Obama Signs Bill That Bars Iran’s UN Envoy: Hopefully, the Rejection of Abutalebi Hasn’t Jeopardized the Nuclear Talks

The bill that US President Barack Obama signed into law on April 18th blocks any individual from entering the US, including a Member State’s appointee to the UN, who has been found to have been engaged in espionage or terrorist activity against the US and its allies or if that person may pose a threat to national security.

According to an April 18, 2014 New York Times report entitled, “Obama Signs Bill That Bars Iran’s Envoy,” US President Barack Obama signed into law the bill that prevents the granting of a US visa for Iranian diplomat Hamid Abutalebi.  The bill, itself, was unanimously passed by US House of Representatives and approved by the US Senate on April 10th.  The vote in Congress was supposed to send what sponsors called a blunt rejoinder to the Iranian government for having selected a nominee who played a role, however minor, in the 1979 American hostage crisis in Tehran.  Iranian officials have said Abutalebi’s appointment was decided months ago, but it is still believed by US experts that hardliners in Iran urged Abutalebi’s appointment as Iran’s UN permanent representative to create controversy, snuff out reconciliation efforts, and halt the nuclear talks.  Compassion and sympathy should be felt toward the former embassy staff members who suffered during the hostage crisis.  Yet, while Iran might decide upon a candidate based on domestic political considerations, it is not useful for the US officials to reject an Iranian candidate based on domestic political considerations.  Given all that has been articulated so well by the Obama administration the possibilities that could come from newly established diplomatic engagement between the US and Iran, his decision to block the visa does not appear rise up to that same positive spirit.  Obama’s support for the Congressional legislation, that banned Abutalebi and dredged up the many visceral issues associated with the hostage crisis, makes the administration’s statements in support of building better ties seem more as mere lip service to the process rather than a genuine effort. 

What remains to be seen is whether a strong enough communion exists among US and Iranian officials that would allow them to overcome such stumbling blocks as a disputed appointment to the UN.  Unless Iran can use legal means and negotiations with the US to reverse the decision on Abutalebi, the ship has likely sailed on the issue of his appointment.  Before Obama signed the Congressional bill, an April 10th New York Times article informed that some US specialists on Iran said optimistically that despite the sharp language, they did not forsee the dispute over Abutalebi sabotaging the broader efforts at achieving a nuclear agreement.  Cynics, waging a “legislative war” against Iran, are unable to see the value of the improved relations and idealist are unable to discern the capability of provocative statements and acts to effectively derail the nuclear negotiation process. Yet, perhaps this might be a case when cynics and idealists alike in the US are unable to fully discern the situation before them.  In the end, to avoid war and to ensure greater confidence that what is happening both in Iran and the US is known, both cynics and idealists must oddly come together, along with pragmatists, to help establish a sustainable agreement satisfactory to all.  Such steps taken now will facilitate efforts to maintain the agreement by its future stewards.

The Concerns Over Abutalebi

This episode regarding Abutalebi is not the case of one hand not knowing what the other is doing.  In Iran, the selection of Abutalebi to replace the current permanent representative of the Islamic Republic of Iran to the UN, Mohammad Khazee, hardly could have been made without input from the Supreme Leader, Ayatollah Ali Khamenei, Iranian President Hassan Rouhani, and Iranian Foreign Minister Javad Zarif.  It was undoubtedly tacitly supported by the Iranian Revolutionary Guards Corps (IRGC) and hardline political and religious leaders.  However, when the selection of Abutalebi was made in Tehran, even if months ago, it had to be recognized then, as it is quite apparent now, that his selection would cause a strong response within official Washington, given his connection to the infamous capture of the US embassy in Tehran in 1979. In the US, the decision to withhold a visa from Abutalebi gained impetus in the US Congress after legal representatives of the 52 embassy staff members of the captured US embassy in Tehran reported that he was among the revolutionaries, some of whom engaged in acts of mental and physical abuse against many of them during the 444-day hostage crisis.  Misgivings about Abutalebi rapidly built among Members of Congress and were manifested in a bill to prohibit him from entering the US.  Given the significant progress made in the P5+1 negotiations with Iran on its nuclear program both in Geneva as well as back channel talks between US and Iranian officials, it was incumbent upon Obama to fully weigh blocking one Iranian diplomat, albeit with a problematic history, against paving a smooth course toward an historic agreement with Iran before placing his signature on it.

Abutalebi is a veteran diplomat who began working in the Iranian Foreign Ministry in the early 1980s.  He has held key European postings in the past.  He served as Iran’s ambassador to Italy, Belgium, and Australia. Abutalebi is said to be connected to circles close to Rouhani as well as former President Akbar Hashem Rafsanjani.  In September 2013, Abutalebi was appointed as deputy director of Rouhani’s political affairs office.  He also headed the Central Asian branch at the research center of the Expediency Council lead by Rafsanjani.  Abutalebi is said to be close to former President Mohammad Khatami, a reformist.

Abutalebi stated that while he was a part of the Muslim Student Followers of the Imam’s Line, the student group that occupied the US embassy in November 1979, he was not among the core group of student activists and was not inside the embassy during the crisis.  Nothing stated or reported indicates Abutalebi’s actions 35 years ago were of an egregious nature.  In fact, Abutalebi claims he was Ahvaz during the occupation of the US embassy.  It was only when he came back to Tehran that he was asked to help with some translation and he accepted to do it.  Abutalebi was quoted on the Iranian Khabaronline website as stating “I did the translation during news conference when female and also African-American employees of the embassy were released.”

Yet, Abutalebi’s explanation of his involvement in the embassy seizure was never relevant to US officials.  A spokesman and attorney from the legal team representing former hostages who have made compensation claims, Alan Madison, admitted that very little concrete information was available about Abutalebi’s role in the hostage-taking. Madison stated, “After 34 years, it’s difficult to say this was a central character or this was a tangential character. But he was there, and it’s our understanding that having been a participant, he still has some political credibility with some of those folks in Iran.”  Madison also presented a statement from former hostage, Barry Rosen that explained, “It’s a disgrace if the USG (U.S. government) accepts Abutalebi’s Visa as Iranian Ambassador to the U.N.”

The Abutalebi Case Shows US-Iran Relationship Requires Far More Work

Relations between the US and Iran remain far from perfect, however they are at a new stage as a result of the nuclear negotiations.  The talks have provided a unique opportunity for US officials and their Iranian counterparts, through close contact, to acquire a better understanding of each other.  Much of what has been learned since surely contradicts Iranian leaders’ prior assessments of capabilities and possibilities regarding the US.  For the US and Iran, the improved understanding of mutual positions was further strengthened by back channel talks, some conducted by officials from the US National Security Council. Indeed, progress has been made of the nuclear issue and sanctions.  Key Iranian leaders at this point may be able to see, even with the most powerful revolutionary slogans in mind, the real possibilities of a final agreement. US Secretary of State John Kerry, the senior US authority on diplomacy, admits that Iran has kept its end of a deal reached on November 24, 2013.  On February 24, 2014, Kerry stated Iran had reduced its stock of 20 percent enriched uranium, not enriching uranium above a purity of 5 percent and not installing more centrifuges in addition to other things.  Kerry explained that “They [the Iranians] are in the middle of doing all the things that they are required to do.”

However, cynics ignore such truths.  The truth, itself, is seemingly viewed as treason for those against the change in relations between the US and Iran.  Despite progress, enough US and Iranian leaders have not moved forward at all in their thinking and they seem determined to have a negative impact on the negotiation process.  As the IRGC General (Sarlashkar) Mohammad Ali Jafari has stated, “Anti-Westernism is the principle characteristic of the Islamic Republic.”  On the Geneva talks, Khamenei from the beginning made statements such as: “We had announced previously that on certain issues, if we feel it is expedient, we would negotiate with the Satan [US] to deter its evil.” In the US, it remains dogma among policy analysts and think tank scholars to view Iran as determined to pursue nuclear weapons through its nuclear program.  The idea that nuclear talks may be the path for new, positive relations between the US and Iran, probably will not gain acceptance among cynics until a final agreement is achieved.  Even then, some will cling to doubts.

Given emnity that surfaced in both Tehran and Washington over the matter of Abutalebi’s selection as Iran’s permanent representative to the UN, it is clear that hardliners in Tehran or Members of Congress persist in viewing policy goals and approaches giving primacy to information developed in the abstract long before the negotiations began.  A new understanding of each other’s ideas on issues and intentions should have been developed given the months of talks between the US and Iran.  If a more positive understanding of respective concepts and intentions is not reached soon, the failure of the direct talks will practically be ensured.  Moreover, with a limited understanding of a counterpart’s thinking, cynics significantly lessen the possibilty of achieving their own policy goals.

The Way Forward

Despite what idealist may hope, how Obama handled this matter will determine what type of confidence he builds among leaders in Tehran.  Having stood with what Iranian officials see as the banality of Congress’ rejection of Abutalebi over his nearly indiscernible role in the US embassy seizure, Tehran may use the signing of the bill to gauge whether Obama would challenge Congress on other issues concerning US-Iran relations, to include the nuclear talks.  Although Obama cannot prevent Congress from passing sanctions or force Congress to remove them, he could greatly curtail or remove sanctions over the nuclear program under a final deal by waiving them until he leaves office if he chooses.  The Iranians probably recognized that was the most they could expect.  Now, even that outcome has been put into question.

At the UN, Secretary-General Ban Ki-moon, other senior officials, and even UN Member States most friendly with the US, would unlikely require or expect Iran to repeatedly present candidate after candidate until one would finally be found acceptable to the US.  Some of those friendly states have already accepted Abutalebi as an ambassador in their capitals.  The bill that Obama signed into law blocks any individual from entering the US who has been found to have been engaged in espionage or terrorist activity against the US and its allies or if that person may pose a threat to national security.  From the information that has been presented about Abutalebi so far, it does not seem that by his mere presence in New York City as Iran’s UN permanent representative, he poses any threat to the US.  Interestingly, Abutalebi’s actions during the embassy takeover were undoubtedly far less egregious than that of some diplomats past and present from states whose forces have engaged in combat against the US military since World War II, including China (The Korean War 1950-1953), Vietnam (The Vietnam War 1964-1973), Cuba (Grenada, Operation Urgent Fury  1983), Serbia (Operation Allied Force, 1999), Montenegro (Operation Allied Force, 1999), or Iraq (The Gulf War 1991 and The Iraq War, 2003-2011).  Except in the case of Cuba, the US has normalized relations with those states.  There is plenty of literature available that explains known or detected members of the intelligence services in the UN Missions, embassies, or consulates of states such as Russia, China, or the North Korea are, more often than not, granted visas and not expelled from the US as persona non grata.  Perhaps it should be considered by Congress that if Abutalebi is kept from assuming his post as Iran’s UN permanent representative, perhaps out of spite and due to extraordinary pressure from hardliners, Tehran might just send a new appointee, a very capable government official outside of the Foreign Ministry, who may have a less obvious profile but later may be discovered to have committed acts against the US and interests.

Rather than just deciding on whether to accept or reject the Congressional bill on Abutalebi, Obama could have used the situation as an opportunity to demonstrate what good things can come from thoughtful, direct presidential involvement in foreign policy efforts.  His personal involvement in US policy on Iran should always result in the injection of fresh thinking to the process to keep things moving forward.  The same should be expected of Rouhani.

The nuclear negotiations have meaning for present and future US-Iran relations.  Will and intellectual power is required to recognize the benefit of constructing a satisfactory and sustainable agreement.  True, a healthy dose of cynicism must exist in the process despite the best intentions.  However, the cynics must not be allowed to win the day.  For them, relations between the US and Iran appears to boil down into a competition over who has the upper hand in the relationship outside of the military sphere. Idealists would likely agree that a deal can be reached without the assistance of Iranian hardline political and religious leaders and the US Congress, yet it cannot be successfully concluded without their help.  Perhaps a focus could be placed on encouraging cynics on both sides.  As a result, they just might be helped to see, in a new way, the possibility of an agreement, and appreciate its value would be akin to that of a pearl of great price.

Kerry Appears to Reject Iran’s Call for New Nuclear Proposal, But Iran’s Leaders Were Unlikely Frazzled by That

In an October 7, 2013 Washington Post article entitled “Kerry Appears to Reject Iran’s Call for New Nuclear Proposal,” Anne Gearan reported US Secretary of State John Kerry feels that warming relations between the US and Iran do not mean that the US will back off its demands about Iran’s nuclear program or roll back missile defenses in Europe aimed at intercepting an Iranian attack.  Back in September, Gearan notes, Kerry met with his Iranian counterpart, Iranian Foreign Minister Mohammad Javad Zarif at the UN General Assembly in New York and US President Barack Obama telephoned Iranian President Hassan Rouhani at the end of the event.  Kerry reportedly stated on October 7th that “We’re waiting for the fullness of the Iranian difference in their approach now.”  He further explained, “But we’re encouraged by the statements that were made in New York, and we’re encouraged by the outreach.”  However, included in the article was a quote from Zarif, also Iran’s chief negotiator on the nuclear issue, extracted from Iran’s state media.  Zarif stated the US should bring new proposals to a multi-party nuclear bargaining session in Geneva next week.  According to Gearan, Kerry appeared to reject that idea.  He explained Iran still has not responded to the last offer put forth by the US, Russia and others, in February.

Such increased requests for proposals and other deliverables from the US by Iran and any effort to shift nuclear away bilateral engagement with the US talks to a broader negotiation with the Europeans and Russia may create the impression that an effort to stall the negotiations could be underway.  That would come as a huge disappointment in Washington given expectations created by the eloquent case Rouhani made for opening a dialogue with the US before and after his election as president.  Zarif is astute enough to know that Kerry will shut the talks down if he discerns an effort to stall, misdirect, or deceive through negotiations.  It might be expected this would be viewed as disastrous in Iran, but the reality is that achieving nothing through the nuclear talks might be acceptable within Iran’s power elite.  Indeed, in Iran, the talks are not nuclear talks as much as talks on the economic sanctions.  If there is not an outcome on economic sanctions acceptable in Tehran, then an agreement may not be reached.  The US would need to prepare to act with either further coercive diplomacy or military action, or simply wait for Tehran’s next step, which may be the acquisition of the capability to build a nuclear device.

Does Tehran Want an Agreement on Its Nuclear Program?

The Supreme Leader Ayatollah Ali Khamenei has been supportive of Rouhani and has given him the authority to act in negotiations with the US.  However, the goal of the negotiations from Iran’s view is not as much to find compromise on its nuclear program as it is to gain some compromise from the US on economic sanctions.  The nuclear program is seen by Khamenei, the Iranian Revolutionary Guards Corps (IRGC), as well as hardline political leaders and senior clerics, rightfully Iran’s to keep, and a necessity, even though the pursuit of the essentials for a nuclear capacity has made Iran much poorer.  Although for years, Khamenei and the Iranian leadership have rejected the idea of Iran wanting a nuclear weapon, US policy makers suspect that Iranian leaders actually believe nuclear weapons will make Iran stronger. This situation has placed both Rouhani and Iran’s negotiator, Zarif, in a difficult position.  They must try to end economic sanctions, but manage to hold on to Iran’s nuclear program, with all of its potential, knowing the US will not agree to those demands.. 

In Iran, there have been shrill responses by key players over the talks with the US and strong condemnations of the Obama administration threats over Iran’s nuclear program.  During a speech before Friday prayer in Tehran, the adviser to IRGC Commander Maj. Gen. Jafari and Expediency Discernment Council Member, Mohammad Hossein Saffar Harandi, (and former Minister of Culture and Islamic Guidance in former President Mahmoud Ahmadinejad) discussed events in New York during the UN General Assembly.  As translated from the Iranian Students News Agency by Will Fulton and Amir Toumaj of the American Enterprise Institute, Harandi reportedly stated “Our president went to the UN to solve problems with all options open from the Supreme Leader and a framework of red lines. The American Secretary of State, in opposition to the commitments and statements he made, did not recognize Iran’s right to enrich uranium, said that none of the officials had agreed on Iran’s right to enrichment, and said that no changes had taken shape in this area when he spoke to news agencies and the media.”  His statement raised the ire of prayer attendees who began to shout “Death to America.” 

According to Fars News, Harandi also proffered the view in his address that the negotiations would unlikely succeed; therefore, there was no real possibility that economic sanctions would be lifted anytime soon.  What Harandi knew, but presumably did not reveal to prayer attendees was that beyond the demand that Iran not enrich uranium, US demands went much farther to require Iran to remove enriched uranium from its territory; dismantle its nuclear facility hidden in a mountain near Qum; dismantle its newest generation of centrifuges at Natanz; and, stop construction of a heavy-water reactor at Arak.  Meeting those demands would be tantamount to surrender and represent a humiliating defeat from the perspective of Iran’s leadership.  Harandi expressed this view by stating: “These days our people have hoped for the opening of a path under the title of ‘heroic flexibility’ that leads to the realization of their demands, but I am confident that in every respect the conduct of America will continue in this malicious direction of the past and failing to evaluate national rights, and certainly their slogans will echo more loudly.”  

As explained in the greatcharlie.com September 26, 2013 post entitled, “Hossein Dehghan’s Concealed Hand in Iran’s Foreign and Defense Policy Efforts”, “heroic flexibility,” particularly as understood by Harandi and his close compatriots in the IRGC allows for diplomacy with the US and its Western allies, but requires the protection of Iran’s right pursue and nuclear energy program.  Indeed, the joint diplomatic campaign of the president’s office and the Foreign Ministry may actually be just one part of larger plan being implemented by Iran.  Much as US and other Western analysts have suspected, Iran’s leaders likely have decided that while Rouhani is heroically negotiating with the US and its Western partners or even after he might reach an understanding with them on the nuclear issue, other elements of power in Iran, away from Rouhani’s purview, would continue efforts on Iran’s nuclear energy program, until all goals of the nuclear program are reached.  It has been assessed by the same analysts that Iran is already close to breakout capacity when it will be able to finish a device in a matter of weeks, without technically testing or possessing a bomb. For Iranian leaders, turning back now, after getting so close, would be counterproductive and counterintuitive.

The notion that Iran’s goals regarding economic sanctions would unlikely be met was also heard from Mashhad Friday Prayer Leader Ayatollah Ahmad Alamolhoda.  As translated from the Iranian Students News Agency by Will Fulton and Amir Tourmaj of the American Enterprise Institute, Alamolhoda explained, “The country’s officials at the management rank must use foreign policy capacities to resolve economic issues and no one must create obstacles against the administrative measures.”  However, Alamolhoda went on to state, “The reality is that the country is stricken with the enemy’s nefarious sanction and issue, but paying attention to these realities must not cause the neglect of revolutionary ideals and strategies.”  Going further regarding his mistrust of the US, Alamolhoda explained that “America’s intention will never change and that view is corroborated by the American president’s act of prohibiting nuclear weapons and calling the use of nuclear energy the Iranian nation’s right. According to [US National Security Adviser, Ambassador Susan] Rice’s statement, Obama acted knowingly in speaking, because he has given the right to use nuclear energy to Iran and not its enrichment.” 

Most important in Alamolhoda’s speech, was his statement that “In the span of two days, America’s strategy changed against Iran, therefore [settling with] a government that destroyed and annihilated an Iranian aircraft on the Persian Gulf has no meaning.”  His rejection of forthright negotiations with the US gives one a sense of the rationale behind a possible dual-track effort regarding its nuclear program.  The echo of mistrust of the US could also be heard from Expediency Discernment Council and Assembly of Experts member Ayatollah Ahmad Khatami when discussing US-Iran relations and Obama’s comments on military options against Iran.  As translated from Fars News by Will Fulton and Amir Tourmaj of the American Enterprise Institute, Khatami stated: “From the beginning, America had problems with us, and if the nuclear story ends they will introduce human rights [as a new issue].  Therefore, America’s issue is the issue of dominance.”  He asserted, “Americans lie when they say they do not seek the overthrow of Iran’s government, rather they wanted to do so but could not. Therefore, relying on the smiles of Westerners and of this nation’s enemies is an error.”  He explained “There are rumors that some have said to abandon the death to America slogan, but they must know that the death to America slogan is the slogan of Iran’s resistance.”  Khatami went on to state, “The most idiotic type of speaking with a nation is threatening a nation. With complete obscenity, Obama says that ‘we will put all options on the table’ and we also tell them we have all options on the table, which one of those choices is Eight Years of Sacred Defense.”  Khatami pointed to the fact that “Morsi called Shimon Perez a brother, consulted with Obama, and did something for America. Therefore, those who seek to back down should look closer at Morsi’s fate. Of course, we do not accept the current government that has come to power in Egypt and consider it corrupt.” Lastly, Khatami stated, “Today, the enemy is not trustworthy at all because we are facing an enemy that is not bound to any principles. Of course, we do not say that we should not have diplomatic negotiations.”

Assessment

Leaders in Tehran state that Iran has not sought to threaten the US or its interests.  Yet, they fully sense both pressure and a real threat from the US in the form of: draconian economic sanctions as part of a US policy of coercive diplomacy against Iran; the US desire to reign in Iran’s nuclear energy program and refusal to recognize Iran’s right to enrich uranium; the US condemnation of Iran for allegedly sponsoring terrorism worldwide; and, a powerful US naval and military presence in and around the Persian Gulf.  The previous US administration’s declaration of that Iran was a member of the “Axis of Evil”, its repetitive threats of regime change, and it threat to impose a US form of democracy on Iran, still rings in the ears of Iranian leaders.  They will not tolerate any further expressions of US views on what is best for the Iranian people.  Thoughts that Obama may lack the will to use force after his somewhat awkward effort to use force in Syria, are offset by deeply engrained feelings that Iran could be attacked.  The Iranians are not yet able to rely on promises from the US.  To that extent, Iranian leaders feel they must do whatever is necessary to ensure their nation’s security and interests.  

The long awaited diplomatic opening has occurred through the meeting between Kerry and Zarif in New York, and the phone conversation between Obama and Rouhani.  However, Kerry explains that it is too early to say whether the thaw begun at the UN in September will lead to a change in US policy.  For the US, time is certainly of the essence, as Iran’s nuclear capabilities are ever increasing.  Small diplomatic steps must continue.  Yet, Iran wants both countries step to each other at the same time.  That may have much to do with Zarif’s call for a US proposal.  It was noted by Zbigniew Brzezinski that enduring nuclear accords with the Soviet Union involved compromise, not demands for one-sided capitulation.  It may very well be that the nuclear issue will not be resolved with this new dialogue.  An agreement with Iran that halts its nuclear program may not be part of Obama’s legacy.  Legacy seems to be a very important consideration within the White House and among US pundits.  If the US were to refrain from military action against Iran even after any further nuclear developments by Iran were revealed, the US and Iran might still be able to slowly resolve issues though contact and communication.  Through cooperation with other countries, the US and Iran could possibly engage in efforts to establish greater security and stability in the Middle East.

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The Adviser to Iranian Revolutionary Guards Corps Commander-in-Chief Major General Mohammad-Ali Jafari and Expediency Discernment Council Member, Mohammad Hossein Saffar Harandi (center)