliable detection of any diversion of plutonium In two recent memoranda copies attached we reported to the DCI that this task is extraordinarily difficult NSDD-39 is likely to spawn inquiries from the Congress concerning our overall capabilities for this and related proliferation problems in addition to those already received on the subject of the detection of possible safeguards violations 25X1 Attachments As Stated cc NIC SECRET 25 Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP1OM02313R000100830001-8 25x1 In Part - Sanitized Copy Approved fgr_R_el_ease 2012 03 12 CIA-RDP10M02313R000100830001-8 DDI 4750-82 SUBJECT Comment on NSDD-39 US Policy on Foreign Reprocessing and Use of Plutonium I Distribution Orig - DDCI Executive Registry wo att DDI wo att NIC wo att DDI Registry wo att SECRET 25X1 Declassified in Part - Sanitized Copy Approved for Release 2012 03 12 CIA-RDP10M02313R000100830001-8 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