Nuclear Issues

New sanctions imposed by the United Nations Security Council on September 11 in response to North Korea’s latest nuclear test are “not significant enough,” according to R. Nicholas Burns, an Atlantic Council board member who served as undersecretary of state for political affairs in the George W. Bush administration.

Sanctions must be part of a “patient long-term strategy” that includes deterrence, working closely with allies, and negotiations, said Burns, laying out the United States’ options for dealing with the North Korean crisis.  

The just-concluded fourth and final nuclear security summit saw some serious progress, but also some missed opportunities.

The most significant achievement to emerge from the 2014 Nuclear Security Summit was a pledge by 35 countries to observe the terms of a joint agreement, known as Strengthening Nuclear Security Implementation. This document committed the signatories to incorporate the principles and guidelines of the International Atomic Energy Agency (IAEA) regarding nuclear security into their national laws, and to allow teams of international experts to periodically evaluate their security procedures. Promoted strongly by the chairs of all three nuclear summits—the United States, South Korea, and the Netherlands— the 2014 initiative is an important step towards creating a robust global security system designed to prevent nuclear materials from falling into the hands of terrorists.

With the 2014 Nuclear Security Summit (NSS) now over, policymakers are thinking about next steps to address nuclear security. The NSS process has progressed since its first installment in 2010; yet, the Middle East, a key region where nuclear security is of tremendous importance, remains underrepresented.

Today, the United States and Japan announced that Japan would eliminate all the plutonium and highly-enriched uranium at its Fast Critical Assembly (FCA) at Tokai-mura.  This is a tremendous step forward for nuclear security; for terrorists, this would be some of the best material that exists in any non-nuclear-weapon state.  The material includes 331 kilograms of plutonium, most of it weapons-grade, and 214.5 kilograms of weapons-grade HEU.  (The FCA also includes over a ton of material just at the 20 percent U-235 mark that defines HEU.)   The weapons-grade HEU is enough for four simple terrorist “gun-type” bombs or a larger number of trickier-to-build implosion bombs.  The plutonium amounts to more than 40 bombs worth of material.

News broke yesterday that three prominent senators—Menendez (D-NJ), Kirk (R-IL), and Schumer (D-NY)—may introduce legislation this year that would impose new sanctions against Iran with a “deferred trigger.” That is, the new sanctions can be averted only if the Obama administration provides specific and difficult certifications every 30 days including that Iran is implementing the terms of the November 24 Joint Plan of Action and negotiating “in good faith” toward a final deal. Based on an advance copy of the “Nuclear Weapon Free Iran Act of 2013,” I summarize the substance of the draft legislation, including both the new proposed sanctions and the complicated set of presidential certifications and notifications to waive existing sanctions and suspend the additional sanctions.  In a second post, I examine the current legislative state of play and the likely administration objections to the draft legislation.

In the near term, the Obama administration does not yet need to engage Senators Menendez, Kirk, and Schumer on the details of their proposed Nuclear Weapon Free Act of 2013. The upcoming congressional recess and the protection of friendly senators (including Senate Majority Leader Harry Reid and Chairman of the Senate Banking and Finance Committee Tim Johnson) are likely to delay consideration of the bill for the time being. However, congressional support for sanctions legislation against Iran has strong bipartisan support, and pressure for additional legislation is likely to grow if – as seems likely – it becomes apparent in coming months that negotiations between the P5+1 and Iran on a final agreement are not faring well. In the event that the Obama administration is forced to enter into negotiations with Congress on new sanctions legislation, the White House is likely to have several objections to the proposed Senate legislation, especially on the certification requirements to waive or suspend sanctions.