Assessing
the JPCOA: Implications for U.S. Policy and the Regional Military Balance
Testimony
before the Senate Foreign Relations Committee and Armed Services Committee
Michael Singh
August 5, 2015
Nuclear
weapons development requires three lines of action -- fuel fabrication,
weaponization, and development of a delivery vehicle. It also presumably
requires secrecy, since being caught at the task would entail risk of a military
response.
When it comes to fuel fabrication, the nuclear agreement leaves Iran in
possession of a full nuclear supply chain from uranium mining to enrichment, and
also leaves in place the heavy water reactor at Arak. These are subject to
various temporary restrictions -- Iran agrees to cap the number and type of
centrifuges installed, the level to which it enriches, and the amount of
low-enriched uranium it stockpiles, and converts its heavy water reactor at Arak
to avoid producing weapons-grade plutonium. It also agrees not to build new
enrichment, heavy water, and reprocessing facilities.
Two points stand out as most concerning, however: Iran is permitted to continue
research and development on advanced centrifuges and to begin deploying such
centrifuges after just eight and a half years. Because such centrifuges are
designed to enrich uranium much more efficiently than Iran's existing
"IR-1" centrifuges, they are far better suited to a covert
weapons-development effort -- far fewer of them, operating for less time, would
be required to produce weapons-grade fuel. Second, the restrictions described
above phase out ten to fifteen years from now, meaning that at that time Iran
would face few technical impediments to reducing its breakout time
substantially.
When it comes to weaponization, the agreement commits Iran not to "engage
in activities, including at the R&D level, which could contribute to the
development of a nuclear explosive device." But the question is how Iran's
adherence to this commitment can be verified, especially since such activities
tend to be secretive by their very nature. Indeed, International Atomic Energy
Agency (IAEA) reporting suggests that Iran has already engaged in various
"activities related to the development of a nuclear explosive device,"
part of what the IAEA terms the "possible military dimensions" (PMD)
of Iran's nuclear program.
Many analysts have urged that Iran be required as part of any agreement to
disclose the extent of its past (and possibly ongoing) weaponization and other
clandestine nuclear efforts so that inspectors understand what progress Iran
made, and provide the IAEA with the necessary access to ensure that such efforts
are not resumed. The agreement does not appear to meet these criteria. It does
not specify that inspectors must be given access to weapons-related sites and
personnel, or that full disclosure of past weaponization and other clandestine
nuclear work is required for the agreement's implementation to proceed. Without
such provisions, I do not believe we can have confidence that Iran's work on
nuclear weapons will not be resumed (perhaps by elements of Iran's security
apparatus, and perhaps even without the knowledge of the civilian officials with
whom inspectors interact) or even that it has ceased.
In the area of delivery vehicles, the agreement contains no limitations
whatsoever as far as I can tell. Iran is not required to limit its ballistic
missile development and testing, nor does the list of "activities which
could contribute to the design and development of a nuclear explosive
device" from which Iran agrees to refrain in Annex I of the agreement
include any mention of missile reentry vehicles, despite their inclusion in the
IAEA's accounting of PMD. Indeed, the binding ban on Iran "undertak[ing]
any activity related to ballistic missiles capable of delivering nuclear
weapons, including launches using ballistic missile technology" contained
in UN Security Council Resolution 1929, is replaced with nonbinding, hortatory
language in UN Security Council Resolution 2231.
The effect of this shift is that as of "Implementation Day" of the
nuclear accord, Iran will not be barred from conducting ballistic missile
launches or pursuing nuclear-capable ballistic missiles, which are an essential
part of any modern nuclear weapons program. This concern has even been voiced in
the past by Russian officials. In 2008, following a failed Iranian missile test,
then-Deputy Foreign Minister Aleksandr Losyukov said the test added "to
general suspicions of Iran regarding its potential desire to build nuclear
weapons." When sanctions on Iran's ballistic missile program are lifted in
eight years, it will also be able to receive foreign assistance, which has been
described in the past by U.S. officials as essential to its ability to produce
intercontinental ballistic missiles (ICBMs). While some U.S. secondary sanctions
on missile cooperation with Iran will remain in place, these are insufficiently
robust to deter Iran's likely partners.
Taken together, these weaknesses suggest that the agreement will permit Iran to
retain the option to build a nuclear weapon in the future. Indeed, the agreement
could be seen as a means by which Iran buys time to perfect, in some cases with
international assistance, the technologies -- advanced centrifuges,
weaponization, and long-range ballistic missiles -- required to build a nuclear
weapon in the future. In my view, this is not by accident -- Iran's
"redlines" seem to have been designed to shape this outcome, implying
again that Iran's purpose in the talks has been to obtain sanctions relief while
retaining or even improving its nuclear weapons capability.
The strength of the agreement must instead rest, then, on our ability to detect
and deter any such weapons-development effort, whether covert or overt.
Unfortunately, the inspection mechanism in the accord does not appear up to this
task. While robust monitoring will be in place at declared sites, the U.S.
intelligence community assessed in 2007 that Iran "probably would use
covert facilities -- rather than its declared nuclear sites -- for the
production of highly-enriched uranium for a weapon." The agreement does
not, however, permit inspectors anything approaching unfettered access to
suspect sites...