Sanctions and the Fate of
the Nuclear Talks
By Gareth Porter
March 27, 2015 "ICH"
- "MEE"
- With the agreed deadline for reaching a
“political framework” for a final
comprehensive nuclear agreement only a few
days away, the fate of the negotiations now
hang on closing the gap between the P5+1 and
Iran on removing sanctions.
The issues associated with
Iran’s nuclear programme have now been
pretty much resolved, except for limits on
research and development. But on sanctions
relief, all the evidence indicates that the
two sides have not advanced beyond where
they were last November, when they were very
far apart.
Part of the problem is the
West’s myopic perspective on the issues. The
Obama administration clings to the belief
that the only reason Iran is negotiating is
that it was so seriously hurt by the
sanctions. It fails to grasp the depth of
Iranian commitment to removing the sanctions
as a matter of national pride as well as to
be able to achieve a higher level of
economic development.
In fact, Iranian national
security strategists have been scheming for
two decades about how to accumulate enough
bargaining chips to induce the United States
to negotiate an end to the sanctions imposed
during the Clinton administration. An
independent Iranian analyst told me some
years ago that senior Iranian national
security officials had been saying in
private conversations from 2003 to 2005 that
they viewed Iran’s future stockpile of
enriched uranium as bargaining chips for the
eventual negotiations with the United
States.
Iranian negotiators are
not about to give up its main bargaining
chips now without freeing themselves from
the burden of those sanctions. But the
United States and its allies have made no
effort to hide the fact that they intend to
maintain the “sanctions architecture” in
place for many years after the
implementation of the agreement has begun.
Last November,
administration officials
explained that US sanctions would only
be removed after the International Atomic
Energy Agency had verified that “Tehran is
abiding by the terms of a deal over an
extended period of time” in order to
“maintain leverage on Iran to honour the
accord”.
In adopting that policy,
the Obama administration is following
precisely the course outlined by Mark
Dubowitz, the executive director of the
Foundation for the Defence of Democracies
(FDD), the neoconservative think tank whose
outputs align completely with Israeli
interests. Dubowitz was the architect of the
sanctions against Iran passed by Congress in
late 2011 and strongly
influenced the administration’s sanctions
policy for the entire Joint Plan of
Action period. Dubowitz called in a
June 2014 paper for “careful sequencing
of sanctions relief tied to Iran meeting its
obligations under the agreement” and for
suspension of only those sanctions that
could be quickly “snapped back” as part of
sanctions relief.
Officials in the coalition
sounded very much like Dubowitz in
explaining the P5+1 position in the
current round of talks as “insisting that
sanctions will only be suspended, not
lifted,” so they can be “snapped back” in
case of Iranian violations, and the
suspensions sequenced over a number of
years.
US officials
justify spreading sanctions relief over many
years by arguing that the “milestones”
to which they would be linked, such as the
“dismantling of certain nuclear facilities,”
would take a long time to “implement and
verify”. The problem with that argument,
however, is that Iran has not agreed to
“dismantle” any nuclear facility, and the
reduction in the number of centrifuges as
well as most other commitments they are
undertaking would take at most months, not
years. That fact would argue for the bulk of
sanctions relief coming early in the
implementation of the agreement.
The US-led coalition is
also proposing to suspend, rather than
terminate, the oil and gas sanctions that
were adopted by the European Union by
arguing that once sanctions are terminated,
it would be much more difficult to re-impose
them.
But when that same
rationale for refusing to end sanctions in
the context of an agreement with Iran was
first employed by Obama administration
officials in 2012, both Paul Pillar, the
former US national intelligence officer for
the Near East and South Asia, and Peter
Jenkins, the British permanent
representative to the IAEA,
argued strongly that it would actually
be easier to re-impose sanctions than it was
to get multilateral agreement in the first
place.
According to a European
source briefed by a P5+1 diplomat involved
in the discussion of the issue a few weeks
ago, the coalition was planning to offer to
unfreeze overseas assets worth $100 billion
that have been unavailable to Iran because
of the banking sanctions as its primary
sanctions relief, and to do so early in the
process. That sounds like a tempting offer,
but the cost to Iran of accepting it would
be very high. It would mean that Iran is
accepting the maintenance of the “sanctions
architecture” in place.
What Iran fears in
accepting such a deal is that with the
sanctions regime still in place, potential
foreign investors would continue to stay
away from Iran because of the fear of US
extraterritorial sanctions against them. As
a senior Iranian official
told the International Crisis Group’s Ali
Vaez last December, “[A]s long as the
sanction architecture is intact, so is the
chilling effect [on foreign investors].“ In
other words, Iran will never be free of the
pressure from the United States exerted
through pressure on foreign businesses and
banks until the sanctions laws themselves
are terminated.
Further casting suspicion
on the P5+1 position on sanctions is the
suggestion that sanctions relief would
depend on judgments about whether Iran has
complied with its commitments under the
agreement to be made by the IAEA. That
agency - once an independent and politically
neutral party in the politics of nuclear
proliferation - has been acting as an arm of
US policy for the past several years. This
has been keeping Iran under suspicion on the
basis of intelligence documents provided by
Israel that have never been authenticated
and show many
indications of having been fabricated.
Even worse, the Obama
administration and its allies have been
saying that sanctions relief would be held
up until Iran satisfies the IAEA in regard
to those highly questionable alleged Iranian
documents and until the agency is satisfied
that there are no undeclared sites or
nuclear material in Iran. The
IAEA has indicated to the International
Crisis group that the latter could take up
to 10 years. In other words, lifting
sanctions could be denied on the basis of a
politicised investigation that is clearly
already stacked against Iran.
Iran is well aware that
accepting the superficially tempting offer
of upfront access to cash does nothing to
solve its sanctions problem. Although they
are not rejecting the idea of suspension of
certain sanctions under certain
circumstances, the
Iranians insist that any irreversible
concessions by Iran must be “reciprocated
with termination of sanctions”.
So a political framework
is possible in the coming days, perhaps in
the form of principles that have been agreed
to on both enrichment capabilities and on
sanctions relief. But the Obama
administration won’t get the signed
agreement
that it is seeking with the quantitative
limits to which Iran has agreed if a
detailed agreement on lifting sanctions has
not reached as well. And that won’t happen
unless the P5+1 makes an extraordinary
climb-down from its starting position on the
issue.
- Gareth
Porter is an independent
investigative journalist and winner of the
2012 Gellhorn Prize for journalism. He is
the author of the newly published
Manufactured Crisis: The Untold Story of the
Iran Nuclear Scare.
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