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Latest 6 month report issued about UNSC Resolution 2231 (e.g. the JCPOA)

Thirteenth six-month report of the Facilitator on the implementation of Security Council resolution 2231 (2015)

I. Introduction

  1. The note by the President of the Security Council of 16 January 2016 (S/2016/44) sets forth the practical arrangements and procedures for the Council in carrying out tasks related to the implementation of resolution 2231 (2015), particularly with respect to the provisions specified in paragraphs 2 to 7 of annex B to that resolution.
  2. According to the note, the Security Council should select, on an annual basis, one member to serve as its Facilitator for the functions specified therein. Pursuant to paragraph 3 of the note, and after consultations among the members of the Council, I was appointed as Facilitator for the implementation of resolution 2231 (2015) for the period ending 31 December 2022 (see S/2022/2).
  3. It was also established in the note that the Facilitator should brief the other members of the Security Council on its work and the implementation of resolution 2231 (2015) every six months, in parallel with the report submitted by the Secretary- General on the implementation of the resolution.
  4. The present report covers the period from 8 December 2021 to 23 June 2022.

II. Summary of the activities of the Council in the “2231 format”

  1. On 10 December 2021, the Permanent Representative of the Islamic Republic of Iran sent a letter addressed to the Secretary-General (S/2021/1027), in which he outlined the views of the Islamic Republic of Iran with regard to the twelfth report of the Secretary-General (S/2021/995), as described further in paragraph 9 of the present report.
  2. On 14 December 2021, the Security Council was briefed by the Under- Secretary-General for Political and Peacebuilding Affairs on the twelfth report of the Secretary-General on the implementation of resolution 2231 (2015) (S/2021/995), by me as Facilitator on the work of the Council and the implementation of resolution 2231 (2015) (S/2021/1019), and by the Head of the Delegation of the European Union to the United Nations, on behalf of the High Representative of the Union for Foreign Affairs and Security Policy, in his capacity as Coordinator of the Joint Commission established in the Joint Comprehensive Plan of Action, on the procurement channel (S/2021/992).
  3. On 23 June 2022, the representatives of the Security Council for the implementation of resolution 2231 (2015) met in the “2231 format” and discussed the findings and recommendations of the thirteenth report of the Secretary-General on the implementation of resolution 2231 (2015) (S/2022/490).
  4. During the reporting period, a total of 13 notes were circulated within the “2231 format”. In addition, I sent seven official communications to Member States and/or the Coordinator of the Procurement Working Group of the Joint Commission. I received a total of 11 communications from Member States and the Coordinator.

III. Monitoring the implementation of resolution 2231 (2015)

Joint Comprehensive Plan of Action

  1. In the above-mentioned letter, dated 10 December 2021 (S/2021/1027), the Permanent Representative of the Islamic Republic of Iran outlined the views of his country regarding the twelfth report of the Secretary-General on the implementation of resolution 2231 (2015). The letter contained 15 points, in which the Permanent Representative noted, inter alia, that “all of Iran’s steps [to cease implementing some confidence-building measures under the Joint Comprehensive Plan of Action] are remedial measures without prejudice to its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and its safeguards agreement and are reversible as soon as Iran’s benefits as stated in the Plan are secured”. He also noted the country’s continued “constructive cooperation with IAEA in good faith”, its “voluntary engagement with IAEA” and the conclusion and extension of “an interim bilateral agreement with IAEA to facilitate the maintenance of continuity of knowledge of the Agency”. He stated that “the lifting of sanctions in an effective manner and the normalization of Iran’s trade and economic relations constitute an essential part of the JCPOA and the delicate balance of reciprocal commitments therein, without which the JCPOA is meaningless”. He underscored the Islamic Republic of Iran’s active engagement in the talks within the Joint Commission established by the Joint Comprehensive Plan of Action since April 2021 and expressed the country’s full support for the continuation of “results-oriented talks”.
  2. During the reporting period, the Joint Commission continued to convene and held discussions on addressing developments regarding the Joint Comprehensive Plan of Action, including the possible return by the United States of America to the Plan, and to ensure the full and effective implementation of the Plan by all.
  3. In line with paragraph 4 of resolution 2231 (2015), in which the Security Council requested the Director General of the International Atomic Energy Agency (IAEA) to provide regular updates to the Council on the implementation by the Islamic Republic of Iran of its commitments under the Joint Comprehensive Plan of Action and to report at any time on any issue of concern directly affecting the fulfilment of those commitments, the Director General submitted to the Agency’s Board of Governors, and to the Security Council, regular reports on 3 March 2022 (S/2022/211) and 30 May 2022 (S/2022/472) on the Agency’s verification and monitoring activities in the Islamic Republic of Iran in the light of resolution 2231 (2015). In these reports, IAEA sets out the Agency’s view that, since 23 February 2021, its verification and monitoring activities in relation to the Joint Comprehensive Plan of Action have been “seriously affected as a result of Iran’s decision to stop the implementation of its nuclear-related commitments under the JCPOA, including the Additional Protocol”. The 3 March 2022 report contains updates on the terms agreed in relation to the Agency’s monitoring and surveillance equipment under the Joint Comprehensive Plan of Action and the actions of IAEA and the Islamic Republic of Iran in line with those agreed terms, as set out in the Agency’s update of 15 December 2021 (S/2022/210), as well as on the agreement between IAEA and the Atomic Energy Organization of Iran on access to the TESA Karaj complex and installation of IAEA surveillance equipment. On 9 June, the Director General provided an update 1 regarding a request by the Islamic Republic of Iran, in a letter dated 8 June 2022, for the Agency to remove monitoring equipment beyond the comprehensive safeguards agreement of the Islamic Republic of Iran, and informing that IAEA has removed, and placed under IAEA seal, surveillance cameras from the requested locations. The Director General appeals to the Islamic Republic of Iran to work with the Agency without delay in order to maintain the possibility of a credible continuation of the Agency’s verification and monitoring of the implementation by the Islamic Republic of Iran of its nuclear-related commitments under the Joint Comprehensive Plan of Action. In addition, the Director General submitted to the Agency’s Board of Governors, and to the Security Council, updates on 31 January 2022,2 6 April 2022 (S/2022/470) and 14 April 2022 (S/2022/471) regarding the relocation and subsequent unsealing and operationalization of machines for manufacturing centrifuge parts and related installation of IAEA surveillance cameras; on 16 March 2022 (S/2022/469) regarding the production of enriched uranium targets, from up to 60 per cent U-235, for the purposes of medical isotope production; on 8 June 20223 regarding the intention of the Islamic Republic of Iran to install two further cascades of IR6 centrifuges at the fuel enrichment plant at Natanz; and on 20 June 20224 regarding the Fordow fuel enrichment plant.

Ballistic missiles and launches

  1. In a letter dated 3 January 2022 (S/2022/3), the Chargé d’affaires a.i. of the United States of America noted that he wished to bring to the attention of the Security Council “a recent incident of Iranian activity in defiance of paragraph 3 of annex B to Security Council resolution 2231 (2015)”, regarding a launch of Simorgh space launch vehicle on 30 December 2021. He called on the Security Council “to insist on full implementation of the binding measures … that restrict outside support for Iran’s ballistic missile programme”.
  2. In letters dated 31 January 2022 (S/2022/73) and 24 May 2022 (S/2022/415), the Permanent Representatives of France, Germany and the United Kingdom of Great Britain and Northern Ireland cited the launch of the Simorgh space launch vehicle on 30 December 2021, a Qased space launch vehicle flight test on 8 March 2022, the test of a solid fuel engine for a space launch vehicle on 16 January 2022, a series of missile launches on 24 December 2021 and a Kheibar Shekan missile flight test on 9 February 2022 as “inconsistent with paragraph 3 of annex B to resolution 2231 (2015)”.
  3. In letters dated 3 March 2022 (S/2022/177) and 25 May 2022 (S/2022/421), the Permanent Representative of Israel regarded the above-mentioned space launch vehicle and ballistic missile launches as being a “clear violation” of paragraph 3 of annex B to resolution 2231 (2015).
  4. In response to the aforementioned letters, the Permanent Representative of the Islamic Republic of Iran, in his letters dated 7 January 2022 (S/2022/15), 7 February 2022 (S/2022/97), 14 March 2022 (S/2022/225), 26 May 2022 (S/2022/438) and 31 May 2022 (S/2022/445), stated that he “categorically rejects” the “unfounded allegations”, and stressed that “its space programme, including the launches of space vehicles, fall outside the purview or competence of Security Council resolution 2231 (2015) and its annexes”. He further noted that his country had “not conducted any activity inconsistent” or “in contravention” with that resolution and would continue its activities.
  5. In response to the aforementioned letters, the Chargé d’affaires a.i. of the Permanent Mission of the Russian Federation to the United Nations, in his letters dated 17 January 2022 (S/2022/34) and 16 February 2022 (S/2022/122), and the Permanent Representative of the Russian Federation, in his letter dated 8 June 2022 (S/2022/464), reiterated their country’s position that the Islamic Republic of Iran was “fully entitled to the advantages of space science and technology”, and that the Russian Federation continued to “proceed from its previous assessment that Iran is respecting in good faith the call addressed to it” in paragraph 3 of annex B to resolution 2231 (2015).
  1. The above-mentioned letters, addressed to the Secretary-General and/or the President of the Security Council, were circulated in the “2231 format” of the Council during the reporting period.

IV. Procurement channel approval, notifications and exemptions

  1. During the reporting period, no new proposals for the supply of items, material, equipment, goods and technology set out in document INFCIRC/254/Rev.10/Part 2 were submitted to the Security Council.
  2. Since Implementation Day, a total of 52 proposals to participate in or permit the activities set forth in paragraph 2 of annex B to resolution 2231 (2015), have been submitted to the Security Council by five Member States from three different regional groups, including States that are not participants in the Joint Comprehensive Plan of Action. To date, of the 52 proposals that have been processed, 37 have been approved, 5 not approved and 10 withdrawn. On average, the proposals were processed through the procurement channel in 50 calendar days. After the withdrawal of the United States from the Joint Comprehensive Plan of Action, the procurement channel continues to function, and the Joint Commission continues to stand ready to review proposals.
  3. According to paragraph 2 of annex B to resolution 2231 (2015), certain nuclear- related activities do not require approval but do require a notification to the Security Council or to both the Council and the Joint Commission. In this regard, during the reporting period, five notifications were submitted to the Security Council in relation to the transfer to the Islamic Republic of Iran of equipment and technology covered by annex B, section 1 of INFCIRC/254/Rev.13/Part 1, intended for light water reactors.
  4. No notifications were submitted to the Security Council related to the necessary modification of the two cascades at the Fordow facility for stable isotope production, and no notifications were submitted to the Council related to the modernization of the Arak reactor based on the agreed conceptual design.
  5. On 28 May 2022, the Coordinator of the Procurement Working Group transmitted to me the Group’s thirteenth six-month report of the Joint Commission (S/2022/482) in accordance with paragraph 6.10 of annex IV to the Joint Comprehensive Plan of Action.

V. Other approval and exemption requests

  1. During the reporting period, no proposal was submitted by Member States to the Security Council pursuant to paragraph 4 of annex B to resolution 2231 (2015).
  2. Exemptions to the assets freeze provisions are contained in paragraph 6 (d) of annex B to resolution 2231 (2015). No exemption requests were received or granted by the Security Council in relation to the 23 individuals and 61 entities currently on the list maintained pursuant to resolution 2231 (2015).

VI. Transparency, outreach and guidance

  1. As the Security Council’s Facilitator, I remain deeply committed to the Joint Comprehensive Plan of Action as endorsed by the Council in its resolution 2231 (2015). I continue to facilitate, strengthen, and promote the implementation of the resolution and believe that dialogue, transparency and the utilization of the procurement channel remain critical for the present and the future. I also note and welcome the active efforts by all Member States in promoting, supporting and engaging in dialogue and in acknowledging the importance of the Joint Comprehensive Plan of Action as a multilateral agreement in nuclear non-proliferation. I encourage all of us to actively support this Plan.
  2. Outreach activities by the Secretariat, as mandated by the note mentioned in paragraph 1 of the present report (S/2016/44), continued to foster awareness of resolution 2231 (2015). The website on resolution 2231 (2015), also managed and regularly updated by the Secretariat through the Security Council Affairs Division of the Department of Political and Peacebuilding Affairs, continues to play a significant role in providing relevant information.
  3. In my role as Facilitator, I held several bilateral consultations with Member States and their representatives, including the Islamic Republic of Iran, to discuss issues relevant to the implementation of resolution 2231 (2015). As I continue to advocate for the Council’s collective responses to international peace and security issues, I encourage the international community to act in line with paragraph 2 of resolution 2231 (2015), which calls upon all Member States, regional organizations and international organizations to take such actions as may be appropriate to support the implementation of the Joint Comprehensive Plan of Action.

Link:

UN Report and cover letter

Categories: Iranian Sanctions Joint Comprehensive Plan of Action (JCPOA) Updates Public Statements, Comments and Reactions UN Updates

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