the Islamic Republic of Iran Regulations, 2016

L.N. 207 of 2016

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Revocation of United Nations Sanctions against

the Islamic Republic of Iran Regulations, 2016

IN exercise of the powers conferred by article 3 of the National

Interest (Enabling Powers) Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the Revocation of United

Nations Sanctions against the Islamic Republic of Iran Regulations,

2016.

(Regulation 3)

Resolution 2231(2015), adopted by the Security Council of the United

Nations, at its 7488th meeting, on 20 July 2015

The Security Council,

Recalling the Statement of its President, S/PRST/2006/15, and its resolutions

1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929

(2010),

Reaffirming its commitment to the Treaty on the Non-Proliferation of

Nuclear Weapons, the need for all States Party to that Treaty to comply fully with

their obligations, and recalling the right of States Party, in conformity with Articles

I and II of that Treaty, to develop research, production and use of nuclear energy

for peaceful purposes without discrimination,

Emphasizing the importance of political and diplomatic efforts to find a

negotiated solution guaranteeing that Iran’s nuclear programme is exclusively for

peaceful purposes, and noting that such a solution would benefit nuclear non-

proliferation,

Welcoming diplomatic efforts by China, France, Germany, the Russian

Federation, the United Kingdom, the United States, the High Representative of the

European Union for Foreign Affairs and Security Policy, and Iran to reach a

comprehensive, long-term and proper solution to the Iranian nuclear issue,

culminating in the Joint Comprehensive Plan of Action (JCPOA) concluded on 14

July 2015, (S/2015/544, as attached as Annex A to this resolution) and the

establishment of the Joint Commission,

Welcoming Iran’s reaffirmation in the JCPOA that it will under no

circumstances ever seek, develop or acquire any nuclear weapons,

Noting the statement of 14 July 2015, from China, France, Germany, the

Russian Federation, the United Kingdom, the United States, and the European

Union aimed at promoting transparency and creating an atmosphere conducive to

the full implementation of the JCPOA (S/2015/545, as attached as Annex B to this

resolution),

Affirming that conclusion of the JCPOA marks a fundamental shift in its

consideration of this issue, and expressing its desire to build a new relationship

with Iran strengthened by the implementation of the JCPOA and to bring to a

satisfactory conclusion its consideration of this matter,

Affirming that full implementation of the JCPOA will contribute to building

confidence in the exclusively peaceful nature of Iran’s nuclear programme,

Strongly supporting the essential and independent role of the International

Atomic Energy Agency (IAEA) in verifying compliance with safeguards

agreements, including the non-diversion of declared nuclear material to undeclared

purposes and the absence of undeclared nuclear material and undeclared nuclear

activities, and, in this context, in ensuring the exclusively peaceful nature of Iran’s

nuclear programme, including through the implementation of the “Framework for

Cooperation” agreed between Iran and the IAEA on 11 November 2013 and the

“Roadmap for Clarification of Past and Present Outstanding Issues”, and

recognizing the IAEA’s important role in supporting full implementation of the

JCPOA,

Affirming that IAEA safeguards are a fundamental component of nuclear

non-proliferation, promote greater confidence among States, inter alia, by

providing assurance that States are complying with their obligations under relevant

safeguards agreements, contribute to strengthening their collective security and

help to create an environment conducive to nuclear cooperation, and further

recognizing that effective and efficient safeguards implementation requires a

cooperative effort between the IAEA and States, that the IAEA Secretariat will

continue to engage in open dialogue on safeguards matters with States to increase

transparency and build confidence and to interact with them on the implementation

of safeguards, and in this case, avoid hampering the economic and technological

development of Iran or international cooperation in the field of peaceful nuclear

activities; respect health, safety, physical protection and other security provisions

in force and the rights of individuals; and take every precaution to protect

commercial, technological and industrial secrets as well as other confidential

information coming to its knowledge,

Encouraging Member States to cooperate, including through IAEA

involvement, with Iran in the framework of the JCPOA in the field of peaceful

uses of nuclear energy and to engage in mutually determined civil nuclear

cooperation projects, in accordance with Annex III of the JCPOA,

Noting the termination of provisions of previous resolutions and other

measures foreseen in this resolution, and inviting Member States to give due

regard to these changes,

Emphasizing that the JCPOA is conducive to promoting and facilitating the

development of normal economic and trade contacts and cooperation with Iran,

and having regard to States’ rights and obligations relating to international trade,

Underscoring that Member States are obligated under Article 25 of the

Charter of the United Nations to accept and carry out the Security Council’s

decisions,

1. Endorses the JCPOA, and urges its full implementation on the timetable

established in the JCPOA;

2. Calls upon all Members States, regional organizations and international

organizations to take such actions as may be appropriate to support the

implementation of the JCPOA, including by taking actions commensurate with the

implementation plan set out in the JCPOA and this resolution and by refraining

from actions that undermine implementation of commitments under the JCPOA;

3. Requests the Director General of the IAEA to undertake the necessary

verification and monitoring of Iran’s nuclear-related commitments for the full

duration of those commitments under the JCPOA, and reaffirms that Iran shall

cooperate fully as the IAEA requests to be able to resolve all outstanding issues, as

identified in IAEA reports;

(1) Without prejudice to anything lawfully done or

omitted to be done by virtue of the United Nations Sanctions (Iran)

Regulations, United Nations Sanctions (Iran) (Further Sanctions)

Regulations, United Nations Sanctions (Iran) (Further Sanctions)

Regulations (2008) and the United Nations Sanctions (Iran) (Further

Sanctions) Regulations (2010), and subject to the other provisions of

2010. these regulations, the said regulations are hereby being revoked.

(2) Notwithstanding the revocation of the abovementioned

regulations, all powers exercised by virtue of the said regulations are

deemed to be valid.

For the purposes of sub-article (1) of article 3 of the

National Interest (Enabling Powers) Act, Resolution 2231/2015 of the

Security Council of the United Nations adopted on the 20th July,

2015 is published in the English language in the Schedule to these

regulations.

Requests the Director General of the IAEA to provide regular updates to

the IAEA Board of Governors and, as appropriate, in parallel to the Security

Council on Iran’s implementation of its commitments under the JCPOA and also to

report to the IAEA Board of Governors and in parallel to the Security Council at

any time if the Director General has reasonable grounds to believe there is an issue

of concern directly affecting fulfilment of JCPOA commitments;

Terminations

Requests that, as soon as the IAEA has verified that Iran has taken the

actions specified in paragraphs 15.1-15.11 of Annex V of the JCPOA, the Director

General of the IAEA submit a report confirming this fact to the IAEA Board of

Governors and in parallel to the Security Council;

Requests further that, as soon as the IAEA has reached the Broader

Conclusion that all nuclear material in Iran remains in peaceful activities, the

Director General of the IAEA submit a report confirming this conclusion to the

IAEA Board of Governors and in parallel to the Security Council;

Decides, acting under Article 41 of the Charter of the United Nations,

that, upon receipt by the Security Council of the report from the IAEA described in

paragraph 5

(a)

The provisions of resolutions 1696 (2006), 1737 (2006), 1747

(2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) shall be

terminated;

(b) All States shall comply with paragraphs 1, 2, 4, and 5 and the

provisions in subparagraphs (a)-(f) of paragraph 6 of Annex B for the

duration specified in each paragraph or subparagraph, and are called upon to

comply with paragraphs 3 and 7 of Annex B;

Decides, acting under Article 41 of the Charter of the United Nations,

that on the date ten years after the JCPOA Adoption Day, as defined in the JCPOA,

all the provisions of this resolution shall be terminated, and none of the previous

resolutions described in paragraph 7 (a) shall be applied, the Security Council will

have concluded its consideration of the Iranian nuclear issue, and the item “Non-

proliferation” will be removed from the list of matters of which the Council is

seized;

Decides, acting under Article 41 of the Charter of the United Nations,

that the terminations described in Annex B and paragraph 8 of this resolution shall

not occur if the provisions of previous resolutions have been applied pursuant to

paragraph 12;

Application of Provisions of Previous Resolutions

Encourages China, France, Germany, the Russian Federation, the

United Kingdom, the United States, the European Union (EU), and Iran (the

“JCPOA participants”) to resolve any issues arising with respect to

implementation of JCPOA commitments through the procedures specified in the

JCPOA, and expresses its intention to address possible complaints by JCPOA

participants about significant non-performance by another JCPOA participant;

Decides, acting under Article 41 of the Charter of the United Nations,

that, within 30 days of receiving a notification by a JCPOA participant State of an

issue that the JCPOA participant State believes constitutes significant non-

performance of commitments under the JCPOA, it shall vote on a draft resolution

to continue in effect the terminations in paragraph 7 (a) of this resolution, decides

further that if, within 10 days of the notification referred to above, no Member of

the Security Council has submitted such a draft resolution for a vote, then the

President of the Security Council shall submit such a draft resolution and put it to a

vote within 30 days of the notification referred to above, and expresses its

intention to take into account the views of the States involved in the issue and any

opinion on the issue by the Advisory Board established in the JCPOA;

Decides, acting under Article 41 of the Charter of the United Nations,

that, if the Security Council does not adopt a resolution under paragraph 11 to

continue in effect the terminations in paragraph 7 (a), then effective midnight

Greenwich Mean Time after the thirtieth day after the notification to the Security

Council described in paragraph 11, all of the provisions of resolutions 1696

(2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010) that

have been terminated pursuant to paragraph 7 (a) shall apply in the same manner as

they applied before the adoption of this resolution, and the measures contained in

paragraphs 7, 8 and 16 to 20 of this resolution shall be terminated, unless the

Security Council decides otherwise;

Underscores that, in the event of a notification to the Security Council

described in paragraph 11, Iran and the other JCPOA participants should strive to

resolve the issue giving rise to the notification, expresses its intention to prevent

the reapplication of the provisions if the issue giving rise to the notification is

resolved, decides, acting under Article 41 of the Charter of the United Nations, that

if the notifying JCPOA participant State informs the Security Council that such an

issue has been resolved before the end of the 30-day period specified in paragraph

12 above, then the provisions of this resolution, including the terminations in

paragraph 7 (a), shall remain in effect notwithstanding paragraph 12 above, and

notes Iran’s statement that if the provisions of previous resolutions are applied

pursuant to paragraph 12 in whole or in part, Iran will treat this as grounds to cease

performing its commitments under the JCPOA;

Affirms that the application of the provisions of previous resolutions

pursuant to paragraph 12 do not apply with retroactive effect to contracts signed

between any party and Iran or Iranian individuals and entities prior to the date of

application, provided that the activities contemplated under and execution of such

contracts are consistent with the JCPOA, this resolution and the previous

resolutions;

Affirms that any application of the provisions of previous resolutions

pursuant to paragraph 12 is not intended to harm individuals and entities that, prior

to that application of those provisions, engaged in business with Iran or Iranian

individuals and entities that is consistent with the JCPOA and this resolution,

encourages Member States to consult with each other with regard to such harm,

and to take action to mitigate such unintended harm for these individuals and

entities, and decides if the provisions of previous resolutions are applied pursuant

to paragraph 12 not to impose measures with retroactive effect on individuals and

entities for business activities with Iran that were consistent with the JCPOA, this

resolution and the previous resolutions prior to the application of these provisions;

JCPOA Implementation

Decides, acting under Article 41 of the Charter of the United Nations, to

review recommendations of the Joint Commission regarding proposals by States to

participate in or permit nuclear-related activities set forth in paragraph 2 of Annex

B, and that such recommendations shall be deemed to be approved unless the

Security Council adopts a resolution to reject a Joint Commission recommendation

within five working days of receiving it;

Requests Member States seeking to participate in or permit activities set

forth in paragraph 2 of Annex B to submit proposals to the Security Council,

expresses its intention to share such proposals with the Joint Commission

established in the JCPOA for its review, invites any Member of the Security

Council to provide relevant information and opinions about these proposals,

encourages the Joint Commission to give due consideration to any such

information and opinions, and requests the Joint Commission to provide its

recommendations on these proposals to the Security Council within twenty

working days (or, if extended, within thirty working days);

Requests the Secretary-General, in order to support JCPOA

implementation, to take the necessary administrative measures to facilitate

communications with Member States and between the Security Council and the

Joint Commission through agreed practical arrangements;

Requests the IAEA and the Joint Commission to consult and exchange

information, where appropriate, as specified in the JCPOA, and requests further

that the exporting states cooperate with the Joint Commission in accordance with

Annex IV of the JCPOA;

Requests the Joint Commission to review proposals for transfers and

activities described in paragraph 2 of Annex B with a view to recommending

approval where consistent with this resolution and the provisions and objectives of

the JCPOA so as to provide for the transfer of items, materials, equipment, goods

and technology required for Iran’s nuclear activities under the JCPOA, and

encourages the Joint Commission to establish procedures to ensure detailed and

thorough review of all such proposals;

Exemptions

Decides, acting under Article 41 of the Charter of the United Nations,

that the measures imposed in resolutions 1696 (2006), 1737 (2006), 1747 (2007),

1803 (2008), 1835 (2008), and 1929 (2010) shall not apply to the supply, sale, or

transfer of items, materials, equipment, goods and technology, and the provision of

any related technical assistance, training, financial assistance, investment,

brokering or other services, by JCPOA participant States or Member States acting

in coordination with them, that is directly related to: (a) the modification of two

cascades at the Fordow facility for stable isotope production; (b) the export of

Iran’s enriched uranium in excess of 300 kilograms in return for natural uranium;

and (c) the modernization of the Arak reactor based on the agreed conceptual

design and, subsequently, on the agreed final design of such reactor;

Decides, acting under Article 41 of the Charter of the United Nations,

that Member States engaging in the activities permitted in paragraph 21 shall

ensure that: (a) all such activities are undertaken strictly in accordance with the

JCPOA; (b) they notify the Committee established pursuant to resolution 1737

(2006) and, when constituted, the Joint Commission ten days in advance of such

activities; (c) the requirements, as appropriate, of the Guidelines as set out in the

relevant INFCIRC referenced in resolution 1737 (2006), as updated, have been

met; (d) they have obtained and are in a position to exercise effectively a right to

verify the end-use and end-use location of any supplied item; and (e) in case of

supplied items, materials, equipment, goods and technology listed in the

INFCIRCs referenced in resolution 1737 (2006), as updated, they also notify the

IAEA within ten days of the supply, sale or transfers;

Decides, acting under Article 41 of the Charter of the United Nations,

also that the measures imposed in resolutions 1696 (2006), 1737 (2006), 1747

(2007), 1803 (2008), 1835 (2008), and 1929 (2010) shall not apply to the extent

necessary to carry out transfers and activities, as approved on a case-by-case basis

in advance by the Committee established pursuant to resolution 1737 (2006), that

are

(a)

directly related to implementation of the nuclear-related actions

specified in paragraphs 15.1-15.11 of Annex V of the JCPOA;

(b)

required for preparation for the implementation of the JCPOA; or,

(c)

determined by the Committee to be consistent with the objectives

of this resolution;

Notes that the provisions of paragraphs 21, 22, 23 and 27 continue in

effect if the provisions of previous resolutions are applied pursuant to paragraph

12;

Other Matters

Decides to make the necessary practical arrangements to undertake

directly tasks related to the implementation of this resolution, including those tasks

specified in Annex B and the release of guidance;

Urges all States, relevant United Nations bodies and other interested

parties, to cooperate fully with the Security Council in its exercise of the tasks

related to this resolution, in particular by supplying any information at their

disposal on the implementation of the measures in this resolution;

Decides that all provisions contained in the JCPOA are only for the

purposes of its implementation between the E3/EU+3 and Iran and should not be

considered as setting precedents for any other State or for principles of

international law and the rights and obligations under the Treaty on the Non-

Proliferation of Nuclear Weapons and other relevant instruments, as well as for

internationally recognized principles and practices;

Recalls that the measures imposed by paragraph 12 of resolution 1737

(2006) shall not prevent a designated person or entity from making payment due

under a contract entered into prior to the listing of such a person or entity, provided

that the conditions specified in paragraph 15 of that resolution are met, and

underscores, that if the provisions of previous resolutions are reapplied pursuant to

paragraph 12 of this resolution, then this provision will apply;

Emphasizes the importance of all States taking the necessary measures

to ensure that no claim shall lie at the instance of the Government of Iran, or any

person or entity in Iran, or of persons or entities designated pursuant to resolution

1737 (2006) and related resolutions, or any person claiming through or for the

benefit of any such person or entity, in connection with any contract or other

transaction where its performance was prevented by reason of the application of

the provisions of resolutions 1737 (2006), 1747 (2007), 1803 (2008), 1929 (2010)

and this resolution;

B

Decides to remain seized of the matter until the termination of the

provisions of this resolution in accordance with paragraph 8.

€0.81