Schumer starts by repeating the claim that “inspections are not ‘anywhere, anytime’; the 24-day delay before we can inspect is troubling.” This would be very troubling if it were true. It isn’t. The claim that inspections occur with a 24-day delay is the equivalent of Obamacare “death panels.” Remember those? A minor detail has been twisted into a bizarre caricature and repeated over and over until it becomes “true.”
Let’s get this straight. The agreement calls for continuous monitoring at all of Iran’s declared sites — that means all of the time — including centrifuge workshops, which are not safeguarded anywhere else in the world. Inspectors have immediate access to these sites.
That leaves the problem of possible undeclared sites. What happens when the International Atomic Energy Agency suspects that prohibited work is occurring at an undeclared site? This is the problem known as the “Ayatollah’s toilet.” It emerged from the challenge of inspecting presidential palaces in Iraq in the 1990s, which — despite the U.N. Special Commission’s demands for immediate access — the Iraqis argued were off-limits.
Far from giving Iran 24 days, the IAEA will need to give only 24 hours’notice before showing up at a suspicious site to take samples. Access could even be requested with as little as two hours’ notice, something that will be much more feasible now that Iran has agreed to let inspectors stay in-country for the long term. Iran is obligated to provide the IAEA access to all such sites — including, if it comes down to it, the Ayatollah’s porcelain throne.
But that’s not all. The Iran deal has a further safeguard for inspections at undeclared sites, the very provision that Schumer and other opponents are twisting. What happens if Iran tries to stall and refuses to provide access, on whatever grounds? There is a strict time limit on stalling. Iran must provide access within two weeks. If Iran refuses, the Joint Commission set up under the deal must decide within seven days whether to force access. Following a majority vote in the Joint Commission — where the United States and its allies constitute a majority bloc — Iran has three days to comply. If it doesn’t, it’s openly violating the deal, which would be grounds for the swift return of the international sanctions regime, known colloquially as the “snap back.”
This arrangement is much, much stronger than the normal safeguards agreement, which requires prompt access in theory but does not place time limits on dickering.
What opponents of the deal have done is add up all the time limits and claim that inspections will occur only after a 24-day pause. This is simply not true. Should the U.S. intelligence community catch the Iranians red-handed, it might be that the Iranians would drag things out as long as possible. But in such a case, the game would be over. Either the Iranians would never let the inspectors into the site, or its efforts to truck out documents or equipment, wash down the site, or bulldoze buildings, etc., would be highly visible. These tactics would crater the deal, with predictable consequences. (Schumer also takes a shot at the snap back. Say what you will about the probability of getting all parties to agree to reimpose sanctions, but agreements like this have never had such an enforcement provision before.)
Even if nefarious Iranian runarounds could be hidden, these efforts, over the course of a few weeks, would not suffice to hide environmental evidence of covert uranium enrichment. Schumer even admits as much. But, he insists, other weapons-related work, like high explosive testing without any nuclear materials, might go undetected.
This, too, is a specious objection. For comparison, opponents of this deal have spent enormous amounts of time demanding access to Iran’s Parchin facility, where precisely this sort of weaponization work appears to have taken place between 1996 and 2002. That was more than a decade ago. There is a certain tension between the claim that a few weeks is much too long and that access to a site 13 years after the fact is absolutely necessary. A person might get suspicious that these arguments aren’t to be taken at face value.
The simple truth is, some aspects of weapons work are hard to detect — no matter what. So what’s the alternative? To not prohibit that work? To permit Iran to do things like paper studies on nuclear weapons development because it’s hard to verify the prohibition? Again, that’s crazy. The Iran deal defines weapons work in far more detail than any previous agreement. That’s a good thing — and those of us who are skeptical of Iranian intentions should welcome it, not use it to attack the deal. The law insists that drug dealers pay their taxes. They don’t, but every now and again the feds put a gangster away for tax evasion. (Ask Al Capone.) Western intelligence services have shown considerable ingenuity in acquiring documents from Iran’s nuclear program. Even if it’s not guaranteed they would do so in the future, the prohibitions in the deal create additional opportunities to stop an illicit weapons program.