11:22 18.07.2015

Sanctions to be lifted from Iran after it complies with Vienna deal - UN Security Council draft resolution

Sanctions to be lifted from Iran after it complies with Vienna deal - UN Security Council draft resolution

A UN Security Council draft resolution on the Iranian nuclear program envisages the annulment of all previous resolutions imposing sanctions on Iran after the International Atomic Energy Agency (IAEA) confirms the implementation by Tehran of its obligations under the deal reached recently in Vienna.

The draft resolution obtained by Interfax says that, after the UN Security Council receives notification from the IAEA director general that Iran has complied with its obligations, resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) will no longer be in effect.

The resolution refers to Annex I to the Vienna Joint Comprehensive Plan of Action (JCPOA), which stipulates Iran's obligations.

In particular, Tehran is supposed to comply with the P5+1's requirements concerning the heavy-water reactor in Arak, the Fordow facility, and various uranium enrichment aspects, including centrifuges and enriched uranium stocks.

In the event of the successful implementation by the parties of their obligations on the Iranian nuclear program, "the UN Security Council will have concluded its consideration of the Iranian nuclear issue" on the date ten years after the JCPOA Adoption Day, which must happen not later than 90 days after the approval of the UN Security Council's resolution. The Vienna agreement text stipulates that this very resolution makes the document legally binding.

The draft resolution also envisions that, if it is revealed that one of the parties to the agreement did not comply with its obligations, the UN Security Council is supposed to arrange a voting confirming the resolution's effect within 30 days. The absence of such confirmation within the said period shall entail the resumption of all of the UN Security Council's resolutions imposing sanctions on Iran.

The draft resolution stipulates that the JCPOA provisions are applicable exclusively to the Iran issue and cannot be interpreted as a precedent for other countries or principles of international law, rights and obligations under the Non-Proliferation Treaty and other international documents, and also internationally recognized principles and practices.

At the same time, the draft resolution includes a special statement stipulating that the document is based on Article 41 of Chapter VII of the UN Charter, which says that "the Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures."

The statement also contains a list of restrictions, including on supplies to Iran of materials, equipment and technology, particularly those related to the development of the Iranian nuclear program and dual purpose products.

Nevertheless, the statement envisions mechanisms to overcome this restriction. In particular, it is presumed that each particular instance of the intention to supply certain products to Iran will be considered by experts from a special working group, the establishment of which is stipulated by the Vienna agreement and whose duties include the determination of a supply chain of these or those products to Tehran.

The working group, in turn, shall pass its conclusions to a special joint commission including representatives from P5+1 and Iran, with the EU's facilitation, after which this concrete instance would be passed by default to the UN Security Council for consideration, the latter being supposed to make a final decision on the matter.

The statement also says that the UN Security Council is supposed to take practical steps to implement the statement's provisions, in particular, monitor the implementation by the negotiating parties of their obligations and support their implementation. The UN secretary general will present reports on the implementation by the parties of their obligations to the Security Council every six months.

The statement says that the duration of its provisions' validity could be revised by a special joint commission at a request by any of the agreement participants at any meeting between the foreign ministers of P5+1 and Iran, which are to be held every two years. After that, the commission may present its consensus-based recommendations to the UN Security Council.

The draft resolution also has an attachment containing a list of more than 30 individuals and legal entities exempt from the previous UN Security Council sanctions imposed on Iran, which restricted exports of products to Iran, particularly those related to its nuclear program.

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