VZCZCXYZ0002
OO RUEHWEB

DE RUEHUNV #0166/01 1061512
ZNR UUUUU ZZH
O 161512Z APR 09
FM USMISSION UNVIE VIENNA
TO RUEHGB/AMEMBASSY BAGHDAD IMMEDIATE 0098
RUEHC/SECSTATE WASHDC IMMEDIATE 9302
INFO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 1588

UNCLAS UNVIE VIENNA 000166 
 
SENSITIVE 
SIPDIS 
 
ISN/RA FOR DANIEL; NEA/I FOR NOTAR, KENNA; L FOR MITCHELL, 
HIRSCH; BAGHDAD FOR FINGARSON, AHN, SWINEY 
 
E.O. 12958: N/A 
TAGS: AORC IAEA IZ KNNP
SUBJECT: IRAQ-WMD-RESTRICTIONS: DISCUSSING HOW VIENNA COULD 
ASSIST U.S. EFFORTS TO ENCOURAGE UN SECURITY COUNCIL TO 
LIFT RESTRICTIONS 
 
REF: 08 SECSTATE 95569 
 
¶1.  (SBU) Summary: Ambassador Schulte met with Embassy 
Baghdad and Washington ISN/RA, NEA/I, and L/NPV on April 1 
over Secure VTC to discuss WMD-related UN Chapter VII 
Resolutions on Iraq.  Ambassador Schulte noted that the U.S. 
Mission to International Organizations in Vienna is willing 
to assist in the process of lifting WMD restrictions on Iraq, 
given our expertise and contacts in nuclear safeguards, 
safety, security and export controls.  Pol-Mil Minister 
Counselor in Baghdad welcomed the offer and noted the 
importance of the issue to the United States, as well as 
Iraq.  All agreed to coordinate future efforts pursuant to 
Washington guidance.  End Summary. 
 
----------------------- 
UNVIE Offers Assistance 
----------------------- 
 
¶2.  (SBU) Ambassador Schulte began the meeting by offering 
Washington and Baghdad support from Vienna in helping to lift 
WMD Chapter VII restrictions on Iraq.  (Note: This is a part 
of a broader ongoing effort in Washington and Embassy Baghdad 
to implement the provisions of the U.S.-Government of Iraq 
(GOI) Security Agreement addressing the application of 
Chapter VII restrictions pertaining to Iraq).  In light of 
Mission contacts with organizations associated with various 
non-proliferation regimes and at the Iraqi Embassy, Mission 
is seeking how best it can assist the effort to move forward 
with urging the UN Security Council to lift restrictions with 
respect to Iraq.  Embassy Baghdad Minister Counselor Michael 
Corbin noted that lifting WMD restrictions is a priority for 
Mission Iraq, per guidance from Washington.  MinCouns Corbin 
added that Iraq was highly motivated in this area and the end 
goal would be positive for Iraq. 
 
¶3.  (SBU) Baghdad EmbOff Tim Fingarson provided an overview 
of Iraq's engagement towards lifting WMD-related 
restrictions.  The Iraqi National Monitoring Directorate 
(INMD) is the Embassy's primary interlocutor on these issues. 
 INMD is under the Ministry of Science and Technology, 
although it will soon become independent.  According to 
Fingarson, Iraq faces internal difficulties in interagency 
and inter-ministerial coordination, which slow our efforts to 
assist them.  The INMD is working to overcome these 
difficulties, and has so far successfully managed to accede 
to the CW convention, with assistance from Embassy Baghdad, 
the Department, and the Department of Defense. 
 
¶4.  (SBU) According to EmbOff Fingarson, the INMD has drafted 
a comprehensive non-proliferation law which it hopes the 
Iraqi Council of Representatives will pass this year, 
although Iraq has already committed to the principles of 
non-proliferation in the constitution adopted in 2005. 
 
------------------------------------- 
International Non-Proliferation Norms 
------------------------------------- 
 
¶5.  (SBU) EmbOff Fingarson reviewed a number of agreements 
and conventions, outlined in reftel that would establish 
international confidence in Iraq's civil nuclear plans.  All 
of the agreements and conventions discussed below are 
relevant to UNVIE's work. 
 
------------------ 
Nuclear Safeguards 
------------------ 
 
¶6.  (SBU) Iraq has a Comprehensive Safeguards Agreement (CSA) 
(INFCIRC/172, 22 February 1973) and signed the Additional 
Protocol (AP) to its CSA on October 9, 2008.  The AP is not 
yet in force.  The IAEA awaits written confirmation from Iraq 
that its domestic requirements for entry into force have been 
met, and therefore the action rests with Iraq. 
 
¶7.  (SBU) Ted Hirsch from the Office of the Legal Adviser 
(L/NPV) advised that UNSCR 707 requires that Iraq halt all 
nuclear activities of any kind, except for use of isotopes 
for medical, agricultural or industrial purposes, including 
civil activities, and that this restriction will remain in 
place until: (1) the IAEA determines that Iraq is in full 
compliance with its safeguards agreement, and (2) the 
Security Council determines that Iraq is in full compliance 
with paragraphs 12 and 13 of UNSCR 687. (Comment:  Paragraphs 
12 and 13 of UNSCR 687 require Iraq unconditionally to agree 
 
 
 
not to acquire or develop nuclear weapons or weapon-grade 
material, or any subsystems, components, or any research and 
development, support or manufacturing facilities for 
producing weapons or weapon-grade material, and to permit the 
destruction, removal or rendering harmless of these items. 
In addition, Iraq must permit immediate on-site inspections 
to verify its compliance with the above). 
 
¶8.  (SBU) (Comment: On April 3, Herman Nackaerts, Director of 
IAEA Safeguards Operations B, told Msnoff that Iraq is 
already considered to be in compliance with its safeguards 
agreement and that the IAEA's legal department could formally 
inform the United States of this if it received a letter 
requesting Iraq's status.  Nackaerts added that Iraq no 
longer has nuclear material that triggers annual Physical 
Inventory Verification (PIV) with the removal of the 550 tons 
of yellowcake in 2008.  The last PIV took place in November 
2007, prior to the removal of the yellowcake.  Safeguards 
Operations B is in charge of nuclear safeguards in Iraq and 
the entire Middle East within the Safeguards Department.  End 
Comment.) 
 
--------------- 
Export Controls 
--------------- 
 
¶9.  (SBU) With respect to export controls, reftel recommends 
that Iraq should develop and implement export controls and 
practices in line with internationally recognized regimes 
such as the Missile Technology Control Regime, Australia 
Group, Nuclear Suppliers Group, and Wassenaar Arrangement 
(WA), per reftel.  UNVIE cannot speak to what steps Iraq may 
have taken to establish export/import authorities but notes 
that Iraq does not participate in Nuclear Suppliers Group or 
adhere to its guidelines and is not a participating state in 
the Wassenaar Arrangement.  EmbOff Fingarson noted that the 
INMD is the import/export authority for Iraq and that the 
Wassenaar Arrangement is covered under CPA orders and other 
domestic legislation. 
 
-------------- 
Nuclear Safety 
-------------- 
 
¶10.  (SBU) With respect to nuclear safety, reftel recommends 
that Iraq accede to the Joint Convention on the Safety of 
Spent Fuel Management and on the Safety of Radioactive Waste 
Management, adhere to the Code of Conduct for Safety and 
Security for Radioactive Sources, and ratify the Convention 
on Supplementary Compensation for Nuclear Damage (CSC). 
UNVIE noted that Iraq does not currently adhere to or comply 
with the above safety conventions.  To do so, Iraq would need 
to deposit with the IAEA its instrument of accession to the 
Joint Convention and its instrument of ratification of the 
CSC, and send a letter to the IAEA Director General 
indicating its intent to adhere to the Code of Conduct. 
Embassy Baghdad ESTH Officer Roy Therrien highlighted the 
Department of State project to clean-up the Tuwaitha site, 
and asked whether the IAEA could be more involved.  (Comment: 
UNVIE's NRC representative notes that the IAEA is a 
participant in this project and if there is interest from 
Washington in increasing IAEA participation that UNVIE would 
be happy to facilitate.  End comment.) 
 
¶11.  (SBU) EmbOff Fingarson noted that the IAEA and the U.S. 
have provided considerable assistance to Iraq to establish a 
regulatory authority for sealed sources known as IRSRA, the 
Iraq Radioactive Source Regulatory Authority.  Mission 
expects that the IAEA, along with the U.S., will continue to 
be involved to ensure the success of IRSRA, such as through 
training, assisting in identifying qualified people, and 
funding of IAEA assistance projects. 
 
------------------------------- 
Other Non-Proliferation Regimes 
------------------------------- 
 
¶12.  (SBU) Other recommendations from reftel include Iraq 
subscribing to the International Code of Conduct Against 
Ballistic Missile Proliferation (Hague Code of Conduct), 
becoming a partner in the Global Initiative to Combat Nuclear 
Terrorism, and committing to rely on existing international 
markets for nuclear fuel services if Iraq chooses to pursue 
civilian nuclear power.  The Hague Code of Conduct and the 
Global Initiative were not discussed during the VTC, although 
Mission notes that Iraq is not a participating state in 
 
 
either arrangement.  Mission understands from Embassy Baghdad 
that Iraq's participation in the Hague Code of Conduct is in 
process. 
 
¶13.  (SBU) Iraq's commitment to rely on existing 
international markets for nuclear fuel services was discussed 
during the SVTC.  Embassy Baghdad clarified that, despite 
expressions of interest reported in the press, Iraq has no 
concrete plans to build nuclear power plants. 
 
¶14.  (SBU) Ambassador Schulte asked whether a 123-type 
agreement would be useful in the process of lifting the UNSC 
Chapter VII restrictions.  ISN clarified that a 123-Agreement 
with Iraq is not a requirement for lifting UNSC Chapter VII 
restrictions, but would be needed before any significant 
nuclear cooperation with Iraq. 
 
---------------- 
Education Needed 
---------------- 
 
¶15.  (SBU) Embassy Baghdad and Washington participants both 
stressed the importance of educating relevant Iraqi officials 
on the restrictions in place and the actions Iraq needs to 
take to remove them.  EmbOff Fingarson illustrated the point 
that Iraq may require some education on the UN restrictions, 
noting that the INMD believes that UNSCR 707 prohibits IAEA 
Technical Cooperation (TC) for Iraq.  (Comment: UNVIE 
subsequently confirmed that Iraq is not excluded from TC.  In 
fact, Iraq participates in regional and inter-regional TC 
projects and has national projects on the books, but the 
security situation makes the national projects difficult to 
implement.  End Comment.)  Ambassador Schulte indicated that 
the Mission is willing to facilitate video teleconferences 
between Iraqi officials and various organizations in Vienna, 
such as the IAEA, to increase the Iraqi Government's 
knowledge of the various nonproliferation regimes, if this is 
useful in our efforts. 
 
¶16.  (SBU) MAJ Won Kim, MNF-I, noted that the Wassenaar 
Arrangement (WA) has information on International Best 
Practices on export controls.  UNVIE had previously confirmed 
with the WA Secretariat that no Iraqi representative has 
contacted the WA Secretariat directly.  The WA Head of 
Secretariat strongly prefers interested countries to send 
queries directly to the Secretariat rather than via third 
countries.  Therefore, UNVIE recommends that Embassy Baghdad 
urge the Iraqi government to instruct its Ambassador in 
Vienna to contact the WA Secretariat to request, for example, 
information on best practices.  Commencing a direct dialogue 
early on with the WA Secretariat would have the additional 
advantage of creating a "track record" for Iraq and thus 
provide other Participating States with a better 
understanding of Iraq's interest in the Arrangement.  Mission 
suggests the education include information on what Iraq would 
gain by joining supplier arrangements, i.e, WA, NSG, MTCR, 
Australia Group, to which it does not currently belong. 
 
¶17.  (SBU) MAJ Kim also noted during the VTC that the INMD, 
on April 29, will host ministry officials and key 
decision-makers to review Iraq's responsibilities under 
international nonproliferation treaties and conventions. 
Mission will work with Embassy Baghdad to determine if we can 
provide support in the form of background information for the 
upcoming meeting. 
 
---------- 
Next Steps 
---------- 
 
¶18.  (SBU) State Iraq desk (Susan Notar, NEA/I/PM) and 
nonproliferation bureau (Jody Daniel, ISN/RA) indicated that, 
consistent with the U.S. commitment to the GOI in the 
Security Agreement to help Iraq regain the legal and 
international standing that it held before the adoption of 
UNSCR 661 (1990), an interagency review is ongoing to develop 
a plan to work with the UN Security Council to help Iraq in 
ending the application of Chapter VII restrictions, including 
WMD restrictions.  Notar indicated that it was her 
understanding that pursuant to UNSCR 1859, the UN is 
consulting with Iraq and gathering information to prepare a 
report on the issue, but that a draft was forthcoming. 
 
¶19.  (SBU) Ambassador Schulte welcomed further direction from 
Washington on how UNVIE might assist in USG effort to lift 
the UNSC Chapter VII restrictions related to WMD.  Mission 
 
 
will contact NSG to determine if Iraq has been in contact. 
On the Joint Convention on the Safety of Spent Fuel 
Management, Mission will help determine what advice could be 
provided to Iraq in the area of safety, in conjunction with 
Washington.  Mission will also work with Embassy Baghdad to 
provide background materials for the April 29 meeting 
mentioned in para 16 above. 
SCHULTE