IRAN'S CHEATING

BY | APRIL 20, 2015 · 12:00 AM


*Author(s):  Michael Makovsky Source:  Weekly Standard, Vol. 20, No.
30.     Article date: April 20th, 2015*


[image: Description: cid:B4A96BCE-E8EF-43AE-9912-4DA96C3414A1]Is President
Barack Obama right that the so-called framework nuclear agreement with
Iran, the Joint Comprehensive Plan of Action (JCPOA) announced on April 2,
will “cut off every pathway Iran could take to develop a nuclear weapon”?
Some will assess the truth of his statement by crunching the centrifuge and
uranium stockpile numbers. However vital such analysis will be, it is
important not to lose sight of the nuke for the centrifuges. For integral
to Obama’s argument is his claim that this deal “provides the best possible
defense against Iran’s ability to pursue a nuclear weapon in secret. . . .
If Iran cheats, the world will know,” and “If we see something suspicious,
we will inspect it.” But the promised inspections regime will not be
intrusive enough to detect Iranian cheating or to thwart any breakout
attempts in time.

Iran has a long and proud history of cheating on its international nuclear
agreements. Olli Heinonen, a former deputy director general of the
International Atomic Energy Agency (IAEA) who once monitored Iran’s nuclear
program, observed in 2013: “If there is no undeclared installation today . . .
it will be the first time in 20 years that Iran doesn’t have one.” Indeed,
Iran’s main enrichment facility at Natanz was a covert facility that was
only discovered in 2002, by the Mojahedin-e-Khalq, an Iranian opposition
group. A year later, the European Union struck a deal with Iran to prevent
it from spinning its centrifuges and beginning to enrich uranium. Yet for
much of the deal, Iran was busy mastering its uranium supply chain. “While
we were talking with the Europeans in Tehran,” wrote Iran’s nuclear
negotiator and now president Hassan Rouhani, “we were installing equipment
in parts of the [uranium conversion] facility at Isfahan. . . . In fact, by
creating a calm environment, we were able to complete the work in Isfahan.”
In 2009, the world learned of yet another clandestine enrichment plant,
under a mountain at Fordow, that Iran was trying to construct.

Now, however, President Obama would have us believe that Iran is a changed
country. Pushing back against “skeptics [who] argued that Iran would cheat,
that we could not verify their compliance, and the interim agreement would
fail,” the president insisted on April 2 that “Iran has met all of its
obligations.” This is demonstrably false.

In the past year alone Iran has violated its international agreements at
least three times. First, even though the interim Joint Plan of Action
(JPOA) prohibited Iran from enriching uranium in any centrifuges that were
not in use at the time the deal went into effect in January 2014, last
November the IAEA caught Iran operating a new centrifuge—worse still, it
was an advanced IR-5 model. Second, the JPOA required Iran to process any
low-enriched uranium it produced during the deal’s term from the gaseous
form used for enrichment into a solid that can be used as reactor fuel, so
that it would not be readily available for further enrichment and potential
breakout. As of February 2015, Iran had an excess of some 300 kilograms of
low-enriched uranium, in violation of the deal’s terms. Third, in parallel
to the JPOA, the IAEA and Iran signed a Framework for Cooperation under
which Iran agreed to answer outstanding IAEA concerns about the possible
military dimensions of its nuclear program. Iran answered only one question
to the IAEA’s satisfaction and, for the past six months, has been
stonewalling on the rest. This recent record of cheating, while Iran was
negotiating a comprehensive arrangement and thus incentivized to be good,
bodes poorly for the future under a new accord.

Obama claims, “International inspectors will have unprecedented access not
only to Iranian nuclear facilities, but to the entire supply chain that
supports Iran’s nuclear program—from uranium mills that provide the raw
materials, to the centrifuge production and storage facilities that support
the program.” He added, “With this deal, Iran will face more inspections
than any other country in the world.”

Heretofore, the largest and most intrusive monitoring effort ever set up
was the United Nations Special Commission (UNSCOM) created after that
1990-91 Gulf war to verify the dismantlement of Iraq’s WMD program. It had
dedicated personnel based in Baghdad with their own helicopters and even a
U-2 spy plane and with authority granted by the U.N. Security Council and
backed by the U.S. military to go anywhere at any time to inspect anything.
And yet it failed to gather an accurate understanding of the capabilities
that Saddam Hussein did or did not have. As Charles Duelfer, who served as
UNSCOM’s deputy executive chairman, recently wrote, “UNSCOM and the IAEA
after more than seven years of operations inside Iraq could not verify that
Saddam had completely disarmed.”

The inspections regime contemplated in the JCPOA seems woeful in
comparison. Its central component is an understanding that Iran will
“implement the Additional Protocol of the IAEA.” Every signatory of the
Nuclear Non-Proliferation Treaty, including Iran, is legally obligated to
sign a safeguards agreement with the IAEA. Recognizing that the original
agreement, which dates to the 1970s, was insufficient to monitor modern
nuclear programs, the IAEA developed added measures in the 1990s, known as
the Additional Protocol. Applying these to Iran would represent a major
advance beyond the current, inadequate inspections regime. But there are
problems.

First, there is no such thing as the Additional Protocol. There is a model
Additional Protocol that the IAEA uses as a basis for negotiating a
specific agreement with each individual country tailored to its situation.
Indeed, this provision opens the door to yet another round of haggling with
Iran, making it impossible to know what exact measures Iran will end up
being bound by.

But we do know, and this is the second concern, that no Additional Protocol
contains the sort of “anytime, anywhere” inspections that UNSCOM provided
for and that experts agree is necessary to police Iran’s program. What an
Additional Protocol would likely contain, according to the framework
agreement, is an expansion of the number of facilities subject to
inspections—to include Iran’s uranium mines and centrifuge factories—and
stricter requirements for advance notice of any nuclear facilities Iran
plans to construct.

If Iran decides to sprint for a nuke, however, it won’t do so in a uranium
mine; it will do it at one of its enrichment plants, most likely a
clandestine plant, potentially hidden on a military base. It is precisely
such sites that the IAEA has been trying, unsuccessfully, to get access to
for years. Of particular concern has been the Parchin military complex,
where the IAEA suspects Iran tested high-explosives for a nuclear weapon.
Yet inspectors have never been allowed to set foot on the site, watching
instead as satellite imagery showed Iran demolishing the suspected site and
paving it over to conceal any evidence of its cheating. The Additional
Protocol will be no more successful in getting Iran to open up its
facilities to inspectors. Obama claims that “Iran’s past efforts to
weaponize its program will be addressed,” but that is so vague as to be
meaningless. In fact, Iran claims the JCPOA does not require inspections of
military facilities and such access will not be granted, with the defense
minister calling it a “red line.” Without full knowledge about possible
military dimensions of Iran’s program and access to all of its facilities,
whether they are declared nuclear sites or not, it will be impossible to
conduct proper verification.

Third, there is the ambiguity of the term “implement.” Iran has previously
“implemented” an Additional Protocol. In 2003, about the same time it was
cheating on its agreement with the Europeans, Iranian leaders signed an
Additional Protocol with the IAEA. Indeed, for the next two years they
actually observed it. But in early 2006, Iran announced that it would no
longer abide by the Additional Protocol and curtailed inspectors’ access.
They could well try to pull the same stunt again. And according to a “fact
sheet” released by the Iranian foreign ministry, Iran believes it has only
committed “to implement the Additional Protocol on a voluntary and
temporary basis for the sake of transparency and confidence building.”

U.S. intelligence services have a dismal track record of detecting
clandestine nuclear efforts and predicting breakout—in North Korea,
Pakistan, and India, for example. Israeli security officials have admitted
in private that they too have significant gaps in their knowledge about
Iran’s facilities. This is not an indictment of American or Israeli
intelligence capabilities; it is simply very challenging to detect covert
nuclear activities. Permitting Iran to keep its vast nuclear infrastructure
largely intact, as the JCPOA does, only compounds the challenges the United
States and the world will have in detecting Iranian cheating.

An intrusive inspections and verification regime is the sine qua non of any
arms agreement, especially with a congenital cheater like the Islamic
Republic of Iran. Unfortunately, the JCPOA fails on this crucial issue, by
not demanding complete information about the extent of Iran’s past nuclear
weapons research and eschewing “anytime, anywhere” inspections of all
facilities. In other words, it is currently worth no more than the paper it
might have been written on.


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