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Iran's Nuclear Archive and the IAEA's Responsibilities

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Iran's Nuclear Archive and the IAEA's Responsibilities Politics vs. Protocol Iran’s Nuclear Archive and the IAEA’s Responsibilities Tzvi Kahn August 2019 FOUNDATION FOR DEFENSE OF DEMOCRACIES FOUNDATION Politics vs. Protocol Iran’s Nuclear Archive and the IAEA’s Responsibilities Tzvi Kahn August 2019 FDD PRESS A division of the FOUNDATION FOR DEFENSE OF DEMOCRACIES Washington, DC Politics vs. Protocol: Iran’s Nuclear Archive and the IAEA’s Responsibilities Table of Contents EXECUTIVE SUMMARY ..................................................................................................................... 7 INTRODUCTION ................................................................................................................................ 8 LEGAL MANDATE OF THE IAEA...................................................................................................... 11 1) Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and Comprehensive Safeguards Agreement (CSA) ...............................................................................13 2) Additional Protocol (AP) ...........................................................................................................................16 3) Joint Comprehensive Plan of Action (JCPOA) .......................................................................................18 IAEA REPORTING AND TRANSPARENCY ..................................................................................... 23 Pre-JCPOA Reporting and Transparency ....................................................................................................24 Post-JCPOA Reports and Transparency ......................................................................................................27 THE IAEA’S RESPONSE TO IRAN’S NUCLEAR ARCHIVE ............................................................ 28 POLICY RECOMMENDATIONS ....................................................................................................... 31 Page 5 Politics vs. Protocol: Iran’s Nuclear Archive and the IAEA’s Responsibilities List of Acronyms AP ��������������������������������Additional Protocol CSA �����������������������������Comprehensive Safeguards Agreement IAEA ����������������������������International Atomic Energy Agency INFCIRC ���������������������Information Circular JCPOA �������������������������Joint Comprehensive Plan of Action NPT������������������������������Treaty on the Non-Proliferation of Nuclear Weapons �������������������������������������(also known as the Nuclear Nonproliferation Treaty) PMD ����������������������������Possible Military Dimensions UNGA ��������������������������United Nations General Assembly UNSC ��������������������������United Nations Security Council Politics vs. Protocol: Iran’s Nuclear Archive and the IAEA’s Responsibilities Executive Summary formally known as the Joint Comprehensive Plan of Action (JCPOA), the IAEA has provided insufficient In an April 2018 press conference, Prime Minister transparency and clarity about its inspections in Iran. Benjamin Netanyahu disclosed that Israel’s Mossad This opacity raises questions about the diligence of the intelligence agency had conducted a raid on a IAEA’s investigations – particularly its probe of sites, warehouse in Iran the previous January, removing a equipment, and activities documented in the archive. half-ton of files cataloguing Tehran’s efforts to develop a nuclear weapon.1 The covert archive contained a wealth The agency’s approach also invites criticism that of new information that contradicts longstanding political considerations have interfered with its assumptions about Iran’s nuclear program. While obligation to serve as an objective, technical body. In a 2007 U.S. National Intelligence Estimate judged fact, the actions and public statements of IAEA leaders “with high confidence” that Iran “halted its nuclear convey a hesitation to scrutinize key Iranian activities weapons program” in 2003,2 the archive shows that the that potentially violate the JCPOA, lest the resulting program continued, albeit in a more circumscribed and evidence undermine the accord’s viability. diffuse manner. This report begins with an overview of the archive’s Specifically, the archive identifies additional nuclear contents and their significance, showing that they facilities, equipment, and activities previously offer actionable findings relevant to the enforcement unknown to the International Atomic Energy Agency of Tehran’s current nonproliferation agreements. The (IAEA), the UN body tasked with monitoring Iran’s report then presents a survey of these agreements nuclear program and verifying its key nuclear-related – the Treaty on the Non-Proliferation of Nuclear commitments. Israeli officials estimate that the Jewish Weapons (more commonly known as the Nuclear state seized only 20 to 50 percent of the archive’s Nonproliferation Treaty, or NPT), the Comprehensive contents, suggesting that the IAEA’s knowledge base Safeguards Agreement (CSA), the CSA’s Additional likely has additional gaps. Protocol (AP), and the JCPOA – and the core legal obligations they impose on Iran, the IAEA, and The IAEA harbors an obligation to remedy these other countries. gaps by securing prompt access to the facilities, equipment, and materials described in the archive. This report subsequently examines the IAEA’s pre- This responsibility stems directly from the IAEA’s JCPOA efforts to inspect and report on Iran’s nuclear legal mandate, as established by the multiple non- program pursuant to the NPT, CSA, and AP. The proliferation agreements that Iran has concluded. A agency’s actions established a precedent not only for careful review of these accords shows that the IAEA has timely responses to disclosures of new information, no pretext for inaction or delay. Further investigation but also for comparatively detailed reporting and of Iran’s nuclear program remains necessary to ensure transparency about Tehran’s steps – or lack thereof – that no covert nuclear activity persists today. to fulfill its commitments. This report then appraises the IAEA’s post-JCPOA efforts, noting both possible This report assesses that the IAEA, despite its clear failures to inspect key sites and a significant decline in duty, has not demonstrably satisfied its mandate. In the transparency and clarity in reporting. years since the finalization of the 2015 nuclear deal, 1. Israel Ministry of Foreign Affairs, Press Release, “PM Netanyahu presents conclusive proof of Iranian secret nuclear weapons program,” April 30, 2018. (https://mfa.gov.il/MFA/PressRoom/2018/Pages/PM-Netanyahu-presents-conclusive-proof-of-Iranian-secret-nuclear- weapons-program-30-April-2018.aspx) 2. Office of the Director of National Intelligence, National Intelligence Council, “Iran: Nuclear Intentions and Capabilities,” November 2007, page 6. (https://www.dni.gov/files/documents/Newsroom/Reports%20and%20Pubs/20071203_release.pdf) Page 7 Politics vs. Protocol: Iran’s Nuclear Archive and the IAEA’s Responsibilities Based on this analysis, the report urges the IAEA to 5 a.m., just before the morning shift of Iranian guards take the following steps, which are indispensable for would begin at 7 a.m. According to American and the fulfillment of its mandate: British intelligence officials, the files are genuine.3 • Inspect promptly all Iranian sites, equipment, and Israel’s raid marked the culmination of a two-year materials discussed in the archive. intelligence operation. After Iran and world powers • Strengthen its investigation of past and present issues concluded the Joint Comprehensive Plan of Action concerning the possible military dimensions (PMD) (JCPOA) in July 2015, Tehran collected its nuclear of Iran’s nuclear program. files from sites throughout the country – an apparent • Issue comprehensive, transparent reports of Iran’s effort to preserve its nuclear know-how for future use. nuclear activities. Citing Israeli officials, The New York Times recounted • Require Tehran to supply the IAEA with all that the Islamist regime then “consolidated them at documents in the archive that Israel failed to the warehouse, in a commercial district with no past extract from the warehouse, along with any related relationship to the nuclear program, and far from the documents. declared archives of the Ministry of Defense. There were no round-the-clock guards or anything else that would The report also urges the Trump administration and tip off neighbors, or spies, that something unusual was Congress to take the following actions: happening there.”4 But Israeli intelligence learned of • Demand the IAEA’s implementation of the Tehran’s plan to save the files and, in early 2016, began above steps. monitoring their transfer. • Conduct a public information campaign highlighting the findings in the archive and its implications for The Jewish state’s operation yielded a trove of new IAEA inspections. insights about Iran’s nuclear program. In a December 2015 report, the IAEA assessed that Iran’s efforts to • Call on the IAEA Board of Governors to exercise develop a bomb “did not advance beyond feasibility greater oversight of the IAEA’s activities. and scientific studies, and the acquisition of certain relevant technical competences and capabilities.”5 Introduction But the archive indicates that Tehran, as of 2003, had already designed a nuclear weapon and developed On the night of January 31, 2018, Mossad agents plans to produce five warheads. In addition, the broke into a nondescript warehouse in Tehran’s archive includes the minutes of meetings
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