ANNEX I - Iran's Domestic Political Situation

 

Political structure

 

1. Under the Iranian Constitution, Iran is an Islamic Republic and the teachings of Islam are to be the basis of all political, social and economic relations.

 

2. The structure of authority is opaque, with competing power centres. Overall authority is vested in the Supreme Leader, currently Ayatollah Ali Khamenei, who was preferred in this role by Khomeini to be his successor in 1989, a choice then made official by the Assembly of Experts, a body of 96 religious scholars elected by universal adult suffrage from all over Iran. The President too is elected by universal adult suffrage, and serves a four-year term. He may serve no more than two consecutive terms in office.

 

3. The Majles (parliament) has 290 elected members representing regions or one of the three recognised religious minorities (Jews, Christians and Zoroastrians). The Majles also approves the members of the Council of Ministers (the President's Cabinet).

 

4. Political parties were legalised in 1998 after a 13-year ban and are still at an early stage of development. Factions, particularly in the Majles, are often defined broadly as "reformist", "hardline conservative" or "pragmatic conservative".

 

5. Legislation passed by the Majles must be approved by the Guardian Council, which reviews it for constitutionality and adherence to Islamic law. The Council is composed of six theologians appointed by the Supreme Leader and six jurists nominated by the judiciary and approved by the Majles. The Council has the power to veto candidates in elections to parliament, local councils, the Presidency and the Assembly of Experts.

 

6. The Council for the Discernment of Expediency was created in 1988 to resolve disputes over legislation between the Majles and the Guardian Council. It also advises the Supreme Leader on national policy and constitutional issues. It is currently led by former President Ali Akbar Hashemi Rafsanjani and includes the heads of all three branches of government and the clerical members of the Guardian Council. The Supreme Leader appoints other members for a five-year term.

 

Political situation

 

7. The "reformist" President Khatami was elected in August 1997 with an overwhelming majority, and re-elected in June 2001. However, there has been a swing towards more hardline conservative forces in recent years, in part because of the reformists' failure to address growing economic concerns. In the most recent Majles (parliamentary) elections in 2004, conservative candidates swept the board (after the Guardian Council - which can veto candidates it considers contrary to the interests of the Islamic Republic - blocked the candidacies of more than a third of the 8000 candidates, most of whom were reformists, and 85 of who were incumbent MPs).

 

8. The vetting procedures dissuaded many potential candidates from even putting their names forward. The Guardian Council has vetoed all female candidates from standing in any presidential election as well as the December 2006 Assembly of Experts elections.

 

President Ahmadinejad

 

9. Ahmadinejad was elected in June 2005, on a platform of "economic justice" (especially improving the economic situation of the poorest), anti-corruption, and nationalism. His campaign stressed his humble background, simple lifestyle and personal piety.

 

10. Since coming into office, Ahmadinejad has used economic and political tools to entrench the control of his hardline supporters over the key levers of power. Members or former members of the Islamic Revolutionary Guard Corps (IRGC), created by Ayatollah Khomeini in May 1979 to "protect the revolution and its achievements" have taken on more political roles (including Ministerial and provincial governor positions) as well as their growing commercial interests. There has also been increased activity by the IRGC-linked Basij (revolutionary volunteers) and morality police.

 

11. While Ahmadinejad is not the key foreign policy player, he has put his stamp on foreign policy, particularly through public statements - including his vitriolic comments about Israel, as well as the nuclear file.

 

12. But over the past year Ahmadinejad has come under increasing domestic criticism, for his confrontational foreign policy, poor management of the economy, and failure to fulfil campaign promises to tackle corruption. His relations with some other regime leaders are strained or hostile, and his support in the Majlis remains fragile. In December 2006, his candidate list, "The Pleasant Scent of Service", did poorly in local elections, on a high turnout. Pragmatic conservatives showed a stronger performance.

 

Economic outlook

 

13. Ahmadinejad's populism is also leaving its imprint on the economic outlook. He has tried to win favour among the poor with high levels of public spending. High oil prices helped him promote this agenda. Budget mismanagement and soaring inflation are evident. And the government's insistence that banks must pay out cheap loans has hit the financial sector hard.

 

14. Since Ahmadinejad came to power, much needed but painful structural reforms - eg on fuel subsidies - have been further delayed. The Revolutionary Guards are further extending their grip over the economy; huge contracts have been handed to companies they control, often without any form of tendering.

 

15. Ahmadinejad's confrontational foreign policy approach has also had an impact. Fear of possible future sanctions has hit economic and investor confidence: businesses are deferring investment decisions and the stock market has fallen below 10,000 points. Foreign investment has all but dried up, foreign export credit agencies are taking steps to limit their exposure and firms are finding it harder to raise international finance for major projects. US actions against Iranian banks and UN Security Council sanctions against Bank Sepah have made Western financial institutions more cautious and many have reduced services.

 

16. Technocrats in the oil industry are especially concerned. The health of the sector - which provides 50% of government income - is an indicator of overall economic performance. At present, projects lie stalled and foreign firms are increasingly reluctant to invest in Iran because of the political situation. As a result, and given the annual decline in production from some of the largest and ageing oil fields, Iran faces a real challenge simply to bring enough new production on stream to maintain stable production and export levels. In the current climate there is no prospect of Iran significantly increasing its small gas export volumes. Temporary solutions - such as turning to parastatal bodies and the Oil Stabilisation Fund to finance and deliver oil and domestic gas projects - continue to make the economy's structural problems worse medium term.


ANNEX II - 21 October 2003 "Tehran Declaration"

Joint statement at the end of a visit to the Islamic Republic of Iran by the Foreign Ministers of Britain, France and Germany

Tehran, October 21, 2003

1. Upon the invitation of the Government of the Islamic Republic of Iran, the Foreign Ministers of Britain, France and Germany paid a visit to Tehran on 21 October 2003. The Iranian authorities and the Ministers, following extensive consultations, agreed on measures aimed at the settlement of all outstanding IAEA issues with regard to the Iranian nuclear programme and at enhancing confidence for peaceful cooperation in the nuclear field.

2. The Iranian authorities reaffirmed that nuclear weapons have no place in Iran's defence doctrine and that its nuclear programme and activities have been exclusively in the peaceful domain. They reiterated Iran's commitment to the nuclear non-proliferation regime, and informed the Ministers that:

a) The Iranian Government has decided to engage in full cooperation with the IAEA to address and resolve, through full transparency, all requirements and outstanding issues of the Agency, and clarify and correct any possible failures and deficiencies within the IAEA.

b) To promote confidence with a view to removing existing barriers for cooperation in the nuclear field:

(i) Having received the necessary clarifications, the Iranian Government has decided to sign the IAEA Additional Protocol, and commence ratification procedures. As a confirmation of its good intentions, the Iranian Government will continue to cooperate with the Agency in accordance with the Protocol in advance of its ratification.

(ii) While Iran has a right within the nuclear non-proliferation regime to develop nuclear energy for peaceful purposes, it has decided voluntarily to suspend all uranium enrichment and reprocessing activities as defined by the IAEA.

3. The Foreign Ministers of Britain, France and Germany welcomed the decisions of the Iranian Government and informed the Iranian authorities that:

a) Their Governments recognize the right of Iran to enjoy peaceful use of nuclear energy in accordance with the NPT.

b) In their view, the Additional Protocol is in no way intended to undermine the sovereignty, national dignity or national security of its States Parties.

c) In their view, the full implementation of Iran's decisions, confirmed by the IAEA Director-General, should enable the immediate situation to be resolved by the IAEA Board.

d) The three Governments believe that this will open the way to a dialogue on a basis for longer-term cooperation, which will provide all parties with satisfactory assurances relating to Iran's nuclear power generation programme. Once international concerns, including those of the three Governments, are fully resolved, Iran could expect easier access to modern technology and supplies in a range of areas.

(e) They will cooperate with Iran to promote security and stability in the region, including the establishment of a zone free from weapons of mass destruction in the Middle East in accordance with the objectives of the United Nations.


ANNEX III - 15 November 2004 "Paris Agreement"

"Paris Agreement" between the Islamic Republic of Iran and France, Germany and the United Kingdom, with the support of the High Representative of the European Union

 

The Government of the Islamic Republic of Iran and the Governments of France, Germany and the United Kingdom, with the support of the High Representative of the European Union (E3/EU), reaffirm the commitments in the Tehran Agreed Statement of 21 October 2003 and have decided to move forward, building on that agreement.

 

The E3/EU and Iran reaffirm their commitment to the NPT.

The E3/EU recognise Iran's rights under the NPT exercised in conformity with its obligations under the Treaty, without discrimination.

Iran reaffirms that, in accordance with Article II of the NPT, it does not and will not seek to acquire nuclear weapons. It commits itself to full cooperation and transparency with the IAEA. Iran will continue to implement the Additional Protocol voluntarily pending ratification.

 

To build further confidence, Iran has decided, on a voluntary basis, to continue and extend its suspension to include all enrichment related and reprocessing activities, and specifically: the manufacture and import of gas centrifuges and their components; the assembly, installation, testing or operation of gas centrifuges; work to undertake any plutonium separation, or to construct or operate any plutonium separation installation; and all tests or production at any uranium conversion installation. The IAEA will be notified of this suspension and invited to verify and monitor it. The suspension will be implemented in time for the IAEA to confirm before the November Board that it has been put into effect. The suspension will be sustained while negotiations proceed on a mutually acceptable agreement on long-term arrangements.

 

The E3/EU recognize that this suspension is a voluntary confidence building measure and not a legal obligation.

 

Sustaining the suspension, while negotiations on a long-term agreement are under way, will be essential for the continuation of the overall process. In the context of this suspension, the E3/EU and Iran have agreed to begin negotiations, with a view to reaching a mutually acceptable agreement on long term arrangements. The agreement will provide objective guarantees that Iran's nuclear programme is exclusively for peaceful purposes. It will equally provide firm guarantees on nuclear, technological and economic cooperation and firm commitments on security issues.

 


A steering committee will meet to launch these negotiations in the first half of December 2004 and will set up working groups on political and security issues, technology and cooperation, and nuclear issues. The steering committee shall meet again within three months to receive progress reports from the working groups and to move ahead with projects and/or measures that can be implemented in advance of an overall agreement.

 

In the context of the present agreement and noting the progress that has been made in resolving outstanding issues, the E3/EU will henceforth support the Director General reporting to the IAEA Board as he considers appropriate in the framework of the implementation of Iran's Safeguards Agreement and Additional Protocol.

 

The E3/EU will support the IAEA Director General inviting Iran to join the Expert Group on Multilateral Approaches to the Nuclear Fuel Cycle.

 

Once suspension has been verified, the negotiations with the EU on a Trade and Cooperation Agreement will resume. The E3/EU will actively support the opening of Iranian accession negotiations at the WTO.

 

Irrespective of progress on the nuclear issue, the E3/EU and Iran confirm their determination to combat terrorism, including the activities of Al Qa'ida and other terrorist groups such as the MeK. They also confirm their continued support for the political process in Iraq aimed at establishing a constitutionally elected Government.

 

 

15 Nov 2004


ANNEX IV - 5 August 2005 E3/EU Proposal

 

 

FRAMEWORK FOR A

LONG-TERM AGREEMENT

 

BETWEEN

 

THE ISLAMIC REPUBLIC OF IRAN

 

AND

 

FRANCE, GERMANY & THE UNITED KINGDOM,

WITH THE SUPPORT OF THE HIGH REPRESENTATIVE

OF THE EUROPEAN UNION

 

 


 

I. PREAMBLE

 

1. The introduction would provide the political chapeau for the overall agreement, setting out the principles on which a long-term relationship between the E3/EU and Iran would be based. The E3/EU propose that it should comprise the following elements.

 

2. The E3/EU and Iran would:

 

a. stress the importance of developing relations of trust and co-operation between the E3/EU and Iran for the preservation of international peace and stability;

 

b. define the relationship between the E3/EU process and the EU/Iran negotiations on a Political Dialogue Agreement and a Trade & Co-operation Agreement as complementary and mutually reinforcing;

 

c. commit themselves to establishing a long-term relationship in the security and political field based upon shared principles and conditional on both sides' adherence to all the principles and commitments set out in the overall agreement;

 

d. welcome Iran's commitment that, in accordance with Article II of the Treaty on the Non Proliferation of Nuclear Weapons, it does not and will not seek to acquire nuclear weapons or other weapons of mass destruction;

 

e. recall that Article IV of the Treaty on the Non Proliferation of Nuclear Weapons stipulates that nothing in the Treaty shall be interpreted as affecting the inalienable rights of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the Treaty;

 

f. affirm that a final agreement on long-term arrangements providing objective guarantees that Iran's nuclear programme is exclusively for peaceful purposes would lead immediately to a higher state of relations based on a process of collaboration in different areas;

 

g. underline their determination to strengthen their long-term relationship through an enhanced programme of economic and technological co-operation, particularly through early completion of negotiations between Iran and the European Union on a Trade & Co-operation Agreement, and the associated Political Dialogue Agreement.

 

 

II.
POLITICAL AND SECURITY CO-OPERATION

 

GENERAL PRINCIPLES

 

3. This section would define the principles on which the long-term relationship would be based. The E3 and Iran would reaffirm their commitment to the Charter of the United Nations, and recall the United Nations Millennium Declaration and other appropriate international instruments. The E3/EU propose that, within the context of an overall agreement, this section could include, inter alia, the following mutual commitments in conformity with the Charter of the United Nations:

 

a. to fulfil in good faith obligations in accordance with the Charter of the United Nations, under the generally recognised principles and rules of international law, and under relevant international agreements;

 

b. to the principle of the resolution of disputes by peaceful means and in conformity with the principles of justice and international law;

 

c. to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state or in any other manner inconsistent with the Purposes of the United Nations;

 

d. to the principle of the sovereign equality of all States;

 

e. to co-operation between States in the various spheres of international relations;

 

f. to promote respect for and observance and protection of human rights and fundamental freedoms for all without distinction of any kind;

 

g. to affirm their commitment to prohibiting discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; and

 

h. to establish conditions under which justice and respect for States' obligations under treaties and international law can be maintained;

 

4. Within the context of an overall agreement and Iran's fulfilment of its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the United Kingdom and France would be prepared to reaffirm to Iran the unilateral security assurances given on 6 April 1995, and referred to in United Nations Security Council Resolution 984 (1995). Specifically:

 

a. the United Kingdom and the French Republic would reaffirm to Iran that they will not use nuclear weapons against non-nuclear-weapon States Parties to the Treaty on the Non-Proliferation of Nuclear Weapons except in the case of an invasion or any attack on them, their dependent territories, their armed forces or other troops, their allies or on a State towards which they have a security commitment, carried out or sustained by such a non-nuclear-weapon State in association or alliance with a nuclear-weapon State; and

 

b. the United Kingdom and the French Republic would recall and reaffirm their intention, as Permanent Members of the Security Council, to seek immediate Security Council action to provide assistance, in accordance with the Charter, to any non-nuclear weapon State, party to Treaty on the Non-Proliferation of Nuclear Weapons, that is a victim of an act of aggression or an object of a threat of aggression in which nuclear weapons are used.

 

 

AREAS OF CO-OPERATION OF SPECIAL INTEREST

 

5. As part of an overall agreement the E3/EU propose that both parties should make commitments in the following areas.

 

Non-proliferation

 

6. The E3/EU and Iran would:

 

a. recall the statement of the President of the United Nations Security Council on 31 January 1992 and United Nations Security Council Resolution 1540 (2004) and reaffirm that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security; express grave concern that illicit trafficking in nuclear, chemical and biological weapons, as well as their means of delivery and related materials, which adds a new dimension to the issue of proliferation of such weapons and also poses a threat to international peace and security; co-operate to take appropriate and effective measures against such activities; and stress the importance of effective national export controls;

 

b. reaffirm their commitment to abide by security and non-proliferation treaties to which they are party, and recall the need for more consistent monitoring, effective implementation and, where necessary, firmer enforcement of such treaties;

 

c. stress the importance of universal adherence to and full implementation of and compliance with disarmament and non-proliferation treaties and of the full implementation of the IAEA safeguards agreements and additional protocols; work towards the conclusion of a Fissile Material Cut-Off Treaty; where it has not already been done, conclude an Additional Protocol; become party to the Comprehensive Nuclear Test Ban Treaty; and subscribe to the Hague International Code of Conduct against Ballistic Missile Proliferation;

 

d. reaffirm their commitment to the objective of an effectively verifiable Middle East zone free of weapons of mass destruction, nuclear, biological and chemical, and their means of delivery, consistent with the resolution on the Middle-East adopted at the 1995 NPT review and extension conference, United Nations Security Council Resolution 687 (1991), and the relevant resolutions of the United Nations General Assembly.

 

e. confirm that the prevention of proliferation of WMD should not hamper international co-operation for peaceful purposes, in accordance with the relevant international obligations, while underlining that the goal of peaceful utilisation must not be used as a cover for proliferation.

 

Regional security

 

7. The E3/EU recognise that they share a number of specific security concerns and interests with Iran and the important role Iran can potentially play in ensuring regional security and stability. As part of an overall agreement, the E3/EU would welcome an expanded dialogue and relationship on these issues. To this end, the E3/EU would, as part of an overall agreement, commit to working with Iran to encourage confidence-building measures and regional security arrangements. Such discussions would take place in close consultation with all the States of the region. The E3/EU and Iran would recognise that any regional security arrangements must take account of the legitimate interests of all the countries in the region, thus contributing to the stability and security of the region as a whole.

 

8. In this context, the E3/EU would recall their and Iran's past and present contributions to the reconstruction of Afghanistan and Iraq, and reaffirm their determination to strengthen co-operation in these areas, and to work together to support the political process in both these countries with the goal of establishing democratic and stable states, based on the rule of law, which coexist with their neighbours, and by preventing any support and encouragement for groups that use violence for political ends.

 

Terrorism

 

9. The E3/EU and Iran would commit themselves to supporting the declaration on terrorism proposed by the Secretary General for the United Nations Millennium Summit, recognising that this definition might evolve before or during the Summit itself. This states that 'the targeting and deliberate killing of civilians and non-combatants cannot be justified or legitimised by any cause or grievance, and ... that any action which is intended to cause death or serious bodily harm to civilians or non-combatants, when the purpose of such an act, by its nature or context, is to intimidate a population or to compel a government or an international organisation to do or to abstain from any act constitutes an act of terrorism'. To this end, the E3/EU and Iran would commit themselves to:

 

a. combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts;

 

b. complement international co-operation by taking additional measures to prevent and suppress, through all lawful means, the financing and preparation of any act of terrorism, in the framework of full implementation of United Nations Security Council Resolution 1373; and

 

c. refrain from organising, instigating, assisting or participating in terrorist acts in another State or acquiescing in organised activities in their territories directed towards the commission of such acts.

 

Combating drug trafficking

 

10. The E3/EU recognise that Iran has been and will continue to be a key international partner for the EU in stemming the flow of opiates to Europe and therefore commit to developing co-operation on issues related to: illicit drug production, drug trafficking, chemical precursors trafficking, money-laundering, drug demand reduction, preventative and educational measures, treatment and rehabilitation of drug abusers, and assistance in drafting national legislation.

 

11. In support of this goal the E3/EU will:

 

a. actively support efforts to establish an EU Action Plan with Iran, building on the 'EU commitments to action';

 

b. actively support international programmes designed to tackle Iran's drug problem;

 

c. take steps with Iran to implement joint projects in close consultation with Afghanistan and Iraq to establish border police structures, training of police officers and border management. As a first step, the E3/EU will focus their co-operation on enhancing capacities for Afghan/Iranian co-operation in the fields of cross-border police co-operation, intensified communication on both sides of the border, as well as the training of customs officers, and on the development of projects on demand and harm reduction in Iran.

 

 

IMPLEMENTATION MECHANISM

 

12. In the course of the negotiation the E3/EU and Iran would establish an appropriate consultation and co-operation mechanism with a view to developing a long-term relationship on political and security issues, taking into account the continuing EU-Iran negotiations on a Political Dialogue Agreement.

 

13. To this end, the E3/EU propose the creation of a high-level committee on political and security issues, which would be made up of representatives from respective Foreign Affairs and Defence authorities. This Committee, which would meet periodically, would review progress on this part of the agreement and provide a forum for discussing issues of regional, international and mutual interest. The Committee would report regularly to the appropriate EU bodies and to the Government of Iran.

 

III.
LONG-TERM SUPPORT FOR IRAN'S CIVIL NUCLEAR PROGRAMME

 

PRINCIPLES

 

14. The E3/EU recognise Iran's rights under Article IV of the NPT to develop research, production and use of nuclear energy without discrimination in conformity with its obligations under the NPT.

 

15. The E3/EU recognise Iran's right to develop a civil nuclear power generation programme to reduce its dependence on oil and gas and to choose the most appropriate mix of energy sources to meet its needs as it perceives them, consistent with its international obligations.

 

16. The E3/EU therefore declare, within the context of an overall agreement and a mutually acceptable agreement on long-term arrangements, their willingness to support Iran to develop a safe, economically viable and proliferation-proof civil nuclear power generation and research programme that conforms with its energy needs.

 

17. The E3/EU fully support long-term co-operation in the civil nuclear field between Iran and Russia.

 

FRAMEWORK

 

18. Within the context of an overall agreement, co-operation between the E3/EU and Iran in the civil nuclear field would move forward within the following framework:

 

a. Iran would have access to the international nuclear technologies market where contracts are awarded on the basis of open competitive tendering, recognising the right of companies to determine their own commercial strategies and choices;

 

b. co-operation would be conditional on Iran's full implementation of its relevant international obligations and commitments, including the long-term arrangements agreed between the E3/EU and Iran, resolution by the IAEA of all questions raised under Iran's Safeguards Agreement and Additional Protocol, and continued co-operation with the IAEA;

 

c. under United Nations Security Council Resolution 1540, and based on respective national, European and international norms, the E3/EU and Iran are obliged to implement export controls. The E3 would commit themselves to implementing these controls in a non-discriminatory way, bearing in mind the new context that would be created by the confidence building measures and commitments undertaken by Iran under an overall agreement.


IRANIAN ACCESS TO THE INTERNATIONAL NUCLEAR FUEL MARKET AND CO-OPERATION IN NUCLEAR ENERGY

 

19. In line with these principles, and in the context of an overall agreement and growing confidence between the E3/EU and Iran, the E3 would support the development of Iran's civil nuclear programme in the following areas:

 

a. in the field of civil nuclear research through implementation of the E3/EU's offer of an expert mission to help identify the requirement for a research reactor in Iran and how best to meet that requirement. The E3/EU would ensure Iran faced no discriminatory obstacles to filling the requirements jointly identified; and

 

b. in other fields of peaceful use of nuclear energy, excluding fuel-cycle related activity, the E3/EU would commit themselves not to impede participation in open competitive tendering.

 

20. The E3 Governments also support the development of co-operation in the following main areas, to be included in a final agreement:

 

a. in fields such as radio-isotope production, basic research and the peaceful use of nuclear energy in the fields of medicine and agriculture, subject to further expert discussion between the two sides;

 

b. in establishing co-operation between regulatory authorities in the E3/EU and Iran and the IAEA in order to assist with the design and implementation of international standard nuclear safety and security regimes. This could include formalised co-operation between regulators to share developed expertise and offering advice on security aspects such as the implementation of the Convention on the Physical Protection of Nuclear Materials, after Iran's accession to the Convention in its amended version. These areas of co-operation could be refined during the proposed visit of Iranian experts to the E3/EU.

 

21. To this end, the E3/EU will actively support commencement of negotiations on an agreement between EURATOM and Iran. This would create a framework for closer co-operation between Iran and all EU Member States.


FUEL ASSURANCES

 

22. The E3/EU recognise that Iran should have sustained access to nuclear fuel for the Light Water Reactors forming Iran's civil nuclear industry. These arrangements are currently provided for through bilateral agreements and contracts with states/companies with which it is engaged in nuclear co-operation. The E3/EU note that under the Iran/Russia agreement on nuclear co-operation, Russia has committed itself formally to supplying nuclear fuel for the life-time of Russian-built reactors in Iran. But the E3/EU stand ready to explore additional ideas in this context.

 

23. In order to provide Iran with additional assurances that external supplies of fuel could be relied upon in the long term, the E3/EU would propose to develop with Iran a framework which would provide such assurance, without prejudicing any future multilateral arrangements developed under IAEA auspices.

 

24. Both the E3/EU and Iran would aim to have IAEA (or possibly other international) endorsement for any framework developed, and the IAEA might be invited to monitor the operation of the mechanism and certify its operation on objective principles.

 

25. Any fuel provided would be under normal market conditions and commercial contracts and subject to proliferation proof arrangements being agreed for safety, transport and security of the fuel, including the return of all spent fuel.

 

26. The framework could involve a combination of the following mutually reinforcing measures:

 

a. E3/EU - Iran ad hoc mechanism

 

27. This would involve establishment of a specific mechanism to be agreed between the E3/EU and Iran should the contracted supplier not be in a position to provide the fuel pursuant to its agreements with Iran for non-commercial reasons not connected with proliferation or safeguards related concerns and Iran faced serious difficulty in procuring the nuclear fuel necessary for the safe and sustained functioning of its Light Water reactors. In such an event, the E3/EU and Iran would immediately convene an ad hoc senior officials meeting to assess the situation, and identify and review relevant measures. The E3/EU Governments would, in parallel convene a meeting with relevant companies to review what action could be taken to avoid any shortage of energy. The IAEA could, as appropriate, be invited to such meetings for advisory purposes.

 

28. The mechanism might seek initially to restore fuel supplies from the contracted supplier. If this was not possible, it could seek to identify an alternative fabricator capable of producing the required design of reactor fuel. If no such fabricator could be identified, possibilities would be investigated to establish and licence a new fabrication line, outside Iran, able to meet the future fuel supply needs at market prices. Any such alternative supply mechanism would be dependent on satisfactory arrangements being established for long-term management of spent fuel outside Iran.

 

29. The E3/EU would commit themselves to exploring ways with industry to provide assured enrichment services at market prices for fuel fabrication outside Iran if the usual enrichment services provider were unable to meet its contractual obligations for non-commercial reasons; how such a commitment would be formally presented remains to be defined.

 

b. Establishment of a buffer store

30. In order to provide the necessary time for a solution to be found through the E3/EU - Iran ad hoc mechanism without adversely impacting the operation of Iran's nuclear power reactors, the E3/EU commit themselves to assisting in the establishment of a buffer store of fuel, sufficient to maintain supplies at the contracted rate for a period of 5 years. This store would be physically located in a mutually acceptable third country, and would be available to draw from while long-term arrangements are put in place. The E3/EU would welcome early discussion with Iran on establishment, maintenance and use of the buffer store.

 

c. Multilateral arrangements

 

31. The E3/EU and Iran would engage with the IAEA and others to develop international mechanisms following on from the ideas identified in the "Multilateral Nuclear Approaches" report on security of fuel supply.


CONFIDENCE BUILDING

 

32. The E3/EU reaffirm Iran's inalienable right to the peaceful use of nuclear energy, exercised in conformity with the NPT. In this context, the support of E3 countries for expanding international co-operation in Iran's civil nuclear sector and for the development of a safe, economically viable and proliferation proof civil nuclear power generation and research programme will present Iran with new opportunities.

 

33. Effective long-term co-operation between Iran and the international community in the civil nuclear field along the lines set out in this document will, however, require the continued building of confidence over a significant period.

 

34. As Iran will have an assured supply of fuel over the coming years, it will be able to provide the confidence needed by making a binding commitment not to pursue fuel cycle activities other than the construction and operation of light water power and research reactors. This commitment would be reviewed jointly in line with the review mechanism envisaged in Paragraph 58.

 

35. The E3/EU would expect Iran to invite the IAEA to agree a mechanism to verify the implementation of the final agreement.

 

36. As an essential element of this mechanism for international confidence building, Iran would undertake to:

 

a. make a legally binding commitment not to withdraw from the NPT and to keep all Iranian nuclear facilities under IAEA safeguards under all circumstances;

 

b. ratify its Additional Protocol, in accordance with its existing commitment, by the end of 2005;

 

c. in the meantime, fully implement the Additional Protocol pending its ratification and to co-operate proactively and in a transparent manner with the IAEA to solve all outstanding issues pursuant to the Safeguards Agreement and Additional Protocol including by allowing IAEA inspectors to visit any site or interview any person they deem relevant to their monitoring of nuclear activity in Iran; and

 

d. agree arrangements for the supply of fresh fuel from outside Iran and commit to returning all spent fuel elements of Iranian reactors to the original supplier immediately after the minimum cooling down period necessary for transportation.

 

37. In line with IAEA Board Resolutions, the E3/EU would also expect Iran to stop construction of its Heavy Water Research Reactor at Arak, which gives rise to proliferation concerns. The E3/EU repeat their existing offer to send an expert mission to Iran to help identify research requirements and the most suitable type of equipment to meet those requirements.

 

38. The E3/EU would work with Iran to establish a group to identify alternative uses for the equipment, installations, facilities and materials whose use, construction, testing or development would not form part of Iran's long-term civil nuclear industry. The group could consider alternative areas of employment for the scientists, technicians and workers currently employed in these facilities.

 

 

CONSULTATION MECHANISM

 

39. The E3/EU and Iran would conduct regular consultations on the peaceful uses of nuclear energy and the development of the Iranian civil nuclear programme through a specific consultation mechanism to be agreed.

 

IV.
ECONOMIC AND TECHNOLOGICAL CO-OPERATION

 

PRINCIPLES

 

40. The E3/EU consider that an overall agreement would lead to the development of a programme of economic and technological co-operation with Iran, complementing the envisaged EC/Iran Trade & Co-operation Agreement, which will constitute the main vehicle for the long-term development of economic relations between Europe and Iran.

 

 

ENERGY CO-OPERATION

 

41. The E3/EU would recognise the fundamental importance of energy co-operation to their long-term relationship with Iran. As part of an overall agreement:

 

a. the E3/EU and the European Commission would be prepared to issue a policy declaration that they regard Iran as a long-term source of fossil energy for the European Union and recognise the growing importance of Iranian gas supplies to Europe in the coming years;

 

b. the E3/EU and the European Commission would commit to developing a strategic energy partnership through the Trade and Co-operation Agreement and in this context through the High Level Working Group on Energy;

 

c. in the context of the High Level Working Group on Energy and in the framework of the Memorandum of Understanding of 19 October 2002 between the European Commission and the Iranian Ministry of Petroleum on co-operation in the energy sector, the European Commission would explore the possibility of opening the EU-Iran Management and Technology Centre with a view to commissioning joint studies on areas in which the EU and Iran can develop co-operation in the energy sector as well as providing technical support for the implementation of the policy declaration mentioned in Paragraph 41a;

 

d. the E3/EU and Iran, as well as the Commission, would discuss possible future oil and gas pipeline projects.

 

 

PROMOTION OF TRADE AND INVESTMENT

 

42. The E3/EU recognise the importance of the proposed EC/Iran Trade & Co-operation Agreement to developing the long-term commercial and economic relationship between the EU and Iran, noting that this will facilitate market access, promote commercial exchanges, and open up a wide range of further co-operation activities in the economic, commercial and other fields.

 

43. As part of any overall agreement the E3/EU would therefore commit themselves to working to bring the current negotiations between Iran and the European Community on a Trade & Co-operation Agreement, and the associated Political Dialogue Agreement, to an early conclusion.

 

44. The E3/EU and Iran would agree to continue and strengthen mutually beneficial practices in the areas of export credits and investment guarantees, particularly in light of the additional confidence that an overall agreement and a closer political and economic relationship would give to investors and export credit agencies alike.

 

 

WTO ACCESSION

 

45. The E3/EU welcome Iran's successful application to open WTO accession talks, recalling that this has been a significant benefit of the dialogue initiated by the Paris Agreement.

 

46. The E3/EU confirm their continued political support for Iranian accession to the WTO and their willingness to offer technical support to assist Iran in making the necessary technical adjustments to its economy. Working with the WTO Secretariat and Commission, the E3 would agree to offer assistance to help Iran with WTO compliance, including on tariff structures, technical barriers to trade, rules of origin, intellectual property, and other areas as appropriate.

 

 

PROMOTING TRADE AND TRANSFER OF TECHNOLOGY: EXPORT CONTROLS

 

47. The E3/EU note that enhanced confidence regarding the civilian end-use of goods transferred to Iran, including through the establishment of export control systems, would facilitate decisions on individual licences. The E3/EU also recognise that effective export control systems will make a significant contribution to developing mutually beneficial economic relations and state that they apply international export control regimes and respective national and European regulations on a non-discriminatory basis. The E3/EU therefore agree to convene a joint export control workshop in Tehran, which would allow for exchanges on the implementation of United Nations Security Council Resolution 1540 and national/EC laws.

 

48. As a follow up the E3/EU is also prepared to offer support to Iran in establishing an efficient system of export controls.

 

49. Civil aviation. The E3/EU would continue to promote the sale of aircraft parts to Iran and be willing to enter into discussion about open procurement of the sale of civil passenger aircraft to Iran.

 

 

SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION

 

50. Recognising the benefits of scientific and academic co-operation to both sides, the E3/EU commit to developing long-term scientific co-operation with Iran.

 

51. In this context, the European Union, through the Commission, would agree to send an expert team to Iran to draw up Iran's 'Scientific Profile', within the context of the EC/Iran Trade & Co-operation Agreement.

 

52. The E3/EU would agree to facilitate Iran's access to advanced technologies, respecting national law and international commitments regarding export control; they would strengthen existing and encourage new scientific co-operation between scientists, universities and scientific institutes. This co-operation should cover both fundamental and applied research.

 

53. In the field of environmental technologies, the E3/EU would be prepared to develop co-operation with Iran in the fields of water supply, waste management, protection of natural habitats and preparedness for natural disasters.

 

54. In the field of communications and information technology, the E3/EU would be prepared to co-operate with Iran to improve internet connection stability.

 

55. The E3/EU would also be interested in developing and deepening co-operation with Iran through relevant international fora, particularly in the field of air pollution.

 

56. Education and vocational training. The E3/EU would be prepared, through their relevant agencies, to co-operate with Iran in developing its system of vocational education.

 

 

BUILDING A STRUCTURE OF ECONOMIC AND TECHNOLOGICAL CO‑OPERATION

 

57. The E3/EU and Iran would look to invigorate co-operation through a mechanism, to be agreed, to complement any wider EU/Iran structures agreed under the Trade & Co-operation Agreement, and cover other areas of mutual interest, although of lower priority than those set out above, including but not exclusively:

 

- Air transport safety. The E3/EU would co-operate in the fields of air traffic management, certification, accident, investigation and airport security.

 

- Railway transport. The E3/EU would co-operate with Iran in establishing a transport master plan; they will encourage and support co-operation with Iran in the area of railway rolling stock, signalling and high speed technology.

 

- Maritime transport. The E3/EU would facilitate the negotiation of a maritime transport agreement with Iran.

 

- Seismology and seismic mapping. The E3 would, through their relevant institutions contribute to a seismic mapping exercise, with a focus on the most densely populated areas of Iran and work to develop co-operation in the fields of risk and disaster management.

 

- Infrastructure. The E3/EU would facilitate access to European technology related to constructing earthquake resistant buildings.

 

- Agriculture and food industry. The E3/EU would be prepared to offer co-operation in ecological agriculture, including natural herbicides and pesticides, food safety; and the regulations and trade aspects of sanitary and phytosanitary standards.

 

- Tourism. The E3/EU would be prepared to assist Iran in developing its reputation as a tourist destination and support co-operation in the development of new tourist resorts.

 

 

V. REVIEW MECHANISM

 

58. The E3/EU and Iran would agree to implement the agreement in good faith. The agreement would be subject to review, at Ministerial level, every ten years. Any change to these arrangements would be subject to explicit agreement by both the E3/EU and Iran.

 

59. The E3/EU would be willing to circulate the final agreement as an IAEA Information Circular (INFCIRC) and UN Document for information and with a view to possible endorsement by the international community.


ANNEX V - 6 June 2006 E3+3 Proposal

 

ELEMENTS OF A LONG TERM AGREEMENT

 

Our goal is to develop relations and cooperation with Iran based on mutual respect and the establishment of international confidence in the exclusively peaceful nature of Iran's nuclear programme. We propose a fresh start in negotiations of a comprehensive agreement with Iran. Such an agreement would be deposited with the IAEA and endorsed in a Security Council resolution.

 

To create the right conditions for negotiations:

 

We will:

 

- reaffirm Iran's right to develop nuclear energy for peaceful purposes in conformity with its NPT obligations, and in this context reaffirm their support for the development by Iran of a civil nuclear energy programme;

- commit to actively support the building of new light water reactors in Iran through international joint projects, in accordance with the IAEA Statute and the NPT.

- agree to suspend discussion of Iran's nuclear programme at the Security Council on resumption of negotiations.

 

Iran will:

 

- commit to addressing all the outstanding concerns of the IAEA through full cooperation with the IAEA;

- suspend all enrichment-related and reprocessing activities to be verified by the IAEA, as requested by the IAEA Board of Governors and the UN Security Council, and commit to continue this during these negotiations; and

- resume implementation of the Additional Protocol;

 

AREAS OF FUTURE COOPERATION TO BE COVERED IN NEGOTIATIONS ON A LONG TERM AGREEMENT

 

NUCLEAR

 

We will take the following steps:

 

Iran's Rights to Nuclear Energy

 

- reaffirm Iran's inalienable right to nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the NPT, and co-operate with Iran in the development by Iran of a civil nuclear power programme.

 

- negotiate and implement a Euratom/Iran nuclear cooperation agreement.

 

 

 

 

Light Water Reactors:

 

- actively support the building of new light water power reactors in Iran through international joint projects, in accordance with the IAEA Statute and the NPT, using state-of-the art technology, including by authorising the transfer of necessary goods and the provision of advanced technology to make its power reactors safe against earthquakes.

- provide co-operation with the management of spent nuclear fuel and radioactive waste through appropriate arrangements.

 

Research & Development in Nuclear Energy

 

- provide a substantive package of research and development co-operation, including possible provision of light water research reactors, notably in the fields of radioisotope production, basic research and nuclear applications in medicine and agriculture.

 

Fuel Guarantees

 

- give legally binding, multi-layered fuel assurances to Iran, based on:

· participation as a partner in an international facility in Russia to provide enrichment services for a reliable supply of fuel to Iran's nuclear reactors. Subject to negotiations, such a facility could enrich all the UF6 produced in Iran.

· establishment on commercial terms of a buffer stock to hold a reserve of up to 5 years' supply of nuclear fuel dedicated to Iran, with participation and under supervision of the IAEA.

· development of a standing multilateral mechanism for reliable access to nuclear fuel with the IAEA based on ideas to be considered at the next Board of Governors.

Review of Moratorium

 

The long-term agreement would, with regard to common efforts to build international confidence, include a clause for review of the agreement in all its aspects, to follow :

 

- confirmation by the IAEA that all outstanding issues and concerns reported by the IAEA, including those activities which could have a military nuclear dimension, have been resolved; and

 

- confirmation that there are no undeclared nuclear activities or materials in Iran and that international confidence in the exclusively peaceful nature of Iran's civil nuclear programme has been restored.

 

 

 

 

 

 

 

POLITICAL AND ECONOMIC

 

Regional Security Co-operation

 

Support for a new conference to promote dialogue and cooperation on regional security issues.

 

International Trade & Investment

 

Improving Iran's access to the international economy, markets and capital, through practical support for full integration into international structures, including the WTO, and to create the framework for increased direct investment in Iran and trade with Iran (including a Trade and Economic Cooperation Agreement with EU). Steps would be taken to improve access to key goods and technology.

 

Civil Aviation

 

Civil aviation cooperation, including the possible removal of restrictions on US and European manufacturers, from exporting civil aircraft to Iran, thereby widening the prospect of Iran renewing its fleet of civil airliners.

 

Energy Partnership

 

Establishment of a long-term energy partnership between Iran and the EU and other willing partners, with concrete and practical applications.

 

Telecommunications Infrastructure

 

Support for the modernisation of Iran's telecommunication infrastructure and advanced internet provision, including by possible removal of relevant US and other export restrictions.

 

High Technology Co-operation

 

Co-operation in fields of high technology and other areas to be agreed.

 

Agriculture

 

Support for agricultural development in Iran, including possible access to US and European agricultural products, technology and farm equipment.

 

6 June 2006

 


ANNEX VI - Glossary

 

 

Additional Protocol - a set of provisions additional to an existing safeguards agreement, which, if agreed, requires states to provide IAEA inspectors with greater levels of information and access.

AEOI - Atomic Energy Organisation of Iran

AP - see Additional Protocol.

AUC - Ammonium Uranyl Carbonate

AVLIS - Atomic Vapour Laser Isotope Separation

BNPP-1 - Bushehr Nuclear Power Plant 1

BTWC - Biological and Toxin Weapons Convention

Code 3.1 - Part of the Subsidiary Arrangements of the CSA. The amended version, which Iran accepted in 2004 but then declared to be suspended in 2007, requires submission of information additional to that required by the original 1976 version.

Complementary Access - Access to relevant sites provided by a state to IAEA inspectors, in accordance with the provisions of an Additional Protocol

CRC - Convention on the Rights of the Child

CSA - Comprehensive Safeguards Agreement, i.e. an agreement that applies safeguards on all nuclear material in all nuclear activities in a state (such as an agreement between the IAEA and a non-nuclear-weapon state party to the NPT)

CSL - Comprehensive Separation Laboratory, at TNRC

CVL - Copper Vapour Laser

CWC - Chemical Weapons Convention

DIV - Design Information Verification - an IAEA process of inspection to check whether actual facilities match up to appropriate previously declared designs

E3 - France, Germany, and the United Kingdom

E3/EU - France, Germany, and the United Kingdom, with the support of the High Representative of the European Union

E3+3 - France, Germany, and the United Kingdom, together with China, Russia and the United States, and with the support of the High Representative of the European Union

ENTC - Esfahan Nuclear Technology Centre

EU - The European Union

Euratom - The European Atomic Energy Community

FAC - The House of Commons Select Committee on Foreign Affairs

FEP - Fuel Enrichment Plant, at Natanz

FFL - Fuel Fabrication Laboratory, at ENTC

FMP - Fuel Manufacturing Plant, at ENTC

G8 - Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the United States

Green Salt - Uranium Tetrafluoride, also known as UF4

HWPP - Heavy Water Production Plant, at Arak

HWRR - Heavy Water Research Reactor, also known as IR-40, at Arak

IAEA - International Atomic Energy Agency

ICCPR - International Covenant on Civil and Political Rights

IR-40 - The 40MW Iran Nuclear Research Reactor, at Arak

IRGC - The Islamic Revolutionary Guard Corps

JHL - Jabr ibn Hayan Multipurpose Laboratories, at TNRC

LSL - Laser Spectroscopy Laboratory, at TNRC

Majles - The Iranian Parliament

MIX Facility - Molybdenum, Iodine and Xenon Radioisotope Production Facility, at TNRC

MLIS - Molecular Laser Isotope Separation

NCRI - National Council of Resistance of Iran - an Iranian opposition organisation

NPT - The Non-Proliferation Treaty, or more properly, the Treaty on the Non- Proliferation of Nuclear Weapons

Paris Agreement - between Iran and E3/EU on 15 November 2004 (see Annex III)

PFEP - Pilot Fuel Enrichment Plant, at Natanz

PHRC - Physics Research Centre, formerly at Lavizan-Shian

TCA - Trade and Cooperation Agreement

Tehran Declaration - Joint statement by E3 Foreign Ministers on 21 October 2003 (see Annex II)

TNRC - Tehran Nuclear Research Centre

TRR - Tehran Research Reactor, at TNRC

UCF - Uranium Conversion Facility, at ENTC

UF4 - Uranium Tetrafluoride, sometimes known as Green Salt

UF6 - Uranium Hexafluoride

UN - The United Nations

UNSC - The United Nations Security Council

UNSCR - United Nations Security Council Resolution

UO2 - Uranium Dioxide

UOC - Uranium Ore Concentrate, sometimes known as Yellowcake

WMD - Weapons of Mass Destruction, usually referring to Nuclear, Biological and Chemical Weapons

WTO - World Trade Organisation

Yellowcake - Uranium Ore Concentrate