Iran so has been unwilling and that why the IAEA has rebuked them. The "big powers" have come foward with a plan that allows Iran to have nuclear power while meeting the obligation to prove it peaceful in nature.
On 30 September, speaking in New Delhi, the IAEA Director General confirmed that Iran has violated its obligations.<1>
Iran’s basic safeguards obligations are set out in its Safeguards Agreement (INFCIRC/214). This agreement was ratified by the Iranian parliament and entered into force in May 1974.
Like all others, Iran's Safeguards Agreement sets out general principles. It does not contain the exact details of how safeguards are to be applied. These details are included in much more complex Subsidiary Arrangements, which do not require ratification by national legislatures.
The Subsidiary Arrangements specify when a state must report a new facility to the IAEA. "Code 3.1" of the 1976 version of the Subsidiary Arrangements requires states to report on new facilities “normally no later than 180 days before the facility is scheduled to receive nuclear material for the first time.”
It became clear that this requirement did not provide the IAEA with sufficient time to plan and prepare for safeguards. So, in the early 1990s the IAEA modified Code 3.1. The new version requires states to report on a new facility as soon as the decision to construct it is taken.
In February 2003, shortly after its original clandestine centrifuge plant—the one at Natanz—was discovered, Iran agreed to the modified Code 3.1.<2> As is usual, this was accomplished by an exchange of letters.
In March 2007, however, Iran announced to the IAEA that it was suspending the implementation of the modified Code 3.1 and reverting back to the original form. The United States has claimed that Iran started building the Qom facility before this date. If this claim is correct—and the IAEA should try and verify it—then Iran obviously breached its obligations.
However, even if Iran only decided to build the facility after March 2007 then the charge of non-compliance still stands because Iran is not permitted to modify its subsidiary arrangements without the permission of the IAEA
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