Disarmament Documentation

Text of unofficial U.S.-UK draft resolution on Iran nuclear issue, September 20, 2005

VIENNA, Sept. 20 (MNA) - An unofficial text of the first draft of a resolution on Iran's nuclear program has been drawn up by the U.S. and Britain with support from France and Germany. The draft text has been submitted to the IAEA board for discussion. However, until the moment that the Mehr News Agency received the text, it was still being reported that the text was undergoing some changes. Following is the text of the current version of the draft resolution:

The Board of Governors

a) Recalling the resolutions adopted by the Board on 11 August 2005 (GOV/2005/64), 29 November 2004 (GOV/2004/90), 18 September 2004 (GOV/2004/79), 18 June 2004 (GOV/2004/49), 13 March 2004 (GOV/2004/21) 26 November 2003 (GOV/2003/81) and on 12 September 2003 (GOV/2003/69), the statement of the Board of 19 June 2003 (GOV/OR 1072) and the Chairman of the Board's conclusions of March 2005 (GOV/) and of June 2005 (GOV/); b) Commending the Director General and the Secretariat for their professional and impartial efforts to implement the Safeguards Agreement in Iran, to resolve outstanding safeguards issues in Iran and to verify the implementation by Iran of the suspension;

c) Recalling Iran's failures in a number of instances over an extended period of time to meet its obligations under its NPT Safeguards Agreement (INFCIRC 214) with respect to the reporting of nuclear material, its processing and its use, as well as the declaration of facilities where such material had been processed and stored, as reported by the Director General in his report GOV/2003/75 dated 10 November 2003 and confirmed in GOV/2005/67, dated 2 September 2005;

d) Recalling also that, as reported by the Director General in his report GOV/2004/83 dated 15 November 2004, Iran's cooperation with the Agency was marked by extensive concealment, misleading information and delays in access to nuclear material and facilities and that, as deplored by the Board in its resolution GOV/2003/8l, Iran's policy of concealment has resulted in many breaches of its obligation to comp]y with its Safeguards Agreement;

e) Recalling that the Board of Governors decided that it is essential and urgent in order to ensure LAEA verification of non diversion of nuclear material that Iran remedy all failures identified by the Agency and cooperate fully with the Agency to ensure verification of compliance with Iran's Safeguards Agreements by taking all necessary actions including inter alia by:

(i) granting unrestricted access, including environmental sampling, for the Agency to whatever locations the Agency deems necessary for the purposes of verification of the correctness and completeness of Iran's declarations, and

(ii) providing such other information and explanations, and taking such other steps, as are deemed necessary by the Agency to resolve all outstanding issues involving nuclear materials and activities, including environmental sampling results;

f) Noting that, as reported by the Director General, the Agency is not yet in a position to clarify some important outstanding issues after two and a half years of intensive inspections and investigation and that Iran's full transparency is indispensable and overdue;

g) Uncertain of Iran's motives in failing to make important declarations over an extended period of time and in pursuing a policy of concealment up to October 2003;

h) Concerned by continuing gaps in the Agency's understanding of proliferation sensitive aspects of Iran's nuclear programme;

i) Recalling the emphasis placed in past resolutions on the importance of confidence building measures and reaffirming that the full and sustained implementation of the suspension notified to the Director General on 14 November 2004, as a voluntary non legally binding confidence building measure, to be verified by the Agency, is essential to addressing outstanding issues;

j) Gravely concerned that Iran has to date failed to heed the call by the Board in its resolution of 11 August 2005 tore-establish full suspension of all enrichment related activities including the production of feed material, including through tests or production at the Uranium Conversion Facility, and to permit the Director General to re-instate the seals that have been removed at the facility, as the hill and sustained suspension of these activities is essential to addressing outstanding issues;

k) Also concerned that Iran has to date failed to heed repeated calls to ratify the Additional Protocol and to reconsider its derision to construct a research reactor moderated by heavy water, as these measures would have helped build confidence in the exclusively peaceful nature of Iran's nuclear programme;

I) Noting that the Director General reported that the Agency "continues to follow up on information pertaining to Iran's nuclear programme and activities that could be relevant to that programme" and that "the Agency's legal authority to pursue the verification of possible nuclear weapons related activity is limited" (GOV/2005/67);

m) Noting that outstanding issues relating to Iran's nuclear programme have thus yet to be resolved, and that the Agency is not in a position to conclude that there are no undeclared nuclear materials or activities in Iran;

1. Requests the Director General to report to all members of the Agency, and to the Security Council and General Assembly of the United Nations, under Article XII.C of the Agency's Statute, Iran's many failures and breaches of its obligations to comply with its NPT safeguards Agreement, as detailed in GOV/2003/75;

2. Finds that the history of concealment of Iran's nuclear activities, the nature of these activities, and issues brought to light in the course of the Agency's verification of declarations made by Iran since September 2002 have given rise to questions that are within the competence of the Security Council, as the organ bearing the main responsibility for the maintenance of international peace and security, and requests the Director General, under Article III.B.4 of the Agency's Statute, to notify the Security Council of the United Nations accordingly;

3. Recommends to the Security Council that it consider, as a response to this Resolution, inter alia making clear to Iran that outstanding questions can be best resolved, and confidence in the exclusively peaceful nature of Iran's programme be restored, by Iran responding to the Board of Governors' past calls on Iran to:

(i) implement transparency measures which extend beyond the formal requirements of the Safeguards Agreement and Additional Protocol, and in particular extend full and prompt co-operation to the Director General in his pursuit of verification activities and provide access to locations, personnel and information the Agency may request in support of its ongoing investigations;

(ii) re-establish full and sustained suspension of all enrichment-related and reprocessing activity;

(iii) reconsider the construction of a research reactor moderated by heavy water;

(iv) promptly ratify and implement the additional Protocol; and

(v) pending the completion of the ratification of the Additional Protocol, continue to act in accordance with the provisions of an Additional Protocol, based on the model Additional Protocol (INFCIRC/54O(Corrected)), which it signed on 18 December 2003.

4. Calls on Iran to return to the negotiating process that has made good progress in the last two years.

5. Requests the Director General to transmit a copy of this resolution to the Security Council as well as copies of GOV/2003/75, GOV/2004/83 and GOV/2005/67.

6. Requests the Director General to pursue his investigations.

7. Decides to remain seized of the matter.

Source: MehrNews.com, http://www.mehrnews.ir/en/NewsDetail.aspx?NewsID=231875.

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