Wikileaks Cablegate: Nuclear facility safeguards in India
Wikileaks Cablegate: Nuclear facility safeguards in India
The latest WikiLeaks expose of classified US documents include many with an India connection.

Cable 09UNVIEVIENNA540, STAFFDEL KESSLER EXAMINES IRAN, SYRIA, AND

Reference ID: 09UNVIEVIENNA540

Date: 2009-12-02 17:05

Classification: SECRET

Origin: UNVIE

VZCZCXRO5630

RR RUEHBC RUEHDE RUEHDIR RUEHKUK RUEHTRO

DE RUEHUNV #0540/01 3361717

ZNY SSSSS ZZH

R 021717Z DEC 09

FM USMISSION UNVIE VIENNA

TO RUEHC/SECSTATE WASHDC 0355

INFO RUCNIRA/IRAN COLLECTIVE

RUEHII/VIENNA IAEA POSTS COLLECTIVE

S E C R E T SECTION 01 OF 05 UNVIE VIENNA 000540

SIPDIS

FOR P, T, H, ISN, S/SANAC, IO, NEA, SCA, EAP

H PLS PASS STAFFDEL AS APPROPRIATE

DOE FOR S2 AND NA-20

NSC FOR SCHEINMAN, RYU, TALWAR

E.O. 12958: DECL: 12/01/2019

TAGS: PREL KNNP AORC IR SY KN IN

SUBJECT: STAFFDEL KESSLER EXAMINES IRAN, SYRIA, AND

MULTILATERAL VIENNA'S FRUSTRATING NAM DYNAMIC

REF: EMBASSY VIENNA 1450

Classified By: Mark Scheland, Counselor for Nuclear Policy; reasons 1.4

(b) and (d)

¶1. (S) Summary: HFAC staffers Richard Kessler and David Fite

received from IAEA Secretariat November 10 information on the

Iran case that tracked with the tone of the subsequent

Director General's reporting on Iran to the Board of

Governors. The STAFFDEL heard that contact with Iran over

"possible military dimensions" of the nuclear program was at

an "absolute stalemate." According to Safeguards regional

division director Herman Nackaerts, IAEA inspectors' first

visit to the enrichment facility under construction near Qom

had run predictably but without extraordinary responsiveness

on Iran's part; the Secretariat was still trying to

understand the motivation to build the plant as now designed.

Nackaerts described the frustrating limitations of Iran's

cooperation with the Agency, and the STAFFDEL deduced that

Iranian officials held back because they were uncertain about

what lines of inquiry the IAEA was best equipped to exploit.

Questioning then-DG ElBaradei's remark to media that the

Agency had found "nothing to worry about" in Qom, STAFFDEL

asked if the Secretariat would report on how it judged the

plant did or did not fit into Iran's publicly explained

nuclear program. Nackaerts expressed appreciation for the

precision and usefulness of U.S.-supplied information in the

Qom case and generally.

¶2. (C) Summary contd.: On Syria, Nackaerts said the

Secretariat had told Damascus its first explanation for the

presence of anthropogenic uranium at the Miniature Neutron

Source Reactor was not credible. Further, the Secretariat

still could not yet present the case for how what was being

built at Dair Alzour fit in as "part of a Syrian program or

part of someone else's program." On DPRK, IAEA/EXPO's Tariq

Rauf said the IAEA, when it could, would ultimately have to

"go back to the early 1990s" to reconstruct accountancy of

plutonium and could not accept a "political" compromise

setting material "off to the side." To get to a finding of

"no diversion" would take several years and extensive

resources and forensics.

¶3. (SBU) Contd.: Treating Technical Cooperation, the

STAFFDEL received the same briefing on the Safeguards

Department's project review process and internal database

that was provided to a GAO review team in 2008. IAEA

External Relations Director Rauf asserted, "We are not a

denial organization." STAFFDEL related how segments of the

GAO report had reduced Congressional confidence in the

efficiency of TC. U.S. national labs were afforded too

little time to review projects for our national

decision-making on their merit and proliferation risk.

Secretariat also described hindrances it faces in having UN

and national development officials recognize and integrate

nuclear applications.

¶4. (SBU) Contd.: The STAFFDEL also engaged P5-plus-1 heads

of mission over lunch on the means to draw or impel Iran to

open up on its nuclear program and on dynamics in Vienna

between blocs of Member States. End Summary.

Fordow/Qom and Iran PMD: Frustration,

but Good Support from the U.S.

-------------------------------------

¶5. (U) House Foreign Affairs Committee (HFAC) Majority Staff

Director Richard Kessler and Professional Staff Member David

Fite (STAFFDEL) spent ninety minutes with IAEA staff on

November 10. Principal issues were safeguards verification

in Iran and Syria, the screening of IAEA Technical

Cooperation (TC) projects for proliferation risk, and TC

Department efforts to improve project design and integration

into national and UN development activities. STAFFDEL

affirmed to Secretariat officials that the HFAC under

Chairman Berman: was strongly supportive of the IAEA; put

emphasis on counter-proliferation issues in countries of

concern (indeed, was weighing legislation to impose further

U.S. sanctions on Iran); had advocated an increase in NADR

funding for extrabudgetary contributions to the IAEA,

including for the Safeguards Analytical laboratory; and,

supported "getting the U.S. up to date" on payment of its

assessments to the IAEA's regular budget. Following the

meeting at the IAEA, STAFFDEL consulted Ambassador and

Mission staff and had a working lunch with P5-plus-1 heads of

mission focused on Iran and the dynamics of multilateral

UNVIE VIEN 00000540 002 OF 005

diplomacy in Vienna. STAFFDEL's UNVIE program followed a day

of consultations with Austrian officials (reftel).

¶6. (SBU) IAEA Safeguards Department Operations B (AOR

Mideast, South Asia, parts of Europe, the Americas, and all

nuclear weapons states) Director Herman Nackaerts briefed

STAFFDEL on the inspection he had led a few weeks before to

the recently disclosed Fordow Fuel Enrichment Plant near Qom

in Iran. Nackaerts said Iranian officials had been open to

allowing inspectors access. The Secretariat was still trying

to understand, he said, why Iran would build this facility,

scaled as it was for 3000 centrifuges in contrast to the much

large Natanz facility. It was positive, Nackaerts pointed

out, that Fordow was now under safeguards. He noted that the

IAEA had "at least two" safeguards inspectors at work in Iran

"every day of the year" and would henceforth plan to visit

Fordow regularly. Asked how "complete" the plant was or when

it would be operational, Nackaerts said, "The information we

got from Member States proved to be very precise" on this

point. Asked about permission to take samples at Fordow,

Nackaerts replied that Iranian officials had permitted the

inspectors to perform the same safeguards procedures they

typically undertook at Natanz.

¶7. (S) STAFFDEL asked if the Agency enjoyed full access to

the Arak IR-40 plant. Nackaerts related there had been no

access for a 12-month period but normal access in August and

October 2009. However, the Iranians "claim they cannot go

back on the decision of their parliament, and hence grant the

IAEA a "visit" but do not call it Design Information

Verification. On possible military dimensions (PMD),

Nackaerts said the Secretariat's approach was to follow lines

of inquiry that could involve use of nuclear material, for

example, the documents treating uranium metal or green salt.

The Iranians, he said in a tone conveying his skepticism,

asserted the uranium metal document was "mistakenly" included

in a packet of information they received from the AQ Khan

network but was nothing Iran had asked for or used. The

"green salt" documentation Iran dismissed as a forgery.

Indeed, Nackaerts went on, Iran replied basically on the form

of documents, not on their substance. The Secretariat had

not been "impressed" by the 117-page rejoinder Iran had

provided to the initial presentation of PMD documentation.

It had told Iran the information hung together too much for

it all to have bee fabricated and asked that, if some of the

documentation were "doctored," Iranian officials should show

the Secretariat "where the truth ends." Since August 2008,

(when Ahmadinejad personally shut off Nackaerts's previously

approved visit to workshops indicated in the documentation),

Nackaerts concluded, there remained a high-level decision not

to cooperate. STAFFDEL member Fite took from this that the

Iranians were holding back "because they don't know where any

opening will lead." Nackaerts agreed, saying they knew that

every question they answered would bring another question.

¶8. (S) Fite alluded to then-DG ElBaradei's remarks of a few

days before in U.S. media to the effect that the inspectors

had found "nothing to worry about" in Fordow. Acknowledging

the practical meaning of this remark -- that there were no

centrifuges or nuclear material present -- Fite nevertheless

regretted the headline and asked if the DG's formal report to

Board members (Note: subsequently released as GOV/2009/74,

deresticted by the Board November 27, and available to the

public at www.iaea.org) would deal with how Qom fits or does

not fit into Iran's explained nuclear program. Nackaerts

replied, "We will identify the issues we're working." He

went on that understanding the timeline of Fordow's

development was hindered by Iran's practice never to involve

people who really know the facts or the government's

intentions in discussion with the Agency. The officials with

whom inspectors meet clearly are "steered" by unseen

observers, who send notes to the Iranian interlocutors during

meetings. Iran recorded the meetings, he added, but did not

permit the IAEA to do so. Further, the Secretariat never

received original design documents, but ones produced for the

Secretariat that were technically true to the facilities they

found upon inspection. Against this Iranian practice,

Nackaerts added, the Secretariat received very precise

information from Member States that helped inspectors decide

what to ask about. The organization of this information was

good and, while the Agency was satisfied, it had inquired if

more information could be shared with the Agency, "not

necessarily for release to Iran," he said.

Syria Stalemate

UNVIE VIEN 00000540 003 OF 005

---------------

¶9. (SBU) The Syria case, Nackaerts said, was starting to

look like Iran in that the government provided "good

cooperation" on some areas but presented a "stalemate" on

others. The Secretariat challenged Syria's proposed

explanation for the presence of uranium at Dair Alzour/Al

Kibar (i.e., that Israeli depleted uranium munitions could be

the source), but the inquiry was at a roadblock. Syrian

officials had been told their first explanation for

anthropogenic uranium at the Miniature Neutron Source Reactor

(MNSR) was not credible, and the Agency had inquired what

nuclear material Syria could have had that was not previously

declared. Overall, the IAEA still "did not understand"

(meaning, it could not yet present the solid case for) how

Dair Alzour fit in as part of a Syrian nuclear program "or

part of someone else's program."

Return to DPRK?

Safeguards in India?

--------------------

¶10. (SBU) Asked how quickly IAEA inspectors could resume

work in North Korea if re-admitted by the government, Tariq

Rauf of IAEA External Relations and Policy Coordination

(EXPO) observed that the last resumption had taken a week

(for technical set-up, re-activation of cameras, etc.).

Safeguards Operations A division had a program set out for

what steps to undertake "under circumstances the DPRK may let

us back in." Rauf continued that the Agency would to go back

to the early 1990s' plutonium revelation to reconstruct

material accountancy. When most recently in the DPRK, the

IAEA had been monitoring facility shutdown processes but not

implementing NPT safeguards on DPRK material. The Agency

could "not accept" political compromises that would set some

nuclear material "off to the side". Then-DG ElBaradei had

called for implementation of the Additional Protocol in DPRK,

but even if Pyongyang cooperated fully it would take several

years and much in the way of resources and forensics to be

able to get to a finding of "no diversion."

¶11. (SBU) Asked about progress toward safeguards

implementation in India, Rauf confirmed the GOI had submitted

a "formal list" of facilities that was not a document the

Agency would characterize as a formal declaration under its

safeguards agreement. India was under no mandatory timeline

to make its declaration as it was not an NPT signatory.

(Comment: Rauf's characterization was flat wrong. Mission

had learned from the Safeguards Department three weeks before

this meeting that India had officially "notified" two new

facilities (Raps 5 and 6) under its 2008 safeguards

agreement, that surveillance systems had been installed, and

the facilities were under safeguards. End Comment.)

Scrutinizing and Promoting

IAEA Technical Cooperation

--------------------------

¶12. (U) Renaud Chatelus of the Safeguards Division of

Information Management (SGIM) acquainted STAFFDEL with IAEA

screening of Technical Cooperation (TC) projects for their

potential to afford access to sensitive technologies.

Grounded in a 1979 Agency Information Circular, INFCIRC/267,

the practice is to focus on projects related to enrichment,

heavy water production, reprocessing of spent fuel, and

plutonium or mixed oxide fuel. Chatelus said SGIM reviewed

projects submitted, project approved, individual procurement

actions, and overall implementation of projects. Reviews are

conducted completely in-house, he said in reply to a

question. Using the same PowerPoint slides that were

presented to a GAO review team in 2008, Chatelus illustrated

with screen shots from the Agency's staff access-only

database the system of flagging projects for: compliance with

INFCIRC 267, compliance with INFCIRC 540 (Additional

Protocol), transfer of "sensitive items" on the Nuclear

Suppliers Group or dual-use lists, general interest, or

possible relation to a safeguarded facility. In subsequent

discussion of the impact of screening and Member States'

sense of entitlement to TC, EXPO's Tariq Rauf affirmed, "We

are not a denial organization."

¶13. (U) STAFFDEL member Fite observed that segments of the

GAO report treating transfers to state sponsors of terrorism

as well as on program management had reduced Congressional

confidence about TC. Fite said he had approached

Appropriations staff about using a supplemental funding bill

UNVIE VIEN 00000540 004 OF 005

to resolve slow U.S. payment of assessments and do more for

the Agency, but was rebuffed because the GAO report on TC had

"poisoned the waters." Apart from political objections to

certain TC recipients benefitting from U.S. funding, he

added, a persisting "Achilles heel" was that U.S. national

labs were afforded too little time to review projects for our

national decision-making on their merit and proliferation

risk. TC Department representative Johannes Seybold replied

that the Agency aimed to provide Member States six weeks time

for review, but was also at the mercy of requesting states

providing the relevant project information. Just the

compendium of project titles and short descriptions became a

very thick document in each biennial cycle, Seybold went on,

and the Agency was "struggling" with some Member States'

national policies to be able to go beyond this level of

transparency.

¶14. (U) STAFFDEL's meeting with Secretariat officials

concluded in an exchange with Seybold, TC's section head for

strategy and partnerships, about the IAEA's awkward position

in development efforts coordinated by the UN or by developing

countries' national institutions. Seybold laid out the

following. The IAEA's cooperation with TC recipient states

occurs through National Liaison Officers, generally in the

atomic energy commission or government ministry responsible

for nuclear power or radiological sources. Generally,

neither the IAEA nor the corresponding national entity is a

participant in UN development team or host government

deliberations about development in the recipient country.

Two-thirds of TC projects address development issues for

which the IAEA is not the responsible lead agency in the UN

system, e.g., water quality and availability, food security,

climate. In many cases, national authorities and the UN team

responsible for these areas in a given country lack awareness

of IAEA capabilities, and/or they maintain a distance from

things "nuclear." Seybold related Agency efforts to

integrate with these authorities through the UNDAF (UN

Development Assistance Framework) process and other

partnering efforts. STAFFDEL expressed encouragement for

bringing nuclear applications to greater impact in the

development field.

P5-plus-1 Ambassadors Regret Iranian Paralysis

on TRR; Depict Grim Dynamic with G-77/NAM

--------------------------------------------- -

¶15. (C) STAFFDEL was the guests of honor at lunch hosted by

the Ambassador with his counterparts from China, Germany,

Russia, and the UK and the French Charge d'Affaires. Kessler

and Fite laid out HFAC's interest and Chairman Berman's

supportive posture toward the Agency, as they had for

Secretariat staff. Opening discussion of Iran, UK Ambassador

Simon Smith said the Iranian answer on the ElBaradei-brokered

deal on refueling the Tehran research reactor (TRR) "had to

be 'yes' or 'no,' not waffling" as it had been. German

Ambassador Ruediger Luedeking posited that the U.S.

Administration had confounded Iranian internal processes and

the latest EU3 proposal had "cornered" Iran. Agreeing that

Iran faced an imperative between "yes" and "no," Luedeking

observed, "they can't answer." HFAC Staff Director Kessler

noted the committee had tried to follow up a Larijani

approach conveyed one year before for a meeting with Chairman

Berman, but found that the Iranians backed off.

¶16. (C) Russian Ambassador Alexander Zmeyevskiy asserted

that confidentiality was a major concern for Iran. He noted

its TRR counter-proposals, either to keep its LEU on its

territory under IAEA safeguards until released in exchange

for fuel rods, or to swap outgoing LEU piecemeal for incoming

fuel assemblies. Moving beyond the TRR issue, UK Ambassador

said he was severely disappointed that Member States had been

unable to "apply consequences for the breaking of rules" of

the organization. We needed to convince some other Member

States, he continued, that tolerating rule breaking as on Qom

and Code 3.1 (of the Subsidiary Arrangement of Iran's

Safeguards Agreement) risked bringing the organization into

discredit. STAFFDEL member Fite asked if Iran's Arab

neighbors were among the problem interlocutors in Vienna; he

asserted that officials of Arabian Peninsula countries told

the Congress they see Iran as an "existential threat." While

they may seek the cover of international signals or sanctions

imposed by others, they say they do want action against Iran.

¶17. (C) Segueing from Iran to DPRK, Chinese Ambassador Hu

Xiaodi said the main difference between the cases was that

progress with DPRK had been achieved when the North Koreans

UNVIE VIEN 00000540 005 OF 005

wanted something specific, whereas he (Hu) had never heard

Iranian officials say that they wanted a settlement, or that

they wanted anything specific. Although we did not at

present know "how" to reach a deal with Iran, Hu concluded,

we were not in the worst situation, in which Iran explicitly

does want something -- nuclear weapons. Asked if he

genuinely thought the DPRK would give up its weapons program

for aid, Hu said "hope" (as opposed to "think.") Ambassador

Davies seriously questioned that Pyongyang would give up a

weapons capability in exchange for a significant material

improvement in our relations, as the government would likely

calculate it had been its possession of weapons that won the

concessions.

¶18. (SBU) Ambassador turned the discussion to the dynamic

between groups of Member States, as illustrated in the

ongoing discussion of a Technical Cooperation project to

advance IAEA use of "results based management." The German

Ambassador observed that NAM positions on many issues were

characterized by "myths" and they were clearly being dictated

by Iran and Egypt. Ambassador Davies asked if the dynamic

was further charged by states beginning to suspect that the

U.S. seriously intends to strengthen the Agency in all its

functions -- with the uncertain shifts in practice and

distribution of resources and clout that could mean.

STAFFDEL lead Kessler said the Congressional perception was

one of a "lightning change" from the last Administration to

the present one in U.S. approaches to the IAEA, to

development assistance globally, and to multilateralism.

German Ambassador agreed and said this was a complication for

NAM states that know they are the immobile ones now. Yet, TC

was a "sacred cow" and the NAM's impulse was to reject

"illegitimate intrusion" into its distribution.

¶19. (SBU) French Charge Philippe Merlin discouraged STAFFDEL

from expecting diplomatic gains, say in the NPT review,

through greater generosity on IAEA peaceful use programs.

"TC is the price we pay," he said, for developing countries'

acquiescence toward the safeguards regime, the thing we

really want. Fite asked if a reasoned discussion with

development officials in capitals about making TC deliver

more impact could translate into different instructions to

the obstreperous missions in Vienna. German Ambassador took

the view that any effort to change TC would be seen in

capitals as "per se bad." It was more advisable to advocate

to NAM states what their own interests in the safeguards

regime were. UK Ambassador agreed there were no points to be

scored by asking NAM capitals about TC effectiveness; he

added that the UK Government "doesn't give two hoots" about

TC, given the small funding level (from the UK Energy

Ministry) in comparison to Britain's official development

assistance. TC was, also in the UK view, the price we pay

for the IAEA we want.

¶20. (U) STAFFDEL did not review this report.

DAVIES

Reproduced from cablegate.wikileaks.org


List of India-related documents from the first batch of 226 documents released by WikiLeaks

(India-specific portions highlighted in bold)

- To avoid hurting Pakistan, Turkey didn't invite India

- Bahrain's King Hamad on India's role in Afghanistan

- UN Security Council expansion and India

- Indo-Pak relations and Musharraf

- Pakistan's obsession with India

- India critical of sanctions on Iran

- Saudi Arabia expanding relations with India

- 'Little to fear about India having nuclear weapons'

- Iran could follow India's path in going nuclear

- Differing opinions of US and India

- India benefitting from international security

- Fissile Material Cutoff Treaty and India

- Nuclear facility safeguards in India

- Israel-India strategic partnership

- Non-proliferation and India

- Indo-US trade relations and foreign aid

- Sanctions and German business interests in India

- Some Indian-origin people supplying equipment to Iran

- Germany on US-EU position towards India

- Israeli relations with India

- Reliance Industries oil and gas exploration

- US-Indian economic cooperation and Indo-Pak relations

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