[House Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
IRAN NUCLEAR NEGOTIATIONS AFTER THE SECOND EXTENSION: WHERE ARE THEY
GOING?
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
JANUARY 27, 2015
__________
Serial No. 114-5
__________
Printed for the use of the Committee on Foreign Affairs
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COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida BRAD SHERMAN, California
DANA ROHRABACHER, California GREGORY W. MEEKS, New York
STEVE CHABOT, Ohio ALBIO SIRES, New Jersey
JOE WILSON, South Carolina GERALD E. CONNOLLY, Virginia
MICHAEL T. McCAUL, Texas THEODORE E. DEUTCH, Florida
TED POE, Texas BRIAN HIGGINS, New York
MATT SALMON, Arizona KAREN BASS, California
DARRELL E. ISSA, California WILLIAM KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island
JEFF DUNCAN, South Carolina ALAN GRAYSON, Florida
MO BROOKS, Alabama AMI BERA, California
PAUL COOK, California ALAN S. LOWENTHAL, California
RANDY K. WEBER SR., Texas GRACE MENG, New York
SCOTT PERRY, Pennsylvania LOIS FRANKEL, Florida
RON DeSANTIS, Florida TULSI GABBARD, Hawaii
MARK MEADOWS, North Carolina JOAQUIN CASTRO, Texas
TED S. YOHO, Florida ROBIN L. KELLY, Illinois
CURT CLAWSON, Florida BRENDAN F. BOYLE, Pennsylvania
SCOTT DesJARLAIS, Tennessee
REID J. RIBBLE, Wisconsin
DAVID A. TROTT, Michigan
LEE M. ZELDIN, New York
TOM EMMER, Minnesota
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
C O N T E N T S
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Page
WITNESSES
The Honorable Eric S. Edelman, distinguished fellow, Center for
Strategic and Budgetary Assessments............................ 5
Mr. John Hannah, senior fellow, Foundation for Defense of
Democracies.................................................... 19
Mr. Ray Takeyh, senior fellow for Middle Eastern studies, Council
on Foreign Relations........................................... 25
The Honorable Robert Einhorn, senior fellow, Foreign Policy
Program, The Brookings Institution............................. 32
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
The Honorable Eric S. Edelman: Prepared statement................ 8
Mr. John Hannah: Prepared statement.............................. 21
Mr. Ray Takeyh: Prepared statement............................... 27
The Honorable Robert Einhorn: Prepared statement................. 34
APPENDIX
Hearing notice................................................... 78
Hearing minutes.................................................. 79
The Honorable Edward R. Royce, a Representative in Congress from
the State of California, and chairman, Committee on Foreign
Affairs: Letter from the Hekmati family........................ 81
The Honorable Gerald E. Connolly, a Representative in Congress
from the Commonwealth of Virginia: Prepared statement.......... 82
IRAN NUCLEAR NEGOTIATIONS AFTER THE
SECOND EXTENSION: WHERE ARE THEY
GOING?
----------
TUESDAY, JANUARY 27, 2015
House of Representatives,
Committee on Foreign Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:07 a.m., in
room 2172 Rayburn House Office Building, Hon. Edward Royce
(chairman of the committee) presiding.
Chairman Royce. I will ask all the members if you could
take your seats and this hearing will come to order.
This morning we are looking at the prospects for reaching a
viable nuclear agreement with Iran; one that increases our
national security. This has been, and will continue to be one
of the committee's top priorities. For those of us that have
worked on his issue for a number of years like Ileana Ros-
Lehtinen and myself, Mr. Sherman, Mr. Engel, we remember well
last year or last session. We presented legislation here that I
and Mr. Engel authored that passed this committee unanimously
that attempted to bring more pressure on Iran by giving the
Ayatollah a choice between economic collapse or compromise on
his nuclear weapons program. It passed here unanimously, as I
mentioned, and in the floor of the House of Representatives,
400 to 20.
Some would argue--certainly we believe this--that the
leverage that we brought to bear has helped bring Iran to the
table. But we have dealt with administrations in the past,
whether Democrat or Republican. Mr. Sherman and I can tell you
in terms of sitting through many of these meetings, our
frustrations with the delay in really bringing the type of
leverage and sanctions to bear on Iran to get the type of deal
that we thought was verifiable.
Now we have had a decade now of diplomatic negotiations
over Iran's pursuit of nuclear technology in violation of the
U.N. Security Council Resolutions on this subject. These have
reached their height over the past year, as the Obama
administration, along with the UK, France, Russia, China, and
Germany, have been seeking to negotiate a ``long-term
comprehensive solution'' to Iran's illicit nuclear program.
During these talks, Iran has agreed to limit its nuclear
program temporarily in return for some sanctions relief.
A final agreement would free Iran of sanctions, which was,
by the way, in our view at least, driven to the negotiating
table by the previous sanctions that we had enacted here, while
allowing it to maintain a ``mutually defined enrichment
program,'' to be treated like any other ``non-nuclear weapon
state party to the Nonproliferation Treaty.'' That best case
would leave Iran as a threshold nuclear state. But worse, any
limits placed on Iran's nuclear program as part of the
``comprehensive solution'' would, of course, based on this
agreement, expire. Maybe in 10 years, maybe sooner. But there
is an expiration that is being discussed right now in the
agreement.
Negotiations, now into their second extension, appear to be
stalemated. That is even after U.S. negotiators move closer and
closer to Iranian positions. According to the administration,
``big gaps'' remain, and a senior official hinted last week
that talks may extend again come June's deadline.
Meanwhile, the Ayatollah, since he is the one that makes
the final decision here, has been advancing Iranian nuclear
programs: Pursuing new reactors; testing a new generation of
centrifuges, and operating Iran's illicit procurement network.
These actions clearly violate the spirit of the interim
agreement. Yet, the administration appears more concerned that
sanctions, designed to strengthen its negotiating hand, and
which would have no impact, no impact, unless Iran walks away
from negotiations, could sink an agreement. So let us be clear.
If an agreement is sunk, it is because Iran has no interest in
abandoning its drive to nuclear weapons, which is what many of
us believe.
Of course, Iran's nuclear work isn't Iran's only
provocation. While Iranian diplomats put on a good face in a
European negotiating room, its IRGC, its Quds Forces, and other
proxies have been busy working to influence and ultimately
dominate the region. And this is what we hear from the Gulf
States and from our other allies throughout the region. Iran is
boosting Assad in Syria and Hezbollah continues to threaten
Israel. In '06, I watched as those rockets from Iran and Syria
came down on Haifa. Today, there are 100,000 such rockets,
thanks to Iran's production. And Iranian-supplied rockets to
Hamas rained down recently on Israel. Frankly, last week, an
Iranian-backed militia displaced the government in Yemen,
something that we had heard about from the Ambassadors from
throughout that region; their concern that the Iranians were
going to topple that government. It was, frankly, the toppling
of a key counterterrorism partner of ours. Most in the region
see Iran pocketing a nuclear deal and continuing with its
domination, certainly no winning game plan to stabilize the
Middle East. Not to mention that Iran's horrendous repression
at home continues. This isn't a negotiating partner that gives
much confidence.
If we are going to have any chance of a deal that advances
U.S. national security interests, Iran's leaders have to feel
that their only choice is a verifiable and meaningful
agreement. We are far from it. Worse, many in the region feel
Iran is on the rise. Falling oil prices should strengthen our
hand, but the Obama administration has yet to explain a single
change as to how it will negotiate differently with Iran over
the coming months, it raises questions. And while the
administration reaches for a deal, it should do so
understanding the regime's duplicity and militancy. And when I
say its militancy, the fact that the Ayatollah still leads
chants of ``Death to America'' and ``Death to Israel'' and Iran
still speaks of Israel as ``the one bomb country'' and still
speaks of its long-term confrontation with the U.S., this again
gives the members pause who have dealt with Iran for a long
period of time.
In addition to more economic pressure, we should have an
Iran policy with thought-provoking broadcasting to inspire
Iranian dissent, a focus on its horrendous human rights abuses
and illicit procurement networks, as well as bolstering allies
in the region that face Iranian aggression.
As one former intelligence official told the committee last
year, ``Iran's nuclear program is just the tip of a
revolutionary spear that extends across the world and threatens
key U.S. interests.'' This is a regime that is playing for
keeps. Yet sometimes it seems the administration is more
concerned about Congress moving on sanctions than pressuring
its treacherous and deadly negotiating partner that is on the
other side of that table.
We look forward to hearing from our witnesses today on the
future of these discussions and options we can pursue that
would truly end the threat of a nuclear-armed Iran. And I will
now turn to Mr. Brad Sherman of California for his remarks.
Mr. Sherman. Thank you, Mr. Chairman, for holding these
critical hearings, our ranking member, Eliot Engel, has been
asked by the President to join the administration in the
memorial service for King Abdullah of Saudi Arabia.
Some may ask why we are having these hearings at all here
in Congress. After all, the Executive Branch may take the
position that Congress is only an advisory body when it comes
to foreign affairs. I think we have a co-decisionmaking
responsibility and that is why I think we need our witnesses
here to guide us in making those decisions.
We have universal agreement on the goal: Prevent Iran from
having nuclear weapons. But we need to get down to the fine
points. What will a good agreement look like? What sanctions
should we impose if Iran does not agree to a good deal by June
30th? And who, or what body here in Washington will be
answering these questions? Is it Congress' role only to advise
the President? Or are we supposed to pass laws that are carried
out?
Now Iran is operating under the twice extended Joint Action
Plan. It is inaccurate, as some have said, to say that that
plan has halted their program. The centrifuges continue to
turn. They build their stockpile of 3\1/2\ percent enriched
uranium. It may be oxidized, but it can be returned to gaseous
form, ready for further enrichment rather easily. And of
course, this analysis doesn't even include their work on more
powerful gas centrifuges, their weaponization program,
etcetera.
But the Joint Action Plan has impeded the Iranian program
and it is better than nothing. Their 20 percent enriched
uranium has been diluted in most cases or to a great degree. So
Iran is a little further away from their first bomb or at least
having highly-enriched uranium for it, but is getting closer
every day to their sixth, seventh, or eighth bomb as they
continue to build an increasingly large stockpile of low-
enriched uranium. And it is counter intuitive, but as I think
our witnesses will illustrate, going from uranium ore to 3\1/2\
percent enriched uranium, even 3\1/2\ percent enriched uranium
oxide is more than half the work. Going from 3\1/2\ percent to
93 percent, is the easier part of that effort.
So the issue then is whether we should have sanctions that
go into effect on July 1. The fact is Iran has a July 1
program. They just haven't had to publish it because they don't
have an open society where they have to make decisions in
public. We ought to have a July 1 program ready to go and in
order to do that, Congress actually has to vote on a bill,
rather than not vote until July.
Now a little history, until 2010 our sanctions toward Iran
were modest at most, certainly not enough to dissuade them in
2010. The President signs CISADA. We got the Menendez-Kirk
sanctions and we finally began to put some reasonable pressure
on Iran. Keep in mind the last administration presented us from
passing any new meaningful legislation, or at least any new
major legislation. And the Obama administration opposed
sanctions in its first few years. But the Obama administration
has done a commendable job of enforcing the laws that Congress
has passed, even the ones we passed over their objections.
We have frozen Iranian assets around the world. We have
forced a decline in their oil exports, but they were still
estimating 2 percent economic growth. That growth will be lower
because of the decline of oil prices, but the Iranian economy
is slated to grow far faster than a majority of countries in
the EU.
I do want to pick up on the chairman's comments about
broadcasting. One approach is that we simply rebroadcast into
Iran the many Farsi language programs made in California. Now
some are politically incorrect. We shouldn't endorse anything
there, but we could get those retransmitted for pennies a
minute and let 1,000 or at least a dozen flowers bloom where
the Iranian people can hear all of these different views being
presented in their own language free from U.S. Government
control.
As to evaluating the agreement, I think that in addition to
looking at how robust their centrifuge program is, we have to
ask how much uranium will Iran be able to retain in its
stockpiles. We can do a lot even if they have more centrifuges
than we would want if every night the uranium enriched is
exported to some other country.
Finally, we could reach a compromise with the
administration on the whole issue of the timing of legislation.
They have said that they are going to come up with--talking to
them last night--a good agreement on the political matters by
the end of March. So let us pass a bill in the House. Let us
pass a bill in the Senate and let us go to conference. And let
us wait to see what the administration can prepare, but only if
the administration agrees that they will stop efforts to delay
new sanctions at that point, except to show us the non-
technical agreement in principle reached in Switzerland.
Instead, the President and the administration asks us to slow
down for this reason and then later slow down for that reason
and then they are free to tell us to slow down for the next
reason, only because we acted faster than the administration
wanted and we brought Iran to this point. And I yield back.
Chairman Royce. I thank the gentleman for yielding. Before
we go to our witnesses, I will just mention that I think Mr.
Sherman's concept of broadcasting into Iran, also some of these
cultural programs because we forget that the Ayatollah has made
it a sin or interprets it as a sin for women to sing. So a lot
of popular music and programs--I remember when that tune
``Happy'' was recorded by some young women in Iran and boy, did
they feel the lash because they had sung to that tune. And I
think at times we are not really focused on the nature of just
how brutal this regime is on its own people, especially on
women, and the way in which a regime treats its own people will
sometimes tell you a lot about how they might treat their
neighbors.
Let us go to our distinguished group of experts. Ambassador
Eric Edelman is a Distinguished Fellow at the Center for
Strategic and Budgetary Assessments. Previously, he served as
U.S. Ambassador to Finland during the Clinton administration
and to Turkey. Ambassador Edelman also served as Under
Secretary for Defense Policy from 2005 to 2009.
Mr. John Hannah is a Senior Fellow at the Foundation for
Defense of Democracies. He previously served as National
Security Advisor to the Vice President from 2005 to 2009. Mr.
Hannah has also worked at the State Department.
Dr. Ray Takeyh is a Senior Fellow for Middle East Studies
at the Council on Foreign Relations. He previously served as
Senior Advisor on Iran at the State Department and was
Professor at the National Defense University.
Mr. Einhorn, Robert Einhorn is a Senior Fellow at the
Brookings Institution and before joining Brookings in 2013, he
served as the State Department's Special Advisor for Non-
Proliferation and Arms Control. And he was Senior Advisor at
the Center for Strategic and International Studies.
And without objection, the witnesses' full, prepared
statementswill be made part of the record. And members will
have 5 calendar days to submit statements and questions and
extraneous material for the record. So we will start with
Ambassador Edelman. If you all would just summarize your
remarks to 5 minutes, that would be perfect. Thank you.
STATEMENT OF THE HONORABLE ERIC S. EDELMAN, DISTINGUISHED
FELLOW, CENTER FOR STRATEGIC AND BUDGETARY ASSESSMENTS
Mr. Edelman. Mr. Chairman, I will do my best. First, I
would like to thank you and Ranking Member Engel and Mr.
Sherman and the other members of the committee for giving me
the opportunity to appear today to discuss the implications of
the current negotiations on Iran nuclear matters. I remember
well, Mr. Royce, the codel that you led to Turkey when I was
Ambassador more than 10 years ago when one of the issues we
discussed because, of course, Turkey is one of Iran's
neighbors, was this very subject. And what I hope to do today
is provide both a little bit of a retrospective look back and
also a prospective look forward on where we stand with Iran.
Preventing a nuclear weapons capable Iran remains, I think,
the most pressing national security challenge facing the United
States today. As President Obama himself said in a speech he
gave in 2012, ``a nuclear-armed Iran is not a challenge that
can be contained. It would threaten the elimination of Israel,
the security of the Gulf nations, and the stability of the
global economy. It risks triggering a nuclear arms race in the
region and the unraveling of the nonproliferation treaty.''
I would submit that the turmoil we currently see in the
region is in no small part a reflection of Iran's ``struggle
for mastery'' in the Middle East where its aspirations and
involvement in a series of conflicts have created a dynamic
that drives both Sunni and Shi'a extremism throughout the area
and threatens the regional power balance.
In Iraq, Iran's patronage of Shi'a militias before and
especially since the departure of U.S. forces in December 2011
has disrupted the domestic political balance and fed the
recrudescence of Sunni Islamist extremism manifested in the
resurgence of the Islamic State last year.
In Syria, the IRGC provides the money, oil, weaponry and
with the help of Hezbollah, front-line soldiers that the al-
Assad regime needs to grind down the moderate Sunni opposition.
This, in turn, feeds the radicalization of the Sunni population
and provides fertile ground for recruiting by the al Nusra
front and the Islamic State. Iranian policy also strains
Lebanon's delicate political balance and its Western-backed
armed forces, thereby increasing the odds of another round of
war between Israel and Lebanon. And as you noted in your
opening statement, much of Hamas' arsenal and combat training
have come from Iran, including many of the weapons it used to
attack Israeli civilians this past summer.
Finally, again, as you noted in your statement, Houthi
rebels in Yemen have taken over much of the country in recent
weeks, culminating in the resignation of President Hadi and
Prime Minister Bahah and the collapse of that fragile country's
counterterrorism cooperation with the United States against
AQAP. This is a development I want to stress that threatens the
homeland security of the homeland as well as that of our
European allies.
Iran's regional revisionism is already proceeding at a
breath-taking pace even without the sword and shield that a
nuclear weapons capability would provide it. It is no wonder
that our traditional allies in the region worry that a nuclear
armed Iran or even an Iran on the threshold of nuclear weapons
would be emboldened to sow even more havoc in the region.
The prospect of Iran crossing the nuclear threshold has
spawned more than a decade of diplomacy intended to restrict
its potential pathways to a bomb. But unfortunately, in my
view, the objectives of these negotiations have become steadily
more limited over the years, as Iran's intransigence has led
the United States and its diplomatic partners to repeatedly
define down their red lines in favor of Iran's.
On the eve of the Joint Plan of Action, with Iran perched
on the nuclear threshold, a task force that I co-chair with
Dennis Ross, spelled out a series of benchmarks for an
acceptable final deal. We argued that any such agreement would
have to tangibly roll back Iran's ability to produce enough
weapons-grade uranium for a nuclear device, impose a strict
inspections regime, adhere to international legal requirements,
and resolve the outstanding concerns of the International
Atomic Energy Agency. To pressure Iran to meet these standards,
the U.S. and its allies would need to negotiate from a position
of strength and implement a strict deadline for the talks. And
I would add use the leverage that the Congress has provided it.
Unhappily, the comprehensive agreement outlined by the
Joint Plan of Action reflects the P5+1's receding red lines.
And as such, I think it falls short of the aforementioned
principles, to the serious detriment of U.S. national security.
Despite constant assurances from administration officials,
including Secretary Kerry that ``a bad deal is worse than no
deal,'' the pattern of concessions and the negotiating dynamic
that has been established give very strong reasons for outside
observers to feel that that the negotiations are moving far
beyond the parameters of an acceptable final agreement.
It is difficult to envisage such an agreement without a
change in the trajectory of these negotiations, and without a
decisive change in Iran's calculus of its own best interests.
American policymakers must use all available instruments of
coercive diplomacy to restore credibility to the oft-repeated
statement that every option remains on the table to prevent a
nuclear Iran. Success is only possible if Iran realizes it has
more to lose from the failure of diplomacy.
The U.S. retains an ability to exert pressure through
sanctions. Moreover, I would argue that today given the current
oil market, the balance is highly disadvantageous to Iran. Not
to put too fine a point on it, given the current price of oil,
we don't need to fear that having Iranian oil off the market
would roil international markets and set back the recovery of
the global economy. For these reasons, the United States can
credibly threaten more stringent measures against energy and
other vital sectors if Iran continues its obstinacy.
I think American policymakers should clarify and strengthen
our declaratory policy. I think it would be useful for the
Congress to hold hearings on the feasibility of the military
option in publicizing some of the advanced U.S. military
capabilities, such as the GBU-57 Massive Ordnance Penetrator, a
bunker buster designed specifically to reach targets like
Iran's deeply-buried illegal nuclear facilities.
The United States should also boost the credibility of
Israel's military option as well.
Finally, as one of the other panelists and I argued
recently in the press, the United States must be willing to
compete with Iran rather than actively seeking its partnership.
On one level, this requires a change in tone, but the
administration must emphasize its readiness to exert more
pressure on Iran instead of exerting pressure on Congress with
talking points that come to quote a ranking member of the
Senate, ``straight out of Tehran.''
Mr. Chairman, I thank you again and your colleagues for
scheduling this hearing and the members for their patience and
consideration and I look forward to the rest of the hearing and
answering any questions.
[The prepared statement of Mr. Edelman follows:]
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Chairman Royce. Thank you, Ambassador. Mr. Hannah.
STATEMENT OF MR. JOHN HANNAH, SENIOR FELLOW, FOUNDATION FOR
DEFENSE OF DEMOCRACIES
Mr. Hannah. Thank you, Mr. Chairman. Mr. Chairman,
Congressman Sherman, members of the committee, thank you for
the opportunity to participate in this hearing. I have to
confess to having deep concerns about the state of the
negotiations with Iran. I worry that, starting with the Joint
Plan of Action, the United States has already agreed to a
series of concessions that will make the achievement of a good
deal very difficult.
The decision 14 months ago to accede to Iran's core demand
that it retain an ability to enrich uranium was indeed a
fateful one. It reversed longstanding U.S. policy opposing any
Iranian enrichment and contravened six hard-won U.N. Security
Council resolutions. It represented a strategic concession by
the United States on an issue of absolutely central importance
to Iran. Whatever the merits of the Joint Plan of Action, and I
agree with Congressman Sherman that it does have merits, the
fact is that Iran was required to make no reciprocal concession
of even remotely similar strategic value to the United States.
On the contrary, every commitment made by Iran under the
JPOA has been strictly tactical in nature and easily
reversible. The administration's concession on enrichment had
the effect of transforming the fundamental objective of U.S.
strategy toward Iran. It represented the abandonment of the
goal of eliminating Iran's capability to produce nuclear
weapons. Instead, the United States retreated to the much less
ambitious goal of simply extending the time it would take Iran
to break out to a nuclear bomb.
The concession on enrichment, unfortunately, set the
template for what has been a troubling dynamic that has come to
characterize the talks. On a number of key issues, virtually
all the concessions have come from the P5+1. All the
significant movement has been away from America's red lines and
toward Iran's red lines. And in the process, in my view, the
heart of America's longtime position with respect to Iran's
nuclear program, that is, the dismantlement, destruction, and
irreversible rollback of Iran's nuclear weapons-related
infrastructure, has largely been gutted.
As problematic as this is, perhaps even more troubling is a
second concession of enormous strategic consequence that the
U.S. made to secure the JPOA. I am referring to the so-called
sunset clause that put an expiration date on any comprehensive
deal that might be reached. In short, whatever restrictions
that a final deal imposes on Iran's nuclear program will
themselves only be temporary.
After a period of years yet to be determined--the U.S. is
hoping for 15--Iran will not only be free of all sanctions, it
will be treated on a par with every other non-nuclear weapon
state that is a member in good standing of the NPT. That means
that Iran can be like The Netherlands, which spins hundreds of
thousands of centrifuges to produce reactor fuel. It can be
like Japan that maintains enough stockpiled plutonium for
thousands of nuclear warheads. It can be like Brazil that plans
to produce highly enriched uranium of up to 90 percent to power
its nuclear submarines. All of that will be perfectly
permissible--regardless of whether Iran in 15 years is led by
the equivalent of Ahmadinejad 2.0; regardless of whether its
highest political and military leaders continue to call for
Israel's destruction; and regardless of whether Iran remains
the world's leading sponsor of terrorism.
Some may hope that in those intervening 15 years Iran will
be transformed into a normal, non-revolutionary power that is
prepared to forego its war with the Great Satan and its
ambitions to dominate the Middle East. Perhaps those hopes will
be borne out. But who would be willing to bet U.S. national
security on it? In my mind, that is an enormous risk to run.
I recognize, of course, that despite the very generous
concessions that the P5+1 have put forward, Ayatollah Ali
Khamenei's intransigence continues. We can speculate on why
that is the case and what more might still be done to break the
stalemate by convincing the Supreme Leader to make the
concessions necessary for a deal, including the possibility of
legislating prospective sanctions. But at the same time, I
would simply urge that Congress devote at least as much energy
to examining the substance of any deal that might emerge, with
the aim of identifying those outstanding issues where Congress
might still be able help to stiffen the administration's
positions in ways that would mitigate the risks as much as
possible.
Finding ways to increase pressure on Iran to make a deal is
certainly a critical issue. But simply pressuring Iran for the
purpose of accepting what could amount to a bad deal would be a
pyrrhic victory, indeed. Thank you again for the opportunity to
present my views and I look forward to your questions.
[The prepared statement of Mr. Hannah follows:]
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STATEMENT OF MR. RAY TAKEYH, SENIOR FELLOW FOR MIDDLE EASTERN
STUDIES, COUNCIL ON FOREIGN RELATIONS
Mr. Takeyh. Thank you, members of the committee, for
inviting me to come back once more. I would echo actually what
Chairman Royce suggested, namely that the nuclear negotiations
between Iran and the P5+1 are today stalemated after a decade
of patient diplomacy. I think the prospect of securing a final
deal is becoming increasingly remote. The wheels of diplomacy
will grind on. There have been two extensions already granted.
But it is time to acknowledge that the policy of engagement as
pursued over the past decade was predicated on a series of
assumptions that have proven logical in concept, but flawed in
practice.
As we reassess our next move, it will be wise to reconsider
the judgments that underwrite our approach to an adversary that
has, at the very least, proven rather elusive.
I would say successive administrations have relied solely
on financial stress to temper Iran's ambitions, nuclear and
otherwise. At the core, this policy argues for steady economic
pressure to change the calculus of the Islamic Republic,
eventually leading it to concede the most disturbing aspects of
its nuclear program. This was American pragmatism at its most
obvious, as economics is thought to transcend ideology and
history in conditioning national priorities. To be sure, the
policy has not been without its successes, as it solidified a
sanctions regime that compelled Iran to change its negotiating
style. Still, what was missed was that the Islamic Republic is
a revolutionary state that rarely makes judicious economic
decisions. In fact, the notion of integration into the global
economy is frightening to the regime's highly ideological
rulers, who require an external nemesis to justify their
hegemony power.
Among other assumptions that I think we have misdiagnosed
is the changes in Iran's political landscape since 2009. The
fraudulent 2009 Presidential election, in my view, was not a
passing event, but a watershed moment. Watershed moment means
after which things are very different than anything that went
before. Iran today is a government very similar to other Middle
Eastern dictatorships. The forces of reform have been purged
from body politic, leaving behind like-minded actors.
While many in the West continue to see Iran as a country of
quarreling factions and competing personalities, the Iranians
themselves talk of the system. This is not to suggest that
there are no disagreements among key actors, but the system has
forged the rough consensus on issues such as repressing dissent
at home, pursuing an aggressive policy abroad, and even
sustaining the essential trajectory of the nuclear program. The
U.S. misdiagnosis was most glaring, in my view, when Hassan
Rouhani assumed the presidency in 2013. Rouhani's election was
considered a rebuke to Supreme Leader Ali Khamenei and his
ideological presumptions, and many in Washington convinced
themselves that by investing in Rouhani they could usher in an
age of moderation in Iran. Suddenly, an empowered Rouhani would
make important concessions on the nuclear issue and even
collaborate with the United States to steady an unhinged
region. Again, missing from all this is how the system had come
together in the aftermath of 2009, to destroy the democratic
left. We have sought to manipulate Iran's factions at the
precise time when factionalism is no longer the defining aspect
of Iranian politics.
Yet another American misapprehension was refusing to listen
to what the Iranians were actually saying. The United States
has offered Iran a number of concessions such as the
recognition of its enrichment and practice. It was hoped that
those concessions would cause Iran to settle for a modest
program. Thus symbolic offerings from the West would diminish
Iran's expansive nuclear appetite. In this case, we refused to
listen to what Iranians were saying, namely that they want an
industrial-size nuclear program in public and private. Thus
far, we have made concessions in that particular sense.
Iran will not easily be deterred from its approach. A
strategy of coercion must move beyond imposing financial
penalties as Chairman Royce suggested. Iran must feel pressure
on many fronts. The Obama administration, in my view, would be
wise to mend fences at home and rehabilitate our better
alliances in the Middle East. It is important for Iran to see
no division in its efforts to exploit the differences between
the White House and the Congress. The President would be wise
to consult with Congress on various legislation moving forward.
Both parties have equities that need to be taken into
consideration. I think they can be in a genuine conversation
between the Executive and Legislative Branches.
Finally, let me say, there is nothing magical about the
July deadline. If there is an agreement by July, Iran will be
left with a substantial nuclear infrastructure that is destined
to grow over time. If there is no agreement in July, Iran will
be left with a substantial nuclear infrastructure that is
destined to grow over time, perhaps at an unsteady pace.
Therefore, we need to develop a long-term strategy for
developing how to maintain, contain, regulate Iran with nuclear
material that is substantial and growing. And that is a long-
term challenge that I think the Executive Branch and Congress
can come together and actually craft. Thank you.
[The prepared statement of Mr. Takeyh follows:]
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Chairman Royce. Thank you, Doctor. Mr. Einhorn?
STATEMENT OF THE HONORABLE ROBERT EINHORN, SENIOR FELLOW,
FOREIGN POLICY PROGRAM, THE BROOKINGS INSTITUTION
Mr. Einhorn. Chairman Royce, Congressman Sherman, other
distinguished members of the committee, I want to thank you for
this opportunity to testify on the Iran nuclear issue.
The Obama administration is seeking an agreement that would
lengthen to at least 1 year the time it would take Iran to
produce enough nuclear material for a single nuclear weapon. It
is also seeking rigorous monitoring measures that would enable
the IAEA to detect at the earliest possible time any Iranian
attempt to break out of an agreement at either declared or
covert locations. The goal is to make Iran's potential path to
nuclear weapons lengthy and readily detectable so that the
United States and others would have plenty of time to intervene
decisively in order to stop them, using economic or military
means.
Negotiations between Iran and the P5+1 countries have made
significant progress over the last year. But Iran has showed
little flexibility on some central issues, including enrichment
capacity and the duration of any comprehensive agreement. So it
is understandable that many Members of Congress support new
sanctions to pressure the Iranians to accept the compromises
needed to make a deal possible.
I agree that economic pressure brought the Iranians to the
negotiating table and continued strong pressure will be
essential to get them to accept an agreement that meets U.S.
requirements. But enacting new sanctions legislation at this
time, even if sanctions would not be imposed until a later
date, could have the unintended effect of hardening Iran's
negotiating position and weakening international sanctions.
Iranians are sharply divided on the nuclear issue.
Opponents of a deal would seize on any new U.S. sanctions
legislation to claim that the United States has no intention of
ultimately removing sanctions. They would argue internally that
an agreement would therefore be pointless and they would oppose
Iranian flexibility in the negotiations. So even if the
Iranians don't walk out of the talks as they have threatened to
do, new sanctions legislation could reinforce Iranian rigidity
and increase the likelihood that negotiations will fail.
New sanctions legislation could also undermine the unity of
the International Sanctions Coalition. So far that coalition
has stayed together because Iran has been seen as the main
impediment to the negotiations. Key countries would regard new
sanctions as premature and unnecessarily provocative. The blame
for any impasse or breakdown could shift to us and support for
tough sanctions could begin to unravel. Not only is the new
legislation potentially counterproductive in terms of Iran's
negotiating posture and the unity of international sanctions
efforts, it is unnecessary.
Iran continues to feel immense economic pressure from
existing sanctions which remain intact under the Joint Plan of
Action and the steep drop in the price of oil serves as an
additional sanction, depriving Iran's economy of another $11
billion over the next 6 months. Under the interim deal, Iran
each month receives $700 million of its own oil revenues that
have been held in restricted overseas accounts. Compare that to
the $40 billion in oil revenues that Iran lost in 2014 because
of the sanctions.
So if new sanctions legislation is neither necessary, nor
likely to have its intended effect, how can we get the Iranians
to accept a nuclear deal that meets our requirements? First, we
should be patient. Our negotiators should continue to work
toward concluding a deal along the lines we have already
proposed by the June deadline. But they need not be in a rush.
If Iran remains reluctant to compromise, the U.S. and the P5+1
partners can afford to wait. Some have argued that the interim
deal is advantageous to Iran, that the Iranians are stringing
us along, using the interim deal to play for time. I find this
argument hard to understand. Under the JPOA, Iran's nuclear
program is frozen in most meaningful respects. And Iran's
economy continues to suffer under punishing sanctions,
amplified now by the drop in the price of oil.
It is Iran, not the United States, that is the clear loser
the longer the JPOA remains in effect. No one wants to prolong
the negotiations indefinitely, but if a sound agreement cannot
be reached by the end of June, the option of another extension
should not be ruled out.
Second, the administration should do whatever it can to
maintain and enhance the effectiveness of existing sanctions.
The Treasury Department should continue its aggressive efforts
to remind governments and companies around the world that
sanctions remain in place and that Iran is not open for
business.
Third, even while negotiations are underway, the
administration should work with the Congress and its foreign
partners on a Plan B, a plan for the eventuality that no
agreement will be reached. The Legislative and Executive
Branches should begin now to jointly develop sanctions
legislation that would be ready to be voted and immediately
implemented in the event that the talks end without agreement.
The administration should also begin now to consult key foreign
partners on the ratcheting up of sanctions as well as on the
strengthening of cooperative defense plans that may be
warranted in the event of a breakdown of negotiations.
Of course, it is impossible to know whether Iran will
eventually come around to the realization that without a
nuclear deal its economy will continue to suffer and its
international isolation will persist. President Obama puts the
odds at less than 50-50. If we cannot achieve an agreement that
meets our requirements, then we will have little choice but to
turn from diplomacy to other means of preventing Iran from
acquiring nuclear weapons. And if diplomacy fails, it is
critical that we have the strong international support
necessary for whatever course we decide to take. We should
therefore avoid actions at the present time that would widely
be seen as undermining prospects for an agreement. Thank you,
Mr. Chairman.
[The prepared statement of Mr. Einhorn follows:]
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Chairman Royce. I have got two questions, but one of Iran's
paths to a bomb would be through its plutonium reactor at Arak.
And indeed, in reading through some of your statements, Mr.
Einhorn, you have referred to this reactor as a plutonium bomb
factory.
As I recall, this was the issue that the French were so
concerned about when that negotiation began, when it looked
like we were going to into an interim agreement in November
2013. They raised the specter of this. And the administration
insists that these negotiation will cut off all of Iran's paths
to a bomb. But I was interested when I read the testimony of
Ambassador Edelman, you say that the administration has
relinquished its effort to shut off Iran's plutonium path to a
bomb by converting its heavy water reactor at Arak.
And I was going to ask you what is the state of play here,
Mr. Edelman?
Mr. Edelman. Well, I suspect that Bob has a better fix on
what the exact state of play is than I do, but it is clear that
the administration has retreated to a different standard which
is to try and get the reactor rearranged, the core of the
reactor rearranged in order to limit the production of
plutonium rather than convert the reactor entirely.
Chairman Royce. Mr. Einhorn?
Mr. Einhorn. I have no doubt that the Arak reactor was
designed in order to become a plutonium factory for nuclear
weapons. I have no doubt about that.
But what has happened in the negotiations is that
apparently Iran has agreed to redesign the reactor to reduce
very, very substantially the amount of plutonium that is
generated in the spent fuel. It was originally designed to
operate on natural uranium which increases the weapons
plutonium content of the spent fuel. They have apparently
agreed to use enriched uranium fuel which greatly reduces the
amount of plutonium produced annually to a level that makes it
infeasible to try to break out using the plutonium route.
There are still disagreements. The U.S. would like to make
this a lightwater reactor which makes it less reversible and
the Iranians don't want to do that.
Chairman Royce. But they are not going to do that. They are
going to reduce it, but not eliminate it.
Mr. Einhorn. No, you can't. Any reactor produces plutonium.
The question is how much. And the way they have agreed to
redesign it there are very low amounts.
Chairman Royce. They will reduce the amount. The other
question I had was on the expiration date, or the sunset as it
is called in the agreement. And last year, the committee heard
testimony from a former State Department official who described
the term ``comprehensive solution'' as a complete misnomer
because according to the interim agreement, the restrictions
put in place through such a comprehensive solution will only
remain in place for a specific amount of time, so it can't be
comprehensive. It is not permanent.
And as he pointed out, the comprehensive solution looked at
that way is just an interim step itself. It is going to be an
interim step, a temporary step. It is going to expire and after
which Iran can engage on industrial scale enrichment. And it
could then undertake activities that Holland, Japan, and Brazil
are taking today.
So Mr. Einhorn, you had testified that a sound agreement
would last about 15 years in your viewpoint. But Mr. Hannah
notes that the sunset clause kicks in even if Iran is led in
the future by the equivalent of an Ahmadinejad 2.0 or even if
it is still the top sponsor of terrorism. So as Iran continues
to reach to dominate the region, what is an acceptable length
of time for an agreement? I will just ask the panel since this
is simply going to be an interim agreement. And after that, it
is going to be under their insistence, and of course, they are
looking for a time frame, I guess, less than 10 years. But I
will just tell you I remember the North Korean nuclear
framework agreement. That doesn't seem that long ago and that
was 20 years ago that we were talked into that. We see what the
results were.
Mr. Einhorn. Mr. Chairman, in 2008, the P5+1 countries
agreed that when Iran convinced the international community
that its program was peaceful, then it would be able to pursue
a program like any NPT party that is compliant. That was
already in 2008.
I think the sunset provision frankly is unfortunate. I
would like to have it a permanent agreement, but that is water
under the bridge. But I think it is important to make it as
long as possible and I say 15 years at a minimum.
Chairman Royce. Yes.
Mr. Einhorn. But it is important to recognize that even
after 15 years, there will be very strong disincentives for
Iran to go ahead and produce nuclear weapons. They would still
face a very strong threat of not just economic sanctions, but
military attack by the United States and its partners. So it is
not as if they are swinging free and easy at that point. There
would still be strong deterrent against them going that route.
Chairman Royce. Other members of the panel?
Mr. Takeyh. I will just say briefly on this, there is
nothing permanent about this particular concession. One of the
things that I suggested that the administration can do is go
back and say upon the expiration of the sunset clause, Iran
will still have to go back to the U.N. Security Council as a
sort of a probationary hearing and they can determine whether
it can then proceed toward industrialization of the program and
they can make that determination based on an entire range of
factors such as other aspects of Iran's behavior. But I don't
think this should be an eighth time type agreement.
Chairman Royce. Well, since the Supreme Leader says he
wants 190,000 centrifuges, he is not thinking along the lines
that you just articulated.
Mr. Hannah.
Mr. Hannah. Mr. Chairman, I didn't agree with the decision
in 2008, although that clearly didn't commit to any kind of
deadline and time frame. The most I would have done is agree
that we would have some kind of review committee at some point
in time, perhaps after 15 years to look at and examine the
question. But I think in the real world the absence of linkage
between any kind of special inspection and verification regime
and restrictions that we impose on Iran to divorce that from
the basic heart and soul and nature of that regime and its war
with the United States and Israel and our other allies in the
regime, I just think it is folly, it is dangerous. And I think
we will rue the day if we allow that to proceed.
I think I agree with Bob that this has been given away
already by this administration and I don't think it can be
reversed at this point in time without doing damage in the
negotiations before you probably get a new administration in
office.
Chairman Royce. So we will go to Ambassador Edelman. My
point about the 190,000 centrifuges that the Supreme Leader
says is his objective, that would be okay under this scheme. I
mean if it goes 10 years after that, he is in a position to
move forward with his goal, right?
Mr. Edelman. That is my understanding, Mr. Chairman. Like
the other panelists, and I guess we are unanimous, all of us, I
think, lament the fact that this is now a part of the
negotiation. From my point of view, as a result of that, the
only acceptable date that would be reasonable would be 20
years. But, partly because of the reasons that you just
suggested in terms of the scope of ambition that the Supreme
Leader has declared for the program.
I worry about the regional security implications of this
going forward, because we will likely be leaving Iran as a
threshold state. And that means all the other states in the
region, notably including our allies, Israel, our Sunni Gulf
Arab allies, are going to have to make a whole series of
judgments about their security in a world where Iran is much
closer to a nuclear weapon than it was in 2008, for instance.
And I think that is going to have, as Mr. Hannah suggested,
some very, very serious consequences for the region.
Chairman Royce. Thank you. Ambassador. Mr. Sherman.
Mr. Sherman. Let us not get carried away on one thing.
Congress has agreed to nothing. No treaty has been submitted to
this Congress for ratification. And in 2017, the Government of
the United States is free to take whatever action it chooses at
that time. Even if Congress were to pass a resolution in
support of some agreement, not likely, that is binding only on
that Congress.
If Iran wants a permanent agreement with the United States,
let it agree to something good enough to gain ratification of
the United States Senate as a treaty. And we have put the world
on notice by publishing our Constitution, that something signed
as a memo with one leader is perhaps morally binding on that
leader.
Mr. Einhorn, your comments, I do want to mention first I
think you have hit on the one best argument against Congress
passing sanctions now. And that is the most influential
American in the world, President Obama, has pretty much said
that if Congress passes sanctions now that the rest of the
world shouldn't follow and should regard us, the United States
Government, as unreasonable. It may be a self-fulfilling
prophecy. It may very well be that by announcing to the world
that if Congress' acts were unreasonable, it ties our hands. I
don't think it does, but it might.
You also, I think, well laid out the 1 year objective that
we have in these negotiations, but keep in mind once the
sanctions are lifted, Iran moves all of its foreign currency
into Chinese banks, Cayman Island banks, tens of billions of
dollars. And gets years of breathing room. After that, if they
were to break out and we were to apply new sanctions, those
sanctions wouldn't bite for a year. So the only possible action
would be military action and I'm not sure this country would
take military action. But remember, Iran gets to choose the
time. So they can wait for the next Ukrainian crisis and then
see whether the United States will take military action.
Sanctions cannot go from zero to biting in 1 year, especially
if foreign currency reserves have been moved.
Doctor, what is Iran's July 1 plan? Would they want a
further extension and does that sell to the Iranian political
powers? Are they ready with a breakout? What do they do on July
1, assuming they haven't signed an agreement with President
Obama?
Mr. Takeyh. I am not part of the Council, but it seems to
me that they would be prepared for extension of the talks
beyond that. For how long, I am not sure. Because increasingly,
I think the regime will come under pressure from the Atomic
Energy Organization and others for introducing new technologies
that at this point are prohibited under the Joint Plan of
Action. So at some point, the necessity of extending the talks
and the necessity of technologically forging ahead of the
program are likely to collide. So there is a time when Joint
Plan of Action doesn't make sense for Iran's nuclear agencies
who are planning to advance their program.
Mr. Sherman. And if they don't enter into an extension, and
I realize they don't clue you in on this, but you are more
clued in than I am, what do they do?
Mr. Takeyh. I don't sit around and worry too much about the
breakdown of negotiations that have thus far lasted 13 years. I
think these negotiations go on in some way in some form.
Mr. Sherman. Thank you. I want to move on to Mr. Hannah.
The question is what additional sanctions would actually bite?
The most ideal and probably the one we are most likely to adopt
is we take the Menendez-Kirk sanctions and we put them on a
glide path all the way to zero. That is to say we turn to each
country and with a glide path not lasting too long, you can't
buy any Iranian oil and still use the U.S. banking system.
A second idea is that we fill the loophole in what we have
already passed as far as government contracting and we declared
all the major corporate conglomerates of the world that if you
want even one--that all of your subsidiaries will have to abide
by U.S. sanctions against Iran, not sell anything other than
food and medicine, not buy any oil, if any of your subsidiaries
won even one U.S. Government contract and we could further and
make it state and local as well.
Other than that, does anybody on the panel have any ideas
what should be in a sanctions bill?
Mr. Hannah. I do think the oil one is critical,
Congressman, because as you know, and I think as you stated,
the world doesn't need Iranian oil any more. Eight years ago
under the Bush administration, when we had serious problems
with sanctions, there was a strong----
Mr. Sherman. I do have limited time. The chairman is
indulging me a bit, but do you have anything on the list to
add? I know how important that one item is. That is why I
listed it first.
Mr. Hannah. I think you could feasibly shut down transport
going on, particularly shipping going in and out of Tehran.
Ships that go into Tehran never get access to any American
port. Possibly the same for air travel as well. Planes that go
to Tehran get no access to American airports and American air
space.
Mr. Sherman. Interesting idea. Anybody else have an idea to
add to the list?
Mr. Edelman. I think, Mr. Sherman, you could add other
sectors to the economy, construction. There are other things
that we could do to make life even more difficult.
Mr. Sherman. Please provide a more thorough answer, all of
you, for the record. Shall I try and sneak in one more
question?
Chairman Royce. Sure.
Mr. Sherman. Okay, one more question. Let us say it is 15
years from now and Iran has not made extraordinary progress
because we had such a great deal, but the deal is expired. They
are signatory to not only the MPT, but the additional protocol.
How quickly can they put together a stockpile of six weapons
without being caught by the limited, intrusive investigations
called for by the additional protocol? Does anybody have an
answer?
Or more generally, is the additional protocol good enough
by itself to prevent Iran from having a successful, covert
nuclear program? Don't all answer at once.
Mr. Einhorn?
Mr. Einhorn. The additional protocol, I think, is kind of
the gold standard now for the international inspections. It is
not good enough certainly during an agreement for 15 or 20
years. I think it has to go well beyond. But I think it is
important to remember one thing, that at least during the
agreement, a covert program doesn't have one facility. It has
maybe five or six different facilities. It takes 1 or 2 or 3
years to construct that covert program. So getting away with
cheating at a covert location isn't so easy.
But there are elements that should continue beyond the
expiration date as well. For example, the Iranians shouldn't be
able to have a reprocessing plant. There are other kinds of
things the administration should press on them to accept that
go beyond the additional protocol.
Mr. Sherman. My time has expired.
Chairman Royce. We go to Ileana Ros-Lehtinen, chairwoman of
the Middle East Subcommittee and long active in this issue of
Iran sanctions.
Ms. Ros-Lehtinen. Thank you very much, Mr. Chairman. As we
heard this morning, the Senate has officially stated that no
new sanctions legislation will be brought up for a vote until
late March. And I think it is important to remember that the
first sanctions that the U.S. began imposing against Iran were
terrorism related. And that is being largely neglected as these
ill-conceived, these secret and misguided nuclear negotiations
continue to be extended for reasons passing understanding. In
fact, as the negotiations continue, Iran support for terror has
not waned, has actually increased.
Tehran calculates that President Obama is more willing to
blame Congress for the talks failing than he is likely to blame
this murderous and dangerous regime. So the result is that the
Obama administration capitulates to Iran's demands and we get
nothing, while Iran's dangerous actions continue to spread. And
we need to look no further than the President's own so-called
success story in Yemen.
Just a few days ago, the Iran-backed Houthi rebels arrested
control of Yemen's capital and its government, giving Iran
effective control over four Arab capitals. Yet, the
administration carries on, alienating our allies, appeasing our
enemies, even enlisting Iran as an asset. Just think about
that.
In the battle against al-Qaeda in Yemen, and ISIL in Iraq
and in Syria, these are situations for which Iran's terror
proxies are responsible. And now the administration finds
itself on the same side as Iran. Yet, all of this is off the
table. It is not part of the nuclear negotiations. And the
reality of the situation belies the President's narrative. The
President threatens to veto Congress' attempt to hold Iran
accountable, yet deadlines are repeatedly missed. Iran
continues to impede the IAEA's verification efforts at every
turn. And there are still many numerous other issues regarding
the possible military dimension of Iran's nuclear weapons
program.
Recently, it was reported that Iran, along with North
Korea, is helping to build missile sites and a nuclear reactor
in Syria, likely to outsource to enrichment capabilities to its
proxy in Damascus, which would not be a violation of the JPOA.
Iran continues its research and development of more advanced
centrifuges, yet that also is not a violation, according to
this administration. Iran is giving oil to Syria, not a
violation. And it was announced that Iran, with the help of
Russia, is actually building two new nuclear reactors and also
somehow that is not a violation. And of course, Iran's
continued progress on its ICBM program, its spread of terror,
its support for terrorist groups, and its even-worsening human
rights records, were never on the table for discussion to begin
with.
So what exactly will the administration consider a
violation? The implication for these nuclear negotiations are
far reaching and we cannot be willing to carry on with this
farce while Iran perfects its enrichment, its weaponization,
its missile programs.
So to the panel, does any of this indicate that Iran is
intent on actually reaching a nuclear agreement or is the
regime use the guise of diplomacy to further its ambition
including creating a nuclear weapon? And lastly, last week,
Tony Blinken, as you saw in his testimony, confirmed what most
of us already knew, that the administration's goal is not to
prevent Iran from ever getting a nuclear weapon. It is merely
to delay that action.
Even if we are successful in delaying nuclear capability
for Iran to a year or 2, will that be enough to assuage other
countries in the region like the Saudis, the Emiratis, from
seeking their own nuclear capability? And do you believe that
the administration will be willing to walk away from the
negotiations if the status quo remains? To anyone who wishes to
answer.
Ambassador.
Mr. Edelman. Ms. Ros-Lehtinen, it is very hard to quibble
with your characterization of where we are. I would say on the
question of whether--you were talking about Mr. Blinken saying
that we are likely to have an extension.
Ms. Ros-Lehtinen. Correct.
Mr. Edelman. I think that is the most likely outcome in
part, because the answer to the first part of your question,
``Has Iran made a strategic decision to forego a nuclear
weapons program?'' I think the answer is pretty clear. They
have not. On the contrary, they feel that they have now
successfully impressed upon the administration through the
statements of the Supreme Leader, etcetera, that they must be
allowed to have an industrial scale enrichment program at the
end of this process. And so we have seen a demand of the
international community that originally was a complete freeze
on enrichment. Then we were going to have a couple of hundred,
then a couple of thousand. Now we are talking about maybe as
many as 9,000 centrifuges.
Ms. Ros-Lehtinen. Nine thousand.
Mr. Edelman. Perhaps rearranged, perhaps unplugged,
etcetera. We don't know yet what the outcome will be. The
Iranians have 19,000 now. If you split the difference, you end
up with about 9,000. And I think the answer to the question is
no, they have not given up their desire and we have given up
our objective of preventing them from having that capability.
Instead, as we have discussed on this panel, looking at
preventing them from breaking out or sneaking out within 1
year. That is where I am afraid we are.
To your question about how will others in the region see
this, I think it is going to be very hard, particularly for a
country say like the United Arab Emirates, which signed a 123
agreement with the United States to have its own nuclear power,
completely foregoing any capability for enrichment, to look
across the Gulf and see Iran allowed by agreement with the
United States to have thousands of centrifuges, whatever the
actual number ends up being and a capability to continue to
enrich without calling into question the wisdom of their
earlier agreement with the United States and the reliability of
the United States, the guarantor of their security. And I think
others in the region will make similar kinds of judgments.
Chairman Royce. Thank you, Ileana. Mr. Ted Deutch, ranking
member of the Middle East Subcommittee. And I mentioned the
horrendous human rights situation in Iran in my opening
statement. I should add Mr. Deutch has long been active on
behalf of his constituent, Mr. Levinson, and we would like to
see a resolution to his case, as well as those of other
Americans, including and imprisoned Washington Post reporter,
and a former Marine, Amir Hekmati.
And on that note, I would ask unanimous consent to add a
letter from the Hekmati family into the record. And Mr. Deutch
is recognized.
Mr. Deutch. Thank you, Mr. Chairman, and thank you for
making that point. Thank you for pointing out that as part of
these talks while I know the fate of Bob Levinson, my
constituent, and the others who are in Iran continues to be
brought up, I think it is appropriate for us to have some
expectation that as these talks continue, to see some good
faith from the Iranians on these issues at least would be
helpful to those of us who have concerns about the broader
deal.
I want to start with a comment that I heard on one of the
Sunday morning shows that if Congress--the suggestion was made
that if Congress takes any sort of action at all, that Iran
will be able to go to the world and say that the United States
negotiated in bad faith. I would point out to all my colleagues
here and to the administration something they know better than
anyone, that it is inconceivable that anyone could make an
argument that the United States is not negotiating in good
faith when we entered into a JPOA which was extended once and
which was extended again. And to suggest that Congress being
involved in this process somehow suggests bad faith is just
inaccurate and I think it is important for us to make that
point. That is number one.
Number two. Just within the past few days, the IAEA
director, speaking in Indonesia, said that in his address to
the University of Indonesia, he said that ``we are not in a
position to provide credible assurance about the absence of
undeclared nuclear material and activities in Iran, and
therefore, to conclude that all nuclear material in Iran is in
peaceful activities. In addressing the Iran nuclear issue, two
things are important,'' he said. ``First, with the cooperation
of Iran, the agency needs to clarify issues with possible
military dimensions to the satisfaction of member states. Also,
Iran needs to implement the additional protocols so that the
agency can provide credible assurance about the absence of
undeclared nuclear material and activities in Iran.''
The question I have is with everything on the table, Mr.
Einhorn you said that it is in our interests that Congress
shouldn't act, that it is in our interest to get another
extension, that the Iranians are being hurt more. How is it
that we shouldn't expect that at some point in this process in
order for us to continue these talks we should require that
Iran come clean on the possible military dimensions of their
program and that they fully work with the IAEA to address their
concerns? Why shouldn't that be something that we demand before
we consider any other concessions going forward?
Mr. Einhorn. Thank you, Congressman. Let me just mention
and actually clarify, I wasn't saying that I support another
extension. What I was saying is, if necessary, we can afford
it. We should push for an agreement as soon as we can get a
sound agreement. But if that is not possible, because of
Iranian intransigence, we can afford another extension because
the current interim arrangement is in our interest, not in
Iran's interest.
Mr. Deutch. Mr. Einhorn, I like your answer to the
question, but I would, given what you just said, I would ask
also if you could explain--and I understand the distinction
that is made between the relief that is being provided and the
money that is being held. But at some point, $700 million a
month starts to really cut in to that $40 billion. And number
two, as anyone perceives it, $700 million a month in
concessions can't really be described as inconsequential.
Mr. Einhorn. Every month, the restricted accounts build up
further, so they get deeper in the hole. Yes, they get $700
million a month back, but I think it is something like almost
$2.5 billion that gets deposited in these restricted accounts
that they can't get access to. So they are getting deeper into
the hole. The $700 million doesn't mount up. What mounts up is
the amount that they don't have access to.
Mr. Deutch. I would like you to address, if you could,
perhaps after I am finished since I am running out of time, the
PMD issue and maybe all of the members will be able to get back
to it, but I would just conclude by pointing out that if there
is a sense that it is okay to come up with a sanctions bill now
that won't go into effect unless there is a breakdown in talks
or unless Iran walks away, that that is exactly what this
Congress has been trying to do all throughout, number one.
And number two, to those who are critical of the notion
that we should increase pressure in order to have a stronger
negotiating position with Iran, I would just ask that we stop
debating the danger posed by the United States Congress and we
refocus on the danger posed by a nuclear-armed Iran, one that
would spark a nuclear arms race in the region, that would make
Iran's proxies in Syria and Lebanon and Iraq and Yemen more
dangerous, that would strengthen the terrorist groups that
threaten the region and the world that Iran supports and
controls. That is why some of us believe that since the IAEA
isn't satisfied, we don't know about the military dimensions of
the program. We don't know about what else may be happening
inside Iran. And all the while, there may be penalties that
Iran feels on the oil front, but it hasn't slowed them in their
support of their terror proxies around the world. We need to
call an end to this at some point.
Ms. Ros-Lehtinen [presiding]. The gentleman's time has
expired.
Mr. Deutch. Thank you.
Ms. Ros-Lehtinen. Mr. Chabot of Ohio.
Mr. Chabot. Thank you. I want to thank you, Madam Chairman,
for calling this hearing and I want to echo the concerns that
have already been expressed this morning about ongoing nuclear
negotiations with Iran. I am afraid that if the Obama
administration reaches a deal with a Iran, it is likely to be a
really bad one because we have already conceded far beyond the
parameters of what would be an acceptable agreement in my view.
Now just a couple of questions. Various reports indicate
that negotiations remain deadlocked over fundamental issues
such as the size of Iran's enrichment capability. At this point
it is clear that Iran is stalling so that it can continue to
absorb the $700 million per month in hard currency that it is
receiving as a result of the sanctions relief. In order to
change the current trajectory, I believe we need to increase
the pressure on Iran because Iran does not believe it has much
to lose from dragging on this negotiation process. That is my
view.
Why should we have any confidence in the administration's
negotiations with Iran? Isn't it reasonable to conclude that
Iran is benefitting from the sanctions as I stated, the relief,
pocketing the $700 million per month in hard currency and just
stringing the U.S. along as long as possible, and in the end,
we are either going to end up with no deal or a lousy one? Mr.
Edelman?
Mr. Edelman. Well, as I said in my statement, Mr. Chabot, I
am also very worried about the trajectory of this negotiation.
I think if you look back, again, as far back as 2003, what one
sees is the international community's red line amounting to
kind of a serial concession to Iranian intransigence. So for
instance, in the 2003-2005 period, there was a freeze on
enrichment activity and the Iranians, the then nuclear
negotiator for Iran, subsequently explained in a book saying it
was a tactic that the Iranians used in order to work out some
of the difficulties, the technical difficulties they were
having in their program. That Iranian nuclear negotiator is now
the President of Iran, President Rouhani.
So I think not only does one have to worry about the
current state of the negotiations, but really the whole history
here has been one of Iranian intransigence leading to further
concessions. And if you are sitting in Tehran assessing this,
the conclusion you would draw from this is the longer you hold
out, the more extensions you get in the negotiations, the more
concessions you are likely to win.
Mr. Chabot. Thank you. Mr. Takeyh, let me turn to you. I am
already down to only 2 minutes left. You said we should listen
to what they say, and I tend to agree with you on that. We had
the previous leader say that he wanted to wipe Israel off the
map. We have the current leader who still chants ``Death to
America.'' Iran has said quite clearly on a number of occasions
that they are determined to have a nuclear industrial program.
Why should we have any confidence that negotiations with these
people will end well?
Mr. Takeyh. I would say the way the negotiating strategy
has taken place, paradoxically, it makes an impasse more
likely. Every time, as I think Eric said, we have met Iranian
intransigence, we have adjusted our red lines. For Iranians to
accept our current set of concessions means they would have to
forego a future set of concessions. As a result, there is sort
of a impasse built into these talks.
The policy in the summer of 2012, as Bob knows, was stop,
ship, shot. That clearly is not the policy today and that
clearly was an aspect of the Joint Plan of Action. So as the
red line has moved, and it has moved frankly for a decade
across administrations, Israeli red lines have moved. The
Iranian strategy of being patient and has a measure of
forbearance has yielded, unfortunately, nuclear concessions.
Mr. Chabot. I am almost out of time. Mr. Einhorn?
Mr. Einhorn. Congressman, you mentioned that Iran would
simply pocket $700 million a month. Let me just point out that
for every month they lose about $2.14 billion worth of oil
revenues, about $15 billion over the next 6 months and that
they are going to take a hit because of the reduction in the
price of oil. As time goes on, they get deeper in the hole.
Mr. Chabot. I am almost out of time. Let me just conclude
by saying that my concern is that the Obama administration is
so desperate for a deal that Israel and our allies in the
region and ultimately the United States itself, our security is
in jeopardy. And that is why I am so disappointed, concerned,
and this has been a disaster as far as I am concerned. I yield
back.
Ms. Ros-Lehtinen. Thank you, Mr. Chabot. Ms. kelly of
Illinois.
Ms. Kelly. Thank you, Madam Chair. For years, Iran used a
secret facility at Fordow, built into the side of a mountain to
advance their nuclear program. We know Iran has the history
with the covert program. A potential deal with Iran rests on
our assumption that Iran is not continuing an overt nuclear
program. What steps need to be taken to ensure that they are
not racing toward a bomb at a covert facility?
Mr. Hannah. Thank you, Congresswoman. I would just say that
in terms of what my testimony was about and trying to stiffen
the administration's position to mitigate the risk that I think
we run of the kind of the deal that we are heading towards, I
think we really need to pay attention to the verification and
inspection regime. I think the IAEA additional protocol is not
sufficient. I do believe we need a special inspection and
verification regime for Iran. I think the Congress should
insist on that. If it could it put in a joint resolution, I
think it would be fantastic. But it essentially has to be what
South Africa did when it gave up its nuclear weapons: Evidence
that it had truly made a strategic decision to give up its
nuclear weapons and agree to inspections that would be as close
to the ideal as possible of any time, anywhere, anyone you want
to interview you get access to. And I think that would be a
very good barometer of whether or not the Iranians have, in
fact, made a strategic choice to give up their ambition to have
nuclear weapons.
Ms. Kelly. Thank you.
Mr. Edelman. Ms. Kelly, if I could just add to my
colleague's comment, several members have raised the issue of
the past military dimensions of the Iranian program. And I
think it is absolutely incumbent on the administration to make
sure that the IAEA gets satisfaction on this before we reach a
final agreement because, for the life of me, I don't understand
how one would begin to design the kind of inspection regime
that John was just talking about until we have gotten to the
bottom of all of the suspected military dimensions of the
Iranian program.
Mr. Takeyh. I will just say one thing before yielding to
Bob. There is a lot of discussion about the type of inspection
regime that should accompany an agreement. IAEA does not have
satisfactory access to Iranian nuclear facilities today, as
acknowledged by IAEA reports. There has been a work plan
negotiated between IAEA and Iran that remains incomplete. The
first work plan was negotiated in 2006, 9 years ago. So at the
very least the negotiators should demand that IAEA complete the
work plan and Iran give access today, not as a component of a
prospective agreement.
Mr. Einhorn. Can I say that I agree with John that the
additional protocol is not enough. We have to have what I call
additional protocol plus. We have to have much greater access.
We have to have access to military installations. The Iranians
are resisting this. We have to insist on the ability to go to
military installations.
The IAEA has to be satisfied with Iran's record of the
past, these possible military dimensions. I don't think it is
going to be possible to learn everything about the past, but we
need to insist on knowing enough about the past so we are
confident that those activities are not continuing in the
present and will not continue in the future.
Ms. Kelly. How will we know what enough is? What will be
that measure to know what enough is?
Mr. Einhorn. Well, it is a combination of what we hear from
them about the past, plus what we are prepared to--what they
are prepared to agree to in terms of intrusive measures going
forward. I think the combination of the two would hopefully
give us the confidence that they don't have a covert program.
Ms. Kelly. Any other comments? Thank you. I yield back.
Mr. Connolly. Would my colleague yield?
Ms. Kelly. Yes.
Mr. Connolly. Thank you. Thank you. Mr. Hannah, I really am
struck with your suggestion because it just seems to me
Congress is once again probably going down a rather feckless
road. It makes us feel good. It allows us to pound our chest
and prove our bona fides, but it is not efficacious. The idea
of an inspection regime modeled after, for example, South
Africa, that kind of agreement is to me a very helpful thing
for you to suggest. So that is definitely something I think we
ought to be exploring frankly before we start going down the
road of additional sanctions which could only probably probably
queer the deal. And I don't think Congress wants to take
responsibility for queering the deal. Do you want to comment?
Mr. Hannah. Thank you, Congressman. On South Africa, I
think it is also worthwhile knowing that despite the fact that
South Africa up front made that admission and made that
agreement to that kind of inspection regime incredibly
intrusive, according to Olli Heinonen, the former IAEA deputy
director for inspections in Iran, that took 17 years to verify
everything that South Africa had and to make sure we had a full
understanding of the South African program. Here, we are
talking about at best, at best, 15 years for a regime that is
still engaged in a lie that goes to the hear of what this
negotiation is all about, that they continue to maintain that
they have never had any kind of ambition to have nuclear
weapons which will be----
Mr. Poe [presiding]. The gentlelady's time has expired. The
Chair will recognize the gentleman from South Carolina, Mr.
Wilson, for 5 minutes.
Mr. Wilson. Thank you, Judge Poe. And thank each of you for
being here today. I think it has been very helpful. And
Ambassador Edelman, your concerns about the course of
negotiations with your background, this is really important for
the American people to know.
Additionally, to me, it is really unfortunate that this
administration did not give, I believe, sufficient
encouragement to the young people of Iran who years ago, just a
few years ago, were seeking to rebuild a modern, advanced
nation. We could have given encouragement. I will never forget
the young accountant who bled to death as she was laying on the
street. The people of Iran want better. And we need to be
encouraging them.
In regard to that, Mr. Hannah, what is your analysis of the
logic to the President's negotiating strategy that the threat
of stronger sanctions will drive the Iranians away, rather than
compel them to make a better and real agreement? It seems
illogical to me and many of my constituents in the reverse of
reality.
Mr. Hannah. I think it is unfortunate that the President,
the way he has approached the issue of prospective sanctions. I
think he is essentially bought into an Iranian narrative and I
think up front in advance he is essentially granting legitimacy
if Iran decides to act on prospective sanctions and walk away
from this deal. They have essentially got the President of the
United States more or less saying they would be justified in
doing that, that he has been much tougher on the Congress than
he has been on Iran in these talks. And I think the focus of
sanctions, I don't believe it would lead Iran to walk away from
these negotiations. If it did it would be only temporary. I
think pressure is the only thing that has worked with the
Iranian regime and I think pressure is our best means of
getting a diplomatic settlement in this situation and actually
avoiding war. Quite the contrary to what the President
suggests.
Mr. Wilson. Avoiding war and threat to America, our allies.
Dr. Takeyh, Iran for decades has sponsored numerous
terrorist attacks in places as far flung as Thailand, Beirut,
New Delhi, Lagos, Nairobi, including the 2011 plot to
assassinate the Saudi Arabian Ambassador to the United States
and bomb the Israeli and Saudi Embassies in Washington. How can
the United States trust such a government to keep any
agreement? This is in the context of demonstrators in Tehran
carrying signs in English proclaiming ``Death to America. Death
to Israel.''
Mr. Takeyh. I think that is a fair point. I would suggest
that in Islamic republics' conception, international law and
international norms are conspiracies, forged by the Western
powers and inflicted upon it in an unfair and injudicious way.
It is kind of difficult to suggest that Iran can be a member of
the NPT in good standing while at the same time being a leading
sponsor of terrorism. The two states cannot be cojoined in a
sort of a logical construct. That is why I think once there is
an agreement, the immediate challenge of it is detection of
inevitable Iranian violations. And I am not quite sure how in
the aftermath of an agreement you can deal with those
violations in a sort of a systematic way with re-instructional
sanctions and penalties because I think the inclination would
be to have an American delegation meet an Iranian delegation
and highlight those disagreements and those violations and
presumably they take some corrective action. But I suspect if
Iran does not violate its arms control agreement prospectively,
it is the first time in history it has not violated
international legal instrument.
Mr. Wilson. That is incredible. Thank you. Additionally,
the American people need to know as Iran is claiming or the
regime, that this is for peaceful purposes, they are also, Mr.
Einhorn, developing a ballistic missile capability. Already
they have a capability of striking as far as Southeastern
Europe, Greece, Bulgaria, Romania. And they are developing a
greater ICBM. They have launched a satellite. In light of that,
with this delivery system, should the long-term agreement
include limitations on a ballistic missile capability?
Mr. Einhorn. I think it would be good if there could be
ballistic missile constraints in a nuclear deal. I don't think
it is going to happen. The Iranians say that their missiles are
for conventional weapons delivery, not for nuclear, so this has
no part to play. I think we are going to have to pursue quite
aggressively the question of Iranian ballistic missile
capability, but separately from these negotiations. I think it
is very important. I think the administration tries very hard
to interdict procurement by Iran of equipment and technology
for Iran's missile program. I think this should be a top
priority. The ballistic missile defense programs we have we are
working on with our European partners are designed to counter
Iran's ballistic missile capability. But I think making it a
part of the nuclear negotiations is going to be hard.
Mr. Takeyh. I will just add one thing.
Mr. Poe. The gentleman's time has expired. The gentleman's
time has expired. Thank you. The Chair recognizes one of our
new members from Pennsylvania, Mr. Boyle, for 5 minutes.
Mr. Boyle. Well, thank you, Mr. Chairman. It is an honor to
be on such an important committee. I am someone who is
generally a supporter of the President and this administration.
That having been said, I have a difficult time understanding
the logic that if Congress were to act and say not sanctions
today, but sanctions by a date certain if negotiations were to
fail, that somehow that is unreasonable or somehow then we
would be responsible for sinking these negotiations. When we
were up against the November 24th deadline, and then we decided
and agreed to yet another round of overtime to push things
another 7 months, I think many reasonable people, who even
might not have been supporters of sanctions at that time, came
over to the view that clearly we cannot allow negotiations to
go on indefinitely.
George Mitchell, who successfully negotiated the Good
Friday agreement in Belfast, talked about the importance of
having a deadline for those negotiations because there were
some issues that have been debated for hundreds of years and
could go on being debated for centuries to come.
So I have to say before I get to my question, I really
disagree with the view that if Congress were to act and make
clear what sanctions would be in the event these negotiations
fail, I disagree that that would somehow be irresponsible.
Now getting to the possibility of a deal, knowing that
Rouhani is not the ultimate decider, he is not the great
leader. That said, there does seem to be somewhat of a
moderating force in Iran that is more concerned with ending the
sanction regime and being an economic power rather than going
down the military path.
How much of a percentage of the Iranian regime do you think
that represents? And frankly, how emboldened would they be even
if there were a deal that they wanted to accept? What authority
or power would they really have ultimately to be able to agree
to that?
Mr. Takeyh. On the ballistic missile issue, the U.N.
Resolution 1625 has that which was negotiated in May 2010. I
think there is one difference between President Rouhani and the
office of the Supreme Leader. President Rouhani seems to
recognize that Iran's economic situation is unlikely to improve
without an arms control agreement. That particular logic is not
obvious to the office of the Supreme Leader. But I would answer
that by saying so what? So what does President Rouhani's
recognition of that fact mean, given the fact that unlike
President Ahmadinejad is not willing to buck the system? He is
likely to remain within the parameters and red lines that are
negotiated between his office and those of the Supreme Leader.
So irrespective of that agreement, which I think there is
some indication that there is, it is a disagreement without
significant consequence.
Mr. Boyle. Does anyone else have a comment on that? Well,
before I yield back, I would just say something that I believe
my colleague, Congressman Sherman said at the very beginning of
these hearings. To the extent that we can do anything with hard
power, but also with soft power to embolden moderating forces
and modernizing forces in Iran, it is certainly in our interest
and certainly seems there can be far more to do than what we
have been doing.
Do you have a comment?
Mr. Hannah. Thank you, Congressman. Can I just ask the
chair first if I could have entered into the record a new FDD
Report, ``Foundation for Defense and Democracy, The Case for
Deadline Triggered Sanctions on Iran?''
Mr. Poe. Without objection, the document will be entered
into the record.
Mr. Hannah. Thank you, sir. What I would say, Congressman,
is we have had this debate over time in the past with the
Congress consistently saying that we need more leverage, we
need more sanctions in order to get Iran to have any
possibility of getting a deal with the Iranians. And
consistently administrations have argued to the Congress that,
in fact, no that really won't be helpful. They go too far. You
will alienate our international partners and you will empower
radicals inside of Iran who want to keep pushing that nuclear
program forward.
I would say we had a definitive answer to that argument
when Congress finally went ahead and got the administration to
agree to those crippling sanctions in 2012. By the time those
went into effect in the middle of 2012, within a year, not only
had the entire Iranian political system thrown upside down and
the Supreme Leader allowing a more moderate, pragmatic face
like Hassan Rouhani to come into power, but you also had Hassan
Rouhani racing as fast as he could back to the negotiating
table to try and halt the continued escalation of U.S.
sanctions which was happening at that time. That, to me, is
pretty good evidence that I think on these issues, Congress'
judgment has been pretty good historically.
Mr. Poe. The gentleman's time has expired. The Chair
recognizes himself for 5 minutes. Thank you, gentlemen, for
being here.
In the State of the Union address, the President said this:
``Our diplomacy is at work with respect to Iran, where
for the first time in a decade we have halted the
progress of its nuclear program and reduced its
stockpile of nuclear material.''
That statement earned the President three Pinocchios from the
Washington Post. It is not true. It is either a mistake or it
is a falsehood. It seems to me that the United States and
Western Europe in dealing with Iran and expecting some deal
where we continue to back off sanctions, we are nothing more
than gullible and playing the chamberlain on this issue. It
seems to me that this hug diplomacy with Iran is like the West
being the timid sheep and if we lay down with the jackal of the
desert, we will become the mutton meal of the jackal.
I want to ask you specifically about the statement of the
President. Mr. Takeyh, would you like to comment on that
statement?
Mr. Takeyh. I will yield to Bob in a minute. I do think the
Joint Plan of Action has imposed some interim restraints on
various aspects of the Iranian program such as production of
medium-range fuel and 20 percent and the installation of new
centrifuges. And it hasn't addressed some other issues such as
research and development which I think is particularly glaring.
Now under the Joint Plan of Action, Iran had to maintain a
threshold of w enriched uranium to some degree. Bob will know
the number for sure. I think somehow they have gone above that
at times. But I do think it has exercised some interim steps
and restraints into the Iranian program.
Mr. Poe. I have more questions and if we have time we will
come back for the comments. I am glad you all are excited about
answering these questions.
Mr. Takeyh, you said that the Iranians have never--is that
right, did you say they have never agreed or fulfilled an
international agreement in the past? Is that what you said?
Mr. Takeyh. I think it is the genetic propensity of the
system to regard international law as an unfair imposition
resulting from Western conspiracy.
Mr. Poe. Have they ever agreed to an agreement?
Mr. Takeyh. Compliance is always tentative.
Mr. Poe. Compliance. So they have never complied?
Mr. Takeyh. Compliance is always tentative.
Mr. Poe. Tentative. All right. It seems to me that the
policy of the Iran Government is reflected in the Supreme
Leader's statement that it is the goal of Iran to destroy the
United States and Israel in reverse order, Israel first, then
the United States.
As far as you know, has that policy, that foreign policy,
changed? Ambassador.
Mr. Edelman. Well, I defer to Ray who is more expert than I
on Iran. But I think Iranian foreign policy has been from a
strategic point of view rather consistent since the revolution
in 1979. There have been lots of tactical shifts and moves back
and forth, but the overall objective of the revolution's
foreign policy I think has been consistent.
Mr. Poe. Mr. Hannah?
Mr. Hannah. I think the answer is no. It hasn't changed and
if you do actually listen to their words and believe what they
say, they are telling you every week some senior political or
military leader in that regime is telling you that their
objectives of world without America and destroying the State of
Israel is still very much in place.
Mr. Poe. So that is their goal. Does the United States
policy deal with that issue? Are we hoping to change their mind
or are we hoping to force them to change their mind? What is
our policy toward the comment that they want to eliminate us?
All right, Mr. Einhorn, you have been wanting to answer a
question. This one is yours.
Mr. Einhorn. Okay. It is the policy to counter Iran's
destabilizing behavior wherever it is and to beef up the
defenses of our partners in the region so that they can
withstand intimidation and pressure from the Iranians.
Mr. Poe. Let me interrupt you there. If the Iranians get
nuclear weapons, don't you think that there will be a rush with
Saudi Arabia, Turkey, and Egypt to get nuclear weapon programs,
Mr. Takeyh?
Mr. Takeyh. I do think there will be an inclination to move
toward appropriation of such technologies. And that is
something for the United States to be very mindful of
proliferation. I do think at times we tend to have exaggerated
views of cascades and so forth, namely that one nuclear power
can trigger similar things. And that would be a very great
challenge for the United States to temper----
Mr. Poe. Do you think those three countries will be
encouraged by the fact that Iran gets nuclear weapons to have
their own nuclear weapon program?
Mr. Takeyh. I think they are already encouraged to move in
the direction of indigenous enrichment which is a precursor to
such weaponry.
Mr. Poe. My time has expired. The Chair will recognize the
gentleman from Rhode Island, Mr. Cicilline, for 5 minutes.
Mr. Cicilline. Thank you, Mr. Chairman. Thank you to the
witnesses for being here today to discuss this incredibly
important issue. I, for one, am grateful to the administration
for their efforts to bring the Iranian Government to the table
for these historic negotiations. I think it is important that
we remember exactly what we are talking about here if the
negotiations were to fall apart. At the moment, the
administration is attempting to reach a diplomatic solution to
prevent Iran from acquiring a nuclear weapon. Should these
negotiations fail, the United States, the international
community together must be prepared to respond appropriately
including by using force, if necessary. But I think it is
absolutely vital that we undertake in good faith every
reasonable effort that we can to reach a non-military solution
and devote all the time and energy necessary to do that.
The President has asked Congress to give him until the end
of June to reach a deal and I, for one, am inclined to honor
that request. However, we all agree that Iran has to understand
this process will not be open ended or indefinite.
And with that, I go to my first question. The
administration has said that the Iranian economy has been
crippled by the sanctions. A recent State Department fact sheet
said that Iran's economy contracted nearly 7 percent in the
last year and contracted a further 3.4 percent through December
2013. Yet, we have also seen recent economic analysis that says
that the Iranian economy is beginning to recover as a result of
the sanctions relief under the Joint Plan of Action. Who is
right? What has the impact been of the limited sanction relief
that we have already provided? Are the sanctions still
providing for us the kind of leverage that we need at the
negotiating table to get the right deal? And what has been the
impact of the drop in oil prices on the Iranian economy? And I
invite whoever has the best and most accurate information with
respect to this issue.
Mr. Takeyh. I would just say they are both right. The State
Department Fact Sheet that captured the situation in 2013 is
correct and the IMF report that has suggested incremental
growth in the Iranian economy since then is also correct.
Mr. Einhorn. Congressman, I think what has happened is a
kind of Rouhani effect. Rouhani's economic managers are much
more competent than Ahmadinejad's economic managers. And so you
have had some incremental improvements. But I think especially
with the oil price drop and the continuation of our sanctions,
the Iranian economy cannot possibly recover. I think sensible
Iranians understand that. There has been a huge drop in per
capita GDP. The rial, their currency, has dropped something
like 56 percent from earlier years and even something like 19
percent from November 2013. I think the data indicates that
their economy is in really bad shape. Treasury Secretary Jack
Lew said it is like they are at the bottom, they are stagnating
at the bottom of a recession. And I think that is the reality.
Mr. Hannah. Congressman, if I can, I would just say that
whatever Bob says might be true, but I have no doubt that the
IMF is right despite all of the--and they are in deep trouble
economically. The trendline and trajectory is slowly upward, a
reduction of economic pressure from where it was when the JPAO
was signed. And I would just say that we have no historical
experience of successfully denuclearizing its state when the
economic, political, and military pressures are all going in
the wrong direction, that is, decreasing, rather than
intensifying.
Mr. Cicilline. My second question is that some observers
have suggested to us that Iran, the political leadership in
Iran, the Supreme Leader, and the Iranian people, as a result
of their efforts, have been convinced that somehow a nuclear
weapons capability is either essential to their national
identity or essential to their self defense. If that is true
that they successfully persuaded themselves and the Iranian
people of that, does that make a final deal on this impossible?
Because in the end if they conclude, however erroneous it is,
that it is essential for their self defense and they have
convinced the Iranian people of that and in the context of
Rouhani sort of running on some effort to change this sanctions
regime, does it make both a deal impossible because a deal can
obviously not include their ability to have nuclear weapons?
And secondly, does it make the collapse of negotiations
inevitable and a replacement of Rouhani by someone who is more
hard line. And I will start with you, Mr. Einhorn.
Mr. Einhorn. Congressman, Iran's leaders have convinced the
Iranian public that their enrichment capability is almost a
national birthright, a source of dignity and so forth. I think
there is a consensus across the political spectrum. They are
not prepared to give up enrichment.
They haven't convinced the Iranian people that nuclear
weapons are essential. Quite the opposite. The Supreme Leader
says there is a religious decree of fatwa against nuclear
weapons which is a good thing. Whether or not it is honest, it
is a good thing because in the Iranian public they have the
impression that this is not the policy of their country
Mr. Hannah. Congressman, I would just note that I think it
is going to be very difficult to get a deal. I don't think it
is impossible, but I think you really have to be able to
present the regime with a choice that either they are going to
continue with this program or their regime is going to be held
at real serious risk of either economic collapse or military
attack. I think the Congress had put the administration in a
position where that kind of choice was coming true for the
Iranians in the fall of 2013. And I now worry that that is not
necessarily the choice they are facing any more.
Mr. Cicilline. Thank you. I yield back, Mr. Chairman.
Chairman Royce [presiding]. Thank you, Mr. Cicilline. We go
to Mr. Ted Yoho of Florida.
Mr. Yoho. Thank you, Mr. Chairman. Thank you, gentlemen.
Take me back and kind of a review for maybe the new people and
myself of why we started the negotiations? Who started it? Did
we initiate it or did Iran come to the table and say we want to
negotiate? Just real briefly any of you.
Mr. Edelman. Congressman, I think I said in my statement we
have had about 10 years' worth of diplomacy. So this really
goes back to 2003 when the EU-3 was negotiating with Iran over
the early stages of its enrichment program after it was exposed
by the national----
Mr. Yoho. What I mean, if I can cut you off, what I mean is
with the negotiation and the release of the sanctions here
recently, the current ones.
Mr. Edelman. The Joint Plan of Action?
Mr. Yoho. Right.
Mr. Edelman. That was undertaken after the election of
President Rouhani.
Mr. Yoho. Did they come to us or did we say hey, let us
start negotiating on this and straighten this out?
Mr. Edelman. I think it would be fair to say that the
administration since President Obama came in had been reaching
out to Iran in the hope that they could engage them in a
negotiation. It became possible after Rouhani was elected.
Mr. Yoho. Mr. Hannah, what did we get out of the
negotiation? What was the benefit for us out of this?
Mr. Hannah. I think as Mr. Einhorn has explained that the
JPAO does commit Iran to certain tactical pauses in certain
elements of its current nuclear program. It happens to be on
the enrichment end that they were pausing elements of the
program that they have already quite perfected, that they don't
really need to improve in order to race forward to a nuclear
weapon.
Mr. Yoho. And that is something I want to bring out because
if you look over the past 25, 30 years, they have been
progressing this way as an isolated state for the most part
with sanctions on or off. And I see them progressing to this
point. And I don't see that we got really a whole lot out of
beginning these negotiations.
Let me ask you, 10 years from now do you see a nuclear
armed Iran? Mr.--how do you pronounce your name?
Mr. Takeyh. I got the easy one. Ten years from now will
Iran have nuclear weapons? I am not sure I can answer that
question, Congressman, with any degree of precision.
Mr. Yoho. Let me tell you what I have heard over the last 2
years, my first term in Congress. We have had all kinds of
experts sitting right where you are and they said within 6
months and this was going back to 2013, that within 6 months
Iran would have enough nuclear materials within 6 months to
have five or six weapons. So I can only assume these experts,
some of you guys might have been on that panel, you know, they
were correct. So I can assume at this point, listening to the
experts that Iran has the capability of that.
In addition, we know they have detonated a trigger device.
They have their ICBM missiles. So I will get to where I want to
go on this. But when I was in vet school, I had a professor,
things were real simple for us. He said if it looks like a
duck, walks like a duck, smells and quacks like a duck, it is
probably a duck.
What I see with the intent of Iran is the same thing. With
the rhetoric coming out, the extinction of Israel, the death of
the Great Satan, the Little Satan, Israel, one bomb nation, the
end of Zionism and all the other rhetoric that comes out of
there, I have to believe what they say is they don't mean to
carry on just a nuclear power program, that they are intent on
getting a nuclear weapon, if so, and I really believe they are
hell bent on doing that. What are we doing? Because what I see
is this is an exercise in futility, especially with the sunset
clause.
Regardless of what we negotiate within 5, 10 years or
whatever that date is, all restrictions are gone, so therefore
they are going to be that. You know, to answer my own question,
I see them either having it, the capability, or already having
it. What are we doing as a nation to protect when that point
comes? What are we doing to prepare for that next phase?
Mr. Takeyh. I would say one thing in point of agreement
with you, it is at times suggested that Iran will have all the
ingredients of nuclear weapons, but not cross the line. I think
if they get there, they will cross.
Now what are we doing in the region? I think at this point
if there is an agreement, I suspect that any administration in
power will try to enhance the security of the regional allies
to various deployments and various anti-missile forces and so
on.
Mr. Yoho. Mr. Einhorn, and then I want to add one more
comment at the end.
Mr. Einhorn. The U.S. intelligence community has decided
year after year after year that Iran is insisting on preserving
an option the Supreme Leader wrote, but it has made no decision
yet on whether actually to build nuclear weapons. I think this
is an issue for the future. What we can do through an agreement
is to deter them from making that decision to cross the line.
We can do it by making the path ahead to nuclear weapons very
long, long breakout time, getting the capability to detect
breakout at a very early stage and also threatening them with
consequences if we detect breakout, so that they know that they
will not be able to succeed. I think that is the theory of the
case.
Mr. Yoho. Thank you. And I yield back.
Chairman Royce. Thank you. We go to Mr. Alan Lowenthal of
California.
Mr. Lowenthal. Did I go out of order here?
Chairman Royce. Yes, I missed Mr. Gerry Connolly. I best go
by seniority. Mr. Connolly, Virginia.
Mr. Connolly. Thank you, Mr. Chairman. Thank you, Mr.
Lowenthal. Welcome to the panel.
Mr. Hannah, if I heard you correctly, you basically said
and I don't want to put--but what I heard you say to us was it
is worth the gamble if the past is prologue, sanctions didn't
drive them away. In fact, sanctions helped bring them to the
table. What probability though would you put on that not
working this time, that unintentionally--we have got to
remember Iran also was a political system and there are
factions. And there is probably a faction that would like to
resolve this issue more in our favor than not and then there is
another faction, probably the Supreme Leader leads that faction
that is very suspicious of this and frankly wants to see the
status and everything else that flows from becoming a nuclear
power.
We need to be careful that we are not unwittingly playing
to a faction not in our interest, not that we have friendly
factions, but less friendly factions. Don't we need to be a
little bit careful about new sanctions and the risk that the
fact the Iranians walk away from the table and use it as an
excuse to say we are done. And then the only option is what a
previous panelist referred to as kinetic options.
Mr. Hannah. Thank you, Congressman. I do think that you
have to, however low the probability you place on it, you have
to hold out the contingency that perhaps the President is right
and that Iran will try and use this as a chance to break out
and resume its nuclear program. I think it is unfortunate that
it might be part of a self-fulfilling prophecy and that I think
the President is now giving the Iranians, as well as some of
our international partners, the grounds and the arguments to do
exactly that. The President didn't have to do that. I can think
of a much different approach he would have taken in which he
would have said I don't agree with the Congress, I don't think
I need this power. I don't think it is in violation of the
letter of the JPOA. We have got enough waivers in these
prospective sanctions that if necessary I will continue to
prevent sanctions from going into place on the Iranians, but
still make the argument that if the Iranians made the fateful
choice to try and break out, this Congress and this Executive
Branch would be completely unified in mobilizing our
international partners to say that would be outrageous, and
that if Iran wanted to play that dangerous game, there is a
much higher, higher price to pay for them potentially beyond
whatever is being considered in these new prospective
sanctions. But I do think you have to take it into account and
plan for it that that could be an outside possibility.
Mr. Connolly. Ambassador Edelman.
Mr. Edelman. Mr. Connolly, if I could add to Mr. Hannah's
answer. I, from my own experience in government, am somewhat
skeptical of arguments about sanctions driving people away from
the negotiating table. During the course of the six party talks
with North Korea in the Bush administration in 2007, we were
told unless the Banco Delta Asia sanctions were lifted, North
Korea was going to walk away from the table. We lifted those
sanctions.
We then took North Korea off the terrorism list in the
summer of 2008. We then got them out from under the
restrictions of the Trading With the Enemy Act and those
negotiations collapsed and failed anyway, despite the relief of
sanctions. I think that was because North Korea had not made a
fundamental decision to limit its nuclear weapons program and
give it up and I think that is the same issue we are facing now
with Iran.
Mr. Connolly. I am going to ask the chair if he will
indulge the other two panelists to answer the same question.
Chairman Royce. Proceed.
Mr. Connolly. I thank the chair. I do want to say to you,
Ambassador Edelman, I take your point. But what if you are
wrong? It is a rhetorical question. But I mean as a member who
has to vote I would hope every one of us takes that
responsibility seriously.
Mr. Edelman. And you should.
Mr. Connolly. When Congress queers the deal in foreign
policy it is a big deal. The League of Nations comes to mind. I
am not sure that was our finest moment. And so we have got to
tread carefully. We can't just be facile about this, not that
you are being, but we must weigh this very carefully and we do
have to ask the question what if we are wrong?
May I ask the other two panelists, if either one wanted to
answer the question? And I thank the chair for his indulgence.
Mr. Takeyh. I think there are a number of reasons why Iran
has remained on the table that have nothing to do with the
nuclear issue. Number one is it seeks legitimization of its
nuclear program. That can only come at the table. Number two,
it does get a measure of economic relief, not in terms of the
$700 million, but in terms of the atmosphere that is conducive
to economic growth. That would also evaporate if it leaves the
table.
Finally, Iran's very aggressive policies in the region are
not being really challenged by the United States partly because
of the nuclear negotiations so that veneer of protection will
move. So there are a lot of reasons why Iranians have an
interest in the table, in the negotiations, even if those
negotiations are impassed.
Mr. Einhorn. Congressman, no one knows for sure whether new
sanctions legislation will scuttle the deal. By the way, all of
the P5+1 partners, all of whom have Embassies in Tehran and
have good contacts with the Iranians, all of them believe that
it would be very dangerous for us to pursue this course and it
could well undermine the negotiations. But we just don't know.
I tend to believe, I tend to agree with Eric, I tend to believe
they won't walk out, but I think it could have a deleterious
effect on the prospect for greater Iranian flexibility. The
question is are they necessary? Is it worth the risk? Should we
take that risk? Because right now we have strong economic
sanctions in place that are continuing to hurt the Iranians. We
have the oil price drop which is also hurting the Iranians.
And we can always come back. If we need to in June, we can
come back quickly and we can legislate new sanctions at that
point. And I suggested in my statement earlier, the Executive
and the Legislative Branches should be working now on new
sanctions legislation. Work them out. Get agreement. Work
together and have something that can be voted on quickly and
implemented quickly, if necessary, at the end of June or
whenever. So I think that is the question congressmen have to
ask themselves, is it worth the risk?
Mr. Takeyh. Can I just say one thing about a conversation
that you and I had, Congressman Connolly, at this hearing and
when I said to you that the administration has to come back and
say why does it think at the time of the last extension the
next 6 months will be different than the last 6 months? You and
I had that conversation.
It turned out the last 6 months were not that different
from the previous one. Whatever your view on sanctions is, the
administration is obligated to come to this House and say why
do they think the next 6 months will be different than the last
6 months? Why do they think they have sufficient coercive
leverage in the negotiations that are admittedly stalemated?
Mr. Connolly. And Mr. Chairman, picking up on that----
Mr. Perry [presiding]. Will the gentleman suspend? I
appreciate your time, but you have got to let folks weigh in.
The gentleman's time has expired. The Chair recognizes Mr.
Zeldin.
Mr. Zeldin. Thank you, Chairman. I want to thank Chairman
Ed Royce and the Foreign Affairs Committee for taking a
leadership role on this issue. Regardless of whether the
President is getting played or he is just playing along, when
the President gets played, my country gets played. Senator Bob
Menendez made a comment of the leader from his own party that
it seemed like his talking points were coming directly from
Tehran.
When the President says and his administration says that
there is an agreement and the leadership of Iran is immediately
refuting the terms of that agreement, in any way, there is no
meeting of the minds at all. Over the course of this debate,
whether we go back 10 years or we go back over the course of
the last 12 to 18 months, Iran has made a tactical decision
that they will benefit from billions of dollars of economic
benefit in return for pursuing nuclear capability, but doing it
just a little bit slower than they were previously. I think we
need to understand that our enemies do not respect weakness.
They only respect strength.
I support increased sanction. Mr. Sherman said at the
beginning of this hearing that it is important that we have a
July 1st game plan. This only goes into effect if there is no
deal.
I was criticized for my expression of gratitude for the
Israeli prime minister accepting the invite to come address a
joint Congress. Some say that having the Israeli prime minister
here undercuts America's foreign policy. One colleague on the
other side of the aisle said yesterday that it is a subversion.
If having the Israeli prime minister come address a joint
session of Congress is undercutting American policy, then there
is something wrong with America's foreign policy.
I think that we need to be posturing ourselves always from
positions of strength and not weakness. I believe in American
exceptionalism. We are a great country. We have seen it in Iran
as we have seen it in other foreign policy challenges our
country faces. There is nothing to apologize for if the
President sees himself with leverage going into negotiations.
And my question in some form or fashion with my colleagues
before me has been asked, but I would just like you to speak to
the very simple question of if Congress passes increased
sanctions, does that give this President--which only go into
effect if there is no deal--does that give this President more
leverage or less in his talks?
Mr. Edelman. Congressman Zeldin, I cannot imagine how it
cannot give him more leverage as the previous sanctions have
already given us leverage. I agree with Ray that economic
sanctions alone are not enough. I think we need to do a few
other things. I spoke in my statement about the importance of
convincing Iran that the military option is serious and real.
The administration likes to say all options are on the table. I
think when the Supreme Leader gives speeches ridiculing that
behind banners that say ``America can't do a damn thing to
us,'' it tells you that they are not convinced that it is real
and they need to be convinced that it is real because that is
part of getting them to the point that I think Mr. Hannah was
talking about earlier, concluding that a diplomatic solution is
the best option for them because the other options, both
economic and military are worse.
Mr. Hannah. Congressman, I think that in theory it should
give you more leverage, makes it much more difficult to have
more leverage when you have the leader of the negotiations, the
President of the United States himself arguing against it,
saying he doesn't want it and saying that such action would, in
fact, constitute grounds for unraveling the international
coalition and for our enemy walking away from the table and
resuming its nuclear program. So I think that is extremely
problematic. I think it could work, but I am worried about it.
Mr. Takeyh. I will say that if it is the administration's
position that the sanctions are unnecessary at this stage, then
they are obligated to say how do they propose to change the
dynamics of stalemated talks.
Mr. Einhorn. The administration says pressure is necessary
at this stage. It just believes that there is sufficient
pressure now augmented by the drop in the oil prices. There is
sufficient pressure. The question is whether there should be
what would be perceived internationally as a premature and
unnecessary provocation.
Mr. Zeldin. I thank the panel and again to the committee
and to the chairman. Last night I was in my office rereading
the U.S. Constitution and I see components of it talking about
the power of the purse of Congress, the ratification of
treaties, the declaration of war. Those out there who said that
this body is not an equal branch of government and does not
have a role in America's foreign policy I would recommend that
it would be good reading to look at the U.S. Constitution and
some of its analysis. I yield back the balance of my time.
Mr. Perry. The gentleman yields. The gentleman from
California, Mr. Lowenthal, is recognized.
Mr. Lowenthal. Thank you, Mr. Chair. And I want to thank
the panelists for having this discussion today and educating
us. It couldn't be more timely obviously at this moment,
especially after the President in the State of the Union asked
Congress not to impose any sanctions until the final details of
the agreement come out.
So my question and I think you have all dealt with it and I
first want to associate myself with many of the comments by
other members, especially Mr. Cicilline, who I am very
supportive of diplomacy if it works. So the question I have in
a much more specific way is in the Senate there is the Kirk-
Menendez Bill that has been introduced, which really talks
about specific, what to do now, specifically. And I think Mr.
Einhorn has already kind of answered this question, but I would
like to know from Ambassador Edelman and Mr. Hannah and Mr.
Takeyh, would you recommend that we take up that bill or a bill
similar to that, that specific bill which really does do--
increases sanctions if the interim agreement doesn't lead to a
comprehensive agreement. It is real clear. Should we be dealing
with that specific bill now?
Mr. Edelman. Mr. Lowenthal, I would, were I in your shoes,
bearing in mind, the understandable concerns that Mr. Connolly
and others have raised. Look, I spent 30 years as a career
diplomat, so I, too, support diplomatic efforts. I don't think
there is anybody on this panel or really very many people who
follow this issue who don't believe that a diplomatic solution
would be far preferable to having to resort to other means,
particularly military. But having said that, the key, I think,
is what you said. Supporting diplomacy, if it is successful.
And one of the challenges of diplomacy is not losing sight of
what the objective is. And I have seen unfortunately many times
where negotiators, understandably having been involved for a
very long time, become very committed to the success of the
negotiation with less concern about exactly what the outcome
is. And we need to remember what outcome I think all of us are
hoping for which is that we end up with a region that does not
have an Iran that has a nuclear weapons capability or on the
threshold of one.
Mr. Lowenthal. Just before I go on to Mr. Hannah and
Mr. Takeyh, I want to follow up on your answer. You know,
timing is obviously critically important and I think that is
what you are really saying in part is all the timing.
Recently, Prime Minister David Cameron said it is the
opinion of the United Kingdom that further sanctions or the
threat of sanctions won't help at all now. And as was pointed
out already by the representatives of Great Britain, France,
Germany, European Union recently wrote a very powerful op ed
piece saying that new sanctions now introduced could eliminate
this coalition, could break the unity. Do you agree with that?
Mr. Edelman. It is clearly a challenge for alliance
management, but I think some of that challenge has to be met by
firm leadership from the United States. Secondly, I think the
question is are the sanctions that are being discussed now
immediate or are they prospective? Somehow the Iranians are
free to announce that they are building two more nuclear
facilities which couldn't be less in the spirit of these
negotiations than saying if the negotiations don't reach a
successful outcome, then Iran would be subject to more
sanctions. Somehow that is not a provocation to us, but the
Congress considering sanctions is.
I will tell you, Mr. Lowenthal, one of the reasons I don't
believe the Iranians have been terribly serious about this
process and bringing it to a conclusion, one of the signals to
me that they are not, is the fact that they are not demanding
that the administration come to the Congress for approval of
whatever agreement is reached. If they were serious, and were
intent on an agreement that would outlive this Presidential
administration, they would say we will only agree to something
that you take to the Congress so that we know it has gone some
permanence to it.
Mr. Lowenthal. Thank you. I would like to go on to Mr.
Hannah.
Mr. Hannah. Yes, I would associate myself with Ambassador
Edelman's remarks, Congressman, and just simply note that if I
was sitting across the table from the Iranians, I would want
the Congress as active and making as much noise and being as
frustrated as possible.
Mr. Lowenthal. So you would be supportive of us taking up
the Kirk-Menendez Bill as soon as possible?
Mr. Hannah. I certainly would. I think any activity up here
does give, should give our negotiators leverage to say this
Congress is running out of patience.
Mr. Lowenthal. Regardless what our other members of the
P5+1 are saying?
Mr. Hannah. So long as the President of the United States
is agreeing with them that this is grounds for collapsing these
negotiations, if you had the United States explaining to our
P5+1 what needs to happen here and what these sanctions are all
about, I think you would mitigate the problem enormously.
Mr. Lowenthal. Mr. Takeyh?
Mr. Takeyh. I would say, Congressman, that at this
particular stage, given the differences between Congress and
the President on this issue has not helped the negotiations at
all and is not helping our negotiators. I would actually advise
instead of the Congress, the White House to come to Congress
and negotiate with it what kind of a sanctions bill they want,
what kind of equities they want to negotiate. I think Bob
mentioned that.
Mr. Lowenthal. Before the end of June they should be
coming, now publicly, after they have asked us not to do
sanctions?
Mr. Takeyh. They should have come long ago saying this is
what we want to see in a sanctions bill and the Legislative and
the Executive Branch can work something out. They do have
interlocutors on the Hill, far more ready than they do in
Tehran. And in that sense, I think the unity of the two
branches of government are critical for success of diplomacy.
Mr. Perry. The gentleman's time has expired.
Mr. Lowenthal. Thank you.
Mr. Perry. The Chair now recognizes Mr. Emmer from
Minnesota.
Mr. Emmer. Thank you, Mr. Chair, and to the distinguished
panel, thank you for your time. I just have a couple of follow
ups.
For Ambassador Edelman, I think you have answered it now.
At the beginning, you talked about recommending. You
recommended threatening or imposing new sanctions or additional
sanctions. From your most recent comments are you focused now
on sanctions in the event these current negotiations are not
concluded by the pending deadline?
Mr. Edelman. Yes, sir.
Mr. Emmer. And if you could do me one more favor and maybe
I will take this to others, sanctions are only as effective,
can only be effective if they are not hollow, in other words,
if they have an impact. It really doesn't matter what somebody
says whether they are going to honor it or not. If additional
sanctions are imposed, whether now or once the deadline
expires, are those sanctions going to be effective? Is that a
rhetorical question?
Mr. Edelman. Obviously, Mr. Emmer, it will depend a little
bit on what you and your colleagues consider and what you put
into the bill and how it is structured. I do think that there
is, although Ray has written elsewhere, that Iran is the most
sanctioned country in the world, I do think that there is still
room, there are other sectors of the economy that haven't been
hit yet, so I think there is still room to turn up the
pressure. And I think there are other things we can do and
members of the panel have suggested it, Mr. Sherman for one,
others have. It shouldn't be just economic pressure. I think
there ought to be support for democracy movements inside Iran.
I think there ought to be broadcasting. I think there is a
whole panoply of things we ought to be doing to put the regime
on notice that we will oppose it across the board as it seeks
to exert its hegemony in the region.
Mr. Emmer. Mr. Einhorn, in the interest of time I have a
different question for you. In the beginning, during your
testimony, you indicated that you believe continued strong
pressure, but not sanctions, additional sanctions at this
point, would be the prudent course of action. But then you went
on to say that we have time, that we don't need to act now and
if the current deadline expires, comes and goes, that we still
have time. How much time do we have, sir? What do you
recommend? Another 6 months?
Mr. Einhorn. I wouldn't put any arbitrary time limit on it.
All I am saying is that the current interim arrangement works
to our benefit much more than it works for Iran. Their nuclear
program is frozen in all meaningful respects. The sanctions are
biting very hard. I think if we cannot get the deal we want to
get, we can afford to wait. They are under much more pressure
than we are.
Mr. Emmer. Let me ask you, sorry to interrupt, but in the
interest of time, if the United States, our interest is peace
and prosperity, not only in that region, but across the globe,
and presumably that is one of the underlying reasons for these
negotiations with this regime, what is Iran's incentive for a
viable deal?
Mr. Einhorn. Their main incentive is to get out from under
the sanctions that are crippling their economy. I think that is
what brought them to the table. That is their incentive.
Mr. Emmer. But sir, and again, we get limited with time, we
have already heard testimony that their policy has not changed.
Their goal remains the same and that is the elimination of
Israel and the United States. So getting out from underneath
sanctions, again, I am going to ask you, what is their
incentive then is just to bypass any real solution so that they
can accomplish their goal?
Mr. Einhorn. A number of panelists have made this point.
They have to have a clear choice. They have to realize that
they can't achieve their goal except by agreeing to a deal that
meets our requirements.
Mr. Emmer. Well then, let me ask Dr. Takeyh. Isn't the only
way that you can give them a clear choice is if you have some
choice? In other words, you either reach an agreement and
eliminate the nuclear prospect or these sanctions will be
imposed?
Mr. Takeyh. I think at this particular stage, even in the
aftermath of an agreement, Iran will maintain a nuclear
infrastructure of some capability and after expiration of a
period of time, perhaps a decade or so, then is free to move
toward industrialization of that capability. So we will have to
live with or without an agreement with an Iran with a sizeable
nuclear infrastructure.
Mr. Emmer. Thank you. I yield back.
Mr. Perry. Chair thanks the gentleman and the Chair
recognizes the gentleman from Florida, Mr. Clawson.
Mr. Clawson. Thanks for hanging in there y'all. I think
this is just about it. Israeli leaders have repeatedly
indicated that they are prepared to take military action
against Iranian nuclear facilities. They have also stated that
they will not feel constrained from such action even if the
P5+1 signs a deal with Tehran that leaves its uranium
enrichment program intact. And there we have in our office what
we call the Tel Aviv conundrum. The administration cuts a deal
with Tehran. The Israelis feel even more vulnerable and even
more unprotected.
I guess my question is how do you all view that? What would
the Obama administration do and how should we think about that?
Israel's defense and safety is of very big importance to me and
my constituents and it feels like this train is just going down
the track and our friends are going to be left by the wayside.
Am I seeing something incorrect here or how would you all
respond?
Mr. Edelman. Mr. Clawson, let me make just a couple of
points in response to what you said. Number one, I do think
that Israeli potential, Israeli action is a major concern for
Tehran and I will give you some evidence for that. You may
recall a couple of years back, Prime Minister Netanyahu made a
speech at the U.N. General Assembly where he had the cartoon
with the sort of Wile E. Coyote bomb and had the marker for how
much 20 percent low-enriched uranium Iran would have to get
before he would feel constrained to do something. And what was
interesting is between that period and then the negotiation
between the Joint Plan of Action and the Iranians very, very
carefully kept below that level. They were down blending even
then, even before the Joint Plan of Action, some of their 20
percent low enriched uranium.
That suggests to me that at least somebody's red line had
some--held some concern for the Iranian leadership. Point
number one.
Two, I said in my statement that I think the United States
ought to be talking with Israel now about what kinds of
capabilities Israel thinks it needs to deal with this problem,
in part, because I think that is an incentive for Iran to reach
a deal. I think just the process of beginning those discussions
with Israel could begin to have some impact on Tehran's
calculus about this.
And then the final point I would make is I think it was, I
am not sure who it was in the administration who gave an
interview with The Atlantic with Jeff Goldberg, thank you,
suggesting that the administration had blocked Israel from
taking any action on this, but I think it was very, very ill
considered both because of the manner in which it treated an
ally, but also because it undercut the potential impact that
Israeli calculations might have on Tehran.
Mr. Clawson. So are you implying that Israel is a more
effective deterrent to Tehran than we are, given the approach
of our current administration?
Mr. Edelman. Mr. Clawson, deterrence is always a function
of capability and will. And I think in this case, I think right
now Israel might not, well, they don't have as much capability
as the United States does to inflict military damage on Iran's
program, but----
Mr. Clawson. But they have more will.
Mr. Edelman. But they probably are perceived to have more
will.
Mr. Hannah. Yes, Congressman, I would just say I agree with
Ambassador Edelman that it is unbelievably unfortunate that the
United States has actually been talking down the Israeli
military option, the way they have, because I think the
credibility of an Israeli strike is something that has been or
should be quite useful and helpful to the United States.
Having said all of that, I think if we get to the kind of
agreement that we are headed to with only a 12-month margin in
which the Iranians could race to a bomb, if we sign on to that,
if the international community does, I think it will put an
Israeli military option at great jeopardy. It will put Israel
in an unbelievably difficult position. And I would hope that
the United States, as part of any agreement, would come to the
Israelis and provide some very concrete, specific assurances on
what action we will take, including military action at the
first indication we have of an Iranian material violation of
any agreement going forward. I think that kind of agreement
with the Israelis is going to be essential if we are not going
to force the Israelis to either go it alone or swallow an
agreement that leaves them 7 minutes away from an Iranian
ballistic missile with a warhead on it.
Mr. Clawson. So what I am hearing from all of you, at least
the two that have spoken, is that our current approach is
disjointed, not just from Congress, but moreover from our
biggest friends in the region.
Mr. Hannah. I would agree.
Mr. Clawson. Yield back.
Mr. Perry. The gentleman yields. Gentlemen, you are at the
finish line, however, you have got me standing in the way, you
and lunch, so I will try and be brief here. I do find it
somewhat fascinating that the conversations, some of them,
center around the fact that if we impose or have this
discussion about the imposition of more sanctions or the
panoply of other measures, as the Ambassador says it, that
somehow we are the ones that are scuttling the negotiations. I
find that fascinating in the context of these folks, the
Iranians in particular, that have obfuscated, have been
historical obfuscators and strategic delayers of unparalleled
proportion. And I think the world can see that over the course
of time, they have marched forward, maybe in fits and starts at
some point, but have marched forward with their program and the
rest of the world has found a way over time to forgive more and
more and more of it and this is just a continuation of that.
So with that though, I am just curious, the IAEA has
uncovered significant evidence that Iran has engaged in
activities related to the development of nuclear explosive
devices or warheads and it refers to such activities as
possible military dimensions or PMD.
Ambassador, can you tell us were these issues mentioned in
the interim agreement, the PMD issues?
Mr. Edelman. In the Joint Plan of Action, the issues of PMD
are left to the IAEA to adjudicate with Iran and so far the
IAEA has not been able to make very much progress on that. And
in some areas, like the military explosive activity that may
have taken place at the Parchin facility, it seems pretty clear
from IAEA reports that the Iranians are very far along in
cleansing and cleaning up that site, so it won't be possible to
really learn much from going there.
Mr. Perry. So we are leaving it up to the IAEA, but
wouldn't you agree that that the PMD, the military dimension,
if Iran were seeking purely a civilian power generation kind of
approach to this whole thing, I don't think a whole lot of the
world would have as much difficulty as we have right now. It is
the military dimension.
What is in the United States' or the West's interest and
the coalition partners' interest to allow the IAEA to negotiate
that portion of the agreement?
Mr. Edelman. Well, the IAEA certainly has a lot of
technical expertise that can help them get to the bottom of
this, but I agree, I think, with the thrust of your question as
I said earlier, it is inconceivable to me that we can design a
monitoring and verification regime for any agreement without
having satisfied ourselves that we understand the past military
dimensions of Iranian activity. I don't know how you would even
know where to look if you hadn't gotten to the bottom of most
of these issues, if not all of them.
Mr. Perry. It seems to me that regarding the military
dimension certainly we want the IAEA's technical expertise, but
we must set the course and the foundation and the vision for
what will be allowed and what will not be allowed, and if we
leave that lock, stock, and barrel to them, who knows where we
might end up. It sounds incredibly irresponsible to me which
goes to the other point where some folks say well, the
President should be coming to the Congress to discuss what is
next and what sanctions may be. I don't know if you have
watched current events, if you are aware, but he has just said
you folks stay out of it, I will handle it. So we are duty
bound by our duty to the country and to our constituents to do
something in the face of what we see as irresponsibility.
With that, a key component is the delivery system, the
delivery capability. Shouldn't the long-term agreement include
limitations on the ballistic missile capability?
Go ahead, Mr. Ambassador?
Mr. Edelman. Well, I certainly agree with that. I think it
is a fact that no country in the world has had a ballistic
missile program of the scale and scope of Iran's without
actually moving forward to develop a nuclear weapon.
Mr. Perry. Mr. Hannah, should we be concerned? I just saw
recent reports. I am sure you saw the photographs of the tower
of the alleged ballistic missile located within. Should we, as
Americans, be concerned? Is this something expected,
unexpected?
Mr. Hannah. I think we absolutely should be concerned,
Congressman. There is absolutely no purpose for Iran to have an
intercontinental ballistic missile system capable of hitting
the United States and Western Europe unless it is married to a
nuclear warhead. There is no military rationale for it.
Mr. Perry. I mean this may seem elementary, but what
purpose does the ballistic missile system have regarding a
nuclear warhead in a peaceful nuclear program? Where is the
nexus? What am I missing? What are the American people--what
are all of us fools missing that think that we ought to impose
the panoply on Iran? What are we missing? Am I missing
something, Mr. Hannah?
Mr. Hannah. I don't think so, Congressman, other than the
fact that the Iranians have insisted this is a red line for
them. They will not discuss it and if we want a deal on the
nuclear issues, then we need to leave this issue of ballistic
missiles out of the negotiations. That is all I am aware of.
Mr. Perry. It is nice to know they are in the driver's
seat. With that, I will yield back. Sorry, I thought you were
free, but Mr. Issa is here, so I recognize the gentleman from
California.
Mr. Issa. Thank you. You are almost free. I want to try to
put something in perspective and then ask a very broad
question. I think when you are the last to ask a wrap-up
question sometimes has less fact and more history.
A silver-haired gentleman over my shoulder, the late Henry
Hyde, he hadn't served 5 years in this body, even though he
served 35 years, when Iran, under its present government using
the guise of ``students,'' took hostage all of our Embassy
personnel and kept them for 1,000 days. Negotiating with the
Jimmy Carter administration as though there was something to
negotiate, but never providing them until it was in their best
interest. Mr. Hyde was still a junior member, a lot less gray
hair, as they proceeded to fund terrorism around the world
including blowing up our Marines in '82 in Beirut, including
the formation funding of Hezbollah from its inception until
today.
Hafez Assad was still running Syria and counted on Iran to
provide him with money and munitions for decades between the
time Henry Hyde was a fairly young man and now approaching his
100th birthday. We have gone 35 years with a government that
funds and exports terrorism, who has used its vast oil wealth
not even to create in their country, even to create the ability
to refine their own oil into gasoline. Their priorities have
been on exporting terrorism, destabilizing both the Sunni Arab
world and quite frankly the opportunity for peace in Israel.
For 35 years, you can point to Iran as the single closest
reason of why we do not have peace for the Palestinians and the
Israelis.
So let me ask the question. I will start with Mr. Hannah, I
will go to all of you. Why in the world are we negotiating and
talking today about a small part of a small delay in their
ambition to have the ultimate weapon to give them impunity to
continue doing what they have been doing for 35 years?
Mr. Hannah. If that is the objective, and if that is where
we are headed, as I have said in my testimony, Congressman, I
don't think it is worth a candle to be going down that route,
especially if we are ignoring the fact that this export of
terror has only escalated and accelerated in the last year. I
don't think that should be the objective. I think our objective
should be to present them with a choice, that either you stop
this nuclear program that is the greatest threat to
international security that exists today or your regime will be
put at serious risk by the United States, by the combination of
a threat of military force that is very credible and crippling
economic sanctions that essentially shut down the Iranian
economy. Without that choice, I think this is a fool's errand.
Mr. Issa. Mr. Takeyh, obviously, the whole day we have been
talking about a fairly narrow part of our relationship or lack
thereof with Tehran, but again, a fundamental question. It has
been asked wonderfully as to whether or not we should tag on to
the back end of the President's negotiations, but the bigger
question is why is a Member of Congress who is still a first
lieutenant in the Army with no gray hair--not much hair
actually at the time--and now 35 years later is sitting here,
why is it that I should believe that we should even be talking
about the scope of well, if you will just slow down to a crawl
your nuclear development then we have got a deal and completely
ignore the human rights violations inside Tehran, or Iran, but
particularly the constant export of terrorism in which country
by country, it is Iran's goal to in fact, destabilize
countries, both are friends and our foes within the Arab and
Muslim world?
Mr. Takeyh. I think I agree with the thrust of your
question, Congressman. We shouldn't be ignoring human rights
abuses in Iran. We shouldn't be ignoring the fact that Iran has
a very aggressive regional policy today, and particularly, we
shouldn't be ignoring the fact that something that we don't
talk about is Iran today is undertaking military invasion of
Iraq with the seeming complicity of the Iraqi Government and at
least the passive indifference of the international community.
Mr. Issa. I don't mean to interrupt you, because your
answers are great, but as many of us that were on the dais
earlier know, Iran was providing the expertise to blow up,
dismember and kill our people from the very first days we put
boots on the ground in Iraq, they were providing advanced IED
capability. So it is not like they haven't been doing that
steadily including hundreds, perhaps thousands of Americans are
dead because of their assistance, but please continue.
Mr. Takeyh. I would just say that all activities of Iran
that are unsavory of which the catalog is a long one, and the
principal victims of the Iranian regime are the Iranian people.
And then everybody else in the region. All those should be part
of the American policy. Nuclear agreement or not, in my view,
we are destined to remain adversaries with this particular
regime and we should approach the relationship accordingly.
Mr. Issa. Thank you. Mr. Einhorn.
Mr. Einhorn. Congressman, you asked the basic question, why
should we be negotiating on the nuclear issue with a regime
that has done all these terrible, destabilizing things. And I
think the reason is that if we can stop their march toward
nuclear weapons, then we can prevent a situation where they can
do all of these bad things, but under the cover of a nuclear
weapons capability. In other words, they could be empowered to
do much worse. That is why it is important to deal with the
nuclear issue. At the same time----
Mr. Issa. Let me characterize, Chairman, if you will give
me a little indulgence. If I am characterizing your statement,
what you are saying in a nutshell is if they get a nuke, we
will never be able to stop them from terrorizing all of their
neighbors, exporting terrorism with impunity?
Mr. Einhorn. I don't mean to say that.
Mr. Issa. Well, but you are saying is we can stop them,
they won't be able to do it. For 35 years, they have never quit
doing it. So if they get a nuke, not only will they not quit
doing it, but we won't be able to encourage them to quit doing
it. Is that correct?
Mr. Einhorn. I think with a nuke, they will be empowered to
do worse. It doesn't mean that if we get a nuclear agreement
they are going to stop doing that. We are going to have to
counter them on these other behaviors with or without a nuclear
agreement and we should be doing more of that as some of the
other panelists have mentioned.
Mr. Issa. Ambassador, you look like you have got your mic
on?
Mr. Edelman. Yes, Congressman Issa, your question cuts very
close to the bone for me. When I was a junior foreign service
officer and was special assistant to George Schultz, I was the
person who had to wake him up in the middle of the night when
the Marine barracks was bombed in Beirut. I went to Beirut with
him in April 1983 after our Embassy was blown up and Bob Ames,
the national intelligence officer for Middle East was killed. I
served as Under Secretary for Defense for Policy for 4 years in
the Bush administration from 2005 to 2009. And had to watch as
the Sheibani Network and others, as you indicated, were killing
American men and women in Iraq. I had to watch after I made six
trips to Lebanon to help arm the Lebanese armed forces to try
and create an independent military to withstand--to stand the
country up after Syrian forces had withdrawn after the
assassination of Rafik Hariri and watched Iran's terrorist
proxies in Lebanon, upend all of that in May 2008.
So I feel the gravamen of your question to my core. And as
I suggested in my statement, we have to be prepared to contest
Iran in its struggle to dominate the region across the board on
all dimensions. I do think it is worth negotiating with them on
the nuclear issue if we can stop them from getting a nuclear
capability. I have very grave concerns, as I said earlier in
the hearing, that we have retreated well beyond that red line
to the point that what we may end up doing is ratifying an Iran
with an industrial scale enrichment capability on the threshold
of a nuclear bomb.
Mr. Issa. Thank you. Mr. Chairman, in closing I pointed to
my old friend, the late Henry Hyde. When I was a freshman of
Lebanese-American descent or Lebanese descent, an American,
Henry Hyde allowed me to go on a codel. And the first speech I
ever made in a foreign country I made in Lebanon at our Embassy
there, just above the monument, the memorial to those men and
women that were killed both at the barracks and at the Embassy
because our Embassy was also blown up. And at that time I said
Hezbollah is a cancer on Lebanese society. What I wish I could
go back and say in that speech is something a little fuller.
Hezbollah is a cancer on Lebanese society funded, supported,
paid for by Iran and until we stop Iran from exporting
terrorism, there will not be free people in Iran, in Syria, in
Lebanon, and I fear in most of the Arab and Muslim world.
So Mr. Chairman, thank you so much for this hearing today.
It is a good start on pushing back against giving up something
that is as worth fighting for as the Cold War was for most of
my parents' lives. Thank you. I yield back.
Mr. Perry. The gentleman yields. The Chair thanks the
gentlemen for their testimony and their service today and also
the participants in the hearing and with that, this hearing is
adjourned.
[Whereupon, at 12:49 p.m., the committee was adjourned.]
A P P E N D I X
----------
Material Submitted for the Record
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Material submitted for the record by the Honorable Edward R. Royce, a
Representative in Congress from the State of California, and chairman,
Committee on Foreign Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
[Note: Material submitted for the record by Mr. John Hannah, senior
fellow, Foundation for Defense of Democracies, entitled ``The Case for
Deadline-Triggered Sanctions on Iran,'' is not reprinted here but is
available in committee records or may be accessed via the Internet at
http://docs.house.gov/meetings/FA/FA00/20150127/102846/HHRG-114-FA00-
Wstate-HannahJ-20150127-SD001.pdf]
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