UN watchdog declares Iran in breach of nuclear non-proliferation duties

A flag with the logo of the International Atomic Energy Agency (IAEA) waves in front of the IAEA headquarters in Vienna, Austria, March 1, 2021.
A flag with the logo of the International Atomic Energy Agency (IAEA) waves in front of the IAEA headquarters in Vienna, Austria, March 1, 2021.

The UN nuclear watchdog's 35-nation Board of Governors passed a resolution on Thursday formally declaring Iran in breach of its non-proliferation obligations for the first time in almost 20 years.

The resolution cited Iran’s failure to cooperate with the investigations into undeclared nuclear material and activities, saying that Iran has not provided “technically credible explanations” for uranium traces found at several undeclared sites, despite multiple resolutions and years of outreach by the International Atomic Energy Agency (IAEA).

"(The board) finds that Iran's many failures to uphold its obligations since 2019 to provide the Agency with full and timely cooperation regarding undeclared nuclear material and activities at multiple undeclared locations in Iran ... constitutes non-compliance with its obligations under its Safeguards Agreement with the Agency," said the IAEA board resolution text seen by Reuters.

“The Board deeply regrets that, despite repeated calls from the Board and many opportunities offered, Iran has failed to cooperate fully with the Agency, as required by its Safeguards Agreement,” the four-page resolution added.

In its board-mandated comprehensive report published on May 31, the IAEA concluded that three of the four locations in question had been part of a previously undeclared, structured nuclear program conducted by Iran up until the early 2000s, and that some activities had involved the use of undeclared nuclear material.

Both US intelligence and the IAEA have long assessed that Iran operated a secret, coordinated nuclear weapons program that was halted in 2003, although limited activities are believed to have continued for several years after.

IAEA Director General Rafael Grossi said this week that the agency’s findings were broadly consistent with those assessments.

Iran continues to deny that it has ever pursued nuclear weapons.

Potential actionat UN Security Council

While the resolution does not immediately refer Iran to the UN Security Council, it opens the door for such a step, saying the matter is “within the competence” of the Council and that the Board will “address the timing and content” of a potential report to the UN.

The diplomats told Reuters that a second resolution would be required to make such a referral—similar to the process that followed the 2005 non-compliance declaration which led to a referral in February 2006.

Iran’s pattern of non-compliance

The text outlines a years-long pattern of obstruction and non-cooperation by Tehran. The IAEA added that Iran had repeatedly “sanitized locations” and “provided inaccurate explanations,” which the agency said appeared consistent with concealment efforts.

Specifically, the IAEA concluded that Iran had failed to declare nuclear material and related activities at three locations: Lavisan-Shian (Lavizan), Varamin, and Turquzabad. According to the agency, these sites were part of “an undeclared, structured program carried out by Iran until the early 2000s,” with some activities involving undeclared nuclear material.

“The Agency is not in a position to determine whether the nuclear material at these undeclared locations has been consumed, mixed with other declared material, or is still outside of safeguards,” the resolution said.

In a particularly stark passage, the resolution says Iran “retained unknown nuclear material and/or heavily contaminated equipment” at Turquzabad between 2009 and 2018, adding that these items were later removed and the whereabouts of which remain unknown.

IAEA warns against escalation

The resolution lays out urgent actions Tehran must take to avoid further escalation, including providing credible explanations for uranium particles found at undeclared sites, informing the IAEA of the current location of nuclear material and contaminated equipment, and allowing full access to relevant locations for sampling and inspection.

“The Board reaffirms its decision that it is essential and urgent… that Iran act to fulfil its legal obligations and clarify all outstanding Safeguards issues without delay,” it said.

The resolution stressed support for diplomacy: “The Board stresses its support for a diplomatic solution… including the talks between the United States and Iran,” and calls on all parties to constructively engage in diplomacy.

The resolution comes at a time of heightened tensions, with the US evacuating staff based in the Middle East, and Trump warning the region could become dangerous as Washington will not let Iran have nuclear weapons.

The report comes as US-Iran indirect talks appear to stall. The sixth round will be held on Sunday in Muscat, the Omani foreign minister said on Thursday.