An update on the Iranian nuclear accord between 2018 and the resumed talks in April 2021
The signatories of the Joint Comprehensive Plan of Action (JCPOA), reached in 2015 to limit Iran's nuclear program, met again on April 6 in Vienna to explore the possibility of reviving the accord. The US withdrawal after Donald Trump becoming president put the agreement on hold and lead Tehran to miss its commitments. Here we offer an update on the issue until the international talks resumed.
Trump's announcement of the US withdrawal from the JCPOA on May 8, 2018 [White House].
ARTICLE / Ana Salas Cuevas
The Islamic Republic of Iran is a key player in the stability of its regional environment, which means that it is a central country worth international attention. It is a regional power not only because of its strategic location, but also because of its large hydrocarbon reserves, which make Iran the fourth country in oil reserves and the second one in gas reserves.
In 2003, the International Atomic Energy Agency (IAEA) brought to the light and warned the international community about the existence of nuclear facilities, and of a covert program in Iran which could serve a military purpose. This prompted the United Nations and the five permanent members of the UN Security Council (the P5: France, China, Russia, the United States and the United Kingdom) to take measures against Iran in 2006. Multilateral and unilateral economic sanctions (the UN and the US) were implemented, which deteriorated Iran's economy, but which did not stop its nuclear proliferation program. There were also sanctions linked to the development of ballistic missiles and to the support of terrorist groups. These sanctions, added to the ones the United States imposed on Tehran in the wake of the 1979 revolution, and together with the instability that cripples the country, caused a deep deterioration of Iran's economy.
In November 2013, the P5 plus Germany (P5+1) and Iran came to terms with an initial agreement on Iran's nuclear program (a Joint Plan of Action) which, after several negotiations, translated into a final pact, the Joint Comprehensive Plan of Action (JCPOA), signed in 2015. The European Union adhered to the JCPOA.
The focus of Iran's motives for succumbing and accepting restrictions on its nuclear program lies in the Iranian regime's concern that the deteriorating living conditions of the Iranian population due to the economic sanctions could result in growing social unrest.
The Joint Comprehensive Plan of Action
The goal of these negotiations was to reach a long-term comprehensive solution agreed by both parties to ensure that Iran's nuclear program would be completely peaceful. Iran reiterated that it would not seek or develop any nuclear weapons under any circumstances. The real aim of the nuclear deal, though, was to extend the time needed for Iran to produce enough fissile material for bombs from three months to one year. To this end, a number of restrictions were reached.
This comprehensive solution involved a mutually defined enrichment plan with practical restrictions and transparent measures to ensure the peaceful nature of the program. In addition, the resolution incorporated a step-by-step process of reciprocity that included the lifting of all UN Security Council, multilateral and national sanctions related to Iran's nuclear program. In total, these obligations were key to freeze Iran's nuclear program and reduced the factors most sensitive to proliferation. In return, Iran received limited sanctions relief.
More specifically, the key points in the JCPOA were the following: Firstly, for 15 years, Iran would limit its uranium enrichment to 3.67%, eliminate 98% of its enriched uranium stocks in order to reduce them to 300 kg, and restrict its uranium enrichment activities to its facilities at Natanz. Secondly, for 10 years, it would not be able to operate more than 5,060 old and inefficient IR-1 centrifuges to enrich uranium. Finally, inspectors from the IAEA would be responsible for the next 15 years for ensuring that Iran complied with the terms of the agreement and did not develop a covert nuclear programme.
In exchange, the sanctions imposed by the United States, the European Union and the United Nations on its nuclear program would be lifted, although this would not apply to other types of sanctions. Thus, as far as the EU is concerned, restrictive measures against individuals and entities responsible for human rights violations, and the embargo on arms and ballistic missiles to Iran would be maintained. In turn, the United States undertook to lift the secondary sanctions, so that the primary sanctions, which have been in place since the Iranian revolution, remained unchanged.
To oversee the implementation of the agreement, a joint committee composed of Iran and the other signatories to the JCPOA would be established to meet every three months in Vienna, Geneva or New York.
United States withdrawal
In 2018, President Trump withdrew the US from the 2015 Iran deal and moved to resume the sanctions lifted after the agreement was signed. The withdrawal was accompanied by measures that could pit the parties against each other in terms of sanctions, encourage further proliferation measures by Iran and undermine regional stability. The US exit from the agreement put the Joint Comprehensive Plan of Action on hold.
The United States argued that the agreement allowed Iran to approach the nuclear threshold in a short period of time. With the withdrawal, however, the US risked bringing this point closer in time by not waiting to see what could happen after the 10 and 15 years, assuming that the pact would not last after that time. This may make Iran's proliferation a closer possibility.
Shortly after Trump announced the first anniversary of its withdrawal from the nuclear deal and the assassination of powerful military commander Qasem Soleimani by US drones, Iran announced a new nuclear enrichment program as a signal to nationalists, designed to demonstrate the power of the mullah regime. This leaves the entire international community to question whether diplomatic efforts are seen in Tehran as a sign of weakness, which could be met with aggression.
On the one hand, some opinions consider that, by remaining within the JCPOA, renouncing proliferation options and respecting its commitments, Iran gains credibility as an international actor while the US loses it, since the agreements on proliferation that are negotiated have no guarantee of being ratified by the US Congress, making their implementation dependent on presidential discretion.
On the other hand, the nuclear agreement adopted in 2015 raised relevant issues from the perspective of international law. The Joint Comprehensive Plan of Action timeline is 10 to 15 years. This would terminate restrictions on Iranian activities and most of the verification and control provisions would expire. Iran would then be able to expand its nuclear facilities and would find it easier to develop nuclear weapons activities again. In addition, the legal nature of the Plan and the binding or non-binding nature of the commitments made under it have been the subject of intense discussion and analysis in the United States. The JCPOA does not constitute an international treaty. So, if the JCPOA was considered to be a non-binding agreement, from the perspective of international law there would be no obstacle for the US administration to withdraw from it and reinstate the sanctions previously adopted by the United States.
The JCPOA after 2018
As mentioned, the agreement has been held in abeyance since 2018 because the IAEA inspectors in Vienna will no longer have access to Iranian facilities.
Nowadays, one of the factors that have raised questions about Iran's nuclear documents is the IAEA's growing attention to Tehran's nuclear contempt. In March 2020, the IAEA "identified a number of questions related to possible undeclared nuclear material and nuclear-related activities at three locations in Iran". The agency's Director General Rafael Grossi stated: "The fact that we found traces (of uranium) is very important. That means there is the possibility of nuclear activities and material that are not under international supervision and about which we know not the origin or the intent".
The IAEA also revealed that the Iranian regime was violating all the restrictions of the Joint Comprehensive Plan of Action. The Iranian leader argued that the US first violated the terms of the JCPOA when it unilaterally withdrew the terms of the JCPOA in 2018 to prove its reason for violating the nuclear agreement.
In the face of the economic crisis, the country has been hit again by the recent sanctions imposed by the United States. Tehran ignores the international community and tries to get through the signatory countries of the agreement, especially the United States, claiming that if they return to compliance with their obligations, Iran will also quickly return to compliance with the treaty. This approach has put strong pressure on the new US government from the beginning. Joe Biden's advisors suggested that the agreement could be considered again. But if Washington is faced with Tehran's full violation of the treaty, it will be difficult to defend such a return to the JCPOA.
In order to maintain world security, the international community must not succumb to Iran's warnings. Tehran has long issued empty threats to force the world to accept its demands. For example, in January 2020, when the UK, France and Germany triggered the JCPOA's dispute settlement mechanism, the Iranian Ministry of Foreign Affairs issued a direct warning, saying: "If Europeans, instead of keeping to their commitments and making Iran benefit from the lifting of sanctions, misuse the dispute resolution mechanism, they'll need to be prepared for the consequences that they have been informed about earlier".
The purpose of the agreement is to prevent Iran from becoming a nuclear power that would exert pressure on neighbouring countries and further destabilize the region. For example, Tehran's military influence is already keeping the war going in Syria and hampering international peace efforts. A nuclear Iran is a frightening sight in the West.
The rising in tensions between Iran and the United States since the latter unilaterally abandoned the JCPOA has increased the deep mistrust already separating both countries. Under such conditions, a return to the JCPOA as it was before 2018 seems hardly imaginable. A renovated agreement, however, is baldly needed to limit the possibilities of proliferation in an already too instable region. Will that be possible?