VZCZCXYZ0002
OO RUEHWEB

DE RUEHUNV #0281/01 1681735
ZNR UUUUU ZZH
O 171735Z JUN 09
FM USMISSION UNVIE VIENNA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9594
INFO RUEHGB/AMEMBASSY BAGHDAD IMMEDIATE 0110
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 1670

UNCLAS UNVIE VIENNA 000281 
 
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: IAEA/JUNE BOARD: IRAQ SEEKS A CLEAN SLATE FROM THE 
IAEA AT THE SEPTEMBER 2009 BOARD 
 
REF: STATE 061807 
 
¶1. (SBU) Summary.  During June 17 IAEA Board of Governors 
deliberations, Iraq requested that an item be added to the 
September Board meeting agenda that addresses the cooperation 
between Iraq and the IAEA related to implementation of Iraq's 
IAEA safeguards obligations.  Iraq asked for member states' 
support for such an agenda item with the end goal of 
recovering its "natural rights" to establish nuclear programs 
for peaceful purposes, currently constrained by UNSCR 707 
(1991).  Iraq's statement recounted its efforts to meet 
international obligations on disarmament and 
nonproliferation, including all IAEA obligations, over the 
last five years.  At the Board Chair's prompting, the 
Director General delivered an immediate response saying the 
decision is for the Security Council, and that the IAEA is 
ready to inform the UNSC that Iraq's cooperation is 
excellent.  IAEA/Legal privately clarified to DCM, and later 
in a more detailed discussion with MsnOff that the 
Secretariat agreed that it is ultimately the Board's 
prerogative to decide compliance.  However, the Secretariat, 
including the DG, believe that the formulation of UNSCR 707 
(which calls for "full compliance") raises questions about 
the scope and nature of how the Secretariat should express 
itself on Iraq in light of the fact that Iraq has yet to 
bring into force the Additional Protocol and therefore the 
IAEA cannot certify the "completeness" of Iraq's 
declarations.  The U.S. supported Iraq's call for a September 
agenda item to underline the responsibility of the Board in 
determining compliance with safeguards agreements.  End 
Summary. 
 
---------------------------- 
Iraq Requests An Agenda Item 
---------------------------- 
 
¶2.  (SBU) Iraqi Ambassador Aqrawi delivered a moving 
statement at the Board of Governors meeting under the 
Safeguards Implementation Report agenda item on June 16.  He 
began by thanking the Agency and several Member States for 
the assistance it has provided on cancer radiotherapy, 
establishing a nuclear regulator, and decontamination of 
nuclear sites.  He recounted Iraq's efforts to meet 
international obligations on disarmament and nonproliferation 
over the last five years, while United Nation Security 
Council restrictions remained in force constraining Iraq's 
ability to develop peaceful nuclear programs.  Aqrawi said 
that UNSCR 707 forbids Iraq from carrying out any activity 
except for use of isotopes for medical, agricultural, or 
industrial purposes.  (Comment: UNSCR 707 says that Iraq must 
"Halt all nuclear activities of any kind, except for use of 
isotopes for medical, agricultural or industrial purposes, 
until the Council determines that Iraq is in full compliance 
with the present resolution (i.e., UNSCR 707) and with 
paragraphs 12 and 13 of resolution 687 (1991) and the Agency 
determines that Iraq is in full compliance with its 
safeguards agreement with the Agency."  End Comment.) 
 
¶3.  (SBU) Ambassador Aqrawi reviewed the list of conventions 
and agreements towards which Iraq has moved over the last 
five years to illustrate his point, including the Convention 
on Nuclear Safety, the Vienna Convention on Civil Liability 
for Nuclear Damage, International Convention to Fight Nuclear 
Terrorism, and the Code of Conduct for Safety and Security 
for Radioactive Sources.  The Iraqi Ambassador also noted 
that Iraq no longer had nuclear programs and facilities, as 
these have been destroyed either through military action or 
by UN Commission. 
 
¶4.  (SBU) Despite UNSCR 1762 (2007) which terminated the 
mandates of UNMOVIC and the IAEA Iraq Nuclear Verification 
Office, Iraq said it has yet to recover its natural right to 
undertake nuclear activities.  The technological development 
of Iraq is hampered by these restrictions, especially in the 
area of nuclear energy, and "impairs the natural balance." 
Having met its disarmament obligations, Iraq sought support 
for exercise of its full rights under the NPT. 
 
¶5.  (SBU) Iraq concluded by requesting that an item be added 
to the September Board agenda that addresses the cooperation 
between Iraq and the IAEA, and Iraq's observance of its 
safeguards obligations. 
 
------------------------------- 
Director General Passes to UNSC 
------------------------------- 
 
¶6.  (SBU) In an intervention after Iraq spoke, Board Chair 
Feroukhi questioned what the Board could do as this was a 
resolution passed at the UN Security Council.  DG ElBaradei 
immediately responded that this is an issue for the Security 
Council, not the IAEA.  ElBaradei said that the Agency is 
ready to tell the SC that Iraq's cooperation "is excellent in 
all aspects," and that Iraq has met its obligations with the 
Agency.  As a result, a September agenda item was not needed. 
 He agreed that it was time to lift sanctions and advised 
Iraq to put this on the Security Council agenda. 
 
¶7.  (SBU) Shortly after the DG's intervention, IAEA senior 
safeguards attorney Laura Rockwood approached DCM in the 
Board room to clarify that the Board does have a prerogative 
to decide compliance and that the DG's point was that 
addressing "full compliance" in Iraq is complicated by the 
fact that Iraq does not yet have an AP in force that would 
allow the Agency to draw a broader conclusion about the 
absence of undeclared activities, i.e., the "completeness" of 
Iraq's declarations.  We shared our proposed statement 
supporting Iraq (included in para 10 below) with the 
Secretariat, as our request would be contrary to the DG's 
remarks.  EXPO Director Vilmos Cserveny indicated 
satisfaction with our formulation, but added skepticism that 
Iraq would move on the AP before September. 
 
¶8.  (SBU) The Japanese Delegation asked about the U.S. 
intervention and, after receiving the explanation above, is 
seeking instructions from Tokyo to express support (under the 
"Any Other Business" agenda item likely to be taken up the 
afternoon of June 18) for Iraq's request for an agenda item 
at the September Board 
 
¶9.  (SBU) Comment: In a conversation subsequent to Rockwood's 
approach to DCM, Rockwood and IAEA Legal Advisor Johan 
Rautenbach confirmed again their understanding of the Board's 
ultimate prerogatives in expressing a view on closure of 
noncompliance in cases that the Board had previously reported 
to the UNSC.  They also took note of the relevance of the 
Iraq case to Iran in this regard.  Mission understands, 
however, that the UNSC can take action to lift restrictions 
on Iraq's nuclear activities with or without Board action. 
Mission will continue to monitor Secretariat thinking and 
approach to the Iraq safeguards/UNSC issue and, unless 
otherwise instructed, will continue to work toward laying the 
basis for appropriate Board action.  Mission also notes, 
however, that Rautenbach and Rockwood expressed the view, 
that they said the DG shared, that it would be wise to ensure 
that the AP was at least in force in Iraq before UNSCR 707 
sanctions are lifted. 
 
------------------------------ 
U.S. Statement Supporting Iraq 
------------------------------ 
 
¶10.  (SBU) Below is the text on Iraq from our SIR Statement: 
 
Regarding Iraq, we welcome the statement by the Director 
General that Iraq's cooperation has been excellent.  In line 
with the Board's role and responsibilities, the United States 
would support the Government of Iraq in its request for an 
agenda item in September, understanding that the Additional 
Protocol is an essential element of the international 
safeguards system. 
SCHULTE