With the dust still settling after United States and Israeli elections, next week may open a new phase of controversy in Iran’s nuclear program.

The November 24-26 board meeting of the United Nations’ International Atomic Energy Agency (IAEA) will likely see a fresh resolution censoring Tehran over restricted access to agency inspectors. Reports emerged Friday that the United States, France, Germany, and the United Kingdom, were circulating to the board’s 35 member-states a draft resolution calling it “essential and urgent” for Iran to address agency unease.

IAEA concerns are twofold. Firstly, as highlighted by the resolution, Tehran has not satisfied the IAEA over uranium traces found in sites used for pre-2003 nuclear work. There is little expectation of a breakthrough in meetings with Iranian officials planned for later this month.

Ned Price, the US State Department Spokesman, Thursday accused Iran of “foot-dragging.” Tehran has demanded the IAEA drop questions over the uranium traces to help talks, currently frozen, to restore the 2015 Iran nuclear agreement, the JCPOA (Joint Comprehensive Plan of Action), which the US left in 2018.

The agency’s second main area of concern is Iran’s reducing since February 2021 IAEA general access to the nuclear program, which is now broadly as required under the Nuclear Non-Proliferation Treaty rather than as enhanced by the JCPOA.

This downgraded access, coupled with the issue of uranium traces, has led agency director-general Rafael Mariano Grossi to warn he may no longer be able to verify the peaceful nature of Iran’s nuclear program. A report circulated Thursday to IAEA member states noted that “the longer the current situation persists the greater such uncertainty becomes.”

The agency monitors Iran’s uranium stockpiles, which it currently reports at 3,674kg, way above the 267kg JCPOA cap, including 62kg enriched to 60 percent, close to 90 percent ‘weapons grade.’ But Iran’s removal of monitoring equipment in factories where it makes centrifuges, machines that enrich uranium, has stymied the agency’s ability to judge the overall program. While access to such factories is not required under Iran’s NPT commitments, knowing the number and type of centrifuges Iran has ready and waiting is crucial to assessing how quickly the program can expand.

While Price said Thursday the US was consulting its “European partners,” options for effective action appear limited. The IAEA board passed a resolution June censoring Iran over the uranium traces, and it far from clear what a new resolution might achieve. The draft text, as reported by Reuters Friday, says Iran should “act to fulfil its legal obligations and... without delay…provide all information, documentation, and answers” required by the IAEA, as well as “access to locations and material…[and the] taking of samples…”

Unlike 2006, when the IAEA referred Iran to the United Nations Security Council over its atomic program, Russia and China would no longer back the move. Both hold UNSC vetoes and see the US as primarily responsible for the JCPOA’s demise.

Even though decisions over JCPOA restoration rest with President Joe Biden, JCPOA critics in the US may feel emboldened by the swing away from the Democrats in the November 8 Congressional elections, even if control of both the House of Representatives and the Senate remains unclear.

‘Acting with judgement’

The looming return to office in Israel of Benjamin Netanyahu after November 1 Knesset elections is another complication. Outgoing prime minister Yair Lapid developed a good relationship with the Biden administration although critical of efforts to revive the JCPOA, whereas Netanyahu previously identified with President Donald Trump. Outgoing Defense Minister Benny Gantz Wednesday talked up work done by the outgoing administration in preparing for military strikes on Iran, suggesting Netanyahu would now “act with judgement.”

While the Ukraine crisis, Iran’s wave of internal protests, and Tehran’s growing links with Moscow have all brought the US closer to the three European JCPOA signatories – France, Germany, and the UK – Biden’s alternatives appear limited.

Given “Iran’s dangerous proliferation of weapon systems to Russia,” Price said Thursday the US would “continue to vigorously enforce all US sanctions on both the Russian and Iranian arms trade.” He conceded that while Washington was “looking at all appropriate tools” for dealing with Iran, it was already “very heavily sanctioned, to say the least…for the full range of their nefarious activities.”