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Arash

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Sep 25, 2005, 2:07:52 AM9/25/05

AntiWar
September 24, 2005

Unratified additional protocol

Dr. James Gordon Prather
Nuclear weapons physicist
Nuclear bomb tester at Lawrence Livermore
Technical director of nuclear bomb testings at Sandia
Chief scientist of the U.S. Army
U.S. Navy veteran

Ever since Condi Rice became secretary of state, she and her lackeys have been
running around in circles of diminishing radius, muttering something about the
NECESSITY of "referring" Iran to the U.N. Security Council for "ACTION".

What necessity?

What action?

Well, according to their statute, whenever inspectors for the International Atomic
Energy Agency discover "special nuclear materials" that are – or ought to be –
subject to an IAEA Safeguards Agreement, being used "in furtherance of a military
purpose", the IAEA Board of Governors is required to report such use to the Security
Council for possible "action".

Way back in 1991, IAEA inspectors discovered that Iraq – a signatory to the Treaty on
Non-Proliferation of Nuclear Weapons (NPT) – had attempted to produce fissile
materials "in furtherance of a military purpose".

Under Iraq's existing Safeguards Agreement, the IAEA had had no authority to look for
"special nuclear materials" and/or activities involving their physical or chemical
transformation that should have been "declared", but weren't.

So, by 1997, the IAEA Board had developed a Model Additional Protocol – providing
intrusive go-anywhere, see-anything authority similar to that provided the IAEA in
Iraq by the Security Council – which all IAEA members were urged to accept.

In 2003, Iran did sign an Additional Protocol, but the Iranian Parliament has not
"ratified" it.

(And, thanks to Condi, may never.)

Iran's existing Safeguards Agreement is virtually the same as Iraq's. Hence the IAEA
is only authorized to inspect facilities and activities that Iran has "declared".

However, pending ratification, the Iranians "VOLUNTEERED" to cooperate with the IAEA
as if the Additional Protocol was in force.

But, if Condi wants to "REFER" Iran to the Security Council for "non-compliance" with
its Safeguards Agreement, it is the original agreement, in force since 1974, that
counts.

Under that agreement, the Iranians were NOT obliged to inform the IAEA about any of
their activities that did not involve the acquisition, disposition, storage, physical
or chemical transformation of "special nuclear materials".

In particular, they were under NO obligation to tell the IAEA they were buying or
producing equipment that COULD be used to physically or chemically transform "special
nuclear materials".

They were under NO obligation to tell the IAEA about the plant they were building at
Natanz, NOR about the thousands of gas-centrifuges they had been attempting to
manufacture for use in that plant.

Under their existing Safeguards Agreement, the Iranians were obligated to tell the
IAEA about Natanz ONLY in sufficient time so that once "special nuclear materials"
were introduced into the Natanz plant, the IAEA would be in a position to determine
whether or not those materials were diverted to some military purpose.

Hence, nearly all the "violations" that Condi and the neo-crazies are loudly claiming
the Iranians were guilty of over the past 20 years, were NOT violations of their
existing Safeguards Agreement at all.

True, when the Iranians began to divulge everything they had done since 1974, there
were some things they should have reported, but hadn't.

For example, their Safeguards Agreement says that "the objective of the safeguards
procedures set forth in this part of the Agreement is the timely detection of
diversion of significant quantities of nuclear material from peaceful nuclear
activities to the manufacture of nuclear weapons".

What is a "significant" quantity?

For referring Iran to the Security Council, the "significant" quantity is defined to
be that quantity of material containing "one-kilogram equivalent" of weapons-grade
uranium or plutonium.

However, the IAEA has decreed that the acquisition or production of any amount of
"special nuclear materials" – even milligram quantities – has to be reported.

Iran is not the only country – South Korea is another – failing to report to the IAEA
at the time the acquisition or production of materials containing less than
"one-kilogram equivalent".

But, the Iranians have now made those reports. So, insofar as complying with their
existing Safeguards Agreement is concerned, case closed, Condi.

Furthermore, after two years of GO-ANYWHERE, SEE-ANYTHING inspections, ElBaradei has
found NO indication that any special nuclear materials or activities involving them
are being – or have been – used in furtherance of a military purpose.

Nevertheless, Condi and her lackeys are charging that Iran is in "non-compliance"
with its Safeguards Agreement, and thus now "within the competence of the Security
Council, as the organ bearing the main responsibility for the maintenance of
international peace and security".

Nonsense. Condi needs to re-read – and try real hard to comprehend – the existing
Iranian Safeguards Agreement
(http://www.iaea.org/NewsCenter/Focus/IaeaIran/index.shtml), the IAEA Statute
(http://www.iaea.org/About/statute.html) and the UN Charter
(http://www.un.org/aboutun/charter).

* Physicist James Gordon Prather has served as a policy implementing official for
national security-related technical matters in the Federal Energy Agency, the Energy
Research and Development Administration, the Department of Energy, the Office of the
Secretary of Defense and the Department of the Army. Dr. Prather also served as
legislative assistant for national security affairs to U.S. Sen. Henry Bellmon,
R-Okla. --ranking member of the Senate Budget Committee and member of the Senate
Energy Committee and Appropriations Committee. Dr. Prather had earlier worked as a
nuclear weapons physicist at Lawrence Livermore National Laboratory
(http://www.llnl.gov) in California and Sandia National Laboratory
(http://www.sandia.gov) in New Mexico. http://www.antiwar.com/prather

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