JON TESTER seven non a United States Senate : July 29, 2015 ‘The Honorable Barack Obama President of the United States 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500 Dear President Obama: I write regarding the recently announced deal between the United States, China, France, Russia, Germany and the United Kingdom (P5+1) with Iran with respect to Iran's nuclear capabilities. If approved, this agreement will have lasting impacts on the United States and our allies. I appreciate the myriad demands our negotiators faced during these discussions. However, I have a number of questions and concerns about the deal as signed. First and foremost, I do not trust Iran’s leadership. Iran's government continues to oppress minorities and women, and violations of human rights have worsened under President Hassan Rouhani, according to a United Nations special rapporteur on human rights. Moreover, Iran has for years been a sponsor of terrorism worldwide, Lam also concemed about the continued threat Iran poses to regional security. [ran continues to support the Assad regime in Syria, funnels funds to Hezbollah, and has engaged in a proxy war in Yemen. Iran continues to undermine its neighbors, and it is our friends and allies in the region most threatened by a nuclear-armed Iran, For years, we have relied on the regional intelligence, surveillance, and deterrence capabilities of Israel and the Gulf States, and we cannot afford to ignore their concerns about the JCPOA. I strongly urge the administration to make its commitment to regional security clear - most importantly by ensuring Israel's national security. While I continue to be troubled by Iran's intentions, I have questions regarding the JCPOA itself. According to the JCPOA, Iran has agreed not to "engage in activities, including at the research and development (R&D) level, which could contribute to the development of a nuclear explosive device" but | am concemed that this provision is not verifiable, According to Annex 1 of the JCPOA, Iran is still eligible to continue conducting enrichment R&D "ina ‘manner that does not accumulate enriched uranium” yet will also be able to conduct testing their own IR-6 advanced centrifuges "before the end of year 10." I believe that a good deal must be based on verifying that Iran is living up to stringent international restrictions that prevent it from producing or obtaining a nuclear weapon. Recently, you stated that "inspectors will also be able to access any suspicious location” and that the International Atomic Energy Agency (IAEA) "will have access where necessary, when necessary."” While the agreement allows for Iran to propose alternatives to inspections that could Bozeuny Burre (406) 586-450 (400) 723-2277 Great Fauis Hetenn Kausrent (406) 452-9585 (406) 448-5401 Missouts 1408} 728-2008‘The Honorable Barack Obama July 29, 2015 Page 2 satisfy the IAEA's concerns, I fear that this initial lack of access could lead Iran. to provide a subterfuge to hide or remove illicit nuclear activities. To this end, the JCPOA's inspection and verification regimes must be buttressed by a plan to ensure that the Agreement's framework to require inspections in 24 days or fess is an absolute maximum and cannot be extended through Iranian obstruction. Under the agreement, restrictions on arms sales to Iran will remain in place for five years while ballistic missile technology restrictions will continue for eight years, The ultimate lifting of these resirictions will raise dangerous new possibilities in the region. Therefore, monitoring the movement of these weapons and technologies is critical to our regional allies’ security. Finally, [ remain concerned about the sanctions relief being provided to Iran, even should it be certified to be in compliance with the JCPOA. It is clear that immediate sanctions relief was a priority for Iran's leadership. To our negotiators' credit, such will not be the case under the ICPOA, with the stipulation that Iran must first uphold its commitments prior to U.N, Security Couneil, European Union, and U.S. sanctions relief. remain concerned, however, about the unfreezing of aver $100 billion in Iranian assets, should Iran be found to be in compliance with the ICPOA. We must be diligent in tracking these monies to ensure they are not used to promote anti-American efforts in the region and are not funneled to fund brutal and deadly attacks against our allics in the Middle East. ‘Therefore, I request a response to these additional questions about the JCPOA: 1. For the next decade, Iran may conduct limited R&CD for domestic nuclear purposes and will then have increased access to advanced centtifuge technology. What measures will the U.S. and our allies use to ensure that all R&D conducted over the next decade will not allow Iran to develop its own nuclear explosive device after the initial timeframe within the JCPOA? 2, What detection measures or technologies will remain in place for IAEA. inspectors to prevent Iran from providing a subterfuge or removing entirely technologies or materials from areas suspected of housing illicit nuclear material? 3. What measures will the U.S. and the United Nations Security Council impose on ‘conventional arms and ballistic missile technologies after the timeframes for the lifting of sanctions of conventional armas and ballistic missile technologies are reached under the agreement? 4, Should the JCPOA endure and Iran remain in compliance, what additional steps will your Administration take to ensure that a conventional arms buildup does not occur in the region? $, Has the Administration seen an increase in Iran-backed support for terrorism since sanctions relief commenced under the Joint Plan of Action (JPOA)? Should the sanctions be lifted and Iranian assets unfeeze, how will your Administration ensure that these funds are not being funneled to support terrorist activities, used to fund military efforts against our allies, ot endanger American national security? Regardless of the opinions one has about the final agreement, | applaud the interagency cooperation of our diplomatic team, nuclear and technical experts, international lawyers, spokespersons, and administrators, and many others to negotiate this agreement. These individuals are patriots and deserve recognition for the work they have done for our nation,‘The Honorable Barack Obama July 29, 2015 Page 3 ‘Thank you for your commitment to providing Congress with the information needed to make an informed decision. [look forward to further engagement with members of your stration and I appreciate your prompt response to my inquiries, Sincerely, Jon Tester United States Senator