IRAQ-WMD-RESTRICTIONS: DISCUSSING HOW VIENNA COULD

UNCLAS UNVIE VIENNA 000166

SENSITIVE
SIPDIS

ISN/RA FOR DANIEL; NEA/I FOR NOTAR, KENNA; L FOR MITCHELL,
HIRSCH; BAGHDAD FOR FINGARSON, AHN, SWINEY

E.O. 12958: N/A
TAGS: AORC IAEA IZ KNNP
SUBJECT: IRAQ-WMD-RESTRICTIONS: DISCUSSING HOW VIENNA COULD
ASSIST U.S. EFFORTS TO ENCOURAGE UN SECURITY COUNCIL TO
LIFT RESTRICTIONS

REF: 08 SECSTATE 95569


1. (SBU) Summary: Ambassador Schulte met with Embassy
Baghdad and Washington ISN/RA, NEA/I, and L/NPV on April 1
over Secure VTC to discuss WMD-related UN Chapter VII
Resolutions on Iraq. Ambassador Schulte noted that the U.S.
Mission to International Organizations in Vienna is willing
to assist in the process of lifting WMD restrictions on Iraq,
given our expertise and contacts in nuclear safeguards,
safety, security and export controls. Pol-Mil Minister
Counselor in Baghdad welcomed the offer and noted the
importance of the issue to the United States, as well as
Iraq. All agreed to coordinate future efforts pursuant to
Washington guidance. End Summary.

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UNVIE Offers Assistance
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2. (SBU) Ambassador Schulte began the meeting by offering
Washington and Baghdad support from Vienna in helping to lift
WMD Chapter VII restrictions on Iraq. (Note: This is a part
of a broader ongoing effort in Washington and Embassy Baghdad
to implement the provisions of the U.S.-Government of Iraq
(GOI) Security Agreement addressing the application of
Chapter VII restrictions pertaining to Iraq). In light of
Mission contacts with organizations associated with various
non-proliferation regimes and at the Iraqi Embassy, Mission
is seeking how best it can assist the effort to move forward
with urging the UN Security Council to lift restrictions with
respect to Iraq. Embassy Baghdad Minister Counselor Michael
Corbin noted that lifting WMD restrictions is a priority for
Mission Iraq, per guidance from Washington. MinCouns Corbin
added that Iraq was highly motivated in this area and the end
goal would be positive for Iraq.


3. (SBU) Baghdad EmbOff Tim Fingarson provided an overview
of Iraq's engagement towards lifting WMD-related
restrictions. The Iraqi National Monitoring Directorate
(INMD) is the Embassy's primary interlocutor on these issues.
INMD is under the Ministry of Science and Technology,
although it will soon become independent. According to
Fingarson, Iraq faces internal difficulties in interagency
and inter-ministerial coordination, which slow our efforts to
assist them. The INMD is working to overcome these
difficulties, and has so far successfully managed to accede
to the CW convention, with assistance from Embassy Baghdad,
the Department, and the Department of Defense.


4. (SBU) According to EmbOff Fingarson, the INMD has drafted
a comprehensive non-proliferation law which it hopes the
Iraqi Council of Representatives will pass this year,
although Iraq has already committed to the principles of
non-proliferation in the constitution adopted in 2005.

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International Non-Proliferation Norms
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5. (SBU) EmbOff Fingarson reviewed a number of agreements
and conventions, outlined in reftel that would establish
international confidence in Iraq's civil nuclear plans. All
of the agreements and conventions discussed below are
relevant to UNVIE's work.

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Nuclear Safeguards
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6. (SBU) Iraq has a Comprehensive Safeguards Agreement (CSA)
(INFCIRC/172, 22 February 1973) and signed the Additional
Protocol (AP) to its CSA on October 9, 2008. The AP is not
yet in force. The IAEA awaits written confirmation from Iraq
that its domestic requirements for entry into force have been
met, and therefore the action rests with Iraq.


7. (SBU) Ted Hirsch from the Office of the Legal Adviser
(L/NPV) advised that UNSCR 707 requires that Iraq halt all
nuclear activities of any kind, except for use of isotopes
for medical, agricultural or industrial purposes, including
civil activities, and that this restriction will remain in
place until: (1) the IAEA determines that Iraq is in full
compliance with its safeguards agreement, and (2) the
Security Council determines that Iraq is in full compliance
with paragraphs 12 and 13 of UNSCR 687. (Comment: Paragraphs
12 and 13 of UNSCR 687 require Iraq unconditionally to agree



not to acquire or develop nuclear weapons or weapon-grade
material, or any subsystems, components, or any research and
development, support or manufacturing facilities for
producing weapons or weapon-grade material, and to permit the
destruction, removal or rendering harmless of these items.
In addition, Iraq must permit immediate on-site inspections
to verify its compliance with the above).


8. (SBU) (Comment: On April 3, Herman Nackaerts, Director of
IAEA Safeguards Operations B, told Msnoff that Iraq is
already considered to be in compliance with its safeguards
agreement and that the IAEA's legal department could formally
inform the United States of this if it received a letter
requesting Iraq's status. Nackaerts added that Iraq no
longer has nuclear material that triggers annual Physical
Inventory Verification (PIV) with the removal of the 550 tons
of yellowcake in 2008. The last PIV took place in November
2007, prior to the removal of the yellowcake. Safeguards
Operations B is in charge of nuclear safeguards in Iraq and
the entire Middle East within the Safeguards Department. End
Comment.)

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Export Controls
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9. (SBU) With respect to export controls, reftel recommends
that Iraq should develop and implement export controls and
practices in line with internationally recognized regimes
such as the Missile Technology Control Regime, Australia
Group, Nuclear Suppliers Group, and Wassenaar Arrangement
(WA),per reftel. UNVIE cannot speak to what steps Iraq may
have taken to establish export/import authorities but notes
that Iraq does not participate in Nuclear Suppliers Group or
adhere to its guidelines and is not a participating state in
the Wassenaar Arrangement. EmbOff Fingarson noted that the
INMD is the import/export authority for Iraq and that the
Wassenaar Arrangement is covered under CPA orders and other
domestic legislation.

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Nuclear Safety
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10. (SBU) With respect to nuclear safety, reftel recommends
that Iraq accede to the Joint Convention on the Safety of
Spent Fuel Management and on the Safety of Radioactive Waste
Management, adhere to the Code of Conduct for Safety and
Security for Radioactive Sources, and ratify the Convention
on Supplementary Compensation for Nuclear Damage (CSC).
UNVIE noted that Iraq does not currently adhere to or comply
with the above safety conventions. To do so, Iraq would need
to deposit with the IAEA its instrument of accession to the
Joint Convention and its instrument of ratification of the
CSC, and send a letter to the IAEA Director General
indicating its intent to adhere to the Code of Conduct.
Embassy Baghdad ESTH Officer Roy Therrien highlighted the
Department of State project to clean-up the Tuwaitha site,
and asked whether the IAEA could be more involved. (Comment:
UNVIE's NRC representative notes that the IAEA is a
participant in this project and if there is interest from
Washington in increasing IAEA participation that UNVIE would
be happy to facilitate. End comment.)


11. (SBU) EmbOff Fingarson noted that the IAEA and the U.S.
have provided considerable assistance to Iraq to establish a
regulatory authority for sealed sources known as IRSRA, the
Iraq Radioactive Source Regulatory Authority. Mission
expects that the IAEA, along with the U.S., will continue to
be involved to ensure the success of IRSRA, such as through
training, assisting in identifying qualified people, and
funding of IAEA assistance projects.

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Other Non-Proliferation Regimes
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12. (SBU) Other recommendations from reftel include Iraq
subscribing to the International Code of Conduct Against
Ballistic Missile Proliferation (Hague Code of Conduct),
becoming a partner in the Global Initiative to Combat Nuclear
Terrorism, and committing to rely on existing international
markets for nuclear fuel services if Iraq chooses to pursue
civilian nuclear power. The Hague Code of Conduct and the
Global Initiative were not discussed during the VTC, although
Mission notes that Iraq is not a participating state in


either arrangement. Mission understands from Embassy Baghdad
that Iraq's participation in the Hague Code of Conduct is in
process.


13. (SBU) Iraq's commitment to rely on existing
international markets for nuclear fuel services was discussed
during the SVTC. Embassy Baghdad clarified that, despite
expressions of interest reported in the press, Iraq has no
concrete plans to build nuclear power plants.


14. (SBU) Ambassador Schulte asked whether a 123-type
agreement would be useful in the process of lifting the UNSC
Chapter VII restrictions. ISN clarified that a 123-Agreement
with Iraq is not a requirement for lifting UNSC Chapter VII
restrictions, but would be needed before any significant
nuclear cooperation with Iraq.

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Education Needed
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15. (SBU) Embassy Baghdad and Washington participants both
stressed the importance of educating relevant Iraqi officials
on the restrictions in place and the actions Iraq needs to
take to remove them. EmbOff Fingarson illustrated the point
that Iraq may require some education on the UN restrictions,
noting that the INMD believes that UNSCR 707 prohibits IAEA
Technical Cooperation (TC) for Iraq. (Comment: UNVIE
subsequently confirmed that Iraq is not excluded from TC. In
fact, Iraq participates in regional and inter-regional TC
projects and has national projects on the books, but the
security situation makes the national projects difficult to
implement. End Comment.) Ambassador Schulte indicated that
the Mission is willing to facilitate video teleconferences
between Iraqi officials and various organizations in Vienna,
such as the IAEA, to increase the Iraqi Government's
knowledge of the various nonproliferation regimes, if this is
useful in our efforts.


16. (SBU) MAJ Won Kim, MNF-I, noted that the Wassenaar
Arrangement (WA) has information on International Best
Practices on export controls. UNVIE had previously confirmed
with the WA Secretariat that no Iraqi representative has
contacted the WA Secretariat directly. The WA Head of
Secretariat strongly prefers interested countries to send
queries directly to the Secretariat rather than via third
countries. Therefore, UNVIE recommends that Embassy Baghdad
urge the Iraqi government to instruct its Ambassador in
Vienna to contact the WA Secretariat to request, for example,
information on best practices. Commencing a direct dialogue
early on with the WA Secretariat would have the additional
advantage of creating a "track record" for Iraq and thus
provide other Participating States with a better
understanding of Iraq's interest in the Arrangement. Mission
suggests the education include information on what Iraq would
gain by joining supplier arrangements, i.e, WA, NSG, MTCR,
Australia Group, to which it does not currently belong.


17. (SBU) MAJ Kim also noted during the VTC that the INMD,
on April 29, will host ministry officials and key
decision-makers to review Iraq's responsibilities under
international nonproliferation treaties and conventions.
Mission will work with Embassy Baghdad to determine if we can
provide support in the form of background information for the
upcoming meeting.

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Next Steps
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18. (SBU) State Iraq desk (Susan Notar, NEA/I/PM) and
nonproliferation bureau (Jody Daniel, ISN/RA) indicated that,
consistent with the U.S. commitment to the GOI in the
Security Agreement to help Iraq regain the legal and
international standing that it held before the adoption of
UNSCR 661 (1990),an interagency review is ongoing to develop
a plan to work with the UN Security Council to help Iraq in
ending the application of Chapter VII restrictions, including
WMD restrictions. Notar indicated that it was her
understanding that pursuant to UNSCR 1859, the UN is
consulting with Iraq and gathering information to prepare a
report on the issue, but that a draft was forthcoming.


19. (SBU) Ambassador Schulte welcomed further direction from
Washington on how UNVIE might assist in USG effort to lift
the UNSC Chapter VII restrictions related to WMD. Mission


will contact NSG to determine if Iraq has been in contact.
On the Joint Convention on the Safety of Spent Fuel
Management, Mission will help determine what advice could be
provided to Iraq in the area of safety, in conjunction with
Washington. Mission will also work with Embassy Baghdad to
provide background materials for the April 29 meeting
mentioned in para 16 above.
SCHULTE