The new year may have brought with it some signs of progress toward a comprehensive deal between world powers and Iran, lending credence to one of Graham Fuller’s 2015 predictions for the Middle East. However, any movement toward a nuclear agreement must now contend with a potentially game-changing complication: the desire of a new and more hawkish Republican-led Congress to impose additional sanctions on Iran regardless of how the talks are progressing.

The Associated Press reported on Friday that the P5+1 (the US, UK, France, Germany, Russia, and China) had reached a tentative agreement with Iranian negotiators on a plan to have Tehran ship some portion of its stockpiled low enriched uranium (LEU) to Russia. The agreement would presumably be along the lines of the arrangement that was first reported by IPS’s Gareth Porter in October whereby Iran’s stockpiled LEU, as well as much of its newly enriched LEU, would be converted by the Russians into fuel for its Bushehr civilian nuclear facility.

If the AP report is accurate, the deal could represent a major breakthrough in one of the core areas of dispute between the parties: the size of Iran’s uranium enrichment program. The P5+1 have sought to limit the number of centrifuges that Iran would be allowed to operate under the terms of a deal in order to lengthen the amount of time it would take the Iranians to produce enough highly enriched uranium (HEU) for a single nuclear bomb if it chose to pursue one (Iran’s “breakout time”). But Iran has balked at the idea of reducing its centrifuge program. However, another element in the “breakout time” calculation (part of the so-called “Rubik’s Cube” of a final nuclear deal) is the amount of LEU that Iran has stockpiled. Were Iran to agree to ship its LEU (which can be fairly easily enriched to levels required for weaponization) to Russia for conversion into fuel rods (which cannot be easily converted to a weaponizable form), then Iran’s “breakout time” could be extended with only a relatively minor –and perhaps even no — reduction in Iran’s current centrifuge capacity.

It should be noted that the AP report contained no specifics, saying simply that “both sides in the talks are still arguing about how much of an enriched uranium stockpile to leave Iran.” It also offered no indication that the deal would motivate the US/P5+1 negotiators to alter their demand that Iran cut its current number of operating centrifuges by over 50%, to 4500, under a final deal. In addition, Iran’s foreign ministry quickly dismissed the AP report, with spokeswoman Marzieh Afkham saying that “no agreement has been reached yet on any of the issues [being discussed] during nuclear talks,” although that denial could reflect diplomatic posturing on Iran’s part.

Other news out of Tehran, however, has offered a more encouraging sign that the sides may be moving closer to a deal. Iranian President Hassan Rouhani on Sunday argued that Iran should be prepared to accept some limits on its uranium enrichment program if doing so could help achieve a larger aim:

Speaking to an economic conference in Tehran, Rouhani both countered hard-line critics worried Iran will give up too much while also attempting to signal his administration remains open to negotiation with the six-nation group leading the talks.

If “we are ready to stop some types of enrichment which we do not need at this time, does it mean we have compromised our principles and cause?” Rouhani asked.

He responded: “Our cause is not linked to a centrifuge. It is connected to our heart and to our willpower.”

Rouhani’s remarks caused a bit of a social media storm, with some reputable analysts, including Suzanne Dimaggio who heads the Iran initiative at the New American Foundation, suggesting that a final deal is on the horizon.

Important speech by #Iran‘s @HassanRouhani today: “Our ideals are not bound to centrifuges.” Preparing for a deal. http://t.co/f9CB66RT9G

— Suzanne DiMaggio (@suzannedimaggio) January 4, 2015

Additionally, Rouhani seemed to suggest that he could put the terms of a final nuclear deal to a national referendum, possibly in order to bypass potential opposition from hardliners in the Majles (Iran’s parliament) and higher up the country’s religious and political hierarchy. As Juan Cole notes, the results of such a referendum could still be overruled by Iran’s Supreme Leader, Ayatollah Ali Khamenei, but Khamenei may be reluctant to overrule the will of a majority of the Iranian public.

Unfortunately, these positive developments take place amid the rise of a new threat to the ongoing negotiations, not from hardliners in Iran’s parliament but rather from hardliners in the newly installed (as of Saturday) US Congress. Senator Lindsey Graham (R-SC) visited Israel late last month and told Israeli Prime Minister Benjamin Netanyahu that there would be a vote on the previously stymied Kirk-Menendez bill (to impose additional sanctions on Iran) sometime in January, and that the new Congress would “follow [Netanyahu’s] lead” on dealing with Iran and the nuclear talks. Putting aside the astonishing sight of a US senator pledging allegiance to a foreign leader, sanctions are a clearly decisive issue for Tehran. The imposition of another round of broad US sanctions, even if they are made conditional on Iran abandoning the talks or breaking its obligations under the existing negotiating framework, would strengthen hardliners in Tehran who have long argued that Washington cannot be trusted. The Obama administration has pledged to veto any additional sanctions on Iran so long as talks are ongoing, but that may not matter; Senator Marco Rubio (R-FL) told reporters last week that he expects the new Congress to pass a new sanctions bill with veto-proof majorities in both the House and the Senate.

The most recent extension of the talks called for a final framework to be in place by March 1 and for a full deal to be reached by July 1. It seems likely that most Republicans in Congress will do their best to scuttle the talks before either of those deadlines can be reached, putting negotiators (who will meet again Jan 15. in Geneva) on an even tighter timeframe.

So much has been written and said about the uranium enrichment aspect of the 14-month nuclear negotiation with Iran that it is hard to look at it with fresh eyes, and starting from first principles. Nonetheless what follows is an attempt to do so. It suggests that the US and Iran are closer on enrichment than once seemed possible, but are still at risk of failing to find common ground in the course of the extension agreed a week ago.

From an international legal perspective the text that matters is the Nuclear Non-Proliferation Treaty (NPT), to which Iran deposited its last instrument of ratification on 5 March 1970, the same day as the deposit of the US instruments. Under the NPT the US is a “Nuclear Weapon State,” Iran a “Non-Nuclear Weapon State” (NNWS).

The NPT does not prohibit the acquisition of enrichment technology by NNWS. Nor does it impose any limit on the size or number of NNWS enrichment facilities. It merely requires NNWS to use that technology exclusively for peaceful purposes, and to place all the nuclear material fed into and produced by such facilities under International Atomic Energy Agency (IAEA) safeguards.

In the current negotiation, Iran has assured the US that it takes its NPT obligations very seriously. It has also reaffirmed its intention to use enrichment technology exclusively for peaceful purposes, and to continue to implement the NPT safeguards agreement that it concluded in 1975.

Some people assume that such assurances are worthless. They point to the breaches of the NPT safeguards agreement that occurred between approximately1991 and 2003. However, none of those breaches amounted to evidence of an intention to use enrichment for non-peaceful purposes. And US intelligence has yet to come across any such evidence; suspicion of Iranian nuclear weapon intent has rested on inference, not evidence. States, like people, can make mistakes and then resolve not to repeat them.

There are also several resolutions adopted by the UN Security Council (UNSC) between 2006 and 2010 that make legal demands of Iran. But none of them imposes limits on the size and number of Iranian enrichment facilities. Still less do any of them outlaw Iranian possession of enrichment technology for peaceful purposes. One of them requires Iran to cooperate with the IAEA to resolve concern that Iran has engaged in research into nuclear weapon-related technologies. Iran has been doing that since November 2013, albeit with increasing hesitancy.

In the Iranian case another perspective is as important as the legal perspective; it is the confidence-building perspective. This was crucial to an attempt to resolve the problem peacefully in the wake of the IAEA Director General reporting the safeguards breaches to which reference is made above, because these breaches had undermined confidence in Iran’s peaceful intentions.

In the autumn of 2003, Iran volunteered, in the interest of confidence-building, to go beyond the requirements of its NPT safeguards agreement and make available to the IAEA the information and access required by the Additional Protocol (AP). Tehran also undertook to suspend activity at its only enrichment facility while it negotiated longer-term confidence-building measures with the UK, France and Germany (E3). The Iranians implemented these short-term measures scrupulously and ceased doing so only after they had grasped that nothing less than renunciation of the enrichment option would satisfy the E3.

In the current negotiation, various reports suggest that Iran has so far volunteered to renew application of the AP, de facto initially and later de jure; to accept limits on the size and number of its enrichment facilities during a confidence-building period; to refrain from producing uranium enriched to more than 5% U235; to convert some of its under 5% U235 uranium (LEU) into forms in which it would not be readily available as feed material; and to send the rest of its LEU stock to Russia for use in the fuel that the Rosatom corporation is supplying to the power reactor at Bushehr. Iran’s negotiators also have reportedly suggested that they are ready to extend the Bushehr fuel supply contract well beyond 2021.

In parallel, Iran has negotiated that Rosatom will help build two further power reactors and will supply them with fuel throughout their operating lives.

In confidence-building terms, this amounts to an impressive package. With only 10,000 IR-1 centrifuges in operation in only one facility, and its LEU stock unavailable to serve as feed material, Iran would need at least six months to produce enough highly enriched uranium (HEU) for one nuclear device. With only 8000 IR-1s and no LEU feed, Iran would need at least eight months.

And if the Bushehr supply contract were extended to 2031, Iran would only need to consider increasing the available quantity of separative work units (a measure of centrifuge output) in the late 2020s.

In other words, Iran is offering a package that exceeds its NPT obligations by a wide margin. IAEA inspectors would be able to acquire confidence that there are no undeclared nuclear activities or material in Iran. The international community would know that it had six to eight months at least to react to any sign of Iranian misuse of its enrichment capacity for non-peaceful purposes.

So why in Vienna did it seem that this package is not enough for the US? That is for representatives of the US administration to explain. Past statements suggest that they will say that they need certainty that Iran will be incapable of producing (“cannot”) even one nuclear weapon.

That may sound reasonable but is in fact an unrealistic goal. It would require Iran not only to destroy all its centrifuges but also to wipe the minds of its engineers clean of all their knowledge and experience of enrichment technology. It also puts the negotiation at risk of the same fate as the 2003-5 E3 negotiation, because Iran is unready to build confidence by closing down its enrichment program. And it runs counter to the spirit of the NPT, since the NPT bases nuclear non-proliferation on self-restraint, political will, and deterrence through verification, not on nuclear technology surrender.

If instead the administration admits that it cannot literally “close all pathways” to a weapon but claims that it needs at least 12 months to react to any break-out attempt, then they should be asked why six to eight months would not be enough.

It is self-evident that 12 months of additional sanctions would not cause Iran to abandon a break-out attempt. Eight years of sanctions have failed to persuade Iran to re-suspend enrichment. Post-1918 history is littered with failed sanctions policies.

On the other hand, 12 months are more than are needed to get UN Security Council approval for the use of force to prevent break-out and to act on it—or for a coalition of the willing to form in the unlikely event of Russia or China threatening to veto a UNSC resolution. In 1990, only six months were needed for the US to gain approval for and prepare a massive operation to drive Saddam Hussein out of Kuwait. As recently as last April, Secretary John Kerry was formulating the goal as “six to 12 months.”

This analysis will be misconstrued by some as an apologia for Iran. Others will realize, I hope, that it is an attempt to clarify the progress that has been made on enrichment over the last 12 months; to explain why the current Iranian offer is reasonable from a legal and from a confidence-building perspective; and to counter the pernicious influence on US negotiating goals of people who want the bar set so high that Iran will refuse the jump.

by Ariane Tabatabai

With the November 24 deadline for a comprehensive deal between world powers and Iran on the country’s nuclear program now behind us, the negotiating teams have returned to their capitals to debate next steps. They will reconvene in Oman in early December to continue their efforts to strike a deal in seven months.

The extension represents both good and bad news. It shows once again that the parties truly want a final deal and that they are ready to take up the task. At the same time, the prolonged timeframe for a deal won’t be welcomed by various factions back home, who now have more time and room to derail the process altogether.

Indeed, as the negotiating teams were working around the clock to try to bridge the remaining gaps, various groups in Tehran and Washington, as well as in Tel Aviv and Riyadh, were working to get their own concerns onto the negotiating table.

In the United States, some influential members of Congress believe that Iran is in a comfortable position, not really seeking a solution but rather an indefinite extension of the talks to get sanctions relief. But as noted by Secretary of State John Kerry from Vienna on the day the extension was announced, Iran has been complying with the interim deal concluded in November 2013. In fact, the International Atomic Energy Agency (IAEA) released a report the same day showing that key elements of the Iranian nuclear program remain suspended. Tehran, then, is not just kicking the can down the road.

Powerful Iranian figures also have concerns about the extension. They believe that the interim Joint Plan of Action (JPOA), signed last year in Geneva, has effectively suspended important parts of the country’s nuclear program without giving Iran much back in return. However, they are also ignoring an important element of the process: The JPOA has granted Tehran access to some of its frozen assets, as it slowly prepares to reopen its market to international business, and leave its political isolation.

Over the next few months, critics on all sides will become louder, especially as Tehran and Washington continue to engage in cordial settings, raising concerns among some of their respective key constituencies.

The remaining key issues—the number of centrifuges Iran will be able to keep and operate, the timeframe of the deal, and sanctions relief—will likely be the main points of contention for these constituencies.

Other challenges could also arise in the process, including the interpretation of the JPOA over the next several months and the grey areas it includes. For instance, a couple of weeks prior to the deadline, Iran began to feed its IR-5 centrifuges (currently non-operational) with Uranium Hexafluoride, which caused a serious debate among nuclear experts. According to David Albright of the Institute for Science and International Security, this act was a violation of the interim deal. Others, however, including Jeffrey Lewis at the Monterey Institute, rejected the charge, stating that the JPOA does in fact allow Iran to pursue research and development, including this activity. Expectedly, Iran denied that it had failed to uphold its end of the bargain and the US State Department ultimately backed up the Iranian position.

However, while key components of the Iranian program, including the installation of new centrifuges or further work on the Arak heavy water reactor, are suspended under the JPOA, Tehran continues its research and development. This means that a new generation of centrifuges could add fuel to the fire. Ideally, Iran would refrain from such activities while the talks are ongoing. But while such a step would be received positively on the international stage, thereby aiding the confidence-building process, domestically, it would backfire. It would provide conservatives and other hard-liners in Tehran with more ammunition to shoot at the negotiating team and the government generally.

Indeed, balancing international and domestic priorities and expectations is going to constitute a major challenge for Iranian President Hassan Rouhani as the talks continue. If his government is to make any concessions, it needs to show its domestic constituencies that it is not giving up and still making progress on the nuclear program.

The good news is that Supreme Leader Ayatollah Ali Khamenei, the highest authority in Iran, continues to back the negotiating process. He reiterated his support for the negotiators led by Foreign Minister Javad Zarif on Nov. 25, the day after the deadline was missed, saying that Zarif and his team remained standing even as the West tried to force them to kneel. This crucial statement, which reiterated his deep mistrust of the West, came amid increasing pressure from hard-liners in Tehran and will serve in quieting them down for a while.

But as they key countries of Iran and the United States continue to engage, the prospect of prolonged détente, and especially rapprochement between the two long-time adversaries will result in the unity of four unlikely stakeholders—hard-liners in Tehran and Washington, as well as Riyadh and Tel Aviv—in opposing improved US-Iran relations, for their own reasons.

Meanwhile, the stakes are higher than ever. President Obama, who will be dealing with a Republican-dominated Congress as of January, needs a major foreign policy achievement before his term is up in 2016. In the meantime, his ability to effectively “defeat and ultimately destroy” Islamic State forces in Iraq and Syria—another defining element of is presidential legacy—will inevitably be influenced by the outcome of the talks. On the Iranian side, by the new deadline of July 1, 2015, the Iranian president will have spent the better half of his first term almost entirely focused on the nuclear issue, essentially rendered unable to seriously advance other items on his agenda.

In other words, both presidents have been banking on a historic deal, but while the extension of the talks allows Tehran and the West to continue engaging, thereby building the trust necessary for a final accord, it also means more time and room for detractors to sabotage the process.

Ariane Tabatabai is an Associate at the Harvard Kennedy School’s Belfer Center and a columnist for the Bulletin of the Atomic Scientists. 

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As Iran and six world powers scramble to reach a deal over Iran’s nuclear program by the deadline of Nov. 24 in Vienna, Washington is seeing a flurry of last-minute events focused on the pros and cons of pursuing diplomacy with Tehran.

While advocates from both sides made their arguments on Capitol Hill this week, two distinguished former US ambassadors told an audience here Wednesday that a deal between world powers and Iran over its nuclear program offers “huge advantages” and that the chances of a “complete breakdown” in the talks at this stage are low, even if the prospect of a comprehensive accord being signed before the looming deadline is also unlikely.

Stuart Eizenstat, who played a key role in promoting sanctions against Iran under both Jimmy Carter and Bill Clinton, endorsed the diplomatic process with Iran at a Nov. 19 panel discussion hosted here by the Atlantic Council.

“I am of the belief that an agreement is important, and that there are huge advantages—to the United States, to the West, and to Israel—in having an agreement along the lines of what we see emerging,” he said.

Last month the veteran diplomat, who was named special adviser to the secretary on Holocaust issues last year, offered a key endorsement of diplomacy with Iran in an interview with the Jerusalem Post.

Eizenstat, who currently chairs the Coucil’s Iran Task Force, also emphasized the consequences of failing to reach an accord with Iran:

Without an agreement, one always has to ask, “What’s the alternative?” No deal means an unrestrained [Iranian] use of centrifuges, it means a continuation of the Iranian plutonium plant in Arak, it means no intrusive inspections by the IAEA, it means no elimination of [Iran’s] 20% enriched uranium, it means less likelihood of eliminating weaponization, it means undercutting those who are relative moderates in Iran. So there are enormous implications.

Thomas Pickering, who served as Washington’s chief envoy in virtually every hot spot—from Moscow to San Salvador and from Lagos and Tel Aviv to Turtle Bay (in the run-up to and during the first Gulf War)—meanwhile explained why a negotiated settlement to Iran’s nuclear program is highly preferable to the “military option.”

“Nobody believes that the use of force is a guaranteed, one-shot settlement of the problem of Iran’s nuclear program,” said Pickering, who co-runs the Iran Project, which promotes diplomacy between Iran and the United States, along with several other top foreign policy experts.

Pickering also argued that a deal would open the door to “further possibilities” for US-Iranian cooperation on a host of regional issues, most immediately in serving the president’s plan of “degrading and destroying” Islamic State (ISIS or IS) forces in Iraq and Syria and in bringing stability to Afghanistan.

“I remain optimistic,” he said, “but only on the basis of the fact that reasonable people could agree.”

Pickering argued that domestic politics in both countries could be the ultimate impediment to a final deal.

“The real problem is that there is a lot of unreasoned opposition, in both countries, that is affecting the situation,” he said.

On the American side, the “unreasoned opposition” Pickering referred to is rooted in Congress, where key members of the House and Senate advocate the Israeli government’s position that any deal should completely or almost completely dismantle Iran’s nuclear infrastructure, which would be a non-starter for the Islamic Republic.

Yet whereas Pickering was critical of Israeli Prime Minister Bibi Netanyahu for having “overreached” last November in calling last year’s interim Joint Plan of Action (JPOA) a “historic mistake,” Eizenstat suggested that his hardline stance may actually have toughened the P5+1’s (US, UK, Russia, China, France plus Germany) resolve to minimize Iran’s enrichment program as much as possible.

But Uzi Eilam, the former director general of the Israeli Ministry of Defense Mission to Europe, argued that Netanyahu is “getting used” to the idea that Iran will retain some enrichment capacity under a comprehensive deal.

A deal that includes stringent monitoring by the International Atomic Energy Agency (IAEA) and a third party (Russian) commitment to process Iran’s enriched uranium into fuel and assume responsibility for spent reactor fuel would be enough to meet Israeli security concerns even with an active Iranian enrichment program, said Eilam.

Pickering also noted that sanctions relief remains a sticking point, with the Iranians wanting full relief immediately and the P5+1 insistent on maintaining some sanctions in order to ensure Iran’s continued compliance with the terms of the final accord. But he was joined by Eizenstat in arguing that it would be “almost impossible” (Eizenstat’s words) for both sides to just walk away from the talks at this point.

While both Iran and the P5+1 continue to insist that they are focused on reaching a comprehensive accord by the deadline, with just three days to go, it appears highly unlikely.

As to how long the talks would go on in the event of an extension, Pickering argued that “short-term would be better than long-term,” though he acknowledged that “short-term is harder to get because everybody’s tired, they want to go home and think.”

Eizenstat added that the impending political change in Washington, where Republicans will take control of the Senate in January and are expected to oppose any deal with Iran, would make a short extension more desirable than a long-term one.

Within a few days we will know whether President Obama’s efforts to negotiate an agreement with Iran over the latter’s nuclear power ambitions have proven successful or not and, if final compromises are not reached, whether the talks can be continued. The tens of thousands of words devoted to these efforts by negotiators over the last year have naturally focused on the details of an agreed protocol on the number of operating centrifuges in Iran and the pace of sanctions relief.

The president has invested much political capital into this endeavor and the failure to reach a final accord could end his aim of trying to alter the political and military balance of power in the Middle East. The effort has been so arduous and controversial that he has very carefully avoided a full explication of his strategic aims. The recent letter he reportedly sent to Iran’s Ayatollah Ali Khamenei—the full text of which has not been released—in which he is said to have suggested working together in battling Islamic State forces in Iraq and Syria, might be the closest we could get to Obama’s reasoning.

The long freeze in US-Iranian affairs is softening but where that process is headed is yet to be determined. The election last year of Iranian President Hassan Rouhani and the delegation of authority to him of testing US intent by the supreme leader reflects not only the pressures of broad economic sanctions but also the slight easing of revolutionary strictures, as well as the shared concern by both countries that events were threatening to run out of control. The US policy of aligning with Israel and the Sunni monarchies has long required adjusting, and President Obama has taken on that initiative with Iran in mind.

Every area of the globe presents a complex mix of old and new frictions, serious and minor conflicts of interests, and the rise of new and challenging issues that further the sense of confusion and helplessness. More than anywhere else, the Middle East evades a clear US strategy or a broad domestic political consensus on clear, rational, and practical interests. In the Middle East the United States contends today with the consequences of its failure to bring democratic governments to old societies; the rise of well-armed militias based in part on extremist Islam; severe tensions between political and religious divisions within Islam; waves of anti-western and anti-American sentiment; the regional antagonism to the close US-Israeli relationship; and the regional efforts to adjust the political boundaries of a post-Ottoman world. American financial assistance to the Sunni militias from the Arab monarchies has meanwhile created a monster that defies our interests.

The Bush administration’s efforts to cope with new and old adversaries and challenges typically were military—the invasions of Afghanistan and Iraq. Both have had, charitably, very limited success and have further distorted the political landscape. At the moment, there is no recognizable and acceptable balance of power, no consensus on limits of national rights and no regional institutions to cope with shared questions.

President Obama has recognized this hapless and dangerous condition and accordingly tried to adjust American policies in the region. He has tried to withdraw militarily from Iraq and Afghanistan while pursuing a more diplomatic posture, starting with the Israel-Palestine conflict. Until recently this year, he was also reluctant to engage militarily in Syria, having understood that the collapse of the country’s government would introduce an array of additional threats to regional peace.

Ending the 35-year-long cold war with Iran has also been a top priority in Obama’s vision of America’s future, but resolving fears, both regional and domestic, over Iran’s putative ambitions for nuclear weaponry has been the prerequisite. Beyond allaying fears of regional nuclear proliferation is the hope that over time, a new relationship will constitute a path to political realignments—a new direction for us and the nations of the area.

Of course, the president still has to contend with his predecessors legacy in Iraq. Following the withdrawal of US forces in 2011, Obama repeatedly said that there would be no more US boots on the ground in that country, yet nearly all his military officers have been quoted saying that without ground forces, air power will be insufficient in thwarting the new militant force of Islamic State (ISIS or IS). If not us, then who? Turkey, the Emirates, Saudi Arabia, Jordan, Egypt? Wishful thinking; they are hardly equipped for the job.

Iraq, of course, has its own vision and demands. What is necessary is the very ephemeral realization of greater cooperation and coordination of those who recognize a common threat to their well being—if not their existence. Like it or not, Iran can play a significant part in the attempts to defeat IS and find an acceptable solution for Syria, which is currently the most affected by the rise of Islamic militancy.

Quarantining Syria makes little sense; it’s domestic politics may be loathsome but its leaders are not causing American casualties and losses. It may be time for a realistic debate over the role of Syria in its own defense and the struggles against IS and the other extremist forces ravaging the country.

Unfortunately, nothing is easy in the Middle East, and such initiatives will also continue to meet the strong opposition of American conservatives who do not trust Iran and are subject to lobbying pressure from Israel, the Sunni Arab states and Turkey. In this light, the reach for a greater rationality may simply prove impossible.

by François Nicoullaud

Paris, France—This is not the first time that we may have trapped ourselves when drafting UN Security Council (UNSC) resolutions that were intended to trap another country—in this case, Iran. The present situation recalls in some respects the period around 1997 when most Security Council members would have liked to rescind, or at least amend, the sanctions adopted against the regime of Saddam Hussein after the 1991 Gulf War, as their effects were obviously getting out of hand: widespread corruption, and the dramatic deterioration of the Iraqi population’s state of health, to name a couple. But any change in the sanctions would have required unanimity from the five permanent members of the Council, and that was definitely out of reach. The situation led French President Jacques Chirac to express his frustration. “We want to convince, not coerce,” he said. “I have never observed that the policy of sanctions can produce positive effects.”

We have not yet reached such a dramatic juncture with Iran. But should it become useful to rapidly lift the sanctions imposed by the four UNSC resolutions between 2006 and 2010 in order to secure a comprehensive agreement on Iran’s nuclear program, the Western negotiators may find themselves incapable of delivering and may instead try to kick the can down the road to some point in the distant future.

Aimed at halting Iran’s military, nuclear and ballistic activities, these UNSC resolutions are not the ones that hurt the most. More destructive are those unilateral measures imposed by the United States and the European Union, since they were designed essentially to destabilize the Iranian economy. But the UNSC sanctions carry with them a “pillory effect” that the Iranians perceive, quite correctly, as deeply humiliating. They also provide the legal bedrock upon which the European sanctions, in particular, have been constructed. The Iranians are therefore anxious to see them lifted as soon as possible through a decision by the Security Council to close the file it opened in 2006 and return it to the forum from which it should never have been taken: the International Atomic Energy Agency (IAEA).

The conditions for terminating these resolutions, however, are also overwhelming. In fact, the people who drafted them seem to have been pursuing two not necessarily compatible goals at the same time.

The first goal was to pile up all the preconditions that the authors believed were necessary to prevent Iran from acquiring a deliverable nuclear device, including:

• suspending all activities related to enrichment and reprocessing, including research, development, and construction of new facilities;
• suspending all activities related to the construction of a heavy-water research reactor;
• providing immediate access to all sites, equipment, persons and documents requested by the IAEA in order to verify Iran’s compliance with the Security Council decisions and to resolve all outstanding issues related to the possible military dimensions (PMD) of the Iranian nuclear program;
• promptly ratifying the Additional Protocol to Iran’s safeguards agreement with the IAEA; and
• suspending all efforts to develop ballistic missiles capable of delivering nuclear weapons.

Considering the context in which these resolutions were adopted, there was little chance that the Iranians would comply with such an elaborate and comprehensive set of so-called “confidence-building measures,” which would have forced Tehran to abandon virtually all of its nuclear and ballistic-missile ambitions.

The second goal was substantively quite different from the first and indeed somehow contradictory. It aimed to push Iran into negotiations, as illustrated by the formula that was included in all the UNSC sanctions resolutions, which ritually expressed the “conviction” that Iran’s compliance “would contribute to a diplomatic, negotiated solution.” Moreover, if Iran suspended its enrichment and reprocessing activities, the Council declared its willingness in return to suspend at least some of its sanctions in order “to allow for negotiations in good faith” and “reach an early and mutually acceptable outcome.”

As we now know, a negotiation process ultimately was initiated, albeit through a radically different path, as the West dropped its demand that Iran fully suspend all its sensitive nuclear activities before entering into substantive talks. One can therefore assume that the second goal will be accomplished as soon as a comprehensive agreement, which will hopefully emerge from the current round of talks in Vienna, enters into force, thus rendering this dimension of the UNSC’s resolutions totally obsolete.

But of course, the resolutions’ first dimension—the exhaustive inventory of “confidence-building measures”—remains in place. Because confidence is essentially an elusive and subjective feeling, taking this path involves embarking on a long-term, winding and always reversible road, the end of which is only faintly discernible now. Such a process is also hardly compatible with the “on-off” mechanism of the Security Council: there is no chance that its resolutions, once cancelled, could be reintroduced. Hence the strong reluctance of the Western powers to commit themselves to such an outcome.

We also all know that the sanctions are much easier to adopt than to rescind, as they tend to create, in the meantime, their own logic and dynamics. They develop new balances of power and vested interests, if only among those in authority who have dedicated themselves so thoroughly to the sanctions’ implementation and enforcement. One has only to recall the notorious example of the general embargo imposed by the Allies against Germany during the First World War whose continuation for several months after the 1918 Armistice unnecessarily prolonged the suffering of the German people and deepened the bitterness of their defeat.

Are Iran’s negotiating partners ready to learn the lessons of history? The Gordian knot that the UNSC sanctions represent should be slashed asunder, if not immediately upon the signing of a comprehensive agreement with Iran, then at least after a moderately short period in which Iran’s determination to comply with its terms could be confirmed. Such a gesture could also be linked appropriately to the formal ratification by Iran’s parliament of the Additional Protocol that Tehran had signed during an unsuccessful round of talks back in 2003—the two moves being equally irreversible.

This would not mean that pending requests made to Iran, such as the ancient issue of the “possible military dimensions” (PMD) of its nuclear program, would have to be abandoned. But it would mean that these requests would thenceforward be dealt with exclusively by the IAEA. It would also mean that the Council, in light of the progress achieved after the signing of a final deal, would no longer consider the Iranian situation a “threat to the peace” under the terms of the UN Charter’s Chapter VII, the only chapter that authorizes the use of coercive measures against a Member State in order “to maintain or restore international peace and security.”

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by Jasmin Ramsey

Raising expectations for a deal over its controversial nuclear programme, Iran’s chief negotiator Mohammad Javad Zarif has said that a joint statement on the framework of a nuclear deal could be issued as early as Friday here amid ongoing negotiations with the P5+1 group of world powers.

Those expectations have also been raised by an NBC report that U.S. Secretary of State John Kerry — who President Barack Obama appointed to oversee the U.S. side of nuclear negotiations with Iran in September — is unexpectedly heading to Geneva now.

While officials from all sides here have remained tight-lipped about what that deal could include, the Iranian foreign minister exclusively told IPS that Iran’s parliament could consider implementing the Additional Protocol — a voluntary legal agreement that would allow the International Atomic Energy Agency (IAEA) increased inspection access to all of Iran’s nuclear facilities — as part of a deal if it was convinced that sanctions would be reversed.

“The additional protocol is [only] within the prerogative of the Iranian parliament to adopt and to ratify, but we can consider it if the necessary confidence is built,” Zarif told IPS in an interview Thursday evening.

“[The U.S.] should show that they are prepared to reverse the trend; that is, to stop trying to achieve their objections through pressure on Iran,” said the foreign minister.

“Iran demands respect and equal footing [that is] only done when you are prepared to accommodate the other side without trying to impose your views,” continued Zarif.

“We want to see a situation where Iran’s right to the peaceful use of nuclear energy, including enrichment on Iranian territory, is respected and at the same time all sanctions are removed,” he said.

“We are prepared to address the concerns of the international community in the process,” he added.

Asked by IPS to elaborate on any impediments to a deal, Zarif said that Iran was seeking one that was domestically acceptable.

“For this deal to be sustainable and in fact foster confidence, it needs to be balanced,” said Zarif, a Western-educated academic who worked closely with the U.S. in 2001 in drafting the deal that led to the post-Taliban government in Afghanistan.

“Neither side should be told at home or by detractors outside that they’ve been taken for a ride; you want a deal that can be presented to sceptical publics,” he said.

Zarif also rejected the possibility of Iran suspending its controversial uranium enrichment as part of the framework of a possible deal.

On Wednesday, that idea was expressed by the U.S. Senator Robert Menendez, the chair of the Senate Foreign Relations Committee, in an interview with CNN.

Menendez told the journalist Christiane Amanpour that Iran should completely “suspend” its nuclear programme before even a pause in more sanctions.

Zarif rejected that notion this evening in a follow-up CNN interview and with IPS.

“From 2003-05 we did in fact suspend [uranium enrichment]; it didn’t lead anywhere,” Zarif told IPS.

“And from 2005 until now, they’ve been pushing for suspension. The result is that in 2005 we had less than 160 centrifuges spinning, now we have 19,000,” said Zarif.

Asked what measures Iran could take to address the international community’s concerns about Iran’s nuclear programme, Zarif told IPS, “It is in our interest that even the perception that Iran is seeking nuclear weapons would be removed” and Iran “will do anything possible, everything reasonable, to remove those perceptions.”

Iran could address those concerns by operating its nuclear programme in a “transparent, open way with IAEA monitoring,” he said.

Although the Obama administration has recently been lobbying for a temporary pause in the implementation of more sanctions on Iran while talks are in progress, key figures in Congress are voicing resistance against the effort.

A senior administration official told reporters here Wednesday that “Our experts strongly believe that any forward progress on additional sanctions at this time would be harmful to and potentially undermine the negotiating process at a truly crucial moment.”

“In response to a first step agreed to by Iran that halts their programme from advancing further, we are prepared to offer limited, targeted, and reversible sanctions relief,” said the official, who was speaking on the condition of anonymity.

But the Senate Banking Committee is reportedly now poised to move ahead with more sanctions on Iran after the talks conclude here on Nov. 8, according to Reuters.

On Wednesday, a top Republican senator on the Foreign Relations Committee also said he was preparing legislation that would prevent the loosening of sanctions on Iran.

“We’ve crafted an amendment to freeze the administration in and make it so they are unable to reduce the sanctions unless certain things occur,” Sen. Bob Corker told the Daily Beast on Wednesday.

While Iran may currently be far from reaching relief from U.S.-led sanctions targeting its oil revenues and banking sector, it may be getting closer to obtaining relief in other ways as part of a mutual deal.

“A lot of the U.S. restrictions are going to remain, but a good deal that the administration here signs off on could have a big impact on sanctions relief,” Suzanne Maloney, a former State Department policy planning official, told IPS.

“It depends what happens over the course of the next 24 hours…it’s difficult to persuade Congress to back off on any kind of pressure on Iran, but the banking committee’s decision doesn’t mean these provisions automatically become law,” said Maloney, an Iran expert at the Brookings Institution.

“It’s entirely conceivable that if we see something come out of these talks, these sanctions would either not become law or be implemented,” she said.