Iran's Nuclear Program and the IAEA Compromise:
A Bridge to a Better Bargain?
John Calabrese
The Middle East Institute
December 15, 2003
On November 26, 2003 the Governing Board
of the 35-member International Atomic Energy Agency (IAEA)
voted unanimously on a compromise version of a draft resolution,
censuring Iran for “failures and breaches” of
its nuclear safeguards while welcoming Iran’s “offer
of active cooperation and openness.” According to
IAEA Director General Mohammed El Baradei, the resolution
conveys an “ominous message that failures in the
future will not be tolerated.” Exclaiming that “[this]
is a good day for peace ... and non-proliferation,” El
Baradei added that the resolution “strengthens my
hand in ensuring that Iran’s program is for peaceful
purposes.”Though in reality, the resolution does
not in itself constitute a breakthrough, it might eventually
prove to have been the crucial first step in resolving
the problem of Iran’s nuclear program and thus to
have served as a bridge to a better bargain.
Iran’s Nuclear Profile: Unambiguous but Incomplete
Until recently, the story of Iran’s nuclear ambitions
had been longer on rumors than on facts. Among the few well-established
facts were these: First, that as a signatory of the Nuclear
Proliferation Treaty (NPT), Iran is duty-bound to observe
its strictures. Second, that the NPT creates a distinction
between civilian (permissible) and military (proscribed)
nuclear activities that is maintained by a system of voluntary
disclosure bolstered by monitoring and verification mechanisms.
Third, that Iran’s nuclear program was launched by
Shah Mohammed Reza Pahlavi with the purchase from the United
States of a small research reactor for Amirabad Technical
College in 1967, the establishment of the Atomic Energy Organization
of Iran (AEOI) in 1974, and the subsequent announcement of
an ambitious plan to build 23 nuclear power plants by 1994.
Fourth, that in 1979 the revolutionary government of Iran
suspended construction of the Bushehr power plant (the centerpiece
of the Shah’s nuclear program), and later tried unsuccessfully
to get Germany to resume its involvement in the project.
Finally, that Iran announced in March 1983, at the same time
of the unveiling of the first Five-Year Development Plan,
its intention to restart the nuclear program.
Iran spent much of the 1980s waging war with Iraq and battling
international isolation. And much of theUS concern about
Iran during that time focused on the course and outcome of
the Gulf conflict, on Iranian-supported terrorism, and on
Iran’s determined effort to procure and develop ballistic
missiles. In the early 1990s, however, a series of disclosures
heightened Washington’s concern about Iran’s
nuclear activities: the official announcement of a nuclear
technology cooperation agreement between Iran and the Soviet
Union (1989), press accounts that Iran had purchased a calutron
from China (1991), the signing by Iran of two nuclear agreements
with the Russian Federation (1992), and media reports that
in 1992 Iranian officials had visited the Ulba Metallurgical
Plant in Kazakhstan (a plant which, perhaps not coincidentally,
had a surplus inventory of more than 600 kilograms of highly
enriched uranium).
Nevertheless, the 1991 US National Intelligence Estimate
(NIE) described the Iranian nuclear program as “disorganized” and “in
an initial stage of development.” Following unofficial
visits to Iran in February 1992 and November 1993, IAEA officials
declared that Iran’s nuclear activities were “consistent
with peaceful uses.” Still, many US officials and policy
analysts remained skeptical. Fueling their skepticism were
fresh clues about the nature and extent of Iran’s nuclear
program: a mining contract with China to develop indigenous
uranium resources, a contract with Russia to complete the
Bushehr plant, and intermittent reports of Iranian officials
abroad shopping for heavy water reactors of the type that
had been used by India and Israel to produce their first
fission bombs.
Yet, throughout the 1990s Tehran held fast to the official
position that its nuclear program was intended exclusively
for civilian purposes and was therefore in compliance with
NPT obligations; and that it was firmly committed to the
principle of transparency embodied in the treaty and thus
to cooperating fully with the IAEA. However, even then many
nuclear experts considered the civilian purposes rationale — electricity
generation — to be highly dubious. They cited the exorbitant
cost ($800 million merely for the completion of the Bushehr
plant), given the amount of electricity this facility could
conceivably produce. They also cited the steadily advancing
state of the Iranian missile program as casting further doubt
on the veracity of Tehran’s civilian purposes argument.
Thus, by the time the Bush Administration entered office
in 2001, the conventional wisdom among a growing number of
experts was that Iran was following a dual-track approach:
buying civilian reactors while seeking clandestinely the
means to acquire nuclear capability for military purposes.
Beginning in mid-2002, increasingly disturbing details of
Iran’s activities came to light. Much of the accumulating
evidence against Iran was gathered by IAEA investigations,
with key tips provided by the National Council for Iranian
Resistance (NCIR). With rather remarkable rapidity, a much
clearer, though incomplete picture of Iran’s nuclear
program began to take shape: In August 2002, the NCIR disclosed
the location of a pilot uranium enrichment plant, which Iranian
officials had previously passed off as a de-desertification
facility. A month later, the Iranian government informed
the IAEA Secretariat of the existence of the enrichment facility.
In December 2002, CNN reported that satellite images had
revealed construction of two secret nuclear fuel-cycle facilities,
one in Arak and the other in Natanz. In February 2003, IAEA
Director General El Baradei met with officials in Tehran,
armed with results from environmental sampling of various
locations in Iran that showed trace elements of enriched
uranium. In short, by the time Operation Iraqi Freedom had
commenced (March 2003), it was possible to sketch a rough
outline of Iran’s nuclear program. That program appeared
to be more extensive and to have progressed faster than most
analysts had suspected, or had even thought possible.
In a June 2003 report, the IAEA declared that Iran had violated
its safeguards agreement. In another report three months
later, the IAEA highlighted inconsistencies in previous Iranian
statements and delays in granting access to inspectors. The
reports detailed suspicious and disturbing gaps: undeclared
uranium imports, undeclared uranium metal production, missing
uranium hexafluoride. As a result, all of Iran’s previous
claims about its nuclear activities were called into question.
All the signs now point to a multifaceted effort by Iran,
at an advanced stage of development, to attain the ability
to produce significant quantities of fissile material on
its own by both uranium enrichment and plutonium reprocessing.
Those who have long been convinced that Iran does have, and
those who are now at least willing to concede that Iran might
have, a nuclear weapons program remain divided in their thinking
about what motivates these activities. One school of thought
essentially regards Iran as a status quo state whose principal
aim in pursuing a nuclear option is deterrence. The other
school, which views Iran as a revanchist state bent on dominating
the region and implacably hostile to the United States, holds
that once Iran possesses nuclear weapons it will brandish
them in an effort to neutralize the American military presence
in the area and to intimidate its neighbors.
Though opinion on Iranian intentions with respect to nuclear
weapons is thus divided, there now appears to be broad agreement
in the policy communities in Washington and in Europe (including
Russia) that adding yet another nuclear state to the already
combustible strategic equation in the Middle East and South
Asia is destabilizing; and that, given the mature stage of
development of the Iranian nuclear program, the window of
potentially effective preventive action is exceedingly narrow.
US Iran Policy in Limbo – Nonproliferation Policy
in Crisis?
Upon taking the oath of office in January 2001, President
George W. Bush inherited from his predecessor a policy of
isolating Iran that consisted mainly of economic sanctions
which had for the most part been mandated by the US Congress.
For well over a decade, many US officials had viewed Iran’s
quest for nuclear energy as a threat both to American interests
in the Middle East and to the effectiveness of the existing
nonproliferation regime. Thus, when President Bush assumed
office, there were already in place a number of proliferation
sanctions in place, two of which are unique to Iran (i.e.,
The Iran-Iraq Arms Nonproliferation Act and The Iran Nonproliferation
Act (P.L. 106-178). The Bush Administration also inherited
the traditional international nonproliferation framework,
that is, the NPT and the associated IAEA monitoring/reporting
system — a nonproliferation regime with demonstrable
weaknesses, a regime in which at least some senior US officials
had long before lost confidence.
Though during the first year of the Bush Administration — including
after the September 11th terrorist attacks — there
seemed to be some interest in engaging Iran, voices in favor
of a rapprochement began to give way those advocating a more
confrontational approach. The first salvo was fired by President
Bush himself during the January 29, 2002 State of the Union
speech. In that address, the President classified Iran, along
with Iraq and North Korea, as part of an “axis of evil.” It
was partly because of Iran’s alleged efforts to acquire
nuclear weapons capability that it was assigned this dubious
distinction. Bush Administration concern specifically about
the Iranian nuclear program was registered by DCI George
Tenet, who just several days after the President’s
State of the Union Address, in testimony before the US Congress
warned that Iran might be able to produce enough fissile
material for a nuclear weapon by late this decade, and sooner
if it gets such material from outside.
Accompanying the new label, “axis of evil,” was
a new round of bellicose rhetoric from Washington. And adding
substance to the language of vague threats was new strategic
thinking, anchored in the belief that the nexus between terrorism
and weapons of mass destruction constitute the gravest security
threat of our time, and subsequently elaborated in the November
2002 National Security Doctrine (NSD). Revelations about
Iran’s nuclear activities undoubtedly strengthened
the hand of proponents of a tougher US policy towards Iran.
Yet, apart from expressing in the most general terms its
solidarity with democratic forces in Iraq, the Bush Administration
has yet to articulate a coherent policy toward Iran.
Preoccupied with building support for, preparing and launching
the war in Iraq, the Bush foreign policy team focused its
nonproliferation efforts with respect to Iran on the supply
side, for example applying pressure to Russia. After the
war ended, US officials again began to ratchet up the pressure
on Iran. The case for challenging Iran on the nuclear issue
was enhanced by Tehran’s own loss of credibility with
the major powers — European countries, Japan, and Russia — that
had previously been reluctant to hold Iran’s feet to
the fire. The case for action with respect to Iran was also
enhanced by the military action against Iraq, the results
of which made both US officials and their European counterparts,
though for different reasons, inclined to pursue a multilateral
diplomatic approach.
The diplomatic intervention spearheaded by Britain, France,
and Germany was designed to engender cooperation from the
Iranian side. Meanwhile, on the IAEA front, the Agency issued
a demand for Iran to take steps to open its program to full
inspections by signing the Additional Protocol, and explain
past infractions. The September 12th resolution had “teeth” in
the sense that it set October 31 as a deadline for Iran to
cooperate fully to resolve concerns about its nuclear activities.
Following several weeks of mixed signals from Tehran, and
ten days before the appointed deadline, these initiatives
yielded fruit in the form of a Foreign Ministers Joint Statement,
in which Iran agreed to IAEA demands that it cooperate with
the agency’s efforts to allay fears that Tehran is
pursuing a nuclear weapons program.
An Historic Breakthrough or Simply Muddling Through?
As stated at the outset, in their November 26 resolution,
the 35 members of the IAEA Governing Board balance the
statement that they “strongly deplore” Iran’s
past breaches and infractions, with the statement that
they welcome Iran’s cooperation. The resolution also
contains a trigger mechanism in the form of a warning that
Iran’s failure to cooperate fully will engender “serious
consequences.” Though not spelled out in detail,
such consequences are generally understood to mean referral
to the UN Security Council with the possibility of the
subsequent imposition of sanctions.
The diplomatic process that culminated in the November 26th
resolution was one in which each and every party had its
particular interest: For Prime Minister Tony Blair, it was
a vehicle for rebuilding bridges with France and Germany,
repositioning Britain so as to strike a better balance between
the “European” and “Atlanticist” aspects
of its foreign policy, and regaining some political support
both for the Labor Party and for himself within that party.
his own party. For the three European powers which launched
the diplomatic intervention, it was an occasion to demonstrate
collective leadership and policy coordination withinn the
European context, to breathe new life into a moribund, largely
discredited policy of “constructive engagement” with
Iran, and to avoid an even deeper rift in the Transatlantic
relationship. With respect to the Iranian clerical establishment,
it created an opening for a tactical alliance between elements
within the “conservative” faction and the “reformists” — each
of which could, and did, claim credit for the most appealing
aspects of the final IAEA resolution. For Mohammed El Baradei
and the IAEA, it was an opportunity to advance the argument
in favor of continued commitment to, and patience with, the
technical and operational aspects of NPT adherence/compliance.
For the United States, it was a way to reengage multilaterally
while retaining the prerogative to insist on, define, and
mete out (unilaterally, in the last resort) “serious
consequences” in the event of future breaches by Iran
of its nuclear obligations.
All of the parties, then, could draw some satisfaction from,
claim credit for, and trumpet the November 26th resolution
as a “success.” But much uncertainty remains.
Iran pledged to sign the Additional Protocol of the NPT.
When exactly will Iran sign and ratify the Protocol? Iran
agreed to full disclosure and full access to its nuclear
facilities. But what precisely will the IAEA demand? More
to the point, what will Tehran choose to, and be able to,
withhold or conceal from IAEA authorities? Iran has agreed
to suspend its uranium enrichment and plutonium reprocessing
activities, but for how long? On this last question, Hassan
Rowhani, Secretary of the Supreme National Security Council,
offered this answer, though it might not be the definitive
one: “The suspension of enrichment is provisional and
voluntary, to build confidence. There is no question of halting
our enrichment activities.”
In agreeing to the compromise language of the November 26th
IAEA reslution, the United States and the Europeans merely
papered over their differences; they did not resolve them.
The American side remains fixated on the past — on
mounting evidence of systematic Iranian concealment and deception
and low confidence in inspections processes, both of which
tend to be viewed through the prism of the UN-Iraq experience.
The European side is focused on the future, on the possibility
that the process itself — through rewards for cooperation — might
engender sufficient confidence by Iran that Tehran will dedicate
its nuclear program exclusively to civilian purposes and
sufficient confidence in Iran that Tehran is indeed doing
so.
In spite of these differences, the US and European sides
match up well in terms of their leverage over Iran in working
the nuclear issue. With the European Union having become
Iran’s leading trade partner — two-way trade
in 2002 having surpassed 13 billion euros and the fate of
the EU-Iran trade and economic cooperation agreement hanging
in the balance — European opinions and policies matter
a great deal to Tehran. This is equally the case with the
United States, where the Bush Administration has already
demonstrated that it is willing to use military force preemptively,
has knowledge certain of the location of at least some of
Iran’s nuclear installations, and has until now not
ruled out the military option.
Today, as prior to the November 26th resolution, Iran has
before it three options: continue to develop its nuclear
infrastructure, seek to develop clandestinely a small number
of nuclear weapons, or strive for a nuclear “breakout.” Though
it is clear which of these options the United States and
much of the rest of the international community prefers,
it is far from clear which one Iran will ultimately choose
to exercise, even in the face of the current unprecedented
degree of international scrutiny and pressure. For the time
being, Iran is likely to honor its agreement to cooperate
with the IAEA and its moratorium on uranium enrichment and
plutonium reprocessing. So, too, for the time being, the
35 members of the IAEA are likely to hold firm in solidarity.
The next test comes with the IAEA report due in February
2004, followed by the next IAEA governing board meeting scheduled
for March. Between now and then, the United States and its
allies can ill afford to stand idle. For the November 26th
resolution to serve as a bridge to a better bargain, and
not the prelude to another full-blown international crisis,
American, European, and Japanese officials will have to work
energetically together to fashion a set of common objectives
with respect to Iran policy in general and a package of incentives
that are linked specifically to clear evidence of Iranian
cooperation with IAEA authorities. For, realistically, achieving
a high level of confidence that Iran has abandoned its quest
for nuclear weapons depends not only on maintaining strong
pressure to ensure that Iran does not bend the rules but
on building confidence that Iran’s legitimate security
concerns are being addressed and that its prospects for economic
and political reintegration into the world community are
improving.