Vienna - The International Atomic Energy Agency (IAEA) does not share Iran's opinion that it has to inform about new nuclear facilities only half a year before starting them up, agency documents and legal agreements with Iran show. The following provides answers to some questions about Iran's obligations to the Vienna-based IAEA that have been raised after the country announced it was constructing a second uranium enrichment facility in Fordo near the city of Qom.
Q: Was Iran obliged to tell the IAEA about its new enrichment site?
A: Yes, according to the IAEA's previous legal arguments. In 2003, Iran accepted a new provision in its inspection agreement, which says the country is obliged to provide technical information "as soon as the decision to construct or to authorize construction has been taken, whichever is earlier." The provision has been an IAEA standard since 1992.
Q: Why does Iran say it is enough to tell the agency 180 days before introducing nuclear material into the facility?
A: Iran stopped applying the provision in March 2007, which had never been ratified by parliament. The government said it would go back to implementing a previous rule, which has a shorter notification period of only 180 days.
Q: Has the IAEA accepted Iran's reason for not implementing the longer notification period?
A: No. Provisions cannot be altered without the consent of the IAEA. Iran's stance is "inconsistent with Iran's obligations" in its legally binding inspection agreements, the agency's legal department told the IAEA governing board in March. Yet, the legal experts shied away from concluding that Iran was actually breaching its safeguards agreement.
Q: Is Iran obliged to let IAEA inspectors see the site near Qom?
A: Yes. Inspectors have the right to visit new sites to verify the technical information that should be sent in advance, according to Iran's inspection agreement with the nuclear watchdog organization.
Q: Does Iran's stance also affect the IAEA's work in other areas?
A: Because the Islamic state insists on the 180-day rule, inspectors have not have been given all the access and information regarding other sites, namely the Arak scientific reactor that is under construction and the planned Darkhovin nuclear power plant.
