MEETING OF FM KUBIS WITH DEPUTY SECRETARY OF

C O N F I D E N T I A L SECTION 01 OF 02 BRATISLAVA 000749

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/17/2013
TAGS: PGOV PREL UNSC IR LO
SUBJECT: MEETING OF FM KUBIS WITH DEPUTY SECRETARY OF
IRAN'S SUPREME NATIONAL SECURITY COUNCIL

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Classified By: CDA Lawrence Silverman as per E.O. 12958 1.4(b) and (d)


1. (C) Summary. Slovak FM Jan Kubis met Deputy Secretary of
Iran's Supreme National Security Council Nahavandian, on
September 4 in Bratislava. Nahavandian made clear that Iran
does not regard UNSCR 1669 as legally valid and confirmed
that Iran plans to continue with the development of a
peaceful nuclear program. Iran would consider suspension of
its program only in the context of an agreement for a wider
nuclear-free Middle East. Kubis reiterated Slovakia's support
for UNSCR 1669 including follow-on measures as called for by
the resolution. Slovak participants in the meeting told
poloff it was clear that Iran is trying to undermine western
unity on this issue, and to have the matter removed from the
UNSC and returned to the IAEA. Slovakia would support
sanctions targeted at the Iranian regime. End summary.

WHAT IRAN SAID
--------------

2. (C) Marcel Pesko, Director of the UN Department at the
Slovak MFA, and Karol Mistrik, Director of the Department for
OSCE and Disarmament, briefed representatives from the
British, Finnish, German and U.S. embassies on Kubis' meeting
with Nahavandian on September 8. Mistrik said the meeting did
not contain any surprises and presented the following summary
of Nahavandian's main points:

- Iran's nuclear program properly belongs before the IAEA and
not before the UNSC.
- Iran does not feel bound by UNSCR 1669, which it regards as
illegal.
- Iran's nuclear program is solely for peaceful purposes and
Iran has done nothing to feed suspicions that it may be
diverted to military applications.
- Iran will continue with the development of a peaceful
nuclear capability.
- Suspension of Iran's nuclear program is a non-starter.
Iran's executive is bound by a national law that requires
them to break off all cooperation with IAEA and the UN if
suspension of the program is a pre-condition.
- Iran would be willing to discuss suspension of its nuclear
program as part of an effort to establish a region-wide
nuclear-free zone.
- Iran may withdraw from the Nuclear Non-proliferation Treaty
if it is faced with follow-on measures that it regards as
illegally applied.
- Iran understands the EU's ongoing concerns about energy
security and is ready and willing to help the EU secure
energy resources, provided that the EU is willing to treat
Iran in a fair and equal way.

THE SLOVAK REACTION
--------------

3. (C) Kubis told Nahavandian that Slovakia fully supports
the E3 3 position, that the international community is united
in its insistence that Iran suspend its nuclear program, and
that Slovakia is willing to support follow-on measures as per
the final paragraph of UNSCR 1669.


4. (C) Both Mistrik and Pesko expressed amazement that Iran
could question the legality or binding force of UNSCR 1669,
and Pesko described Iran's linkage of its obligation to
suspend enrichment with the start of negotiations for a
region-wide nuclear-free zone as "a strange connection."
Pesko said he is certain that the UNSC has a firm legal basis
to impose follow-on remedies right now, but suggested that
what is lacking is a united political will, particularly in
Russia and China.

THE WAY FORWARD
--------------

5. (C) Pesko suggested that the most useful follow on
measures - if unanimously agreed to - would be sanctions that
targeted Iranian leaders and also inhibited the development
of Iran's nuclear program. As examples Pesko suggested travel
restrictions for higher leaders and targeted trade
restrictions. Pesko hopes that such measures can be agreed
upon by all concerned before the UNGA so that they can be
announced following a Ministerial-level meeting in New York.
Pesko cautioned, however, that a Ministerial-level meeting in
conjunction with UNGA would be to Iran's advantage if
definite follow-on measures were not pre-agreed.


6. (C) Mistrik said it was particularly important for the
U.S. to continue working to persuade Russia and China to join
a consensus for follow-on measures as per UNSCR 1669. Until
Russia and China have been persuaded to go along, Mistrik
feels that the public discussion of possible sanctions by the
U.S. is counter-productive, since it feeds the impression
that the international community is divisible on this issue.
Mistrik believes that - in terms of actually stopping Iran's

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nuclear program - unilaterally invoked measures would be
worse than no response at all.
SILVERMAN