Goals and Significance of the Iran Deal

Goals and Significance of the Iran Deal

by

Howard Adelman

This past summer, John Robson wrote an op-ed in the National Post (17 July 2015) claiming that, “those most determined to stop Iran from going nuclear are most unhappy with the deal.” He went from that assumption to its presumed opposite, asserting that those most committed to the deal then must have a very different agenda than stopping Iran from acquiring nuclear weapons. He speculated that it might mean a desire to promote regime change provided that this happens before Iran goes nuclear in ten years. Or perhaps the real motive is a soft-headed rather than hard-hearted intent simply to delay Iran going nuclear for just ten years. (He did not write soft-hearted versus hard-headed, but if he so deliberately turns what is written on its head, he perhaps deserves the same treatment, even if only for a weak attempt at humour.)

However, ignoring the extreme misrepresentation for the moment, just look at the bad logic. To repeat, he insists that, “those most determined to stop Iran from going nuclear are most unhappy with the deal.” But is it not more valid to assert that those most unhappy with the deal are more determined to continue economically crippling Iran so it is less able to pursue its hegemonic program in the Middle East and enhance its extreme antagonism towards Israel than they are determined to stop Iran from going nuclear? The presumption that Netanyahu and his ilk are the ones most determined to stop Iran from going nuclear is a presumption, not a fact, and I would argue a false one. Further, even if it was accepted that the extreme opponents of the deal are the ones most determined to stop Iran from going nuclear – a very questionable assumption indeed – it does not follow that this is the reason that they are unhappy with the deal.

The false assumptions and illogic in reasoning is also to be found in the characterization of the proponents of the deal. While those proponents, as I indicated in my last blog, have a modest agenda focused only on making sure Iran does not develop nuclear weapons and that they have no agenda beyond that, the argument that they must have another hidden agenda, such as an illusionary expectation of regime change, does not follow from the argument that the opponents of the deal are most determined to stop Iran from becoming nuclear. It is both logically and empirically possible that the proponents and opponents are equally, or almost equally opposed to Iran not acquiring nuclear arms, but either side may have additional, and often very understandable and even commendable goals separate from that one, such as the fairly obvious one, that Netanyahu also has the goal of keeping Iran crippled economically.

Now I wish that John Robson were just an extreme example of a critic who is both illogical and misrepresents reality, but, unfortunately, this is not the case. He may teach history in Ottawa and be a journalist and documentary filmmaker, but he also may be one of the stupidest critics of the accord. He, however, has lots of company, though many do not defend that opposition on the basis of sheer partisanship that is immune to wrestling with facts and rational argument.

Take another critic of the accord, Shimon Kofler Fogel, CEO for the Centre for Israel and Jewish Affairs (CIJA), the Canadian counterpart to America’s AIPAC. At least in his op-ed alongside John Robson’s, he says what he believes is wrong in his view of the deal, that it fails to leverage the diplomatic and economic pressure on Iran to reign in its hegemonic foreign policy goals and its extreme antipathy to Israel. He is absolutely correct. It does not do that. Further, all parties negotiating with Iran did not believe that was a feasible goal. But Fogel, though accurate about the non-achievement of the accord, is also guilty of false reasoning. If the weight of sanctions coerced the Iranian regime to come to the negotiating table, then, he argues, it follows that those conditions can and ought to have been used to modify Iranian foreign policy. But that does not follow at all, not only not for Iran, but for virtually all of the other representatives of the six nations negotiating with Iran.

The fact that Iran is the leading sponsor of terror in the Middle East (I personally think ISIS is, but Iran is horrible enough, and the point is not worth debating here), that it is a brutal regime with an enormous number of executions per year and extreme repression of its minorities, mainly Bahá’is, does not invalidate the value of the agreement. Fogel’s recommendation that relief from the sanctions should be tied to Iranian tangible progress on reducing Iran’s role as a state-sponsor of terror is disingenuous. For, to repeat, it was neither the goal of the negotiations nor one that any reasonably-knowledgeable person argues could be achieved by negotiations at this time. The agreement already allows for his other recommendations – continuing to define Iran as a state-sponsor of terrorism, continuing the criticism of Iran for its horrendous human rights record and the continuing use of sanctions for these reasons – quite separate from the provisions of the Special Economic Measures Act.

The goal of the negotiations with Iran was clearly spelled out in Obama’s first election platform, but particularly in the Prague Agenda articulated in an Obama speech in Hradčany Square of the Czech capital on 5 April 2009, which focused on Iran, not as a rogue state, not as a promoter of terrorism, not as a human-rights abuser and, most of all, not as an intractable enemy of Israel. The focus was on promoting the peaceful use of nuclear energy and reinforcing mechanisms in the Nuclear Non-Proliferation Treaty. Obama was intent on reducing the risks posed by nuclear weapons while simultaneously supporting and promoting nuclear energy as an alternative for peaceful purposes.

The Prague Agenda included a broad swath of goals, many since achieved:

  • Negotiating a new START (Strategic Arms Reduction Treaty) with Russia to reduce their strategic nuclear arsenals by 30%;
  • Cancellation of the Bush plan to deploy ground-based strategic missile interceptors in Europe;
  • Restricting the strategic use of America’s nuclear arsenal to deterrence only;
  • Banning nuclear testing for the future.

The Prague Agenda included further restrictions on North Korea and Pakistan, but these have notably not been achieved. However, one goal concerning Iran, rallying international support and engaging Iran to resolve the crisis over its military nuclear program, has now finally been achieved after over five years of work. “My administration will seek engagement with Iran based on mutual interests and mutual respect. We believe in dialogue. But in that dialogue we will present a clear choice. We want Iran to take its rightful place in the community.” (my italics) Israel wanted no such result for this regime.

Making the world safer from nuclear terror and reigning in Iran did not supplant the need for deterrence and a strong regional strategy. (As we shall see, it may have had an inadvertent impact on it.) Further, the achievement of such a goal of eliminating the prospect of Iran becoming a nuclear power had to meet a number of criteria:

  1. The strongest inspection and verification system ever;
  2. Elimination of advanced centrifuges and a significant reduction of older models;
  3. A virtual elimination of Iran’s stockpile of highly enriched uranium
  4. Sanctions relief as a quid pro quo;
  5. Spelling out repercussions in case of violations.

A further word is needed on the prospect of regime change in Iran and transformation of its confrontational ideology. Paul Berman in The Tablet on 15 July 2015 focused on a single paragraph in Obama’s speech about the conclusion of the Iran deal. Obama stated in reference to U.S./Iran relations, “Our differences are real, and the difficult history between our nations cannot be ignored. But it is possible to change. The path of violence and rigid ideology, a foreign policy based on threats to attack your neighbors or eradicate Israel—that’s a dead end. A different path, one of tolerance and peaceful resolution of conflict, leads to more integration into the global economy, more engagement with the international community, and the ability of the Iranian people to prosper and thrive.”

Paul Berman insisted that this one paragraph was crucial because, “if a change among the Iranians is not, in fact, possible, then Obama’s critics are right. The deal will turn out to be a disaster because, in the short run, it will strengthen the Islamic Republic conventionally and, in the long run, will strengthen the Islamic Republic unconventionally—and, all the while, the Islamic Republic will go on treading the dead-end path of violence and rigid ideology and the dream of eradicating demonic enemies. It is hard to imagine how, under those circumstances, the deal will reduce the chances of war. On the contrary, Iran’s endangered neighbors will contemplate their own prospective eradication and will certainly notice that time is against them, and they would be foolish not to act.”

It is one thing to argue that regime transformation may take place as a result of the deal and the insistence that it must take place or else the deal is more than worthless for it will enhance the prospect of war in the region. Obama made the former claim. Berman extracted from that slim possibility and transformed it magically into an absolute necessity. In that case, then the nuclear containment deal to peaceful uses is only as good as the strength of the possibility of transformation of the Iranian regime. That is clearly not Obama’s position.

It is and was certainly not the goal of the Iranians who stood steadfast in the opposition to the “arrogant” U.S., “the policies of which they viewed to be at 180 degrees to their own. The U.S. remained as the “Great Satan” ever after 18 months of negotiations. Israel remained its implacable enemy. Though Supreme Leader Ayatollah Ali Khamenei insisted that the deal was only about guaranteeing that Iran could continue its peaceful program of developing nuclear energy and had no wider goals, Iranian President Hassan Rouhani insisted there was another aim: opening a new chapter of cooperation with the outside world after years of sanctions. He predicted that the “win-win” result would gradually eliminate mutual mistrust. Similarly, Foreign Minister Mohammad Javad Zarif also saw the deal as going beyond the nuclear arrangements and hopefully could lead to greater regional and international cooperation.

What have Benjamin Netanyahu’s goals been in rejecting and criticizing the negotiations with Iran over its nuclear program? Let me go back to his address to a joint session of Congress, not the one earlier this year, but the one he delivered on 24 May 2011 before the negotiations got underway and when the Arab Spring remained a gleam in many eyes, including Netanyahu’s. Though most of his address focused on the negotiations with the Palestinians, a small portion of his remarks addressed the question of Iran. Iran was depicted as the most powerful force in the Middle East opposed to modernity, opposed to democracy and opposed to peace. Here are Netanyahu’s words verbatim:

The tyranny in Tehran brutalizes its own people. It supports attacks against Americans troops in Afghanistan and in Iraq. It subjugates Lebanon and Gaza. It sponsors terror worldwide.

When I last stood here, I spoke of the consequences of Iran developing nuclear weapons. Now time is running out. The hinge of history may soon turn, for the greatest danger of all could soon be upon U.S.: a militant Islamic regime armed with nuclear weapons. (my italics) Militant Islam threatens the world. It threatens Islam. A nuclear-armed Iran would ignite a nuclear arms race in the Middle East. It would give terrorists a nuclear umbrella. It would make the nightmare of nuclear terrorism a clear and present danger throughout the world.

These were not Obama’s words, but those of Netanyahu. Then he came across as the most vocal champion of ensuring that a militant Iran did not possess nuclear weapons. Just over seven months later, in the 2012 new year, when the U.S. led the successful charge to impose new and tough sanctions against Iran’s oil and banking industry as the “only” diplomatic measure that could force Iran to the negotiating table, after President Obama signed legislation………..imposing sanctions against Iran’s central bank to impede Iranian oil sales and the EU put plans in place for an oil embargo, this goal was no longer sufficient for Netanyahu. The consequent weakening of the Iranian rial led Iran to state that it was willing to permit a visit by a team from the International Atomic Energy Agency (IAEA) which, independently of the world powers, had suggested that Iran was working towards acquiring the ability to make nuclear weapons. As the goal of dismantling Iran’s nuclear weapons came nearer, Netanyahu’s pitch shifted.

There was one discordant note at the time. Israel wanted the US.. to warn Iran that if the sanctions and diplomacy failed to get Iran to abandon its nuclear program, the U.S. should warn Iran that the U.S. would resort to military means to stop Iran. While not ruling out such a possibility, the U.S. refused to threaten Iran if negotiations failed. In contrast, Netanyahu, while applauding the new economic sanctions aimed at stopping Iran’s military nuclear program, insisted that only if the sanctions were combined with the threat of military action would the effort succeed. Netanyahu was proven wrong. It succeeded beyond most expectations. No threat of military action was necessary.

That note threatening military action grew far more shrill when Netanyahu, during the period in which he was struggling to put together a new coalition government, addressed an AIPAC Policy Conference in March 2013. After the usual praise for the President and Vice-President of the US, after the accolades to the government of the United States as Israel’s best and most steadfast ally, Netanyahu now insisted far more vociferously that sanctions were insufficient and that Iran needed to be militarily threatened.

Iran has made it clear that it will continue to defy the will of the international community. Time after time, the world powers have tabled diplomatic proposals to resolve the Iranian nuclear issue peacefully. But diplomacy has not worked. (my italics) Iran ignores these offers. It is running out the clock. It has USed negotiations to buy time to press ahead with its nuclear program. Thus far, the sanctions have not stopped the nuclear program either. The sanctions have hit the Iranian economy hard. But Iran’s leaders grit their teeth and move forward. Iran enriches more and more uranium.  It installs faster and faster centrifuges Iran has still not crossed the red line I drew at the United Nations last September. But they are getting closer and closer to that line. And they are putting themselves in a position to cross that line very quickly once they decide to do so. Ladies and Gentlemen, to prevent Iran from developing nuclear weapons, we cannot allow Iran to cross that line. We must stop its nuclear enrichment program before it will be too late.  Words alone will not stop Iran.  Sanctions alone will not stop Iran. (my italics) Sanctions must be coupled with a clear and credible military threat if diplomacy and sanctions fail.

From March 2013 until November 2013 when the negotiators were on the verge of a tentative deal with Iran, and with the U.S. Senate poised to authorize new sanctions, and after Obama phoned Netanyahu to ask him not to oppose the deal, Netanyahu did just that, openly opposed the deal by phoning all the other leaders asking them to block it. French President François Hollande agreed. The French Foreign Minister, Laurent Fabius, carried the message to his colleagues in the negotiations which bought time for Israel to take further steps to try to stop the deal after Netanyahu had failed to persuade John Kerry at Ben Gurion Airport not to loosen sanctions without the Iranians agreeing to halt the nuclear project altogether. The sticking points then were Iran’s stock of enriched uranium and the heavy water reactor at Arak that could produce plutonium from spent fuel.

The delay turned out to be temporary only. On 24 November 2013, an interim agreement, called the Joint Plan of Action, was agreed upon in Geneva that provided for a short-term freeze on much of Iran’s nuclear program in return for a decrease in the economic sanctions against Iran, the agreement to commence on 20 January 2014. Iran agreed not to commission or fuel the Arak heavy-water reactor or build a reprocessing plant to convert spent fuel into plutonium, agreed not to commission the Bushehr Nuclear Plant, the Fordow Fuel Enrichment Plan, the Isafahn uranium-conversion plant, the Natanz uranium-conversion plant and the Parchin military research and development complex. Iran also agreed to stop enriching uranium above 5% reactor-grade, and to dilute its stock of 20%-enriched uranium. As well, Iran agreed not to increase its stockpile of low-enriched uranium and to leave half its 16,000 centrifuges inoperable, all this to be verified by more extensive and frequent inspections.

That is when Netanyahu first labelled the deal a historic mistake and became an implacable foe to the negotiations. But not because it left Iran as an implacable foe of Israel. Not because of Iran’s hegemonic ambitions in the region. Those reasons would come later. At that point the deal was opposed because it did not dismantle Iran’s nuclear capacity altogether. In other words, Netanyahu now opposed Iran even having the ability to use nuclear energy for peaceful purposes.

Netanyahu had upped the ante and produced a deep gulf between Israel and the P5+1, for the premise of the negotiations from the get-go was that Iran would be allowed to use its nuclear knowhow and facilities for peaceful purpose. In his speech to the Knesset on the Plan of Action, Netanyahu admitted that sanctions without a military threat had, in fact, produced significant and successful results, but the deal was still bad because the results were not tangible. Effectively shutting down Iran’s nuclear military production was insufficient.

From then on, the line of attack grew more shrill, more definitive, and the grounds expanded until the bulk of the weight was not on the efficacy of inspections or the length of time Iran’s military nuclear program would be in place, though these were always there and were almost always deformed with less and less resemblance to the actual terms of the agreement. It soon became obvious and clear that Netanyahu was not really after an agreement that halted the possibility of Iran developing nuclear weapons, but that he opposed the deal because Iran without nuclear arms would be an even more dangeroUS foe of Israel. However, preventing Iran from using its facilities for peaceful purposes had never been a premise of the negotiations or there never would have been any negotiations. Further, that goal of dismantling Iran’s nuclear facilities altogether had not been Netanyahu’s goal eighteen months earlier.

Netanyahu was now engaged in gross exaggeration if not an outright lie. “Today the world has become a much more dangerous place because the most dangerous regime in the world has taken a significant step toward attaining the most dangerous weapon in the world .” (my italics) This is a bad agreement; this is a historic mistake. This became his mantra. Both were evaluations of a very dubious nature as more and more information emerged about both the Action Plan and the terms of the ongoing negotiations. Netanyahu’s efforts to weave his new critique and reconcile it with his old support for simply a ban on Iran’s ability to make nuclear weapons was skating on thinner and thinner ice. The release of the final agreement in July allowed him to fall through the ice, but the freezing water has not reduced the pitch of his hysteria one iota. Netanyahu had established to any objective observer, as distinct from his horde of cheerleaders, that he was not the one most opposed to Iran developing nuclear weapons; he wanted to keep Iran impoverished for very understandable reasons given Iran’s irrational and extreme antipathy towards Israel.

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The Joint Plan of Action – 24 November 2013

The Joint Plan of Action – 24 November 2013

by

Howard Adelman

While the Framework of Cooperation Agreement (FCA) between Iran and the IAEA focused on transparency, access, inspection and verification, the Joint Plan of Action (JPA) on Iran’s Nuclear Program concentrated on the substantive issues of how much uranium, to what degree of enrichment, how many centrifuges Iran would be permitted, what type, and the future of the Arak heavy water plant. The principles of the agreement were clear. Iran’s nuclear program would not be dismantled altogether. Instead, Iran would be assured that it could develop its nuclear program provided it was restricted to peaceful uses only. Inspections had to verify that to be the case. Rather than the suggestion that after some years – say fifteen – Iran would be able to develop a nuclear weapons program, the agreement was very explicit: “under no circumstances will Iran ever seek or develop any nuclear weapons.” The language was unequivocal.

The key element to be worked out was a mutually-defined enrichment program. Further, it was to be implemented in a step-by-step fashion so that, as Iran complied and was proven to be in compliance, both UN and multilateral sanctions would be lifted in lockstep, and, again, each step taken with proper monitoring. In the first step with an initial duration of 6 months, subject to extension by mutual consent, Iran agreed to cut in half its uranium stockpile enriched to almost 20%; the reduction was to be less than 5% with no possibility of reconversion. During that period, Iran agreed not to enrich any uranium above 5%. Iran further agreed not to make any improvements or upgrades in its Natanz and Fordow enrichment plants or its Arak reactor. Enriched uranium from its new cascade could be enriched only up to 5%, but then converted to oxide UF6. There was to be no construction of new enrichment facilities. At the same time, in addition to the provisions of the agreement with the IAEA, detailed specifications were inserted for that monitoring.

So much for any silly assertions that Iran gave up nothing and got the lifting of sanctions in return. But what concessions did Iran get from the P5+1 (P3+3 in the agreement)? The P5+1 did not roll back any sanctions against oil exports from Iran, but agreed to pause its efforts to further reduce Iran’s foreign sales and allowed Iran to repatriate funds from that level of sales. The sanctions on indemnity insurance and transportation would be lifted to allow for this level of trade. The P5+1 also agreed to suspend sanctions on petrochemical and precious metal exports, on the Iranian auto industry as well as associated services. The international community would allow Iran to import spare parts for the civil aeroplane industry.  Neither the UN, the EU nor the U.S. would impose new sanctions. For money held abroad, a channel would be created for repatriating such funds for humanitarian purposes – health, food, college and university fees for Iranian students studying abroad, and to pay UN fees. The levels imposed by the EU on non-sanctioned trade were to be increased.

The agreement then set forth how the ensuing detailed negotiations would proceed to establish norms for the size and scope of nuclear enrichment, deal with the Arak threat, otherwise implement full transparency and ratify the Additional Protocol to the Non-proliferation Treaty.

What were the results? As of February 2015, both the EU and Washington provided a report on implementation that showed clearly that both Iran and the P5+1 had completed compliance or were in the process of complying. The following is a summary.

Iranian Actions  Status 
By January 20, halt production of near-20% enriched uranium hexafluoride gas (UF6) and commit to only enrich up to 5%. Completed

According to the January 20 IAEA report, Iran had halted enrichment to 20% UF6.

By January 20, disable the configuration of the centrifuge cascades Iran has been using to produce 20% enriched UF6. Completed

According to the January 20 IAEA report, Iran had ceased operating its interconnected centrifuges enriching to 20% UF6. The February 20 IAEA report said that Iran is now using the four cascades at Fordow to enrich uranium to 5%.

On January 20, continue conversion of half of its stockpile of near-20% uranium hexafluoride gas (UF6) into uranium oxide powder as working stock for fabricating fuel for the Tehran Research Reactor. Completed

According to the July 20 IAEA report, Iran completed the process of converting half of its stockpile of 20% enriched UF6 gas (~104 kg) to uranium oxide powder.

On January 20, begin dilution of half of its stockpile of 20% UF6 to no more than 5% enriched UF6 and complete dilution by April 20. Completed

According to the April IAEA report, Iran completed the dilution of half of its stockpile of 20 percent-enriched uranium.

Continue only its safeguarded research and development practices, including its current enrichment research practices, which were not designated for accumulation of the enriched uranium. Completed

In the February 20 IAEA report, the agency verified that Iran was continuing its safeguarded research and development practices at Natanz and was not using the research to accumulate uranium as it tested advanced models.

By April 20, provide the IAEA with:
  • plans for nuclear facilities
Completed

Iran submitted details on site selection for 16 nuclear power plants to the IAEA, its initial plans for 10 future enrichment sites, and a light water reactor.

  • descriptions of buildings located on nuclear sites
Completed
  • the scale of operations for each location
Completed
  • information on uranium mines and mills
Completed

According to the May 23 IAEA report, Iran has visited the Gchine Mine, the Saghand Mine and the Ardakan Uranium production plant.

  • information on source material
Completed

Iran provided the IAEA with information about source material on April 20, according to the May 23 IAEA report.

Submit an updated Design Information Questionnaire (DIQ) for the reactor at Arak (IR-40). Completed

Iran submitted at updated DIQ on the reactor to the IAEA on February 12, according to the agency’s Feb. 20 report.

Take steps to conclude a safeguards approach with the IAEA for the Arak reactor. Completed

The IAEA and Iran met on May 5 to discuss the revised safeguards approach. According to the June 20 report, Iran has reached an agreement with the agency on the safeguards approach.

Allow daily IAEA inspector access at Fordow and Nantanz, including scheduled and unannounced inspections and access to surveillance information on a daily basis. Completed

As of the February 20 IAEA report, the IAEA was able to install surveillance measures at Natanz and Fordow to facilitate daily monitoring and came to an agreement regarding the facilitation of daily access.

(Prior to the Joint Plan of Action, the IAEA had accessed Fordow on a weekly basis, and Natanz on a biweekly basis.)

Allow the IAEA to conduct monthly inspections of the heavy water reactor at Arak and associated facilities. Completed

The IAEA was able to make its first monthly visit and access the heavy water reactor on Feb. 12, according to the agency’s Feb. 20 IAEA report.

(Prior inspections were conducted at the reactor once every three months, and other facilities at the site were not included.)

Provide information to allow the IAEA inspectors managed access to:  
  • centrifuge assembly workshops
Completed

The IAEA was able to visit the facility between February 3-7.

  • centrifuge rotor production
Completed

The IAEA was able to visit the facility between February 3-7.

  • workshops and storage facilities
Completed

The IAEA was able to visit the facility between February 3-7.

  • uranium mines and mills
Completed

The IAEA has been able to access Iran’s two uranium mines at Gchine and Saghand and the milling facility at Ardakan.

Provide figures that will allow the IAEA to verify that centrifuge production will be dedicated to the replacement of damaged machines. Completed

The IAEA has had access to Iran’s centrifuge workshops and facilities.

Cap the size of the 5% enriched UF6 stockpile. Completed

The November 24 IAEA report on implementation of the Joint Plan of Action noted that Iran’s stockpile of UF6 gas was 7,400 kg, below January’s level of 7,560 kg.

Iran Will Refrain From the Following Actions Status
Refrain from installing a reconversion line to reconvert uranium oxide powder to 20% UF6. Complying

The January 20 IAEA report said that Iran does not have a reconversion line in place.

Refrain from reprocessing or constructing a facility capable of reprocessing materials. Complying

In a January 18 letter to the IAEA, Iran said it will not engage in reprocessing or construct a reprocessing facility over the six months of the deal. The January 20 IAEA report confirmed that no reprocessing is taking place at the Tehran Research Reactor or MIX facility.

Refrain from making any further advances of its activities at the Natanz Fuel Enrichment Plant.

(This includes not installing new centrifuges and not feeding UF6 into the roughly half the centrifuges at Natanz that are installed but not yet enriching uranium.)

Complying

The IAEA verified in the February 20 report that Iran has not made any further advances and no new centrifuges are enriching uranium.

Refrain from making any further advances of its activities at Fordow.

(This includes not installing new centrifuges, not feeding UF6 into the three quarters at Fordow that are installed but not yet enriching uranium, and not interconnecting the cascades.)

Complying

The IAEA verified that Iran has not made any further advances and no new centrifuges are enriching uranium.

Replacing existing centrifuges only with centrifuges of the same type. Complying

As of the February 20 IAEA report, the agency did not report any violation of this restriction, and surveillance has been set up to monitor any changes.

Refrain from commissioning the heavy water reactor at Arak. Complying

The February 20 IAEA report said that Iran had not conducted any activities to further the Arak reactor.

Refrain from transferring fuel or heavy water to the Arak reactor. Complying

The February 20 IAEA report said that Iran had not conducted any activities to further the Arak reactor.

Refrain from testing additional fuel or producing more fuel. Complying

The February 20 IAEA report said that Iran had not manufactured or tested any reactor fuel, and the number of fuel rods produced remains at 11.

Refrain from installing any additional reactor components at the Arak site. Complying

The February 20 IAEA report said that Iran had not conducted any activities to further advance the Arak reactor.

Limit centrifuge production to those needed to replace damaged machines. Complying

The IAEA has regular managed access to centrifuge assembly workshops.

Refrain from constructing any new locations for enrichment. Complying

In a January 18 letter to the IAEA Iran said it would not pursue any new uranium enrichment sites during the six months of the agreement.

P5+1 Actions  Status 
Pause efforts to reduce Iran’s crude oil sales, allowing Iran’s current customers to purchase their current average amounts of crude oil, including the EU prohibition on providing insurance for vessels carrying Iranian oil. Complying

In a January 20 press release, the EU Council of Foreign Ministers announced the suspension of sanctions preventing the insurance of vessels. However, not enough time has passed to determine if Iran’s current oil customers are importing at their current average amounts.

Enable the repatriation of $4.2 billion of Iranian revenue held abroad on the following schedule:
  • Feb. 1: $550 million
Completed**

Iran received its first installment as scheduled on February 1. These funds were released from Japan.

  • March 1: $450 million (half of the dilution of the 20% stockpile of UF6 complete)
Completed**

IAEA Director General Amano confirmed that half of the dilution was completed on time in his remarks to the IAEA Board of Governors on March 3.

  • March 7: $550 million
Completed**
  • April 10: $550 million
Completed**
  • April 15: $450 million (dilution of the entire stockpile of 20% UF6 complete)
Completed**
  • May 14: $550 million
Completed
  • June 17: $550 million
Completed
  • July 20: $550 million.
Completed
Suspend US sanctions on Iran’s petrochemical exports and associated services.* Completed

In a January 20 statement, the White House announced that the United States would begin suspending sanctions.

Suspend US sanctions on Iran’s import and export of gold and precious metals as well as sanctions on associated services.* Completed

In a January 20 statement, White House announced that the United States would begin suspending sanctions.

Suspend U.S. sanctions on Iran imports of goods and services for its automotive manufacturing sector. Completed

In a January 20 statement, White House announced that the United States would begin suspending sanctions.

Suspend EU sanctions on Iran’s petrochemical exports and associated services.* Completed

In a January 20 press release, the EU Council of Foreign Ministers announced the suspension of sanctions.

Suspend EU sanctions on Iran’s import and export of gold and precious metals as well as associated services.* Completed

In a January 20 press release, the EU Council of Foreign Ministers announced the suspension of sanctions.

License the supply of spare parts and services for safety of flight for Iranian civil aviation and associated services.* Completed

In a January 20 statement, White House Press announced that the United States would begin suspending sanctions. On April 4, Boeing confirmed that it received a license from the Treasury Department for exporting spare aircraft parts.

License safety related inspections and repairs in Iran for Iranian civil aviation sector as well as associated services.* Completed

In a January 20 statement, White House Press secretary said that the United States would begin suspending sanctions.

Establish a financial channel to facilitate humanitarian trade for Iran’s domestic needs using Iranian oil revenue held abroad:

  • food and agricultural products
  • medicine, medical devices, and medical expenses incurred abroad
  • Iran’s UN dues
  • tuition payments to universities and colleges for Iranian students studying abroad.
Completed
Increase the EU authorization thresholds for transactions for non-sanctioned trade to an agreed amount. Completed

In a January 20 press release, the EU Council of Foreign Ministers increased by tenfold the thresholds for authorizing financial transfers.

P5+1 Will Refrain From the Following Actions Status
Not pass new nuclear-related UN Security Council sanctions. Complying

There have been no new UN Security Council resolutions sanctioning Iran.

Not pass new EU nuclear-related sanctions. Complying

On December 16, the EU Council of Foreign Ministers committed not to impose any further sanctions on Iran during the implementation of the Joint Plan of Action.

Not impose new U.S. nuclear-related sanctions. Complying

A bill introduced in the U.S. Senate (S1881) would impose further sanctions on Iran, but it has not yet been voted on.

Iranian Actions ( to be completed as part of the extension before Nov. 24, 2014) Status
Convert 25 kilograms of 20 percent enriched uranium powder from oxide form to fuel plates for the Tehran Research Reactor Completed

According to the IAEA’s monthly progress report, Iran completed the conversion.

Convert the stockpile of uranium enriched to less than 2 percent (about 3 metric tons) to natural uranium Completed

According to the November 2014 quarterly IAEA report, Iran completed blending down the tails.

P5+1 Actions ( to be completed as part of the extension before Nov. 24, 2014) Status
Enable the repatriation of $2.8 billion dollars in frozen Iranian oil revenues held abroad Completed

Iran received $2.8 billion in repatriated funds.

Iranian Actions ( to be completed as part of the extension before June 30, 2015) Status
Convert 35 kilograms of 20 percent enriched uranium powder from oxide form to fuel plates for the Tehran Research Reactor In Progress

According to the Feb. 19 IAEA report, Iran has converted 32 kg since July 24, 2014.

Expand IAEA access to centrifuge production facilities to double the current frequency and allow for no-notice or “snap” inspections Complying 
Limit research and development on advanced centrifuges that move the machines to the next level of development including:

o    Iran cannot pursue semi-industrial-scale operation of the IR-2M, and without that Iran does not have the confidence to mass-produce this type of centrifuge, which would be necessary in any breakout scenario.
o    Iran cannot feed the IR-5 with uranium gas, the next step in its development.
o    Iran cannot pursue gas testing of the IR-6 on a cascade level, the next step in its development.
o    Iran cannot install the IR-8 at the Natanz Pilot Plant, without which Iran cannot move beyond mechanical testing and into gas testing.
§  *(While most of this pre-existed the extension — the extension helps plug the gaps and ensure that all models of Iran’s advanced centrifuges cannot move to the next phase of testing.)

Complying

The IAEA has regular access to the research and development area for advanced centrifuges at Natanz and has noted no violations as of December.

Forgo any other forms of enrichment, including laser enrichment Complying
P5+1 Actions ( to be completed as part of the extension before June 30, 2015) Status
Enable the repatriation of $700 million dollars per month in frozen Iranian oil revenues held abroad Complying

The 2013 Framework for Cooperation Agreement (FCA):

The 2013 Framework for Cooperation Agreement (FCA):

Transparency, Inspection and Verification

by

Howard Adelman

In Tehran, with the aim of “ensuring the exclusively peaceful nature of Iran’s nuclear programme through the resolution of all outstanding issues that have not already been resolved by the IAEA,”  on 11 November 2013, IAEA Director General Yukiya Amano, and Iran’s Vice-President, Ali Akbar Salehi, signed a Framework for Cooperation Agreement (FCA). Those outstanding issues included disputes over IAEA verification activities, Iran supplying timely information about its nuclear facilities and the implementation of transparency measures. More specifically, the FCA laid out initial practical steps for Iran to take within three months, including allowing IAEA access to the Heavy Water Production Plant at Arak and the Gehine uranium mine in Bandar Abbas. Iran promised to provide IAEA with information on all new research reactors and nuclear power plants that Iran planned to build on sixteen sites. In addition, Iran agreed to provide information on Iran’s announced additional enrichment facilities and its laser enrichment technology. In return, IAEA agreed “to take into account Iran’s security concerns, including through the use of managed access and the protection of confidential information.” The latter qualification to the principle of transparency would offer an enormous target for critics of the IAEA agreement with Tehran.

The FCA is a short agreement that went to the heart of the IAEA role of inspection and verification as well as Iran’s responsibility to be transparent. The qualification: Iran demanded that this not give IAEA free reign to access Iran’s conventional military program. IAEA acknowledged that this would be accomplished through “managed access” and the non-disclosure of sensitive data. As Professor Toope pointed out, the transparency requirement and the inspection and verification procedures were necessarily intrusive because of IAEA’s decade long experience with Iran’s evasions, secrecy, misrepresentations and very low marks for demonstrating transparency. The record clearly shows why this deep distrust was warranted.

However, this absence of full transparency and the provision of misleading information were also characteristic of the data and analysis the U.S. Intelligence services provided to IAEA. The situation got so bad under the Bush administration that in February 2007, IAEA presumably leaked a report by some of the IAEA diplomats that most intelligence reports provided by U.S. intelligence to IAEA had proven to be inaccurate. The information did not lead to any discoveries that Iran had been surreptitiously conducting a military nuclear program.

This IAEA frustration with the U.S. even broke into the open. On 10 May 2007, IAEA, as well as Iran, denounced the report that Iran had blocked IAEA inspections of Iran’s enrichment facilities. Marc Vidricaire, the spokesman for IAEA, stated unequivocally, “We have not been denied access at any time, including in the past few weeks.” Thus, IAEA had to walk a fine diplomatic line between hyperbolic and false claims of the Americans under the Bush administration and efforts to sabotage the principle of transparency by the Ahmadinejad government in Iran. It seemed also clear that Iran was only really moved to demonstrate cooperation and transparency to try to head off further sanctions. This seemed certainly to be the case when Iran on 20 July 2007 gave IAEA access to the Arak complex over eight months.

There were even encouraging reports, such as the 30 August 2007 IAEA assessment, that Natanz was operating well below its capacity in enriching uranium; only 12 of the 18 centrifuge cascades were in operation. IAEA was also able to verify that there had been no diversion of the declared nuclear material. Even IAEA’s much repeated complaints about access to Iran’s plutonium experiments and the problem of contaminated spent fuel containers were resolved. Given IAEA’s stringent protocols for inspection and verification, these were impressive findings, especially since they took place midway in Ahmadinejad’s first term in office.

There was even a plan of action to resolve a number of remaining issues within a reasonable time frame. These measures proved to be insufficient even though they addressed the transparency, inspection and verification side of the puzzle. For Iran under Ahmadinejad was unwilling to curtail let alone cut back on Iran’s nuclear enrichment program. However, under the work plan, IAEA would be enabled to inspect and verify a number of issues related to the nature and scope of Iran’s nuclear program that it had not been unable to do heretofore. As a result, and seemingly undercutting the American push for more sanctions, Mohamed ElBaradei, head of the IAEA, in October 2007 told the International Herald Tribune that IAEA had no evidence of Iran developing nuclear weapons. However, IAEA still had a number of concerns about weaponization.

Subsequently, IAEA confirmed on 15 November 2007 that Iran’s claims and what was revealed through inspection and verification measures were consistent. The big issue remaining was Iran’s refusal to sign the Additional Protocol of the non-proliferation agreement to include plans as well as activities within its monitoring program. This was the key obstacle that was resolved in 2013. On the more substantive issues, Americans were pushing for complete cessation of all enrichment while Iran insisted on its right under international law to enrich uranium for peaceful purposes. This insistence persisted for a short period even when Ahmadinejad was replaced by a more progressive political leader in 2013. The logjam was only broken when Iran agreed to allow full transparency re both nuclear weapons production and planning, with the qualification that the secrecy of its conventional military not be breached.

At the end of 2007, after what appeared to be a sincere though very inadequate effort to satisfy IAEA and the P5+1, Ahmadinejad proposed a detour which was also interpreted as a feint. Enriching uranium for Iran would take place in a neutral third country, presumably one of the Gulf states. This was more than the P5+1 achieved in the end, but, as in 2004, a potential opening was closed because the P5+1 under U.S. pressure had adopted a very hard line – no enrichment whatsoever. Iran insisted that no self-respecting state could permit such a limitation on a peaceful nuclear enrichment program and refused to bend.

In spite of IAEA’s stellar performance of integrity as an international inspection and verification agency, the Israelis, Avigdor Lieberman, Israel’s then Minister of Strategic Affairs in particular, denounced IAEA-director AlBaradei as a lackey of the Iranians.

On 22 February 2008, IAEA issued a clean bill of health on Iran’s nuclear enrichment program, including on all outstanding issues. This was confirmed three months later in the IAEA May Report, but Iran still refused access to its centrifuge manufacturing sites. Iran’s acceding to the Additional Protocol was important since, without that and the inspection and verification regime that went along with it, IAEA could only state that there was no evidence that Iran had a nuclear weaponization program. It could not verify the total absence of such a plan and program in undeclared nuclear facilities, for example, whether the claims by Iran’s critics that Iran had clandestinely received information on how to design a high explosive charge suitable for an implosion nuclear device.

What had been revealed? The list included such items as the fact that the number of operating centrifuges at the Iranian fuel enrichment plant in Isfahan had increased. All uranium hexafluoride was under IAEA safeguards, contrary to the multitude of rumours otherwise that uranium hexafluoride was missing. To summarize:

  • Even under the Ahmadinejad regime, and under pressure of increasing sanctions, the IAEA had gained access to all of Iran’s declared nuclear facilities
  • The outstanding issue on the inspection regime was whether Iran would accede to all the contents of the its nuclear program to enable the AIEA to investigate Iran’s past plans and its potential future ones
  • Beyond the transparency, inspection and verification issues, the S. kept insisting on complete cessation of Iran’s nuclear enrichment program.

The IAEA and Tehran were at a standstill. In its 19 February 2009 Report, IAEA noted that Iran continued to enrich uranium and had produced over a ton of low enriched uranium, contrary to the requirements of the UN Security Council, but at levels consistent with similar enrichment plants elsewhere. The Report also confirmed that no ongoing reprocessing had been taking place at Iran’s Tehran Research Reactor and Xenon Radioisotope Production Facility. However, Iran still refused to provide design information or access to verify design information for its IR-40 heavy water research reactor in accordance with the Additional Protocol and in spite of Iran’s February 2003 agreement to do so.

The Agency insisted on its right to verify design information independent of the stage of construction or the presence of nuclear material. Hence IAEA’s concerns about possible military dimensions of Iran’s nuclear program. So the disagreement over Iran’s repeated refusal to implement the Additional Protocol continued, though the IAEA confirmed that, thus far, the agency had not been able to find any evidence that Tehran was seeking to make a nuclear weapon and that no nuclear material could be removed for further enrichment to make nuclear weapons without the agency’s knowledge though in September 2009 the IAEA reprimanded Iran for not disclosing that it had built another enrichment facility at Qom. IAEA demanded that Iran freeze its construction and any uranium enrichment.

By February 2010, IAEA had become thoroughly exasperated on learning that Iran had purchased additional sensitive technology, had conducted secret tests of high-precision detonators and modified designs of missile cones to accommodate larger payloads, all steps associated with the development of nuclear warheads. Since by May 2010 Iran produced over 2.5 tons of low-enriched uranium, enough when further enriched to make two nuclear weapons. The breakout period was now estimated to be about a year.

The IAEA-Iran dispute escalated. In July 2010, Iran banned two IAEA inspectors. In August, IAEA accused Iran of initiating a new cascade with 164 centrifuges at Natanz capable of enriching uranium to 19.5%. Fifteen months later, IAEA reported that it had credible evidence that Iran was designing a nuclear weapon and, through satellite imagery had identified a large explosive containment vessel inside Parchin. Iran continued to deny IAEA access to Parchin.

By the Spring of 2012, IAEA and Iran were engaged in a loud war of words, of accusations and counter-accusations. It was clear that Iran was operating more cascades, was enriching uranium to 19.5% but had not yet been able to get its advanced design centrifuges to work. Even more frightening, in May 2012, IAEA reported detecting uranium enriched to 27% at Fordow, an enrichment level that clearly pointed to the aim of producing a nuclear weapon. By August, Iran had doubled the number of centrifuges enriching uranium at Fordow and was now in possession of 190 kg of 19.5% enriched uranium, creeping very close to Israel’s red line of 250 kg, especially since in September 2012 AIAE reported that Iran had completed advanced work on its computer modeling pointing to advanced nuclear weapons research.

The situation continued to worsen. At Fordow, 16 cascades of 174 IR-1 centrifuges each had been installed with half in production mode, though only half of that half were actually operating. By November 2012, the total of highly enriched uranium had reached 233 kg, perilously close to Netanyahu’s red line. Iran continued to deny IAEA access to Fordow. Arak was expected to be operational in early 2014.

By February 2013, Netanyahu’s red line had been crossed. Iran had 280kg of near 20% enriched uranium. The rate of increase was 15 kg per month. The air was filled with rumours of an imminent Israeli air strike on Iran’s nuclear facilities in the aftermath of Israel’s 2007 destruction of the Syrian nuclear facility at Rif Dimahq. (See the 28 September 2012 Report of the Congressional Research Service analyzing the possibility of an Israeli strike against Iran’s nuclear facilities –   https://www.fas.org/sgp/crs/mideast/R42443.pdf) The signals to Iran and the rest of the world were unmistakable. Even Saudi Arabia let it be known that it favoured such an attack. Netanyahu warned that Iranian nuclear weapons would unleash the possibility of nuclear terrorism, provide Iranian sponsored terrorists with a nuclear cover and would threaten the world’s oil supply as well as instigating Turkey and Saudi Arabia to join the nuclear arms race in the Middle East. However, Israel still lacked the support of the U.S. for such an initiative as the Americans favoured further diplomacy, especially in light of the imminent elections in Iran. Israel had been supplied with bunker buster bombs, the U.S. continued to refuse to supply Israel with deep penetration ones. Even though Israel had only two planes known to be equipped to carry such bombs, Israel let it be known that it had plans to “go it alone.”

2013 was the tipping point. Israel’s chief of staff, Lieutenant General Benny Gantz in April 2013 said that Israel was still willing to give sanctions a chance, but warned that Iran could achieve “nuclear capability before the end of the year.” The doomsday clock had only eight months at most left.

Everything changed with the change in government in Iran, especially in the aftermath of Barack Obama becoming president. A Framework for Cooperation Agreement (FCA) was signed by IAEA.

Tomorrow: The 24 November 2013 Joint Plan of Action

The Deep Foundation for the Iran Nuclear Deal

The Deep Foundation for the Iran Nuclear Deal

by

Howard Adelman

Instead of waiting until the end, let me sum up the main conclusions I arrived at from studying the history of the Iran and P5+1 negotiations leading up to the 2013 Framework and Joint Plan of Action deals. That way the reader can keep them in mind as he or she reads this potted history and sees if they would draw the same conclusions, most of which are not controversial. Or else they may also not want to bother reading the rest at all.

  1. A deal between parties needs willing parties on both sides. Between 2000-2008, the allied side lacked a committed U.S. partner. Between 2005-2012, Iran was an unwilling partner. The deal came together (and rather quickly) in 2013 because both sides were ready to make a deal.
  2. The allies could have obtained better terms that included non-nuclear items, such as ending Iran’s support for Hamas and Hezbollah, if they had negotiated in 2003.
  3. Once Iran went full speed ahead on its nuclear program and invested so much in it, the only deal available was a restriction on Iran’s capacity to build nuclear weapons.
  4. The total elimination of Iran’s right to have a peaceful nuclear enrichment program was never on the table.
  5. Netanyahu was opposed to making a deal with Iran no matter what the terms of the deal were.

Professor Toope in his discussion of the Iran nuclear deal on Yom Kippur did not have time to spell out the background to the deal; he concentrated on the analysis of the terms. In my last blog, I referred only to one item in that background, the 11 November 2013 Framework for Cooperation Agreement (FCA) with IAEA and the 24 November 2013 Joint Plan of Action Agreement (JPAA) with the P5+1 that put in place the foundations for the detailed negotiations.

The deeper foundation was that Iran under the Shah had signed the Nuclear Non-proliferation Treaty (NPT) in 1970 making any Iranian nuclear program subject to International Atomic Energy Agency (IAEA) inspection. In 1987, Iran began to use the black market to acquire the capacity to enrich uranium by purchasing the technical details on how to build a P-1 centrifuge from the Pakistani nuclear scientist, Abdul Qadeer Khan, the father of the atomic bomb in Pakistan and the greatest scourge ever in the business of nuclear proliferation.

Back in December 1975, after three years on the job, Khan left his position with the Physical Dynamic Research Laboratory (FDO) in The Netherlands, a subcontractor in the uranium enrichment consortium, with copied blueprints for centrifuges and the list of suppliers needed to build one for Pakistan, a goal achieved by 1978. However, because of the USSR’s war in Afghanistan, no sanctions were imposed on Pakistan lest Pakistan be pushed into the Soviet embrace. By the 1980s, Pakistan was able to produce enough highly enriched uranium for a nuclear weapon.

Soon after, Khan began supplying the Iranian Ruhollah Khomeini regime. (Khomeini was the founder of the Iranian revolution who ruled from 1979-1989 as distinct from the current Ali Khamenei Supreme Leader who succeeded him.) Iran received both blueprints and a list of suppliers. Khan’s clandestine activities spread to North Korea, Syria and Libya through the nineties. The Pakistan authorities, if not aware of his nefarious activities before the turn of the millennium, a highly dubious proposition, finally forced Khan into retirement in 2001 and put him under arrest in 2004. He was convicted but pardoned the very next day by President Pervez Musharraf and only held under “house arrest” until 2009.

The whole surreptitious trade in nuclear materials, centrifuges and centrifuge components came into the open when Libya renounced production of nuclear weapons in 2003 and Colonel Qaddafi turned all of this valuable intelligence over to the CIA, ending once and for all any credible claim that Iran, and of course Pakistan, were not involved in illegal transfers of nuclear technology. George W. Bush had gone after the one country, Iraq, that for one reason or another had declined Khan’s offers to provide nuclear technology to it. The result of the huge American mistake: the effective destruction of Iraq and eventual turning of most parts, except for the Kurdish area, either into a satrap of Iran or control by ISIS.

The 2003-2004 revelations set off an international effort to rein Iran in, possibly less from the fear of Iran as a nuclear power than the fear that Israel, with U.S. backing given Bush’s record, would bomb Iran and expand the sphere of instability in the Middle East beyond Iraq. (Arab Spring was not yet on the horizon.) The effort was accelerated with the election of Mahmoud Ahmadinejad, the wild man of Iranian politics, as President in 2005 with 62% of ballots cast. In his previous position as mayor of Tehran and as President, he was both a hardliner and irrational. It was under his watch that the UN became increasingly aggressive with a sanctions regime put in place until the election of a “reformer,” Hassan Rouhani, on 15 June 2013. Within the next six months, on 11 November 2013, the Framework for Cooperation Agreement (FCA) and, on 24 November 2013, the Joint Plan of Action, were both signed. The two will be discussed in subsequent blogs.

This set of blogs is intended to sum up the foundation of the Iran nuclear deal, depict and evaluate its terms and the role and motives of various agents for the part played leading to the agreement on the terms. For example, did Netanyahu really believe the deal was a bad one and, if so, why? Was he justified? Or was he whipping up fear for domestic purposes to ensure he would remain in power? Or was he using Iran’s nuclear enrichment program as a wedge issue to keep Iran, a real conventional threat to Israel, ostracized and isolated? What effect did Netanyahu’s opposition have on the terms of the deal, on Israel’s relationship with the U.S., and on the security of Israel itself?

Before Ahmadinejad assumed office, Iran was the last signatory to the non-proliferation treaty to accept the obligation of providing the IAEA will all plans related to nuclear activities. The then President of Iran, using high level officials in President Mohammad Khatami’s government of Iran (1997-2005), set up a back diplomatic channel that promised not only full transparency into the Iranian nuclear program, but cessation of support for Hezbollah and Hamas. The proposal was purportedly endorsed by Supreme Leader, Ayatollah Ali Khamenei. The Bush administration ignored the offer.

Key European governments – France, Germany and the UK – did not. Together with the Iranian government, they along with Iran jointly issued the Tehran Declaration that would be recycled as the foundation for the FCA in 2013, but stripped of its non-nuclear provisions. Iran had agreed to the following:

  • Pledged full cooperation with the IAEA
  • Promised to sign and implement the Additional Protocol on disclosure of any plans as a voluntary, confidence-building measure
  • Agreed to suspend its enrichment and reprocessing activities during the course of the negotiations.

In return, the EU-3 agreed to:

  • recognize Iran’s rights to develop a nuclear program for peaceful purposes
  • discuss ways Iran could provide “satisfactory assurances” with respect to its nuclear power program
  • provide Iran with easier access to modern nuclear technology as long as Iran was in compliance with its signed obligations.

As a result, Iran signed the Additional Protocol on 18 December 2003 and set out to file the required reports with the IAEA as well as allow access to IAEA inspectors. The backlash within Iran, in part based on wild distortions of the Tehran Declaration, is viewed as one of the catalysts for Ahmadinejad’s resounding victory in the 2005 elections and the subsequent suspension of Iran’s agreement to abide by the Additional Protocol to the Non-Proliferation Treaty. Iran also reneged on the promise to allow unfettered access to Iran’s nuclear program. Instead, Iran accelerated its nuclear program, though, given Iran’s pattern of deceit as revealed in the IAEA Report of 15 November 2004, many contend this began even before Ahmadinejad took power. But, as will be seen in the next blog, the real acceleration started in the latter half of 2008.

Iran tried to blame its resorting to surreptitious activities on the American obstreperous barricades to Iran developing a nuclear program for peaceful purposes. The IAEA 2004 Report was agnostic on whether Iran was developing its technology for the military use of nuclear weapons, for the IAEA found no evidence that the previous undeclared activities were geared to developing a nuclear weapons program. On the other hand, neither could the IAEA vouch for the exclusively peaceful nature of the program.

In 2004, Iran voluntarily suspended its uranium enrichment program, but refused to agree to a permanent termination. Under pressure from the U.S., the EU could not agree to a partial limitation with the only condition, the enrichment could not be diverted for military purposes. It is not clear whether the failure of the EU to recognize Iran’s right to enrich uranium for peaceful purposes helped elect Ahmadinejad as President in June 2005 in an election largely fought on domestic issues – corruption and renewal. During the first few months of Ahmadinejad assuming the presidency, there was a flurry of events:

  • In August 2005, Iran removed the seals on its uranium enrichment facilities at Isfahan
  • Germany responded and refused to either export any more nuclear equipment to Iran or even refund monies already on deposit
  • The IAEA reported that bomb-grade uranium found on inspected materials in Iran came from imported parts from Pakistan
  • In September 2005, the EU rejected Ahmadinejad’s offer at the UN that Iran’s enrichment program be managed by an international consortium and the Paris Agreement was dead
  • In February 2006, the IAEA in a 27-3 vote reported Iran’s non-compliance to the Security Council
  • In 2006, the Bush administration in Washington insisted that Iran could have no enrichment program whatsoever;
  • After that there were no substantive further negotiations until Ahmadinejad left office.

Even though U.S. intelligence at the end of 2006 declared that there was no evidence that Iran had a military nuclear program, that year was a turning point. It began with the reference of Iran to the Security Council to require Iran to suspend its enrichment program, cease construction of the Arak heavy water reactor (necessary for the production of plutonium) and fully cooperate with the IAEA. Iran signalled a willingness to cooperate but, at the same time, announced its initial success in enriching uranium to 3.5% at Natanz. In June, the first iteration of what would become the 2013 Framework agreement was proposed by some permanent members of the Security Council plus Germany.

On 31 July, the UNSC adopted Res. 1696 demanding Iran suspend its enrichment program altogether. Though rejected, Iran responded with an offer to negotiate. At the same time, a new tunnel entrance was constructed at the Estfahan uranium enrichment facility and construction resumed at the Natanz conversion facility. By the end of the year, the UNSC passed Res. 1737 imposing sanctions on Iran for the first time even though American intelligence had concluded there was no evidence Iran had a nuclear weapons program. Countries were prohibited from transferring sensitive and nuclear-related technology to Iran. The assets of ten Iranian organizations and twelve individuals were frozen.

These resolutions were passed under the authority of Article 41 of Chapter VII of the UN Charter permitting the exercise of UNSC authority even though a peace threat had not been determined. However, unlike article 42, which does require a peace threat determination, there was no binding enforcement obligation under article 41. The sanctions only became effective because of the power and positions of the P5+1 and their willingness to impose sanctions. The failure to establish an actual threat to the peace sewed a fatal flaw in the long term effectiveness of the sanctions, especially if the P5+1 lost their united front. In that case, even if the U.S. had the power alone to make the sanctions quite effective, without a solid legal and even moral authority, the sanctions regime was being built on straw.

While emphasizing the importance of political and diplomatic efforts to ensure that Iran’s nuclear programme was exclusively for peaceful purposes, three months later in March 2007, Res. 1747 was passed under Article 41 of the Charter. The resolution elaborated on the implementation of the sanctions Res. 1737 and introduced broader sanctions and targets in paragraphs 5 and 7:

Para 5: Decides that Iran shall not supply, sell or transfer directly or indirectly from its territory or by its nationals or using its flag vessels or aircraft any arms or related materiel, and that all States shall prohibit the procurement of such items from Iran by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of Iran.

Para 7: Calls upon all States and international financial institutions not to enter into new commitments for grants, financial assistance, and concessional loans, to the government of the Islamic Republic of Iran, except for humanitarian and developmental purposes.

Under this pressure, Iran agreed on a “work plan” in late August,but there was no substantive progress in the ongoing negotiations. In December, the U.S. publicly declassified and released a summary of the National Intelligence Estimate Report on Iran’s nuclear program, concluding that the intelligence community judged “with high confidence” that Iran halted its nuclear weapons program in the fall of 2003 and, further, declared that the program had not resumed as of mid-2007. Breakout time was then considered to be three years.

In March 2008, UNSC Res. 1803 was passed broadening the sanctions and the targets even further, but also offering to freeze further sanctions in return for Iran halting its enrichment program. In February 2009, Iran announced that it had successfully carried out its first satellite launch. Barack Obama was then President of the U.S. and he agreed that henceforth the U.S. would participate fully in the P5+1 talks with Iran without Iran agreeing to meet demands first. However, this seemed to have no influence on the Iranian election in which incumbent Mahmoud Ahmadinejad was declared the winner, even though there was some evidence and many claims that the election had been rigged.  In the period of unrest and protests, diplomatic efforts were suspended. The suspension of back channel talks was reinforced when France, the U.K. and the U.S. jointly revealed that Iran had been constructing a secret, second uranium-enrichment facility at Fordow near the holy city of Qom.

New proposals nevertheless followed – a fuel swap with respect to the enriched uranium. In the interim, in 2010 Iran began enriching uranium to almost 20% instead of trading its 3.5% enriched uranium for 19.5% enriched uranium for Iran’s research program.  However, in May Iran agreed to a specific version of the fuel swap agreement, but that was vetoed by France, Russia and the U.S. Instead, the UNSC adopted UNSC Res. 1929 on 9 June 2010 again expanding the sanctions that now placed an arms embargo on Iran and prohibited ballistic missile testing. Seizure of shipments to Iran was authorized. On 24 June 2010, the U.S. Congress adopted the Comprehensive Iran Sanctions, Accountability, and Divestment Act (CISAD) aimed at firms investing in Iran’s energy sector and companies which sell refined petroleum to Iran. The sanctions were not set to expire until 2016. Two days later, the EU imposed even broader sanctions aimed not only at energy and trade, but at financial services and more extensive asset freezes.

During this period, Israel had not been sitting still. In 2005, the Jewish state defined the Iranian nuclear program as an existential threat. Israel was widely believed to be behind the Stuxnet computer virus that disrupted Iran’s nuclear enrichment program at Nantaz in September 2010.  Israeli decision-makers began to consider whether and when to order a military attack against Iran’s nuclear facilities. As rumours grew that such an attack might be imminent, the P5+1, fearing enormous economic, political regional and global security repercussions, upped the pace and efforts at reaching a deal with Iran. However, between 2010 and 2012 the negotiations with Iran produced no substantive results. In the interim in 2011, Iran’s Bushehr nuclear plant began operating and achieved a sustained nuclear reaction. Further, Iran announced its intention to increase the amount of 19.5% enriched uranium it produced. This was all documented in the IAEA 8 November 2011 Report. That document also included further information on Iran’s deceptive practices even before 2004.

Then the final turn of the screw. As part of the National Defense Authorization Act, Congress passed legislation allowing the U.S. to sanction foreign banks if they process transactions with the Central Bank of Iran. The EU slapped a ban on the import of Iranian oil and prevented insurance companies from indemnifying tankers carrying Iranian oil. Negotiations, though protracted, began in earnest and at a deeper level through 2012 with more substantive exchanges of proposals and, on another level, crucial technical meetings. However, there was still no substantive movement on key issues.

At the United Nations on 27 September 2012, Israeli Prime Minister Benjamin Netanyahu drew a red-line: if Iran amassed enough (250 kilos) uranium enriched to 20 percent. Without saying so, the red line implied that Israel would then launch an air attack against Iran’s nuclear facilities. (See the U.S. Government analysis of that threat: http://fas.org/sgp/crs/mideast/R42443.pdf.) Initially this did not seem to deter Iran as, according to the IAEA November report, more centrifuges were installed at Natanz and Iran completed installation of the 2,800 centrifuges for Fordow. However, Iran kept constant the number of cascades producing 20 percent enriched uranium. The P5+1 talks with Iran still went nowhere until Hassan Rouhani, a former nuclear negotiator, was elected president of Iran on 14 June 2013.

With that, especially after Iran’s Foreign Minister Javad Zarif at the UN in September 2013 presented a new proposal to the Americans and President Barack Obama had a telephone conversation with Iranian President Hassan Rouhani, talks then moved very rapidly towards the conclusion of the November 2013 Framework for Cooperation Agreement (FCA) and the Joint Plan of Action in response to the demonstrably new candor from Iran.

Next: The Terms of the Framework for Cooperation Agreement (FCA)

Netanyahu’s Address to Congress

Prime Minister Benjamin Netanyahu’s Address to Congress

by

Howard Adelman

I have now heard Bibi’s 3 March speech once and read it three times. It is a brilliant speech, superbly crafted and delivered with the right balance of concision and pauses, but fundamentally flawed in its logic and selective use of evidence. Since when did logic convince anyone of anything? But perhaps facts will. Besides, convincing is beside the point. The speech was not intended to persuade anyone of anything. This was grandstanding in the grand manner with conviction, passion and organized superbly. And the speech builds to a marvelous crescendo.

The speech is organized in seven parts:

Part I:    A reaffirmation of the firm and eternal ties between the U.S. and Israel

Part II:   A depiction of Iran as run by an unwavering Satan

Part III:  A Prolegomena to Nuclear Negotiations

Part IV:  An Analysis of those Negotiations

Part V:   A Summary of the Bottom Line

Part VI:  A Proposed Alternative

Part VII: An Emotional Postscript.

This blog will analyze the first three parts.

Part I – Israel and the U.S.

Bibi began by insisting his speech was above politics. Though it gave him unprecedented exposure two weeks before Israelis go the polls, I believe him. I do not think he came to Washington to boost his electoral chances at home. First, if that was his motive, the anticipated repercussions of his visible breech with Obama would play negatively back home among middle road voters whom he needed to woo at the same time as his standing up to the White House would swell the chests of his own ardent supporters. The risk was a mug’s game.

At the same time, he did not come to Washington to sew divisions within the Democratic Party and went out of his way, not only to celebrate the links between Israel and U.S., but to laud Obama’s consistent support for Israel, overt support, such as strengthening security cooperation and intelligence sharing and opposing anti-Israel resolutions at the U.N., less widely known support such as Obama’s response to Bibi’s request for urgent aid in the face of the 2010 raging Carmel forest fire, vital assistance in 2011 when Israel’s embassy in Cairo was under siege, and in 2014 when Obama supported more missile interceptors during the Gaza summer operation in the conflict with Hamas. Bibi also alluded to much more covert cooperation which might never be known because those efforts touch on some of the most sensitive and strategic issues that arise between an American president and an Israeli prime minister. Bibi recognized, however, that such praise could never overcome the deep schisms his speech to Congress and open challenge to the White House Iranian policy had brought about.

So why did he come? The content and structure of the speech point to its purpose. The next section on Iran signaled the purpose: it was his obligation to address the issue before the American public, the Israeli public and the world public. There could be no better place than the American Congress.

Part II – Iran

For Bibi, Iran’s quest for nuclear weapons, as is well known, poses an existential threat not only to Israel, but to Jews everywhere. This could not be clearer than his link of contemporary Iran with ancient Persia, the link with Purim and the threat of the Jew-hater, Haman. As Bibi said, “Iran’s Supreme Leader, Ayatollah Khamenei, spews the oldest hatred, the oldest hatred of anti-Semitism with the newest technology. He tweets that Israel must be annihilated.” I have been unable to determine, as some have contended, that these interpretations are based on a twisted translation of what he really said. However, as Abraham H. Foxman, the Anti-Defamation League’s National Director noted in June 2013, Khamenei in a Facebook posting on the eve of Iran’s 14 June presidential elections, featured a classic anti-Semitic picture portraying Jews, in particular, AIPAC, as controlling the United States government. A year ago on 14 March Nowruz, the Persian New Year, Ayatollah Ali Khamenei insisted that the historical reality of the Holocaust is “unknown”; he questioned whether it “actually did happen.”

Netanyahu then linked the Iranian leader’s support for anti-Semitism with the views of his terrorist satraps. Hassan Nasrallah, Hezbollah leader, is quoted as stating, “If all the Jews gather in Israel, it will save us the trouble of chasing them down around the world.” Bibi could also have cited other quotes, such as the following two just as often attributed to Nasrallah. “They [Jews] are a cancer which is liable to spread at any moment.” (This was originally on an Israeli government website http://tinyurl.com/99hyz but I have been unable to recover it.) There is another quote from Amal Saad-Ghorayeb’s Hizbu’llah: Politics and Religion, “If we searched the entire world for a person more cowardly, despicable, weak and feeble in psyche, mind, ideology and religion, we would not find anyone like the Jew. Notice, we do not say the Israeli.” (fn. 20, ch. 8) Saad-Ghorayeb subsequently admitted the quote was erroneous, though it was also included in her PhD thesis; she admits she should have properly checked it.

Unfortunately, or fortunately depending on your politics, the other two statements also cannot be authentically attributed to Nasrallah as much as I personally disapprove of his politics. The one Bibi cited was traced back to an article by Badih Chayban in Beirut’s English-language Daily Star on 23 October 2002, but the paper’s editor would not vouch for its accuracy or that of his former reporter. He even insisted that Chayban had never interviewed Nasrallah or anyone else. No other news source cited these quotes in their reports on Nasrallah, but Bibi is correct that Israel is surrounded by Iranian satraps in Gaza, Lebanon and the Golan with Syria in the background slaughtering its own citizens. Further, other Iranian proxies are seizing power in Iraq and Yemen.

I believe his assessment that “Iran’s regime poses a grave threat, not only to Israel, but also to the peace of the entire world,” is also accurate and that Iran is run by “religious zealots” through a “dark and brutal dictatorship” dedicated to exporting “the revolution throughout the world.” Though uttered in part as flattery to his hosts, Netanyahu is also correct in contrasting Iran with America and its promise of life, liberty and the pursuit of happiness. Further, Iran has certainly targeted Americans in the past. Since U.S. diplomats were held hostage in Tehran. Iranians were behind the killing of American marines in Beirut and the killing of American soldiers in Iraq and Afghanistan. In July 2011, The Wall Street Journal reported that Iranians had been arming anti-American militants in both theatres of war, a report confirmed by U.S. State Department officials. Finally, Netanyahu was correct that Iranian officials were behind the plot to assassinate the Saudi Arabian ambassador, Adel Al-Jubeir, with a bomb in a restaurant in Washington. Attorney General Eric Holder confirmed that the plan was “conceived, sponsored and was directed from Iran” by a faction of the Iranian government.

With a 90% accuracy rate in his examples unusual for Bibi must we “all stand together to stop Iran’s march of conquest?” Sure! That is what the P5+1 are doing. Netanyahu’s Israel is the outlier, not America. The question is how one stands against Iran and with what tools? The key question is what has this all to do with the nuclear negotiations? In the next section, Bibi set the stage for the nuclear negotiations.

Part III:  A Prolegomena to Nuclear Negotiations

Netanyahu first had to demonize Iran further. Did he do so by returning to his more normal pattern of hyperbole and distortion lest he suddenly earn a reputation for veracity and be declared a credible witness as a result of the first one-third of his address to Congress? Netanyahu declared that, “two years ago, we were told to give President Rouhani and Foreign Minister Zarif a chance to bring change and moderation to Iran.” Who claimed that? Rouhani had run on a platform of moderation. He openly campaigned on re-opening a dialogue with the U.S. The nuclear negotiations were not intended to make Iran moderate, but resulted from Iran’s declared commitment to follow a path of moderation. Netanyahu had deliberately reversed the causal order.

Further, the Obama regime had not seen its objective as making Iran a moderate regime. The White House had three goals. First, to be the first American administration since the end of the Cold War to prevent a new nuclear power from emerging; second, to prevent a nuclear conflict in the Middle East; third, to establish a different relationship between America and Iran.

Was Rouhani sincere in his professed outreach? In his speech immediately after his inauguration he promised a government of righteousness, honesty and trustworthiness and a rejection of extremism and declared, “The people voted for moderation…the people want to live better, to have dignity, and enjoy a stable life. They want to recapture their deserving position among nations.” Rouhani called for better relations with the world and the end of international sanctions. “The only path to interact with Iran is through negotiations on equal grounds, reciprocal trust-building, mutual respect and reducing hostilities.”

The central issue was whether to continue coercive diplomacy by upping the ante and increasing the pressure on an Iran already suffering from accelerating inflation and a weakened currency resulting from the sanctions already in place, or whether to use those pressures to initiate a program of constructive engagement based on Rohani’s offer to improve relations by making the nuclear program more transparent and improve relations with Western nations. Ronald Reagan had tried coercive diplomacy with Pakistan and vowed that country would not acquire nuclear weapons; he failed. Bill Clinton did the same with North Korea that now has probably accumulated one hundred nuclear bombs. Most saw such efforts as futile and incapable of preventing a country from acquiring nuclear weapons. Further, experts on Iran decried America’s failure to offer inducements and encouragement to the previous moderate president, Mohammad Khatami, and pointed to America’s failure to take advantage of a historic, but time-sensitive, opportunity.

But that is not how Netanyahu framed the debate. Instead, the regime of the ayatollahs was and remains a monolithic monstrosity. Rouhani’s insistence on emphasizing “economic priorities, detente with the West, enhanced relations with Iran’s neighbors, new nuclear diplomacy, respect for guilds and syndicates in Iran, an inclusive non-factional government of ‘moderation and consensus’, and political tolerance,” was for Netanyahu a sham. Rouhani was a wolf in sheep’s clothing.

How do you find out? Bibi argued that you do so by checking whether Rouhani’s regime had become more moderate in treating its own citizens. How did the new government rate? For Netanyahu, terribly. “Rouhani’s government hangs gays, persecutes Christians, jails journalists and executes even more prisoners than before.” It is not clear why Bibi left the persecution of Bahá’is off his list. The conclusion was clearly drawn from Benjamin Weinthal’s report for the Foundation for Defense of Democracies on Rouhani’s first hundred days. The report did point to the prosecution of Christians for drinking communion wine during a religious service, the arrest of “homosexuals and devil worshippers,” the continued persecution of embattled practitioners of the Bahá’i faith, and the uptick in executions in the Islamic Republic since the presidential elections, The report offered no evidence of any moderation by the Rouhani government.

But that report was for the first hundred days. What about later? In January 2014, a UN report stated that Iran continued to imprison Christians for their faith and designated house churches and evangelical Christians as “threats to national security.” At least 49 Christians were among 307 religious minorities being held in Iranian jails as of January 2014. The UN report berated Iran for its hostility to Jews, Bahá’is, Zoroastrians and Dervish Muslims as well, though, as reported in a recent blog of mine, the Iranian government recently launched a charm and money contribution campaign for the remnant of 4,000 Jews remaining in Iran. What the report also said was that Rouhani had not proven capable yet of controlling the hard-liners.

Those hard-liners explicitly reject a deal, as much to protect their positions and their perks as out of extreme ideological positions. A deal once concluded would enable the moderates to consolidate their power.

Is the execution rate in Iran an appropriate measure of moderation? I believe it is a measure of the strength of the deep state in Iran. China is often cited for its high execution rate, but it is not counted for accurate records are unavailable. China probably executes thousands per year, more than the rest of the world put together. Yet Israel is actively seeking to enhance trade with China. In 2013, based on official records, of 778 executions around the world, Iran and Iraq were jointly responsible for 538 of them, 369 in Iran, 55 more than in 2012. Activists insist that the figure is much higher and that the actual number of executions was more than twice that number. In 2014, using both official and unofficial sources, the Iran Human Rights Centre reported that the numbers executed were slightly up again to a total of 721, the vast majority for drug trafficking, but a significant minority for murder and a smaller number for rape and armed robbery. One person was executed for sodomy and a second for kidnapping. Four – Ghalamreza Khosravi, Omid Pin, Imam Galavi and Hashem Shabaninejad – were executed for Moharebeh, “waging war against God and the state.”

In any case, is Iran’s treatment of religious minorities and gays, is its execution rate, the litmus test of Iran’s greater moderation in the effort to produce nuclear weapons? Bibi, as if anticipating such a question, shifted to four foreign policy issues: Iran’s support for terrorism, Iran’s continued anti-American practices, Iranian ideology and Islamic State. With respect to the first, support for terrorism, Bibi pointed to Foreign Minister Mohammad Javad Zarif who had laid a wreath at the grave of Imad Mughniyeh (al-Hajj Radwan), head of Hezbollah military intelligence and a possible successor to Nasrallah as head of Hezbollah. Mughniyeh was behind the Beirut barracks bombing and the two 1983 U.S. embassy bombings. He was also indicted in Argentina for his alleged role in the 1992 Israeli embassy attack in Buenos Aires. U.S. officials accused Mughniyeh of killing more United States citizens than any other militant prior to Osama bin Laden.

Yet Zarif was photographed laying a wreath at the grave of Mughniyeh on 14 January 2014 just days after negotiations based on the Joint Plan of Action commenced to move Iran towards a strictly peaceful use of its nuclear facilities. Netanyahu was wise to choose that incident for it was widely viewed as sending a negative signal of Iranian intentions. Caitlin Hayden, spokeswoman for the White House National Security Council, condemned the action. “The inhumane violence that Moughniyeh perpetrated – and that Lebanese Hezbollah continues to perpetrate in the region with Iran’s financial and material support – has had profoundly destabilizing and deadly effects for Lebanon and the region.”

Clearly, Bibi had chosen a symbolic support for terrorism that touched Americans rather than a concrete incident illustrating continuing Iranian support for terrorism. For example, Netanyahu could have cited an event that took place two months later when the Israeli navy intercepted a freighter loaded with dozens of Syrian-made M-302 rockets evidently bound for Hamas in Gaza, rockets capable of hitting any target in Israel. They were hidden under bags of concrete. But then Zarif in turn could have cited Reagan’s support for Saddam Hussein’s terrorist regime and its war against Iran, for Reagan had provided Iraq with aerial photographs of Iranian troop movements upon which Iraq blasted shells of mustard gas. There were fifty thousand casualties, including thousands of deaths, many more on balance than the Americans had suffered from state-sponsored terrorism.

While portraying Zarif as a supporter of terrorism, Netanyahu deliberately ignored a number of signs and signals communicated by Zarif of a change in Iranian policy. Robin Wright in his portrait of Zarif in the 26 May 2014 issue of The New Yorker called “The Adversary: Is Iran’s nuclear negotiator, Javad Zarif, for real?” opens with a very revealing story. Zarif, after coming into office and opening a new twitter account, sent out his second tweet. It wished Jews all around the world a “Happy Rosh Hashanah.” What a contrast this was with Mahmoud Ahmadinejad who had challenged Israel’s right to exist, urged Jews to return to the countries they came from, and questioned the occurrence of the Holocaust. Suspecting something phony, Christine Pelosi, daughter of Democratic Minority House leader, Nancy Pelosi, sent a tweet. “Thanks. The New Year would be even sweeter if you would end Iran’s Holocaust denial, sir.” Christine Pelosi’s husband is Jewish and their daughter attends a Jewish preschool. Zarif responded: “Iran never denied it. The man who was perceived to be denying it is now gone. Happy New Year.” Subsequently in the Iranian parliament, Zarif came close to being censured for insisting that the Holocaust was a “horrifying tragedy.”

Thus commenced the new opening and dialogue between Americans and Iranians, easier since Zarif, like Netanyahu, spent years living in the U.S. and his two children are American citizens based on their place of birth. On 26 September, Zarif met John Kerry at the UN to discuss resuming negotiations on Iran’s nuclear program. President Rouhani, in New York for the General Assembly, spoke the next day for fifteen minutes on the phone to President Obama, the first conversation between Iranian and American leaders since the Shah’s ouster in 1979.

Netanyahu’s appeal to American sensibilities was his main reason for emphasizing the references to America as “The Great Satan” and calling for “Death to America.” What was left out is that when Zarif took his walk with Kerry for fifteen minutes in Europe in mid-January, Zarif was hauled before Parliament in Iran to explain why he was becoming intimate with America, “The Great Stan,” and then was interrogated to determine whether or not he was giving in to America’s great demands and endless sabotage of the talks. But citing such facts would detract from Netanhayu’s pitch that the leadership of Iran is a monolith. Further, it might bring attention to the fact that Zarif overtly eschews depicting America in that way.

As Ben Rhodes, Obama’s White House spokesman said, “There is a constituency that now has some degree of power in the Iranian system, that really wants to climb out of this isolation, and is willing to do things that they didn’t previously do…We don’t know how far this can go—both on the nuclear issue and on the broader relationship…They’ve got to decide whether we’re the Great Satan or whether we are their ticket into the community of nations.”

Netanyahu had two more cards to play before he got to the heart of the matter, the nuclear negotiations – ideology and the Islamic State card. He claimed that the Iranian regime was deeply rooted in militant Islam and hence inherently anti-American. Though Iranian ideology is indeed rooted deeply in Islamism, it is also blended in with nationalism, nativism and non-membership in any bloc but its own, especially the American-led Western bloc and the Eastern bloc. Moreover, in spite of George W. Bush’s insistence that Iran was part of the axis of evil, in 2002 74% of Iranians favoured resumption of relations with the U.S. However, ideology did dictate that punishment be meted out to the pollsters. Abbas Abdi and Hossein Ali Qazian were sentenced to jail for eight and nine years respectively for “publishing nonscientific research.” As George W. Bush in a rare case of insight and clarity said, “The people of Iran want the same freedoms, human rights, and opportunities as people around the world. Their government should listen to their hopes. In the last two Iranian presidential elections and in nearly a dozen parliamentary and local elections, the vast majority of the Iranian people voted for political and economic reform. Yet their voices are not being listened to by the unelected people who are the real rulers of Iran.”

Ideology does play a harsh repressive role, but there are other competing forces and voices within the Iranian spectrum that percolate to the top. Under President Mohammad Khatemi, errors by both sides sabotaged the efforts for “a dialogue of civilizations” The reality is, in fact, that America has won the battle for the hearts and minds of the Iranian people, not the dictatorial ayatollahs and zealots. The issue is how to take advantage of that fact.

What about Netanyahu’s use of the Islamic State card? “The battle between Iran and ISIS doesn’t turn Iran into a friend of America [condescending and insulting]. Iran and ISIS are competing for the crown of militant Islam. One calls itself the Islamic Republic. The other calls itself the Islamic State. Both want to impose a militant Islamic empire first on the region and then on the entire world. They just disagree among themselves who will be the ruler of that empire. In this deadly game of thrones, there’s no place for America or for Israel, no peace for Christians, Jews or Muslims who don’t share the Islamist medieval creed, no rights for women, no freedom for anyone. So when it comes to Iran and ISIS, the enemy of your enemy is your enemy.”

Impressive phrasing but false reasoning. If Americans and Iranians can forge an implicit cooperative arrangement to defeat the far more extremist Islamic State, that will have repercussions within Iran. Netanyahu’s reasoning is that, “Iran could soon be armed with intercontinental ballistic missiles and nuclear bombs.” Intercontinental missiles, possibly. But under a negotiated regime, no nuclear bombs. And even without such a regime, Iran, as Mossad reported to the Israeli government, is a lot further from a nuclear bomb than some politicians would lead us to believe. Bibi may indeed be right that, “the greatest danger facing our world is the marriage of militant Islam with nuclear weapons.” But the issue is whether coercive diplomacy or constructive engagement is the best route to prevent such an outcome. In the past, coercive diplomacy has had a record of failure. Can constructive engagement succeed?

Thus far I have analyzed the first half of Netanyahu’s address to the U.S. Congress in which Netanyahu set the stage for his critique of the negotiations and the impending agreement. Basically, he insisted that America and Israel were true partners through thick and thin. At the same time he insisted that Iran was an implacable foe of America as well as Israel whether so-called moderates were in power or whether extremists were. In the second half, Netanyahu addressed the negotiations directly.

Part IV The Nuclear Negotiations

Netanyahu began this direct attack on the negotiations with his most general and fundamental criticism. The greatest danger facing our world is the marriage of militant Islam with nuclear weapons. For Netanyahu, that is exactly what could happen if the deal now being negotiated is accepted by Iran. He did not say “would” or suggest he had even more infallible power than a pope because he had the ability to predict the future. And he is correct. That “could” happen. But what is the likelihood of that result if there is a deal versus if there is no deal (or, as he finally suggested before he ended his speech, if there is a better deal than the one probably on the table). Instead of offering the pros and cons of either scenario or the third one he eventually brought up, Bibi slipped from “could” to “would”.

Netanyahu in his next assertion suggested that an Islamist state possessing nuclear arms would result from the negotiations. As he said, the deal will all but guarantee that Iran gets those weapons, lots of them. What is the basis of this prediction? Perhaps that almost certain outcome is built into the deal. Netanyahu argues that the deal contains two basic provisions. Netanyahu calls them “concessions” even though they are not concessions in terms of the 13 November 2013 Joint Plan of Action which envisioned Iran retaining a capacity to enrich uranium for peaceful purposes. The question is how many are sufficient for the peaceful use of nuclear weapons.

Netanyahu declared that the major concession would leave Iran with a vast nuclear infrastructure. What is a vast infrastructure? Vast is an equivocal adjective. By vast, does Bibi mean great in size, very large in numbers, covering a great expanse of territory or consisting in a great variety and type of centrifuges with different speeds and intensities. Or perhaps he means a combination of some or all of them. The last seems unlikely since there are only three types, basically two older models and one modern high speed type of gas centrifuge though there are new models under development such as Australia’s laser being put into a commercial test in the U.S. Similarly, since, excluding the Tehran research reactor, nuclear production is located at Fordow, Arak and Natanz so Netanyahu could not be referring to a vast expanse of territory. He must have been referring to the central issue, the number of centrifuges.

Netanyahu had been correct in claiming that not a single nuclear facility would be demolished. Thousands of centrifuges would continue to be used to enrich uranium. Thousands more would be temporarily disconnected, but not destroyed. But the question was whether those disconnected and those not yet commissioned would pose a danger. To assert this would was an explicit insult to the IAEA and the P5+1 negotiators and the technical staff.

From 2008 to 2013 when the Joint Plan of Action was signed, Iran roughly tripled the number of centrifuges it had, from 6,000 to 19,000, 9,000 of them operating. In speeches, the ayatollah leadership had articulated an ambition to have 50,000 in operation. Fifty thousand might be considered a vast number for Iran. Nineteen thousand was considered too large a number by P5+1 during the negotiations throughout 2014. The goal, seemingly achieved, was to push Iran back to 6,500 centrifuges. About half would be of the advanced high-speed variety. Was that number considered “vast”? Not according to the IAEA, the international agency monitoring the capacities of various countries to produce enriched uranium under the international non-proliferation treaty.

Netanyahu had now come to one central issue. He was clearly engaged in extraordinary hyperbole. Further, he was late in the game. All along, he had pushed for a zero sum game – NO centrifuges for Iran. In his Congress speech, he seemed to have modified his position to argue that Iran would still be left with too many under the agreement. Making this argument in a politically divisive climate and a context of hyperbolic statements and without any detailed arguments to back up his claim, an argument that might have been put forth as a reasonable position about a year ago, especially if backed up by data and analysis, now came across as desperation by an individual with an inflated vision of himself and backed into a corner.

Though he had been correct in asserting that simply disconnecting a few pipes, as he seemed to suggest, would be an inadequate step, it would be hard to find anyone who disagreed with such an assertion. The real question was whether the de-commissioned and unused centrifuges would be stored in a safe manner and at a location where they could not be easily put back into production.

Though he made his claim, it had virtually no credibility in terms of known facts, but he made the claim as if it were a fact. And he was applauded for it. Why? Because leading Republicans make the same wild assertions that Bibi just echoed. Then he stretched the truth even further and engaged in an outright lie when he claimed that Iran’s nuclear program would be left largely intact. The program’s goals of 50,000 centrifuges had been stopped in its tracks. The actual number of centrifuges that would be left in an operating capacity would have been rolled back to 6,500.

The conclusion of every single expert, including Israeli ones, was not the one Netanyahu had made that Iran’s break-out time would be very short – even shorter by Israeli calculations – but would be about a year, sufficient time to make enough highly enriched fuel of 90% for one nuclear device. Perhaps one year was too short to allow the reports of inspectors to filter through the capitals of various states and to put measures in place to counteract an Iranian effort. But attend to the issue. Don’t distort accepted conclusions to score invalid points.

Then Netanyahu made a concession. “True, certain restrictions would be imposed on Iran’s nuclear program and Iran’s adherence to those restrictions would be supervised by international inspectors.” But he made it just to undermine the argument. “But here’s the problem. You see, inspectors document violations; they don’t stop them. Inspectors knew when North Korea broke to the bomb, but that didn’t stop anything. North Korea turned off the cameras, kicked out the inspectors. Within a few years, it got the bomb.”

Unfortunately, any reasonable historical understanding of how North Korea acquired nuclear weapons is precisely the opposite of the one Netanyahu suggested. What was the history of North Korean‘s nuclear program? In 2003, NK opted out of the Non-Proliferation Treaty and kicked out international inspectors. By 2006, NK announced that it had conducted its first underground explosion. In 2007, NK confirmed it had nuclear weapons. In 2009, Korea was confirmed as a member of the small club of nations in possession of nuclear weapons. The break-out period between removal of inspectors and acquisition of a nuclear device had been 3-4 years and was six years before NK became a nuclear menace. The separation enrichment process needed to carry out this program was carried out first in 2003 after the inspectors were kicked out and then again in 2005.

To get just a glimpse of what had happened it is necessary to go back another decade before the inspectors were forced to leave. In 1994, NK’s reprocessing had been frozen a year after NK threatened to withdraw from the NPT. Under threat of air strikes against its reactors, and in return for an American promise to supply light water reactors and the requisite fuel, NK stopped its enrichment program. The latter condition was never fulfilled – whether because of NK subversion of the arrangements or an American change of mind under George W. Bush. The result – a tough line, no inspectors and the development of nuclear weapons. It was not inspections conjoined with constructive engagement that led to NK acquiring nuclear weapons. Rather it was the absence of inspections and constructive engagement the produced that result.

When NK and the U.S. agreed to a framework agreement back in 1994 when it was estimated that NK already had a capacity to make one or two bombs per year, The Agreed Framework signed by the United States and North Korea signed on 21 October 1994 in Geneva agreed that:

  • North Korea would freeze its existing nuclear program and agree to enhanced international Atomic Energy Agency (IAEA) safeguards.
  • Both sides would cooperate to replace the D.P.R.K.’s graphite-moderated reactors for related facilities with light-water (LWR) power plants.
  • Both countries would move toward full normalization of political and economic relations.
  • Both sides will work together for peace and security on a nuclear-free Korean peninsula.
  • And that both sides would work to strengthen the international nuclear non-proliferation regime.

The framework agreement and the inspections worked for nine years. When NK broke out of the agreement, the U.S. was busy with a war in Iraq based on a lie that Iraq had acquired weapons of mass destruction, but George W. Bush did not bomb NK’s facilities when he could and perhaps should have. Netanyahu’s argument was that Iran had followed the North Korean path. “Like North Korea, Iran, too, has defied international inspectors. It’s done that on at least three separate occasions – 2005, 2006, 2010. Like North Korea, Iran broke the locks, shut off the cameras.”  The lesson most observers would take is that coercive diplomacy does not work. Constructive diplomacy does. When it fails, the problem is not inspectors who are being cheated. The problem was that coercive diplomacy when needed was applied to the wrong country.

What about the second major “concession” which so bothered Netanyahu – the expiry of any deal in only ten years? Notice, Netanyahu was no longer insisting that the amount of low enriched uranium that Iran was allowed to retain was the problem. Nor was he insisting any longer that the issue was that the deal had a sunset clause. He now argued that the sunset clause came too fast. But he no sooner mentioned that issue than he totally misconstrued it. “What will happen when Iran’s nuclear capabilities are virtually unrestricted and all the sanctions will have been lifted, Iran would then be free to build a huge nuclear capacity that could result in a more dangerous Iran, a Middle east littered with many, many nuclear bombs?”

However, no one has ever suggested that Iran’s capabilities would be totally unrestricted. They would continue to be restricted by the NPT. Inspections would continue. What was suggested was that if Iran had kept its part of the deal, sanctions would not just be waived but cancelled altogether. Further, Iran would be allowed to acquire and install another 3,500 centrifuges. .Rather than an unrestricted regime following a restricted one, restrictions would continue, but the terms eased to those in conformity with the obligations and rights of any UN member operating according to the NPT.

Further, if Iran, like NK, decided to break the agreement after ten years, the situation would not be that, “When we get down that road, we’ll face a far dangerous Iran, a Middle East littered with nuclear bombs and a countdown to a potential nuclear nightmare.” Utter balderdash! Iran in 2015 is far less dangerous vis-a-vis nuclear weapons than in 2013. In 2025 it will be far less dangerous still. If Iran decides to follow the lead of NK and make a break towards a nuclear bomb, Iran would have a harder time then. Deterrence might then fail as it did for NK in 2003 when the U.S. lost its credibility in its commitment to restricting weapons of mass destruction because there were none in Iraq, and then proved incapable of using force against NK when it was fully justified to do so.

John Kerry, whom Netanyahu referred to as his friend – if Netanyahu is a friend of Kerry’s, Kerry needs no enemies – did NOT say that Iran could legitimately possess a massive nuclear capacity at the end of ten years. Iran would be enabled to acquire a larger capacity. Look at Netanyahu’s choice of adjectives: “vast”, “massive”. These are both distortions and fear mongering. They are not accurate attempts to engage in a difficult debate over options. Netanyahu’s “friend,” John Kerry, actually said that he questioned the judgment of Israeli PM Benjamin Netanyahu over his stance on Iran’s nuclear program. The Israeli PM “may not be correct,”, Mr Kerry said after attending the latest Iran nuclear talks in Geneva after reacting to a speech in which Mr Netanyahu had said the U.S. and others were “accepting that Iran will gradually, within a few years, develop capabilities to produce material for many nuclear weapons”. Mr Kerry told senators President Obama had made it clear that the policy was not to let Iran get nuclear weapons.

Netanyahu does not always distort and exaggerate when he comes to the analysis of the negotiations. After all, Iran’s Intercontinental Ballistic Missile program is indeed not part of the deal, and Iran refuses to even put it on the negotiating table. Iran could indeed in ten years have the means to deliver that nuclear arsenal to reach the far corners of the earth, including to every part of the United States. But Iran’s missiles were never intended to be part of the deal as is clear in the JPA. The issue in dispute is not over missiles, but over the research to produce a warhead that could carry a nuclear weapon. Further, Iran is free to conduct research to improve the rate at which it can produce enriched uranium.

Part V: The Bottom Line

Why would anyone make this deal? Because, according to Bibi, they hope that Iran will change for the better in the coming years, or they believe that the alternative to this deal is worse. The latter is certainly true and so is the former for a minority in the Obama administration. Further, I agree with Netanyahu that Iran’s radical regime supporting terrorism, seeking regional power status and continuing its aspiration to have Israel disappear from the Middle East will continue. Whether it grows, decreases or remains the same, it is not the deal that will wet its appetite. Rather, the deal will enhance Iran’s opportunities when it neither has the expense nor the propensity to turn itself into a pariah with a nuclear energy program. The deal will diminish not enhance the possibility of a nuclear arms race in the Middle East.

Part VI: A Realistic Alternative

Netanyahu then offered two alternatives. The first was a non-starter – linkage of the restrictions on Iran’s nuclear program to restrictions on Iran’s support for terrorism and constraining Iran’s political ambitions, including becoming a regional power and aspiring to eliminate Israel from the Middle East. This had been his repeated position. The second alternative was one Alan Dershowitz latched onto as the core issue in the deal – extending the sunset clause. I suspect this would be a deal breaker, but I am not sure. In any case, making it a deal breaker depends on accepting Netanyahu’s assessment of the results of not doing so – a runaway Iran seeking to acquire nuclear weapons after the ten years, a proposition based on false logic and little evidence. Put forth in a reasonable way, backed up with facts and analyses and argued one year earlier, then this would have been a reasonable position to take. As a last minute switch, it could only be properly viewed as a parlour trick as much as Dershowitz was entranced by it. But then Dershowitz is a litigation lawyer with an expertise in parlour tricks before a jury.

While the lack of a deal might lead to a Middle East nuclear arms race, the presence of a deal will not propel a nuclear arms race in the Middle East. The absence of one has a high probability of doing just that. Insisting on depriving Iran of even a peaceful use of a nuclear program is far more likely to set off such a race than the arriving at a restrictive agreement.

Without thousands of centrifuges, tons of enriched uranium or heavy water facilities, Iran can’t make nuclear weapons. True. But Iran already has them. The issue is not total deprivation but managed constraint. False aspirations, not an agreement, will produce a far worse scenario. Unfortunately, the audience applauded Netanyahu’s absurd and illogical claim. But that merely set the stage for the final session of open cheerleading until each sentence uttered elicited standing applause until the members of Congress had been subjected to the enormous strain of standing up and sitting down while they clapped for 27 times in total.

Robert Frost was cited as offering the road less traveled by to applause, even though constructive diplomacy is the road less traveled by, one which tends to be more successful. Elie Wiesel sitting beside Netanyahu’s wife for a photo-op was pointed to as standing for “Never Again” when “Never Again” had nothing to do with the nuclear negotiation. Nevertheless, there was another standing ovation. When Netanyahu played the Zionist as well as Holocaust card, he put forth the oft repeated but false thesis of a revived national state that would and could guarantee a refuge for Jews under threat, ignoring totally that Jews in Israel were most under threat. Again applause. For Netanyahu and his ilk, Israel is not the result of justified self-determination of a people in its historic homeland, but was created in the aftermath of a holocaust and world guilt when there is absolutely no historical evidence that the Holocaust had anything to do with the world community recognizing Jewish collective rights.

Each card played – the Frost one of choices, the anti-appeasement card, the Holocaust and the Zionist cards – each elicited after each part was uttered standing room applause. After those cards were dropped on the platform, Netanyahu returned to the American one identifying America and Israel. This elicited the most applause, even more than the Biblical card when Netanyahu pointed to a portrait of Moses leading his people to the Promised Land.

Netanyahu came to Washington to lead a cheer-leading session, not to weigh evidence and argue logically with empirical backing to critique the negotiations. So he could ignore the position Mohammad Javad Zarif took in the May/June issue of Foreign Affairs, namely that, “Iran has no interest in nuclear weapons and is convinced that such weapons would not enhance its security. Iran does not have the means to engage in nuclear deterrence—directly or through proxies—against its adversaries. Furthermore, the Iranian government believes that even a perception that Iran is seeking nuclear weapons is detrimental to the country’s security and to its regional role, since attempts by Iran to gain strategic superiority in the Persian Gulf would inevitably provoke responses that would diminish Iran’s conventional military advantage.”

It is too bad. An opportunity to enhance a rational debate on a most fundamental issue was squandered.

IAEA 19 February Report on Iranian Compliance

IAEA 19 February Report on Iranian Compliance

by

Howard Adelman

Although the U.S. is the primary negotiator with Iran on behalf of the P5+1 team, Iran is required to be compliant with United Nations Security Council (UNSC) approved provisions in the Non-Proliferation Treaty (NPT) Safeguards Agreement under the terms of the Joint Plan of Action (JPA) mandatory under Chapter VII of the United Nations Charter. The UNSC is the key reference point, not the U.S. The JPA of 11 November 2013, which took effect on 20 January 2014, was to be concluded by 20 July 2014, but has since been extended first to 24 November 2014 and then to 30 June of 2015. However, as efforts to blow up the agreement by the U.S. Republican-dominated Senate have advanced, with new threatened sanctions against Iran to be voted on near the end of March, pressure has increased immensely to conclude an agreement much before June. The JPA never made provision for any restrictions on Iranian missile development because there are no relevant international agreements on such restrictions. In contrast, there are strict restrictions under the 15 May 1974 Non-Proliferation Treaty (NPT).

But there are other tools that might accomplish much of the same task. On 19 February, the IAEA issued its latest report on the compliance with the Joint Plan of Action (as extended). The first impression one gets in reading the report is the sense of urgency in resolving differences. On 7 February, when Iran’s Foreign Minister, HE Mohammad Javad Zarif, met with the IAEA Director General, they agreed to discuss the whole program of compliance at all levels and resolve all outstanding issues as soon as possible.

The IAEA confirmed that:

  • Iran has not enriched UF6 above 5% U-235 at any of its declared facilities
  • As required, all of Iran’s stock of UF6 enriched up to 20% U-235 has been further processed through downblending or conversion into uranium oxide
  • Enrichment of UF6 up to 5% U-235 has continued at the regular and not an increased rate of production
  • The amount of UF6 enriched up to 5% U-235 is 7,952.9 kg
  • No additional major components have been installed at the IR-40 Reactor
  • There has been no manufacture and testing of fuel at IR-40
  • The Agency continues to enjoy managed access to centrifuge assembly workshops, centrifuge rotor production workshops and storage facilities.

It should be a done deal, right? Wrong. There were still two outstanding practical measures. First, there remain reasonable grounds to believe that Iran has not provided access to all relevant information, documentation, sites, material and personnel essential to restoring international confidence, given Iranian previous disregard for international agreements and overt and covert attempts to ignore them. Second, with respect to the initiation of high explosives and neutron transport calculations, Iran has yet to provide any explanations for discrepancies pointed out and failed to make provision for practical measures to resolve such disputes. These issues have been outstanding since last May. They are not new issues that have been placed on the table.

Clearly, Iran’s repeated stalling on these issues raised suspicions as each round of talks passes without these being resolved or Iran even making practical suggestions for their resolution. One is left with the impression that Iran has been stonewalling. In total, Iran has declared 18 nuclear facilities (not counting Parchin which Iran declares is not nuclear – see appendix) and 9 other locations where nuclear material is used (dumps & hospitals using radioactive isotopes. Although activities being undertaken by Iran at some of the facilities remain contrary to IAEA requirements, and although Iran has not suspended all of its enrichment activities, IAEA has managed to verify that material has not been diverted and is being handled in accord with the JPA. As stated above, IAEA has attested that Iran has not produced enriched U-235 above 5% and all its 20% enriched materials has been transformed as required. Further, both Iran’s material and all of its processing facilities are currently under IAEA monitoring and containment.

So what precisely is the problem? I will not rehearse the detailed account of what Iran has done to become compliant. The list is long and detailed. However, in focusing only on the gaps in failures to comply, as I will shortly do, there is a propensity to come away with a distorted picture. Even more important, Iran has been compliant on all items that are not matters of interpretive dispute as to whether compliance is required under the JPA. The interpretive issues are key, not only to assessing compliance, but in the public relations issues to establish transparency in a credible way and to ensure that core related security issues are addressed, such as missile development capable of carrying a nuclear warhead, and not simply the ability to produce weapons-grade fuel. The issue of Iran as a regional power, its influence in Syria, Lebanon, Gaza and Yemen, and support of terrorism are other matters that will never become part of these negotiations.

To focus on two key outstanding issues, section H of the IAEA report details the possible military dimensions to Iran’s nuclear program. The issue is initially one of transparency and the concern of IAEA that Iran has not disclosed nuclear-related activities involving military related organizations. Thus, the issue is not about the core of the nuclear program – the number and status of its various centrifuges and the amount and form of its nuclear materials at the core of the negotiations – but whether Iran is developing a nuclear payload for a missile and a missile capable of carrying such a payload. Does the JPA include the military dimensions of Iran’s nuclear program? The IAEA says it does. Iran had never said it does not, but has never responded positively to IAEA’s probes on this issue or proposed practical alternatives for resolving them.

It does not matter what Iran thinks for two very different reasons. First, IAEA is the international arbiter, not a party negotiating with Iran. Secondly, if Iran does not deal with the issue, Obama will never get away with signing a deal and he already has more than enough difficulties on his plate from the negotiations. The opposition would turn into a firestorm quite aside from all the other issues not being dealt with in the negotiations. Specifically, IAEA requires access to all sites, equipment, persons and documents requested. IAEA’s suspicions have been further aroused by evidence IAEA has collected that Iran has carried out activities relevant to the development of a nuclear explosive device, information contained in its November report and further corroborated by additional evidence since.

The site is Parchin, not Fardow or Natanz. Parchin is located just outside of Tehran. It is the facility identified as a possible or even probable nuclear weapons site. But the IAEA has not been able to confirm or disconfirm its suspicions, though IAEA inspectors have accumulated considerable evidence to weigh in on the probability side. Further, the activities are extensive both in terms of size, location, access to needed expertise, links with military facilities and the command centre of the Iranian military. Key evidence has been provided by a series of satellite photos over time. The only reasonable explanation for that type of construction activity seems to be the development of a nuclear military facility.

Iran negotiators have adamantly rejected these suspicions, but, as the IAEA has reported, Iran has never offered a suggested process for falsifying them. Seyed Hossein Mousavian, Iran’s chief negotiator at the talks, instead insisted that, “we completely, categorically deny any nuclear activities in Parchin. Americans, again, they are lying because the IAEA have never asked for inspections and because they have claimed we rejected the inspections of the IAEA and the IAEA up to now they have never asked for inspections.” But whatever the truth about what is taking place at Parchin, the claim that IAEA has never asked for inspections is an outright blatant lie since even the most cursory reading of IAEA reports clearly shows that Iran has repeatedly been asked for information on and access to all areas of Parchin.

Instead of Mousavian providing a method for resolving the dispute, he repeatedly goes on a rant about American perfidy, accusing the Americans of supplying doctored satellite photos, but never offers access or information to falsify the evidence or even propose a method for falsification. The problem, of course, is that the same evidence supports an interpretation of developing high explosive but non-nuclear warheads. Access to Parchin would provide evidence on what every enemy of Iran would desire – intelligence about Iran’s non-nuclear program. But information on the facility, access and inspection are the only way to resolve the dispute. However, given Iran’s other ambitions, whatever their nuclear goals are, Iran has been totally obstinate about granting information and access to Parchin. Iran has instead insisted that IAEA provide prima facie evidence of nuclear activity at Parchin.

I suspect there will be none when Iran eventually provides access under strict conditions. But developing a military warhead for high explosive material is the same as developing one for nuclear explosions. Iran did provide access to IAEA in the past, in January 2005, but since access was restricted to only one of four areas identified as being of potential interest and to only five buildings in that area, though nothing incriminating was found in the area accessed, restricted access only exacerbated suspicions. These suspicions seemed to be confirmed in November 2011 when satellite photography recorded all kinds of haulage facilities removing material consistent with the possibility of a small nuclear accident at the plant or efforts to remove such material surreptitiously. But from samples taken from the areas visited a few years earlier, IAEA could find no evidence of nuclear material being used on the site. Further, since then, given the time gap and the possible efforts at covering their tracks, the Agency’s ability to conduct effective verification has been severely compromised. Even if there is no evidence of nuclear material, Iran has enough rapid centrifuges of advanced design that, given even its stock of depleted uranium, it could rapidly move to becoming a nuclear power as long as Iran masters two other components of the system, warhead design and an appropriate missile delivery system.

If the Parchin site had been used to develop a nuclear warhead, and if there was a contamination clean-up from November 2011 until the first few months of 2012, why would the Iranians not permit full access now? Perhaps, because the inspectors could find traces of nuclear material. Perhaps because Iran did not want any inspectors near its missile development program. But without supplying either access or another satisfactory approach to resolving the issue, IAEA will not confirm Iranian full compliance and there will be no deal.

The second issue is the discrepancy in neutron transport calculations. IAEA has proposed a system assessment to resolve the problem. This involves “considering and acquiring an understanding of each issue in turn, and then integrating all of the issues into a ‘system’ and assessing that system as a whole.” The Agency has assured Iran that once it “has established an understanding of the whole picture concerning issues with possible military dimensions, it will quickly undertake its analysis and report back to the Agency’s Board of Governors.

Besides these two major outstanding issues, there are medium ones and several minor ones. A medium range issue is limiting the number of centrifuges. The measure of the number of centrifuges Iran could retain is determined by their collective output. There has been evidence that at Natanz, the technicians had lowered the average separative output of the IR-1 cascades in order to be able to retain more cascades and, hence, more centrifuges. Thus, when limits were agreed to on the average output permitted, Iran would be able to retain a greater total of cascades. It is not as if IAEA could not figure this out. They easily did. However, the effect was to view the Iranians as petty tricksters rather than as key partners in establishing total transparency. This appeared more to be petty cheating rather than inadvertent omission. This and other errors and omissions enhance suspicions. They make it very difficult for the inspectors to retain both their cool and their objectivity. Of course, these unresolved issues also enhanced the belief that the Iranians were planning a breakout in less than one year.

Another example of an even more petty lack of transparency was Iran’s failure to report on the slightly enriched uranium (to about 2%) originating from tailings and dumped into emergency holding tanks. Iran was explicitly required to report on all nuclear material it possessed. Further, Iran has not been able to explain why it has been unable to complete the conversion of 3.5% LEU hexafluoride to the oxide form but only to an intermediate form. So even though Iran’s average daily production of 3.5% low enriched uranium (LEU) has decreased, even though Iran has been compliant with JPA on a very wide front of measures, one suspects a feint. It is as if the IAEA is dealing with a habitual thief and liar who has vowed to go straight and seems to be really trying but cannot help slipping back into old patterns of dissembling and dishonesty on the margins.

Iran continues to enrich U-235 to 5% for medical use and enriched UF6 to 20% U-235i used in its research reactors, but these activities are open to inspection. Iran has not yet provided preliminary design information and the construction schedule for the nuclear plants that Iran had announced it was expecting to construct on the Bushehr site at the beginning of 2015. Until the outstanding issues are resolved, IAEA will not be in a position to provide credible assurance about the absence of undeclared nuclear material and activities in Iran unless and until Iran provides the necessary cooperation with the Agency. And until the Agency can certify that all activities and nuclear material are devoted to peaceful purposes, no certification will be forthcoming.

Iran has five options. One, it can comply. Two, it can continue to stall, but that now seems to have come to a dead end on that route. Three, Iran can, through a series of small deviations, enhance its inherent capacity to produce weapons-grade uranium and therefore, reduce the real breakout period by months while it appears to be over a year. Four, Iran could try to make a side deal, say with Obama, if indeed he is the pro-Islam outlier that extremist Republicans claim he is; the evidence that Iran was trying to accomplish the third option was a counter-indication that Iranians were not up to the fourth option for that would have required Iran always to appear squeaky clean. Fifth, they could revert to the old order and the suspension of sanctions would then be cancelled. Iran seems to be trying for number three as it tries to get out of the corner in which it found itself.

Israel seems to have collected intelligence that a successful deal is in the offing. Hence the greatly enhanced activism of both Netanyahu and the Republicans in Congress. For both had been betting on the negotiations collapsing. The prospect of a successful outcome sent the fear of God down their spines. For such an agreement would not encompass Iranian missile development, only perhaps nuclear and perhaps high explosive warhead development. But certainly not Iran’s support for terrorism or its ambition to become a regional power. Just as certain, the British concern with Iran’s human rights record would not be addressed. For these reasons, any deal with Iran would be a bad deal for these critics.

Since I cannot envision the new Iran government wanting to revert to the pre-2014 regime that was crippling the Iranian economy or that Obama would agree to undercut the IAEA, and since stalling is no longer practicable, I concur with Israeli intelligence that a deal is in the offing and the IAEA will emerge as the hero of the whole process because it will also prevent the third option. Officials in Egypt, Israel and Saudi Arabia fear that the U.S. under Obama wants to focus its efforts on establishing order in the Middle East by accepting Iran as a regional power committed to stability and security, which may indeed be true, but this does not entail, as some also fear, replacing America’s traditional Middle East allies – Israel, Saudi Arabia, Turkey – with Iran.

Whatever the outcome, the use of Israel as a political football within the U.S. and the fallout between the White House and Netanyahu, though understandable from both sides, has left serious scars on the U.S.-Israeli connection. On 18 February, Josh Earnest, the White House spokesperson, insisted that they would still keep Israel informed on negotiations – as if Israel does not have independent sources for learning about the progress – but that the White House continued to be concerned about leaks. Earnest then practically called Israelis liars. “There’s no question that some of the things that the Israelis have said in characterizing our negotiating position have not been accurate,” clearly implying that some information was taken out of context and distorted. It would have been better if Earnest had referenced his charge since the dispute, as I have tried to document, is not about the particulars of the agreement, but about an agreement at all. Obama thus appears not to be playing hard ball but croquet or, at best, snooker.

Appendix – Iran’s Nuclear Sites – Note Fardow, Istafan, Natanz, Parchin and Tehran

1 Anarak – near Yazd – nuclear storage site for uranium

2 Arak – IR-40: 40 MW heavy water research reactor online in 2014 to replace Tehran research reactor producing radioisotopes for medical purposes

3 Ardakan – mill with annual capacity 120,000 metric tonnes of ore producing 50 MT uranium

4 Bonab – Atomic Energy Research Center focused on agriculture

5 Bushehr – Nuclear power plant became operational in August 2010

6 Chalus – site not currently operational for nuclear purposes

7 Darkovin – nuclear power plant with 360 MW capacity

8 Fordow – the underground uranium enrichment facility near Qom discovered in 2009 that became operational in 2011 to take over from Natanz’s enrichment of uranium to 5%

9 Gachin – uranium mine

10 Isfahan – nuclear research facility that currently operates four small nuclear research and conversion reactors

11 Karaj – Center for Agricultural Research and Nuclear Medicine

12 Lashkar Abad – pilot plant for isotope separation

13 Lavizan – decommissioned

14 Natanz – 100,000 sq. meter nuclear enrichment facility with 7,000 centrifuges producing LEU hardened by one concrete wall 2.5 meters thick and a second thick wall roof hardened by reinforced concrete and 22 meters of earth

15 Parchin – facility near Tehran for the testing and manufacturing of conventional explosives suspected of developing a nuclear warhead but full access has never been granted to IAEA

16 Ramsar – highest background radiation in the world, but not a nuclear facility

17 Saghand – Iran’s first uranium ore mine

18 Tehran – Nuclear Research Centre originally fueled by highly enriched uranium in 1967 & converted to 20% enriched facility in 1987 and in production in 2012

17 Yazd – Radiation Processing Center focused on geophysical research

Sanctions and Relief Implementation

Sanctions and Relief Implementation

by

Howard Adelman

Note that the EU3+3 (Britain, France, Germany + China, Russia and the U.S.) is the same as the P5+1 (Britain, China, France, Russia and U.S., permanent members of the UN Security Council + Germany).

To understand the current conflict over sanctions against Iran, it is helpful if we provide a brief history.

  • 1979 (November) President Carter’s Executive Order 12170 freezing Iranian assets (estimated value $10-12 billion) in response to Iranian hostage-taking of American embassy personnel by radicals protesting allowing entry to the Shah of Iran for medical treatment into the U.S.
  • 1980 embargo on U.S. trade with Iran imposed and travel ban to Iran issued
  • 1981 sanctions lifted after hostage crisis resolved
  • 1984 U.S. prohibits weapons sales, loans or assistance to Iran following Iraq invasion of Iran and belief that Iran is developing a nuclear weapons program
  • 1987 (October) President Ronald Reagan issues Executive Order 12613 prohibiting all imports from or exports into U.S. by Iran
  • 1995 (March) President Clinton issues Executive Order 12957 prohibiting all manner of trade between the U.S. and Iran in support of the Iranian petroleum industry
  • 1995 (May) President Clinton issues Executive Order 12959 prohibiting any trade with Iran
  • 1996 (August) under President Clinton, Iran and Libya Sanctions Act (ILSA) (H.R. 3107, P.L. 104-172) signed into law but Libya deleted from name of law when sanctions against Libya lifted in 2006
  • 1997 (August) Mohammad Khatami, considered a reformer, elected President of Iran and president Clinton eases some sanctions
  • 2000 sanctions reduced for pharmaceuticals, medical equipment, caviar and Persian rugs
  • 2001 (August) Iran (and Libya) Sanctions Act renewed under President George W. Bush
  • 2004 U.S. Courts overrule a Treasury Department application of sanctions to intellectual exchanges and reciprocal publication arrangements
  • 2005 Mahmoud Ahmadinejad elected President of Iran and lifts suspension of uranium enrichment program agreed to with Britain, France and Germany (EU3) and sanctions in place now vigorously reinforced
  • 2006 UNSC Resolution 1696 passed against the renewal of Iranian uranium enrichment program
  • 2006 UNSC Resolution 1696
  • 2006 UNSC Resolution 1737
  • 2007 UNSC Resolution 1747
  • 2008 UNSC Resolution 1803
  • 2008 UNSC Resolution 1835
  • 2010 (June) UNSC Resolution 1929
  • 2010 (July) EU expands its sanctions beyond those required by the UNSC
  • 2012 (October) EU significantly expands and details more specifically its bans on the provision of services and equipment for the petrochemical industry, including oil tankers, the supply of services upon which Iranian production was so dependent, especially the ban in the export of certain specific metals, including graphite, that would be critical to Iran’s ability to fabricate its own machinery related to Iran’s ballistic missile development as well as its petrochemical industry
  • 2013 (March) EU imposition of sanctions against judges, media officials and a special police monitoring unit linked to the death of a dissident held in custody
  • 2013 (June) election of Hassan Rouhani government in Iran
  • 2013 (July) almost five months before Joint Plan of Action agreement signed and after Rouhani elected on a pledge to enter negotiations with the UN, the U.S. House of Representatives voted 400:20 in favour of increased sanctions against Iran
  • In contrast, following Rouhani’s election, the EU took a pro-active stand to invite Iran to join negotiations and a step-by-step approach that would restore normal economic relations while ensuring Iran’s right to develop nuclear technology for peaceful purposes
  • Sanctions begin to be lifted for an initial six-month period by the EU in January 2014 after the JPA came into effect beginning with suspension of the ban on the import of petrochemical products and the banking and insurance related thereto.

While George W. Bush was renewing the sanctions regime against Iran, since 1998, Iran and the EU had been seeking to formalize its commercial and political cooperation arrangements and, in 2001, sought to negotiate a comprehensive trade and co-operation as well as political dialogue agreement. Negotiations started in 2002 but paused when Iran declined to engage in any further human rights dialogue after 2004. Once Iran’s clandestine nuclear development program was revealed in 2005 and Iran refused to co-operate with IAEA, all dialogue between the EU and Iran stopped.

The increasing severity of United Nations Security Council (UNSC) resolutions between 2006 and 2010 were in direct response to Iran’s refusal to abide by the international Nuclear Non-Proliferation Treaty and the requirements set down by the International Atomic Energy Agency (IAEA). IAEA was determined to resolve the Iranian nuclear issue to ensure the NPT was not breached. At the same time, the IAEA recognized Iran’s rights to develop nuclear energy for peaceful purposes.

The biggest change came because of independent EU action in July 2010 since the EU was then Iran’s largest trading partner. Further, London is a global financial centre; UK financial restrictions made it much more difficult for Iranian banks to use the international financial system to support its oil and gas business and Iran’s nuclear and ballistic missile programs. In addition to an embargo on nearly all dual-use goods and technology which could contribute to uranium enrichment, reprocessing of nuclear fuel, heavy water or to the development of nuclear weapons delivery systems, the EU introduced bans on the export of telecommunications, monitoring and transport equipment as well as arms, followed by more sanctions on instruments that could be used for internal repression. Perhaps the bans on investments, services and technology for the oil and gas industry were the most crippling since Iran’s oil production systems were based on European technology. European banking restrictions related to investments, grants, financial assistance, especially transfer of funds to and from Iran, and the ban on the provision of insurance services, were also enormously effective. But perhaps the sanctions that most hit home to persons of influence in Iran were the restrictions on the admission of specific persons (a long list to which more names were continuously added), freezing of their funds and economic resources and their inability to satisfy any claims.

By the time the JPA was put in place in November 2013, oil imports from Iran had fallen to zero and EU exports fell again by 26% in the 2012-2013 period. EU sanctions against Iran are based not only on the failure of Iran to be compliant with the Nuclear Non-proliferation Treaty (NPT) but also because of Iran’s human rights record, support for terrorism, and its destructive approach to Israel-Palestine peace negotiations. Given the close economic ties between the EU and Iran, the targeted sanctions against specified individuals and organizations were even more significant because they entailed freezing of funds and economic resources of persons responsible for serious human rights violations in Iran and persons, entities and bodies associated with them. The list of people and organizations affected was long.

It was in the context of the UN sanctions against Iran for its breach of NPT that the Joint Plan of Action (JPA) has to be understood rather than the 35 years of U.S. up-and-down sanctions against Iran. In return for Iran taking steps to halt and roll back its nuclear enrichment program, the E3/EU+3 agreed to:

  • Pause efforts to further reduce Iran’s crude oil sales to enable Iran’s current customers to purchase their current average amounts of crude oil
  • Enable the repatriation of an agreed amount of revenue held abroad and, for such oil sales, suspend the EU and U.S. sanctions on associated insurance and transportation services
  • Suspend U.S. sanctions on Iran’s auto industry and associated services
  • Suspend U.S. and EU sanctions on:
    • Iran’s petrochemical exports, as well as sanctions on associated services
    • Gold and precious metals, as well as sanctions on associated services
  • License the supply and installation in Iran of spare parts for safety of Iranian civil aviation and associated services. License safety related inspections and repairs in Iran as well as associated services
  • No new nuclear-related UN Security Council or EU sanctions
  • U.S. Administration, acting consistent with the respective roles of the President and the Congress, will refrain from imposing new nuclear-related sanctions
  • Establish a financial channel to facilitate humanitarian trade (transactions involving food and agricultural products, medicine, medical devices, and medical expenses incurred abroad) for Iran’s domestic needs using Iranian oil revenues held abroad involving specified foreign banks and non-designated Iranian banks yet to be defined
  • This channel could also enable: transactions required to pay Iran’s UN obligations; and, direct tuition payments to universities and colleges for Iranian students studying abroad, up to an agreed amount for the six-month period
  • Increase the EU authorization thresholds for transactions for non-sanctioned trade to an agreed amount.

Nine months ago as the first deadline for the Joint Plan of Action approached, the negotiations on a comprehensive nuclear agreement hit a snag over the issue of sanctions, though, as became a pattern over the last nine months, the Iranians continued to voice optimism about the results of the negotiations. Thus, on 21 May 2014, Iranian President Hassan Rouhani said, “Today, the nuclear negotiation is progressing and is on the threshold of reaching a conclusion.” The very next day, this was the same message coming from Supreme Leader Ayatollah Ali Khamenei. Saeed Jalili, the former lead negotiator, a conservative very close to Khamenei, said, “We should permit the (Iranian) nuclear negotiation team to proceed with its programs in the framework of (the Supreme Leader’s proposed) ‘heroic lenience’ and we should all assist them in their bid to materialize the nation’s rights.”

There could be two reasons for the articulation of this optimism: 1) domestically to dampen down the ultra-conservative voices critical of the negotiations; 2) to send a message to the P5+1 that the Iranians are fully committed to the success of the negotiations. But there were two sets of issues which this optimism masked. There were disagreements about Iranian compliance that would persist for the next nine months and that I will deal with in tomorrow’s blog. Second, there were rising voices within Iran that the pace of lifting sanctions had been far too languid given the enormous concessions (in their minds) that the Iranians had made thus far in their nuclear program. Just as there were continuing concerns within the U.S about the Iranian commitments to a successful outcome of the negotiations., within Iran there were an increasing number of queries from many quarters about whether the U.S. was truly committed to lifting sanctions or whether the whole process was just a ruse to stop, set back and eventually derail Iran’s development of its nuclear program.

As reported from the Tasnin News Agency in Al-Monitor, Seyed Hossein Naghavi Hosseini, spokesperson for the Iranian Parliament’s National Security and Foreign Policy Committee, noted “intense disagreements” over a variety of issues during the Vienna talks, including an alleged P5+1 proposal for a 10-year rollout for sanctions relief. The Iranians were afraid of a Republican backlash that could re-impose sanctions, since they already anticipated that American sanctions relief would only take place under U.S. President Barack Obama’s executive authority to waive many of the sanctions on Iran. Waivers can be easily rescinded. Iran might accept waivers, but only in an initial phase in a process leading to complete sanctions relief.

Hosseini called for lifting of all sanctions rather than segmentation and a phased-in approach, a comment directed not only at the then current snag in negotiations about sanctions, but an explicit critique of the JPA provision for the implementation of the agreement of “specified long tern duration” usually bandied about as ten years. The issue was a divide between ending or suspending sanctions.

If the U.S. insisted upon a 10-year rollout period for sanctions relief, then the Iranian rollback in its nuclear program should also be phased over ten years, Iran insisted. Yet the other side insists on Iranian compliance with IAEA requirements as a prerequisite to sanctions relief, consistent, not with the preamble of the JPA, but with the position that Iran is the outlier in its failure to comply with its international treaty obligations under the Non-Proliferation Treaty (NPA). The sanctions were imposed for Iran’s failure in compliance. Making relief implementation proportionate to Iranian compliance is akin to requiring the justice system to reduce a fine in proportion to a felon desisting in the future from recommitting the felony.

The JPA calls for a “comprehensive solution.” Comprehensive entails lifting all trade, technology, banking, energy and aeronautical sanctions – including UN Security Council, EU multilateral and national sanctions – with the implication that these even included non-nuclear sanctions by the U.S. (hence the importance of having the historical background). But U.S. oil and financial sanctions are subject to the Iran Sanctions Act described above. To waive sanctions, the President must certify to Congress, not only that Iran will not be able to build nuclear weapons within a one year breakout period, but that Iran no longer seeks to build weapons of mass destruction ever. Further, the President must certify that Iran no longer sponsors terrorism (Hamas and Hezbollah, both clients of Tehran, though Hamas had a fallout with Iran over Syria). Both Hamas and Hezbollah are listed by the U.S. as terrorist organizations. Finally, the President must certify that Iran no longer represented a security threat to U.S. Interests. Given the U.S. commitment to Israel and Saudi Arabia, how could this be possible given Iran’s continuing foreign policy?

Who said that sanctions are easy to lift but hard to impose? This analysis suggests that the opposite may be truer.

All these issues end up being tied into the negotiations. And I have not even delved into the Syrian part of the equation. It is a truism that Lebanese issues and conflicts over Hezbollah cannot be resolved without reference to Syria. So bringing all of these into the negotiations would definitely kibosh them. Where do you draw the line? As we shall see tomorrow, IAEA restricts the negotiations to nuclear issues, but then includes military developments (e.g. missiles) related to nuclear militarization, but excludes other foreign policy issues.

However, with the U.S. as the lead negotiator on the side of the UNSC, the matter becomes complicated in a totally other way – not over what is included and what is excluded, but over who is included and who is excluded. Many members of Congress insist they must have a say since an act of the U.S. Congress is involved. And the Iranians, as well as everyone else, know the position of the Republicans. Senator Bob Corker, ranking Republican on the Senate Foreign Relations Committee, however, insists that what is at stake is a good deal, not knee-jerk opposition to Iran. “If it’s a good deal, I’m going to vote for it. I want a good outcome… We haven’t been in the camp of wanting to add sanctions right now. We’ve been in the camp of wanting to find what a good deal is. So if we get a good deal, I’ll be glad to vote for it.” However, for the Republicans, merely extending the breakout period from three months to one year does not represent a good deal.

So the sanctions issue is bound to be a spoiler for both sides if politicians and the domestic constituencies behind them become convinced that Iran is not sincere in its quest to pursue a strictly peaceful use of nuclear energy. Hence, as we shall see tomorrow, the repeated reassurances that Iran is complying with almost all the requirements of the JPA. Hence, also the IAEA’s insistence of stretching beyond a narrow interpretation of nuclear negotiations to include other nuclear-related security issues (missile delivery systems) as well as assurances of full transparency.