Pierre Goldschmidt imagines a fictional conversation with a senior Iranian official that presents in lively way the arguments in his excellent talk, The Iranian Nuclear Issue: Achieving a Win-Win Diplomatic Solution.

Click on the jump for the full text.

February 22, 2012

Negotiating with Iran

A hypothetical dialogue with a peace-loving nationalist Iranian decision maker

Pierre Goldschmidt

During my time as Deputy Director General of the International Atomic Energy Agency (IAEA) and head of its Department of Safeguards (from 1999 to 2005) I had many contacts with high and medium ranking Iranian officials when discussing the country’s previously undeclared nuclear activities. From those negotiations I have greatly valued the human contacts with some of these officials, and hopefully better understood their views of the role Iran should play in the world and their frustration over past treatment.

Iran is a great nation with immense natural and human resources and potential. Unfortunately, due to the violations of its Safeguards Agreement and because of its uncompromising behaviour, Iran is today considered by the UN Security Council (UNSC) to be a threat to international peace and security. Consequently, its people are suffering from crippling economic sanctions.

I am no longer in charge of negotiating with Iran about their nuclear program but I dream that a diplomatic solution to the present crisis can be found that is in everyone’s best interest. What follows is an imaginary dialogue between a high ranking Iranian decision maker whom I will call “His Excellency” (EXC) and me (PG). It is an attempt to find a compromise on the nuclear matter that would be acceptable to all parties.

PG. Excellency, I have no doubt that your objective is to contribute to the wellbeing of the Iranian people now and in the future.
You know I have no official position and no hidden agenda, and I have long admired the Iranian nation and its people. It is no secret that I have been critical of the lack of cooperation provided by your government to the IAEA as reported so many times by the IAEA Director General to the Board of Governors.
That being said, could we try, in good faith, to find any measure that would minimize the negative consequences of the present nuclear crisis for Iran and all other states in the region and beyond?

EXC. You should know that I did not always like what you wrote on our nuclear program, but I accept your claim that it was in good faith in order to put all the facts on the table. I still contend that it reflects a very Western point of view and I could dispute the validity of some of your statements.
But I am ready to brainstorm with you to see how we could possibly break the deadlock about our nuclear program and avoid increasing sanctions, ineffective as they may be. But frankly I have doubts that we will succeed where so many have tried and failed in the past.

PG. Fine. Don’t you think we should first agree on the positions that we will not try to change for the time being, not because we are happy with them but because it would be hopeless in the present circumstances and the political environment?

EXC. That seems reasonable. I can immediately say, as has been said repeatedly by President Ahmadinejad and many others, that we will never give up our inalienable right to the nuclear fuel-cycle and in particular uranium enrichment.

PG. With all due respect, your Excellency, I think what you just said doesn’t accurately reflect what the UNSC has requested of Iran. The UNSC has never demanded that Iran give up its right to enrich uranium. It has required that Iran temporarily suspend its enrichment-related activities until the IAEA has been able to conclude that Iran’s declarations about its nuclear program (past, present and future) are correct and complete.

EXC. We consider that request for suspension as illegal.

PG. I know, and I disagree with you, but let’s not discuss this. I understand that although Chapter VII UNSC requirements are legally binding, for internal political reasons, Iran will not suspend its enrichment activities. Do you accept that as long as Iran does not verifiably suspend all enrichment-related activities there is no hope that the UNSC will suspend existing sanctions under its resolutions 1737, 1747, 1803 and 1973?

EXC. Yes, so where does that lead us?

PG. The international community needs to be reassured that Iran’s nuclear activities are not developed with the objective of Iran becoming a nuclear threshold state.

EXC. This is ridiculous. Under this pretext Western technology holders are trying to deprive Iran of the benefits of nuclear energy and technology. What’s the difference between the nuclear program of Iran and that of Brazil which has not signed the Additional Protocol (AP) , has enrichment facilities and gets the full support of France in developing its nuclear propulsion submarines?

PG. This is a good point, and personally I am very critical of the fact that Brazil has refused so far to sign and ratify the Additional Protocol. But among the main differences between Iran and Brazil is that the latter has not been found by the IAEA to be in non-compliance with its safeguards agreement, has ratified the Comprehensive Test Ban Treaty (CTBT) and is a party to the Tlatelolco Treaty that established a zone free of nuclear weapons in Latin America. What is wrong is to pretend that the West wishes to deprive Iran of the benefits of nuclear energy even if it is true that in the past the USA has tried to block the construction of the Bushehr nuclear power plant. As you know, the P5+1 offered in June 2008 a comprehensive proposal for possible areas of cooperation with Iran, which inter alia “recognize[s] Iran’s right to develop research, production and use of nuclear energy for peaceful purposes in conformity with its NPT obligation”, and this proposal was annexed to UNSC resolution 1929.

EXC. What you forget to mention is that this proposal was made on the condition that “Iran verifiably suspends its enrichment-related and reprocessing activities” which is a non-starter. We are proud of our technical achievements, and our people are fed-up with the Western policy of a double standard that unfairly discriminates against Iran because the West does not like our Islamic regime. Look at how the Western powers close their eyes to Israel’s nuclear arsenal and cooperate with India without any commitment by India to freeze its nuclear weapons program or to sign and ratify the CTBT!

PG. I share your frustration about the US-Indian deal and publicly criticized the so-called “Indian exception” long before it was endorsed by the NSG.
Israel is another matter and it will not be helpful for our purpose to discuss it nor to analyse why the alleged Israeli nuclear arsenal is a greater problem than the established Pakistani nuclear weapons arsenal which Iran never criticizes.
So let’s focus on our objective which is to unlock the present stalemate and find a way to reassure the P5+1 (even partially) that your nuclear program is exclusively for peaceful purposes and not bringing you too close to a nuclear weapons capability while simultaneously allowing Iran some enrichment activities and avoiding additional economic sanctions.

EXC. Don’t you think that Japan and Brazil are de facto nuclear threshold states? They have reached that stage without breaching any international agreement or treaty. Why what is acceptable in their case is not acceptable in the case of Iran? Isn’t that again a Western double standard just because you don’t like our regime?

PG. One of the main differences is that the IAEA has not reported evidence that Japan and Brazil were working on the development of nuclear weapons components while such evidence has been reported with respect to Iran. Neither Japan nor Brazil has been found in non-compliance with their safeguards agreements, neither has ever threatened, as Iran has more than once, to withdraw from the NPT, and contrary to Iran both have signed and ratified the CTBT.

EXC. So what do you suggest? That we again implement the AP as we did before? We have been told that this would not be enough to restore trust! Hoping to have the AP ratified by the Majlis in the present circumstances is simply unrealistic.

PG. Implementing the AP (and Iran’s commitment to provide early design information) would certainly be a significant step forward, but as you say, it would not be sufficient to restore confidence. If the Majlis cannot presently ratify the AP could it possibly ratify the CTBT? This would be another important confidence building measure.

EXC. Iran will not be the last country to ratify the CTBT for it’s entry into force.

PG. You realize that such a statement doesn’t help us in the short term. Could the Majlis ratify the CTBT subject only to the US, Israel and Egypt’s ratification of the treaty?

EXC. I don’t know. It would be difficult but maybe not impossible. What else?

PG. How could you reassure the world (not only the West but also Arab countries) that Iran is not one day going to use its stockpile of low enriched uranium (LEU) as feed material to produce high enriched uranium (HEU) , or to recover the weapons grade plutonium contained in the spent fuel of the Arak heavy water research reactor?

EXC. I see where you want to lead me. You want Iran to commit not to enrich uranium beyond 20% or even 5% U-235 and not to reprocess its spent fuel. This is again asking Iran to give up its inalienable rights under the NPT. It would be a discriminatory measure and therefore unacceptable.

PG. No, Iran would not be requested to renounce any of its rights under the NPT once the IAEA has determined that Iran’s declarations are correct and complete and that its nuclear activities are exclusively for peaceful purposes.

What I am suggesting is that Iran concludes an agreement with the P5+1 voluntarily limiting to the present level the number of centrifuges installed at Natanz, not installing centrifuges at Fordow or any other site, and every six months sending all LEU produced domestically to Russia to be used for the fabrication of fuel assemblies for the Bushehr NPP and possibly for the Tehran Research Reactor so long as there is no disruption in the delivery of these fuel assemblies for political reasons. Also Iran would conclude an Infcirc/66-type safeguards agreement for each of its fuel-cycle facilities in order to guarantee that these plants would remain under IAEA safeguards even if Iran were to withdraw from the NPT.

Exc. This merits consideration, but what would be the benefit for Iran?

PG. First of all the US and the EU would commit not to endorse any new sanction against Iran as long as Iran implements the agreement and fully and proactively cooperates with the IAEA to resolve all outstanding issues. The P5+1 would also provide a grace period of say six months during which Iran would not be blamed or sanctioned if it were to acknowledge any failure to declare nuclear material and activities or breaches of its safeguards agreement.
As a result, and although this would not meet UNSC demands, Iran could continue enrichment activities to 5 % U-235 without incurring additional sanctions except if additional breaches are discovered after the grace period.

Once the IAEA has confirmed the exclusively peaceful nature of Iran’s nuclear program, Iran would no longer be required to export its stockpile of LEU but would agree to maintain its commitment not to produce HEU nor reprocess spent nuclear fuel. To help the IAEA reach this conclusion rapidly, Iran should agree to voluntarily implement a Temporary Complementary Protocol providing the Agency with better access rights than those foreseen in the Model Additional Protocol.
In parallel the P5+1 would negotiate with Iran over how best to further define, expand and implement the long-term cooperation agreement specified in Annex IV of UNSC Resolution 1929.

I hope you can agree that such a deal would constitute a win-win solution for all the parties.

EXC. This might look attractive on paper, but it would give us no guarantee that Israel will not attack our nuclear facilities.

PG. Quite the contrary. The best chance to reduce this threat is for the negotiations due to restart soon between Iran and the P5+1 to produce tangible and credible results. The framework we just discussed has the potential to both mitigate the present crisis and resolve the long term impasse over Iran’s nuclear program.