IAEA/IRAN: NEW VIOLATIONS?

C O N F I D E N T I A L UNVIE VIENNA 000305

SIPDIS

DEPT FOR L, IO/T, ISN/RA

E.O. 12958: DECL: 05/27/2018
TAGS: AORC PARM KNPP IAEA IR
SUBJECT: IAEA/IRAN: NEW VIOLATIONS?

REF: UNVIE 303

Classified By: Ambassador Gregory L. Schulte for
reasons 1.4 b,d,h


1. (C) Action request: The Director General's May 26 report
on Iran (GOV/2008/1) cites two potential violations by Iran
of its international obligations. Mission requests a legal
opinion by May 30th as to whether these two instances can be
deemed "new" violations by Iran of its Safeguards Agreement
and/or UNSC obligations.


2. (C) The first potential violation noted in Para 11 of the
DG's report regards Iran's failure to provide early design
information for additional centrifuges at the Fuel Enrichment
Plant (FEP) and Pilot Fuel Enrichment Plant at Natanz. Para
11 of report states: "These changes are significant and as
such should have been communicated to the Agency, in
accordance with Code 3.1 of the Subsidiary Arrangements
General Part, sixty days before the modifications were
scheduled to be completed." Is Iran's failure to do so,
thus, a new violation of revised Code 3.1? UNSCR 1803 refers
to Code 3.1 in both preambular and operative language. PP5
emphasizes that Code 3.1 cannot be suspended or unilaterally
modified. OP 1 underlines that the IAEA has sought
confirmation that Iran will apply Code 3.1 modified. If this
new instance is a further violation of Code 3.1, could it
also be considered a violation of UNSCR 1803?


3. (C) The second potential new violation noted in Para 13
of the DG's report concerns Iran's failure to allow, "as a
transparency measure," IAEA access to additional locations
related to inter alia, centrifuge manufacture, uranium
enrichment R&D and uranium mining/milling. Could this
failure be considered a violation of 1737 OP8, which
stipulates: "Decides that Iran shall provide such access and
cooperation as the IAEA requests to be able to verify
suspension...and to resolve all outstanding issues as
identified in IAEA reports..."? UNSCRs 1737, 1747 and 1803
also affirm/reaffirm that Iran shall take steps required by
the Board of Governors, which include implementation of
transparency measures. IAEA Board resolution GOV/2006/14 OP
1 specifies that transparency measures include access to
"certain military-owned workshops and research and
development as the Agency may request in support of its
ongoing investigations." Is Iran's failure to implement
transparency measures, thus a violation of these UNSCRs?


4. (C) If these are judged to be new violations, we would
like to state this in our Board consultations and believe
they should be included in our Board statement.
SCHULTE