U.S., Russia Near Liability Accord
Claire Applegarth
U.S. and Russian negotiators say
they are coming closer to resolving
a long-standing dispute
that for nearly two years has stymied
a joint program to dispose of tons of
weapons-grade plutonium. However,
the hopes that a deal could be reached
in time for a May 9 meeting of Presidents
George W. Bush and Vladimir
Putin were dashed.
Instead, the two sides issued a statement
after the summit, saying that
“significant progress” had been made
in the dispute over who should assume
liability for damage to relevant Russian
nuclear facilities. The United States has
been attempting to place the full burden
on Russia.
Negotiators now hope to reach agreement
on the issue by the start of a July
Group of Eight summit meeting in Gleneagles,
Scotland.
The dispute concerns liability language
contained in agreements governing
key Department of Energy threat
reduction programs in Russia that expired
in 2003.
The United States has insisted that it
would not renew the agreements unless
they were governed by different liability
provisions than the programs’ agreements
currently include. U.S. officials wanted to
use terms similar to those of a 1992 Cooperative
Threat Reduction “umbrella agreement”
that covers Department of Defense
U.S.-Russian threat reduction efforts. (See
ACT, September 2003.)
The umbrella agreement holds Russia
fully accountable for all nuclear accidents
in its facilities, even if the act was premeditated.
Russia has refused to accept
such blanket responsibility and has not
ratified the umbrella agreement, which is
now set to expire next summer.
Nonetheless, the United States has pressed since 2003
to apply similar language
as that of the umbrella agreement’s liability provisions to
the Energy Department programs as well. Those efforts
have gone nowhere.
Eager to renew work
on a program to
dispose of weaponsgrade
plutonium, the
Bush administration
offered a compromise
earlier this year. Since
then, the two sides
have tried to come to
a deal. The program
implements a 2000
bilateral accord calling
for the United
States and Russia
each to dispose of 34
metric tons of excess
weapons-grade plutonium.
Because of the liability dispute, the
Energy Department has not been able
to begin construction of a mixed-oxide
(MOX) fuel fabrication facility in Russia
to dispose of excess plutonium and has
now pushed back the tentative completion
date to 2010. The delay has also
held up construction of a U.S.-based
MOX facility designed to fulfill the U.S.
end of the 2000 agreement.
The current U.S. proposal, while
solely addressing plutonium disposition,
could act as a template for the negotiation
of liability language for other
activities that have been stymied by
liability concerns. One of these is the
Nuclear Cities Initiative, a program that
seeks to downsize the Russian nuclear
weapons complex and direct Russian scientists into peaceful enterprises,
which also lapsed in 2003. A liability
accord could potentially jump-start
work on several non-threat reduction
efforts as well, including a Joint Data
Exchange Center near Moscow.
The holdup in disposition efforts is
cause for concern among some U.S. lawmakers.
Senator Pete Domenici (R-N.M.),
who in 1998 secured an initial appropriation
of $200 million for the plutonium
disposition program, expressed
disappointment that Bush and Putin
were unable to reach accord on liability
during their February summit meeting.
Earlier, in a Feb. 17 confirmation hearing
for Secretary of State Condoleezza Rice,
Domenici said he was “frustrated that
opposition from within our own government
over the liability issue has delayed the startup of operations.”
Liability has been only one, albeit
significant threat reduction issue raised
on recent visits to Moscow by Rice
and Bush. Access to Russian nuclear
facilities has also proven a contentious subject, as the United States has historically
sought entry into some of Russia’s
closed sites. Rice, in response to a question
from Ekho Moskvy Radio April 20,
said she thought the United States had
“made improvements in our access to
these sites.” Russian Defense Minister Sergei
Ivanov denied any talk of the matter,
however, telling Interfax News that U.S.
visits to Russian nuclear installations “are
not under consideration.”
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