Iran Special Collection
Iran Treaty and Regime Issues
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IAEA Report:
The IAEA report was prepared as a result of a series of visits to Iran by Dr.
ElBaradei and other senior IAEA officials following allegations that Iran is
completing two
secret nuclear facilities
-- a uranium enrichment facility at Natanz and a heavy water production
plant near Arak. The main source of concern in the IAEA report is "the number of
failures by Iran to report the material, facilities and activities in question
in a timely manner as it is obliged to do pursuant to its Safeguards Agreement."
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Statement
by IAEA Board of Governors Chair: The Board of Governors Chairperson, Ambassador
Nabeela Al-Mulla from Kuwait referred to the findings of the IAEA
report
on Iran in her
summary
of the meeting, thereby reflecting the Board's concern about the "number of
Iran's past failures to report material, facilities and activities as required
by its safeguards obligations." Significantly, the Chairperson recognized that
the Board noted Iranian actions taken thus far to correct these failures, and
urged Iran to promptly rectify all safeguards problems identified in the report
and resolve questions that remain open. She also said that the Board "welcomed
Iran's reaffirmed commitment to full transparency and expected Iran to grant the
Agency all access deemed necessary by the Agency in order to create the
necessary confidence in the international community."
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NPT:
The nuclear Non-Proliferation Treaty (NPT) embodies the international
community's efforts to prevent the further spread of nuclear weapons and
its aspirations for global disarmament. The treaty also facilitates cooperation
in the peaceful uses of nuclear energy under International Atomic Energy Agency
(IAEA) safeguards. For these reasons, the NPT is generally recognized as the
foundation of the international nuclear nonproliferation regime. The treaty
entails commitments by both nuclear-weapon states (China, France, Russian
Federation, United Kingdom and the United States) and non-nuclear-weapon states
(states who pledged not to acquire or develop nuclear weapons).
Article III
of the treaty requires all non-nuclear weapons states party to the treaty to
place all nuclear materials in all peaceful nuclear activities within the
territory of such states under IAEA safeguards in accordance with agreements
with the IAEA. Such agreements are to be concluded with the IAEA, individually
or together with other states, and enter into force within 18 months after a
state's accession to the treaty.
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IAEA: The IAEA
is responsible for verification of compliance with nonproliferation obligations
of the states parties to the nuclear Non-Proliferation Treaty (NPT) through the
application of safeguards. The Agency is entrusted to conduct independent
inspections of all nuclear material and facilities subject to safeguards
agreements in order to verify compliance with the NPT and other
non-proliferation commitments. The IAEA Board of Governors is responsible for
approving safeguards procedures and safeguards agreements, and for the general
supervision of the Agency's safeguards activities. In case of
non-compliance with safeguards, the Board of Governors of the IAEA is to call
upon the violator to remedy such non-compliance and to report the non-compliance
to the UN Security Council and General Assembly.
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IAEA Safeguards:
All non-nuclear weapon states (NNWS) parties to the NPT are obliged by the
treaty to conclude comprehensive safeguard agreements with the Agency.
Safeguards agreements are concluded on the basis of a document entitled
"The Structure and Content of Agreements between the Agency and States
Required in Connection with the Treaty on Non-Proliferation of Nuclear
Weapons" (INFCIRC/153). The safeguards system is a set of legal
agreements between states and the IAEA pursuant to the commitments made in
binding nonproliferation agreements, including the NPT and regional agreements
such nuclear-weapon-free-zone treaties, by which the IAEA seeks to verify that
a state is not using nuclear material or equipment to develop or produce nuclear
weapons. Most are known as "full scope" or
"comprehensive" agreements because they extend to all peaceful
nuclear activities and nuclear material in a state. Under safeguards
agreements, IAEA inspectors regularly visit nuclear facilities to verify records
that state authorities keep on the whereabouts of nuclear material under their
control, to check IAEA-installed instruments and surveillance equipment, and to
confirm physical inventories of nuclear material. These and other safeguard
measures provide independent, international verification that governments are
abiding by their commitments with respect to the peaceful use of nuclear
technology. A precondition for implementing safeguards in states is a formal
agreement with the state in which the inspection is to occur. Since the IAEA is
not a supranational organization with powers to impose its inspection on any
state, acceptance of safeguards is a voluntary act. As of June 2003, of the 183
NNWS parties to the NPT, 135 parties have NPT safeguards
agreements in force with the IAEA. Forty-eight states have yet to fulfill their legal
obligations to bring such an agreement into force.
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Additional Protocol:
An additional protocol is a voluntary additional agreement to provide a comprehensive picture of a
state's nuclear and nuclear-related activities, including nuclear-related
imports and exports. It requires a state to provide access to any place on a
nuclear site and to other locations where nuclear material is, or may be
present. The state is required to provide access to all locations that are, or
could be, engaged in activities related to the nuclear fuel cycle and, in cases
where such access may not be possible, to make every reasonable effort satisfy
Agency requirements without delay through other means. The essence of the
additional protocol is to reshape the IAEA's safeguards regime from a
quantitative system focused on accounting for known quantities of materials and
monitoring declared activities to a qualitative system gathering a comprehensive
picture of a state's nuclear and nuclear-related activities, including
nuclear-related imports and exports. The additional protocol also substantially
expands the IAEA's ability to check for clandestine nuclear facilities by
providing the Agency with authority to visit any
facility -- declared or
not -- to investigate questions or
inconsistencies in a state's nuclear declarations. While 73 states have
signed the additional protocol, only 35 of those states have to date brought the
protocol into force.
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