JOINT KEDO-DPRK PRESS STATEMENT The Korean Peninsula Energy Development Organization (KEDO) and the Democratic People's Republic of Korea (DPRK) today concluded in New York City an agreement on the supply of a light- water reactor (LWR) project to the DPRK. This Supply Agreement, which is the result of talks that began September 11 in Kuala Lumpur and resumed October 16 in New York City, was concluded in accordance with the U.S.-DPRK Agreed Framework of October 21, 1994, and the U.S.-DPRK Joint Press Statement of June 13, 1995. Throughout these negotiations, both delegations conducted themselves in a professional and constructive manner that led to the successful conclusion of the negotiations. Ambassador Stephen W. Bosworth, KEDO's Executive Director who led the KEDO delegation, and Ambassador-at-Large Ho Jong, who led the DPRK delegation, signed the Agreement. This Agreement marks an important step towards the full implementation of the U.S.-DPRK Agreed Framework and the U.S.- DPRK Joint Press Statement of June 13, 1995. Both KEDO and the DPRK will continue to perform in good faith and cooperative spirit their respective undertakings. Within the next few days, KEDO will send a third site survey team to the survey area, and during the coming months KEDO and the DPRK will hold a series of further discussions on additional details concerning the LWR project. FACT SHEET THE SUPPLY AGREEMENT SIGNED BETWEEN THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION (KEDO) AND THE GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (DPRK) ON DECEMBER 15, 1995 Scope of Supply KEDO will provide two light-water-reactor (LWR) units with a total generating capacity of approximately 2,000 MW (e) to the DPRK on a turnkey basis. The reactor model, selected by KEDO, will be of advanced US-origin design and technology. The LWR project will conform to a set of codes and standards equivalent to those of the IAEA and the U.S. and applied to the reactor model selected by KEDO. KEDO will be responsible for: ( Site survey and preparation ( Technical documents necessary for the operation and maintenance of the LWR plants ( Certain preconstruction infrastructure integral to and exclusively for use in the construction of the LWR plants ( A comprehensive training program for the operation and maintenance of the LWR plants, including provision of full-scope simulator ( Inventory of spare parts, wear parts, consumables and special tools as KEDO deems necessary for a two-year period of plant operation ( A low and medium radioactive waste storage building with a ten-year storage capacity for the two LWR plants ( Nuclear fuel for the initial loading of each LWR, including such fuel rods as may be necessary to preserve safety for initial operation ( Certain technical support services for operation and maintenance of the first LWR plant for one year after its completion ( Other items Terms of Repayment KEDO shall finance the cost of the tasks and items specified above KEDO will be repaid by the DPRK interest free over 20 years, inclusive of a three-year grace period, beginning with completion of each LWR. Repayment will occur in equal, semiannual installments Repayment may be in cash, equivalents or through transfer of goods Delivery Schedule KEDO will develop a delivery schedule for the LWR project aimed at achieving a delivery date of 2003. This delivery schedule is mutually conditional with the following steps by the DPRK. DPRK will: ( Continue to freeze its graphite-moderated reactors and related facilities, and refrain from building the same ( Allow the IAEA to resume ad hoc and routine inspections of facilities not covered by the nuclear freeze when the Supply Agreement is signed ( Continue to cooperate on the sage storage and ultimate disposition of spent fuel from its 5 MW (e) experimental reactor ( Remain a party to the Treaty on the Non- Proliferation of Nuclear Weapons and allow implementation of its safeguards agreement under this Treaty ( Come into full compliance with its IAEA safeguards agreement when a "significant portion" of the LWR project is completed, but before the delivery of key nuclear components ( Conclude a bilateral agreement for peaceful nuclear cooperation with the U.S. prior to the delivery of key nuclear components (if U.S. firms provide such components) ( Transfer spent fuel from its 5 MW (e) reactor from the DPRK when the delivery of key nuclear components for the first LWR begins ( Begin to dismantle its frozen graphite-moderated reactors and related facilities upon completion of the first LWR and complete dismantlement upon completion of the second LWR (A separate protocol on the delivery schedule is scheduled to be concluded in 1997) Implementing Arrangements KEDO will select a prime contractor to carry out the LWR project and will conclude a commercial supply contract with this contractor KEDO will select a U.S. firm as program coordinator to assist KEDO in supervising overall implementation of the LWR project The DPRK will recognize KEDO's independent juridical status and shall accord KEDO and its staff privileges and immunities in the DPRK as necessary to carry out KEDO's functions The DPRK will take steps to protect the safety of and to extend consular protection to all personnel sent to the DPRK by KEDO, its contractors and subcontractors Services The DPRK will process for approval all applications, permits, licenses, etc. necessary for completion of the LWR project expeditiously and free of charge KEDO, its contractors and subcontractors and respective personnel shall be exempt from DPRK taxes, duties and charges in connection with the LWR project The DPRK shall, to the extent possible, make available at a fair price port services, transportation, labor, potable water, food, off-site lodging and offices, communications, fuel, electrical power, materials, medical services, currency exchanges and other financial services, and other amenities necessary for living and working by personnel sent to the DPRK by KEDO, its contractors and subcontractors KEDO, its contractors and subcontractors shall be allowed unimpeded access to the project site and to appropriate and efficient transportation routes to and from the project site KEDO, its contractors and subcontractors shall be allowed unimpeded use of available means of communications in the DPRK. KEDO, its contractors and subcontractors shall also be permitted to establish secure and independent means of communications for their offices based on a timely and case-by- case review of equipment requests and in accordance with relevant telecommunications regulations of the DPRK (A separate protocol on services (including services provided to KEDO, its contractors and subcontractors) is scheduled to be concluded during 1996) Site Selection and Study KEDO will conduct a site survey of Kumho area near Sinpo City The DPRK shall cooperate and provide KEDO with access to relevant available information (A separate protocol on site take-over is scheduled to conclude during 1996) Quality Assurance and Warranties KEDO is responsible for the design and implementation of a quality assurance program in accordance with the set of codes and standards equivalent to these of the IAEA and the U.S. and applied to the reactor model selected by KEDO KEDO will guarantee the generating capacity of each LWR at the time of completion KEDO will guarantee civil construction work and the major components of each plant for two years after completion. The guarantee on major components will not exceed five years after the shipment of such components (A separate protocol on quality assurance and warranties is scheduled to be concluded in 1996) Training KEDO will design and implement a comprehensive training program in accordance with nuclear-industry practice. Training will be held at mutually agreed locations as soon as practicable (A separate protocol on training is scheduled to be concluded in 1996) Operation and Maintenance KEDO will assist the DPRK to obtain LWR fuel (other than that provided in initial loading) through commercial contracts KEDO will assist the DPRK to obtain spare and wear parts, consumables and special tools and technical services through commercial contracts. KEDO will provide these items for an initial two-year period of plant operation KEDO and the DPRK will cooperate to ensure the safe storage of spent fuel from the LWR plants. If requested by KEDO, the DPRK must relinquish any ownership rights over the LWR spent fuel and agree to the transfer of the spent fuel out of the DPRK through commercial contracts Nuclear Safety and Regulation KEDO is responsible for assuring that the design, manufacture, construction, testing and commissioning of the LWR plants are in compliance with safety and regulatory codes and standards equivalent to those of the IAEA and the U.S. and applied to the reactor model selected by KEDO The DPRK is responsible for the safe operation and maintenance of the LWR plants, appropriate physical and environmental protection, and the safe storage and disposal of radioactive waste, including spent fuel Prior to shipment of any fuel assemblies, the DPRK will observe the provisions set forth in following Conventions: ( Convention on Nuclear Safety ( Convention on Early Notification of a Nuclear Accident ( Convention on Assistance in the Case of a Nuclear Accident of Radiological Emergency ( Convention on the Physical Protection of Nuclear Material After completion of the LWR plants, KEDO and the DPRK will conduct safety reviews to ensure the safe operation and maintenance of the LWR plants In the event of a nuclear emergency or accident, the DPRK will permit immediate access to the site and information by personnel sent by KEDO, its contractors or subcontractors to determine the extent of safety concerns and to provide safety assistance Nuclear Liability The DPRK will ensure a legal and financial mechanism is available in the event of a nuclear incident The above-mentioned legal mechanism will include the channeling of liability to the operator on the basis of absolute liability The DPRK will ensure that the operator is able to satisfy such liabilities Prior to the shipment of any fuel assemblies to the DPRK, the DPRK will enter into an indemnity agreement with KEDO Intellectual Property and Non-Replication KEDO and the DPRK agree to protect the confidentiality of the other side's intellectual property Neither KEDO nor the DPRK will replicate or copy any of the equipment or technology of the other side provided in connection with the LWR project Assurances The DPRK assures the following: ( The reactors, technology and nuclear material transferred for the LWR project as well as any nuclear material used therein or produced through the use of such items will be used exclusively for peaceful, non-explosive purposes ( The above items will be used properly and exclusively for the purposes of the LWR project ( The above items will not be transferred outside the DPRK without prior consent by KEDO ( The DPRK will apply IAEA safeguards to the LWR project ( The DPRK will not reprocess or increase the enrichment level of any nuclear material for the LWR project or any nuclear material used in or produced through the use of any reactor or nuclear material transferred in connection with the LWR project Actions in the Event of Noncompliance In the event of late payment or nonpayment by either side with respect to financial obligations incurred implementing the Supply Agreement, the other side will have the right to assess and apply penalties against that side (A separate protocol on actions in the event of noncompliance is scheduled to be concluded in 1996) The above information is only a summary of certain parts of the Supply Agreement signed by KEDO and the DPRK on December 15, 1995. It does not encompass all aspects of the Supply Agreement. INFORMATION AND BACKGROUND PAPER What is KEDO? The Korean Peninsula Energy Development Organization (KEDO), founded on March 9, 1995, is the international organization established to implement most of the "Agreed Framework" signed by the United States of America and the Democratic People's Republic of Korea (DPRK) on October 21, 1994. The Agreed Framework addresses international concerns about nuclear activities in the DPRK, and, it implemented, will ultimately lead to the complete dismantlement of those aspects of the DPRK's nuclear program, including reprocessing-related facilities, that have undermined the viability of the international nuclear non- proliferation regime and the stability of the Asia- Pacific region. The U.S.-DPRK Agreed Framework The Agreed Framework calls for the DPRK to: Freeze and eventually dismantle its graphite- moderated reactors (Dismantlement will be completed upon completion of a light-water reactor (LWR) project (see below)) Seal, cease activities at, and eventually dismantle all reprocessing-related facilities. (Dismantlement will be completed upon completion of LWR project) Cooperate in finding a safe method to store existing spent fuel from the DPRK's 5 MW (e) experimental reactor and to dispose of such fuel in a safe manner that does not involve reprocessing in the DPRK Allow the International Atomic Energy Agency (IAEA) to monitor the aforementioned freeze and to resume ad hoc and routine inspections of facilities not subject to the freeze upon conclusion of a Supply Agreement for the LWR project Come into full compliance with the DPRK-IAEA safeguards agreement upon completion of a significant portion of the LWR project Remain a party to the Nuclear Non-Proliferation Treaty (NPT) Engage in North-South dialogue, and take consistent steps to implement the North-South Joint Declaration on the Denuclearization of the Korean Peninsula In exchange for implementing its commitments under the Agreed Framework, the DPRK will receive: Two light-water, proliferation-resistant nuclear reactors (on a turnkey basis) with a total generating capacity of approximately 2,000 MW (e). KEDO will develop a delivery schedule for the LWR project aimed at achieving a completion date of 2003 150,000 tons of heavy-fuel oil for heating and electricity production by October 1995 and 500,000 tons annually thereafter until the start of full- power operation of the first light-water reactor (LWR) Formal assurances from the U.S. against the threat or use of nuclear weapons In addition to the above, the Agreed Framework calls for the U.S. and the DPRK to: Reduce barriers to trade and investment, including restrictions on telecommunications services and financial transactions Open a liaison office in the other's capital Upgrade bilateral relations to ambassadorial level following progress on issues of concern to each side KEDO's Obligations KEDO's primary obligations are to: Provide for the financing and supply of the LWR project Provide heavy fuel oil to DPRK according to the schedule in the Agreed Framework KEDO's Budget To fulfill its obligations over the next decade, including the supply of two LWRs and the provision of heavy fuel oil until completion of the first LWR, it is estimated KEDO must raise between US$4 billion and US$5 billion. Much of KEDO's costs are covered by Japan, the ROK, and the U.S., including all administrative costs. The ROK and Japan will finance a major portion of the LWR project, while the U.S. will contribute to the cost of heavy fuel oil and the safe storage of the DPRK's spent fuel. KEDO continues to need funding for the provision of heavy fuel oil. KEDO's Composition Current Membership: KEDO is currently composed of seven members: Australia, Canada, Finland, Japan, New Zealand, the Republic of Korea (ROK), and the U.S. Other countries have contributed to KEDO as non-members. KEDO expects membership to increase further over the next year. Executive Board and Staff: KEDO's Executive Board - consisting of representatives from the organization's three 'Original Members' (Japan, ROK, U.S.) - sets the general direction for KEDO. The Executive Director, the Hon. Stephen Bosworth (U.S.), and two Deputy Directors, Dr. Choi Young-Jim (ROK) and Mr. Itaru Umezu (Japan) are responsible for day-to-day operations. KEDO's staff consists of 26 professionals and expert consultants drawn mainly, but not exclusively, from Japan, the ROK and the U.S. The KEDO Secretariat is located in New York. General Conference and Advisory Committees: All members of KEDO play an active role in KEDO through their participation in KEDO General Conferences, which are held at the discretion of the Executive Board at intervals of no longer than one year. The Executive Board intends to hold frequent meetings in the initial years of KEDO's operations. All KEDO members may further participate in KEDO Advisory Committees, which are chaired by KEDO members other than Japan, the ROK, and the U.S. Advisory Committees meet at such times as they determine, and influence the decision making of KEDO through advice to the Executive Director and Executive Board. There are currently advisory committees for the LWR project, the safe storage and disposition of the DPRK's spent fuel, and the provision of heavy fuel oil to the DPRK. What Nuclear Reactor Model Will Be Provided? Following extensive negotiations between the U.S. and the DPRK in Kuala Lumpur in May-June, 1995, it was agreed the reactor model to be provided to the DPRK will be the Korean Standard Nuclear Power plant model currently under construction. The reference plants will be Ulchin 3 and 4, based in Ulchin, ROK. These nuclear reactors are an advanced version of US-origin design, and have undergone extensive safety analysis and documentation; they are considered among the best commercial plants available. International Safety Conventions Prior to the shipment of any fuel assemblies to the DPRK, the DPRK is required to ensure that the highest nuclear regulatory standards and procedures are in place to promote the safe operation of the LWRs. This includes observing provisions set forth in the Convention on Nuclear Safety, the Convention on Early Notification of a Nuclear Accident, the Convention on Assistance in the Case of a Nuclear Accident of Radiological Emergency, and the Convention on the Physical Protection of Nuclear Material. KEDO will assist the DPRK in developing the capability to operate and regulate its nuclear power facilities. Site Surveys KEDO site survey teams have undertaken two site surveys (Aug. 15- 22, Oct. 24-Nov. 7) in the Kumho area of the Sinpo region in the DPRK. The survey area, 22 kilometers-squared in size, had previously been selected for a similar DPRK-USSR study for the same purpose. No formal designation of this site as the location of the LWR project has been made. A third site survey will take place in late December 1995 and early 1996. Actions and findings: The general area is believed suitable for the LWR project. The exact location may be selected from four potential sites in the area KEDO survey teams have addressed potential concerns relating to seismology, environmental safety, and constructability. Following extensive consultations with the DPRK and on-site visual surveys conducted by KEDO experts, there do not appear to be any significant concerns that would impact construction of the LWR project. Seismic monitoring is underway. More site-specific data collection and analysis to determine site characteristics related to constructability and safety will by conducted during the next site survey. Site-specific safety analysis includes the effect on plant design of factors such as population density, industrial activity, regional weather conditions, and water levels in and around the potential location of the LWR project. Site- specific analysis is primarily intended to ensure that public safety and ecological issues are adequately accounted for in the design of the LWR project. Survey experts will address these and additional issues in the period leading up to and including the site preparation. Oil Shipments to the DPRK (through October, 1995) DATE (1995) METRIC TONS TOTAL COST - US $ (cargo, insurance, freight) January 16* 22,428.000 2,393,574.90 January 19* 27,972.000 2,895,245.10 August 18 20,299.155 2,081,283.86 August 24 20,192.795 2,071,913.10 September 29 21,591.743 2,199,557.75 October 9 8,151.535 830,399.48 October 18 15,156.000 1,502,155.27 October 28 15,000.000 1,546,076.08 TOTAL 150,791.228 15,580,205.54 * Shipment arranged and funded by U.S. Department of Defense prior to KEDO's founding