Annexes

Document Number
175-20180716-APP-01-01-EN
Parent Document Number
175-20180716-APP-01-00-EN
Document File

ANNEXES TO THE APPLICATION
INSTITUTING PROCEEDINGS
TABLE OF CONTENTS
Annex 1 Treaty of Amity, Economic Relations, and Consular
Rights between the United States of America and Iran,
signed at Tehran, on 15 August 1955
p. 1
Annex 2 Presidential Memoranda, Ceasing U.S. Participation in
the JCPOA and Taking Additional Action to Counter
Iran’s Malign Influence and Deny Iran All Paths to a
Nuclear Weapon, 8 May 2018
p. 33
Annex 3 Remarks by President Trump on the Joint
Comprehensive Plan of Action, 8 May 2018
p. 46
Annex 4 Letter sent to the Secretary-General of the United
Nations on 10 May 2018, UN Doc A/72/869-
S/2018/453
p. 58
Annex 5 Note verbale No 381/289/4870056 sent on 11 June 2018
to the Embassy of Switzerland (U.S. Interest Section) to
be transmitted to the U.S. Government
p. 70
Annex 6 Note verbale No 381/210/4875065 sent on 19 June 2018
to the Embassy of Switzerland (U.S. Interest Section) to
be transmitted to the U.S. Government
p. 76

Annex 1
Treaty of Amity, Economic Relations, and Consular Rights between the United
States of America and Iran, signed at Tehran, on 15 August 1955

UNITED NATIONS (~) NATIONS UNIES f....f....,.~j
Treaty Series
Treaties and international agreement,
regûûred
or filed and recorded
eoith the Secretariat of the United Natioru
VOLUME 284
Recueil des Traités
Traitéa et accords intemationa.wi
"enregi,tréa
ou clasaéa et i,u:crita au répertoire
au Secrétariat de z,Organisati,on dea Nati,ona Uniea
110 United Nations - Treaty Series 1957-1958
No. 4132. TREATY1 OF AMITY, ECONOMIC RELATIONS,
AND CONSULAR RIGHTS BETWEEN THE UNITED
STATES OF AMERICA AND IRAN. SIGNED AT TEHRAN,
ON 15 AUGUST 1955
The United States of America and Iran, desirous of emphasizing the
friendly relations which have long prevailed between their peoples, of reaffirming
the high principles in the regulation of human affairs to wlùch they are committed,
of encouraging mutually beneficial trade and investments and closer
economic intercourse generally between their peoples, and of regulating consular
relations, have resolved to conclude, on the basis of reciprocal equality of treatment,
a Treaty of Amity, .Economie Relations, and Consular Rights, and have
appointed as their Plenipotentiaries :
The President of the United States o:f America :
Mr. Selden Chapin, Ambassador Extraordinary and Plenipotentiary of the
United States of America at Tehran; and
His Imperia! Majesty, the Shah of Iran :
His Excellency Mr. Mostafa Samiy, Under Secretary of the Ministry of
Foreign Affairs;
Who, having communicated to each other their full powers found to be
in due form, have agreed upon the following articles :
Article I
There shall be firm and enduring peace and sincere friendship between
the United States of America and Iran.
Article Il
r. Nationals of either High Contracting Party shall be permitted, upon
terms no Jess favorable than those accorded to nationals of any third country,
to enter and remain in the territories of the other High Contracting Party for
the purpose of carrying on trade between their own country and the territories
of such other High Contracting Party and engaging in related commercial
activities, and for the purpose of developing and directing the operations of an
·enterprise in which they' have invcsted, or in which thcy arc actively in the
process of investing, a substantial amount of capital.
1 Came int.o force on 16 June 1957, one month after the day of cxchangc of tho irutrUmcnts
of ratification at Tchran on 16 May 1957, in accordancc with articlo XXIII.
112 United Nations - Treaty Series 1957-1958
2. Nationals of either High Contracting Party within the territories of
the other High Contracting Party shall, either individually or through
associations, and so long as their activities are not contrary to public order,
safety or morals : (a) be permitted to travel therein freely and reside at places
of their choice ; (b) enjoy freedom of conscience and the right to hold religious
services; (c) be permitted to engage in philanthropie, educational and scientific
activities; and (d) have the right to gather and transmit information for dissenùnation
to the public abroad, and otherwise to communicate with other persons
inside and outside such tcrritories. They shall also be permitted to engage in
the practice of professions for which they have qualified under the applicable
legal provisions governing admission to professions.
3. The provisions of paragraphs 1 and 2 of the present Article shall be
subject to the right of either High Contracting Party to apply measures which
are necessary to maintain public order, and to protect public health, morals
and safety, including the right to expcl, to éxclude or to limit the movcment
of aliens on the said grounds.
4. Nationals of either High Contracting Party shall receive the most
constant protection and security within the territories of the other High Contracting
Party. Whcn any such national is in custody, he shall in every respect
receive reasonable and humane trcatment; and, on his demand, the diplomatie
or consular representative of his country shall without unnecessary de.lay be
notified and accorded full opportunity to safeguard his intcrests. He shall b·e
promptly informed of the accusations against him, allowed ail facilities reasonably
necessary to his defense and givcn a prompt and impartial disposition of lùs
case.
A-rticle Ill
1. Companies constituted under the applicable laws and regulations of
either High Contracting Party shall have their juridical status recognized within
the territories of the other High Contracting Party. lt is understood, however,
that recognition of juridical status does not of itself confer rights upon comparues
to engage in the activities for which they are organized. As used in the present
Treaty, " companies " means corporations, partnerships, comparues and other
associations, whether or not with limited liability and whether or not for
pecuniary profit.
2. Nationals and companies of either High Contracting Party shall have
freedom of access to the courts of justice and administrative agencies within
the territories of the other High Contracting Party, in ail degrees of jurisdiction,
both in defense and pursuit of their rrights, to the end that prompt and impartial
justice be donc, S11ch acçess $hi\ll be allowed, in any event, upon terrqs llQ
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Jess favorable than those applicable to nationals and companies of such other
High Contracting Party or of any trurd country. It is understood that companies
not engaged in activities within the country shall enjoy the right of such access
without any requirement of registration or domestication. ·
3. The private settlement of disputes of a civil nature, involving nationals
and companies of either High Contracting Party, shall not be discouraged
within the terri tories of the other High Contracting Party; and, in cases of such
seulement by arbitration, neither the alienage of the arbitrators nor the foreig.n
situs of the arbitration proceedings shall of themselves be a bar to the enforceability
of awards duly resulting therefrom.
Article IV
r. Each High Contracting Party shall at all times accord fair and equitable
treatment to nationals and comparues of the other High Contracting Party, and
to their property and enterprises; s·hall refrain from applying unreasonable or
discriminatory measures that would impair their legally acquired rights and
interests; and shall assure that their lawful contractual rights are afforded
effective means of enforcement, in c:onforrnity with the applicable laws.
2. Property of nationals and companies of either High Contracting Party,
including interests in property, shall receive the most constant protection and
security within the territories of the other High Contracting Party, in no case
Jess than that required by international Jaw. Such property shall not be taken
except for a public purpose, nor shall it be taken without the prompt payment
of just compensation. Such compensation shall be in an effectively realizable
form and shall represent the full equivaleJlt of the property taken; and adequate
provision shall have been made at or prior to the time of taking for the determination
and payment thereof.
3. The dwellings, offices, warehouses, factories and other ,prernises of
nationals and companies of either High Contracting Party located within the
territories of the other High Contracting Party shall not be subject to entry or
molestation without just cause. Official searches and examinations of such
prernises and their contents, shall be made only according to Jaw and with
careful regard for the convenience of the occupants and the conduct of business.
4. Enterprises which nationals and comparues of either High Contracting
Party are pcrrnitted to establish or acquire, within the territories of the other
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116 United Nations - Treaty Series 1957-1958
High Contracting Party, shaJI be permitted freely to conduct their activities
therein, upon tenns no less favorable than other enterprises of whatever
nationality engaged in similar activities. Such nationals and companies shall
enjoy the right to continued control and management of such enterprise.s; to
engage attorneys, agents, accountants and other technical experts, executive
personnel, interpreters and other specialized employees of their choice; and to
do ail other things necessary or incidental to the effective conduct of their
affairs.
Article V
1. Nationals and companies of either High Contracting Party shall be
permitted, within the ·territories of the other High Contracting Party : (a) to
!case, for suitable periods of time, real property needed for their residence or
for the conduct of activities pursuant to the present Treaty; (b) to purchase or
otherwise acquire persona! property of ail kinds; and (c) to dispose of property
of ail kinds by sale, testament or otherwise. The treatm'ent accorded in these
respects shaJI in no event be less ifavorable than that accorded nationals and
companies of any third country.
2. Upon compliance with the applicable laws and regulations respecting
registration and other formalities, nationals and companies of either High
Contracting Party shall be accorded within the territories of the other High
Contracting Party effective protection in the e.'Cclusive use of inventions, trade
marks and trade names. ·
Article VI
1. Nationals and companies of either High Contracting Party shall not
be subject to the payment of taxes, fees or charges within the territories of the
other High Contracting Party, or to requirements with respect to the levy and
collection thereof, more burdensome than those borne by nationals, residents
and companies of any third country. In the case of nationals of either High
Contracting Party residing within the territories of the other High Contracting
Party, and of nationals and companies of either High Contracting Party engaged
in trade or other gainful pursuit or in non-profit activities therein, such payments
and requirements shall not be more hurdensome than those borne by nationals
and companies of such other High Contracting Party.
2. Each High Contracting Party, however, reserves the right to :
(a) extend specific tax advantages only on the basis of reciprocity, or pursuant to
agreements for the avoidance of double taxation or the mutual protection of
revenue; and (b) apply special requirements as to the exemptions of a persona)
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118 United Nations - Treaty Series 1957-1958
nature allowed to non-residents in COJlnection with income and inheritance
taxes.
3. Companies of either High Contracting Party shall not be subject,
within the territories of the other !High Contracting Party, to taxes upon any
income, transactions or capital not attributable to the operations and investment
thereof within such territories.
A.rticle V II
1. Neither High Contracting 1Parry shall apply restrictions on the making
of payments, remittances, and other transfers of funds to or from the territories
of the other High Contracting Party, except (a) to the extent necessary to assure
the availability of forèign exchange for payments for goods and services essential
to the health and welfare of its people, or (b ). in the case of a member of the
International Monetary Fund, restrictions specifically approved by the Fund.
2. lf either High Contracting Party applies exchange restrictions, it shall
promptly· make reasonable provision for the withdrawal, in foreign exchange
in the currency of the other High Contracting Party, of: (a) the compensation
referred to in Article IV, paragraph 2, of the present Treaty, (b) earnings,
whether in the form of salaries, i nterest, di vidends, commissions, royalties,
payments for technical services, or otherwise, and (c) amounts for amortization
of loans, depreciation of direct investments and capital transfers, giving
consideration to special needs for other transactions. If more than one rate
of exchange is in force, the rate applicable to such withdrawals shall be a rate
which is specifically approved by the International Monetary Fund for such
transactions or, in the absence of a rate so approved, an effective rate which,
inclusive of any taxes or surcharges on cxchange transfers, is just and reasonable.
3. Either High Contracting Party applying exchange restrictions shall in
general administer them in a man11er not to influence disadvantageously the
competitive position of the commerce, transport or investment of capital of the
other High Contracting Party in comparison with the commerce, transport or
investment of capital of any third country; and shall afford such other High
Contracting Party adequate opportuniry for consultation at any time regarding
the application of the present Article.
Article VIII
1. Each High Contracting Party shall accord to products of the other
High Contracting Party, from what:ever place and by whatever type-of ca.rrier
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120 United Nati<J11S - Treaty Series 1957-1958
arnvmg, and to products destined for exportation to the territories of such
other High Contracting Party, by whatever route and by whatever type of
carrier, treatment no less favorable than that accorded like products of or destined
for exportation to any third country., in all matters relating to: (a) duties, other
charges, regulations and formalities, on or in connection with importation and
exportation; and (b) internai taxation, sale, distribution, storage and use. The
same rule shall apply with respect to the international transfer of payments for
imports and exports.
2. Neither High Contracting Party shall impose restrictions or prohibitions
on the importation of any product of the other High Contracting Party or on
the exportation of any product to the territories of the other High Cont.racting
Party, unless the importation of the like product of, or the exportation of the
iike product to, all third countries is similarly restricted or prohibited.
3. If either High Contracting Party imposes quantitative restrictions on
the importation or exportation of any product in which the other High
Contracting Party has an important interest ·:
(a) lt shall as a general rule give prior public notice of the total amount of the
product, by quantity or value, that may be imported or exported during
a specified period, and of any change in such amount or period; and
(b) If it makes allotments to any third country, it shall afford such other High
Contracting Party a share proportionate to the amount of the product, by
quantity or value, supplied by or to it during a previous representative
period, due consideration being given to any special factors affecting the
trad.e in such product.
4. Either High Contracting Party may impose prohibitions or restrictions
on sanitary or other customary grounds of a non-commercial nature, or in the
interest of preventing deceptive or unfair practices, provided such prohibitions
or restrictions do not arbitrarily discriminate against the commerce of the other
High Contracting Party.
5. Either High Contracting Party may adopt measures necessary to
assure the utilization of accumulated inconvertible currencies or to deal with
a stringency of foreign exchange. However, such measures shall deviate no
more than necessary from a policy designed to promote the maximum development
of non-discriminatory multilateral trade and to expedite the attainment
of a balance-of-payments position which will obviate the necessity of such
measures.
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122 United Natims - Treaty Series 1957-1958
6. Each High Contracting Party reserves the right to accord special
advantages : (a) to products of its national fisheries, (b) to adjacent countries
in order to facilitate frontier traffic, or (c) by virtue of a customs union or free
trade area of which either High Contracting Party, after consultation with the
other High Contracting Party, may beoome a member. Each High Contracting
Party, moreover, reserves rights and obligations it may have under the General
Agreement on Tariffs and Trade,1 and special advantages it may accord pursuant
thereto.
Article IX
1. ln the administration of its customs regulations and procedures, each
High Contracting Party shall : (a) promptly publish all requirements of
general application affecting importation and exportation; (b) apply such
requirements in a uniform, impartial and reasonable manner; (c) refrain, as a
general practice, from enforcing new or more burdensome requirements until
after public notice thereof; (d) prov:ide an appeals procedure by which prompt
and impartial review of adrninistrativ,e action in customs matters can be obtained;
and (e) not impose greater than nominal penalties for infractions resulting from
clerical errors or from mistakes made in good faith.
2. Nationals and companies of- either High Contracting Party shall be
accorded treatrnent no less favorable than that accorded nationals and companies
of the other High Contracting Party, or of any third country, with respect to
ail matters relat.ing to importation ·and exportation.
3. Neither High Contracting Party shall impose any measure of a
discriminatory nature that hinders or prevents the importer or exporter of
products of either country from obtaining marine insurance on such products
in companies of either ·High Contracting Party.
Article X
t. Between the territories of the two High Contracting Parties there shall
be freedom of commercé and navigation.
2 . . Vesset~ under the flag of either High Contrac.ting Party, and carrying
the papers required by its law in p roof of nationality, shall be deemed to be
vessels of that High Contracting Party both on the high seas and within the
ports, places and waters of the other High Contracting Party.
1 Sec footnotc 2; p, 76 of this volwne,
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3. Vessels of either High Contracting Party shall .have liberty, on equal
terms with vessels of the other High Contracting Party and on equal terms with
vessels of any third country, to corne with their cargoes to ail ports, places and
waters of such other High Contracting Party open to foreign commerce and
navigation. Such vessels and cargoes shall in all respects be accorded national
treatment and most-favored-nation treatment within the ports, places and
waters of such other High Contracting Party; but each High Contracting Party
may reserve exclusive rights and privileges to its own vessels with respect to
the coasting trade, inland navigatio.n and national fisheries.
4. Vessels of either High Contracting Party shall be accorded national
treatment and most-favored-nation treatment by the other High Contracting
Party with respect to the right to carry ail products that may be carried by vesse!
to or from the territories of such other High Contracting Party; and such products
shall be accorded treatment no less favorable than that accorded like products
carried in vessels of such other High Contracting Pa.rty, with respect to : (a)
duties and charges of ail kinds, (b) the administration of the customs, and (c)
bounties, drawbacks and other privileges of this nature.
5. Vessels of either High Contracting Party that are in distress shall be
permitted to take refuge in the nearest port or haven of the other High Contracting
Party, and shall receive friendly treatment and assistance.
6. The term " vessels ", as used herein, means ail types of vessels, whether
privately owned or operated, or publicly owned or operated; but this term does
not, except with reference to paragraphs 2 and 5 of the present Article, include
fishing vessels or vessels of war.
Article XI
1. Each High C-0ntracting Party undertakes (a) that enterprises owned
or controlled by its Government, and that monopolies or agencies granted
exclusive or special privileges within its territories, shall make their purchases
and sales involving either imports or exports affecting the commerce of the other
High Contracting Party solely in accordance with commercial considerations,
including price, quality, availability, marketability, transportation and other
conditions of purchase or sa.le; and (b) that the nationals, comparues and
commerce of such other High Contracting Party shall be afforded adequate
opportunity, in accordance with cu.stomary business practice, to compete for
participation in such purchases and sales.
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126 United Nations - Treaty Series 1957-1958
2. Each High Contracting Party shall accord to the nationals, companies
and commerce of the other High Contracting Party fair and equitable treatment,
as compared with that accorded to the nationals, companies and commerce of
any third country, witb respect to: (a) the governmental purchase of supplies,
(b) the awarding of government coptracts,· and (c) the sale of any service sold
by the Governrnent or by any monopoly or agency granted exclusive or special
priviJeges.
3. The High Contracting Parties recognize that conditions of competitive
equality should be maintained in situations in which publicly owned or controlled
trading or manufacturing enterprises of either High Contracting Party ei;igage
in competition, within the territories thereof, with privately owned and controlled
enterprises of nationals and comparues of the other High Contracting .Party.
Accordingly, such private enterprises shall, in such situations, be entitled to
the benefit of any special advantages of an econornic nature accorded such
public enterprises, whether in the nature of subsidies, tax exemptions or otherwise.
The foregoing ruJe shall not apply, however, to special advantages given
in connection with : (a) manufacturin,g goods for government use, or supplying
goods and services to the Government for government use; or (b) supplying at
prices substantially below competitive prices, the needs of particular population
groups for essential goods and services not otherwise practically obtainable by
such groups. ·
4. No enterprise of either High Contracting Party, including corporations,
associations, and government agencies and instrumentalities, which is publicly
owned or controlled shall, if it engages in commercial, industrial, shipping or
other business activities within the territories of the other High Cont.racting
Party, claim or enjoy, either for itself or for its property, immunity therein
from taxation, suit, execution of judgment or other liability to whicb privately
owned and controlled enterprises are subject therein.
Article XII
Each High Contracting Party shall have the right to send to the other High
Contracting Party consular rcpresentatives, who, having presented their
credentials and having been recognized in a consular capacity, shall be provided,
free of charge, with exequaturs or other authorization.
Article XIII
I'. Consular representatives of each High Contracting Party shalJ be
permitted to reside in the territory of the other High Contracting Party at the
places where consular officers of any third country are perrnitted to reside and
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at other places by consent of the other High Contracting Party. Consular
officers apd employees shall enjoy the privileges and immunities accorded to
officers and employees of their rank or status by general international usage
and shall be permitted to exercise all fonctions which are in accordance with
such usage; in any event they shall be treated, subject to reciprocity, in a manner
no Jess favorable than similar officers and employees of any third country.
2. The consular offices shall not be entered by the police or other local
authorities without the consent of the consular officer. except that in the case
of fire or other disaster, or if the local authorities have probable cause to believe
that a crime of violence bas been or is about to be committed in the consular
office, consent to entry shall be presumed. In no case shall they examine or
seize the papers there deposited.
Article XIV
J'. Ali furniture, equipment and supplies consigned to or withdrawn from
customs custody for a consular or diplomatie office of either High Contracting
Party for official use shall be exempt within the territories of the other High
Contracting Party from al! customs duties and internai revenue or other taxes
imposed upon or by reason of importation.
2. The baggage, effects and other articles imported exclusively for the
personal use of consular officers and diplomatie and consular employees and
members of their families residing with them, who are nationals of the sending
state and are not engaged in any pr:ivate occupation for gain in the territories
of the receiving state, shall be exempt from all customs duties and inter1.13l
revenue or other taxes imposed upon or by reason of importation. Such
exemptions shall be granted with respect to the property accompanying the
person entitled thereto on first arrivai and on subsequent arrivais, and to that
consigned to such officers and employees during the period in which they
continue in status.
3. lt is understood, however, tlhat : (a) paragraph 2 of the present Article
shall apply as to consular officers an.cl diplomatie and consular employees only
when their names have been comm.unicated to the appropriate authorities of
the receiving state and they have been duly recognized in their official capacity;
(b) in the case of consignments, either High Contracting Party m.ay, as a condition
to the granting of exemption, require that a notification of any such consignment
be given, in a prescribed manner; and (c) nothing herein authorizes importations
specifically prohibited by law.
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Article XV
1. The Government of either High Contracting Party may, in the territory
of the other, acquire, own, lease for any period of time, or othcrwise hold and
occupy, such lands, buildings, and appurtenances as may be necessary and
appropriate for governmental, other than military, purposes. If under the
local law the permission of the local authorities must be obtained as a prerequisite
to any such acquiring or holding, such permission shall be given on request . .
2. Lands and buildings situated in the territories of either High
Contracting Party, of which the other High Contracting Party is the legal or
equitable owoer and which are used exclusively for governmental purposes by
that owner, shall be exempt from taxation of every kind, national, state, provincial
and municipal, other than assessments levied for services or local public improvements
by which the premises are be:nefited.
Article XVI
r. No tax or other similar cruirge of any kind, whether of a national,
state, provincial, or municipal nature, shall be levied or co11ected within the
territories of the receiving state in respect of the official emoluments, salaries,
wages or allowances received (a) by a consular officer of the scnding state as
compensation for bis consular services, or (b) by a consular employee thercof
as compensation for his services at a consulate. Likewise, consular officers
and employees, who are permanent employees of the sending state and are not
engaged in private occupation for gain within the territories of the receiving
state, shall be exempt from ail taxes or other similar charges, the legal incidence
of which would otherwise fall upon such officers or employees.
2. The preceding paragraph shall not apply in respect of taxes and other
similar charges upon : (a) the ownership or occupation of immovable property
situated within the territories of the receiving state; (b) income derived from
sources within such territories (exoept the compensation mentioned in the
preceding paragraph); or (c) the passing of property at death.
3. The provisions of the present Article shall have Iike application to
diplomatie officers and employees, who shall in addition be accorded all exemptions
allowed them undcr general international usage.
Article XVII
The exemptions provided for in Articles XIV and XVI shall not apply
to nationals of the sending state who are also nationals of the receiving state,
or to any other person who is a national of the receiving state, nor to persons
having immigrant status who have been lawfully admitted for permanent
reside~ce in the receiving state,
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132 United Nations - Treaty Series 1957-1958
Article XVIII
Consular offi.cers and employees are not subject to local jurisdiction for
acts done in their official character and within the scope of their authority.
No consular officer or employee shall be required to present his official files
before the courts or to make declaration with respect to their contents.
Artick XIX
A consular officer shall have the right within his district to : (a) interview,
communicate with, assist and advise any national of the sending state; (b)
inquire into any incidents which have occurred affecting the interests of any
such national; and (c) assist any such national in proceedings before or in
relations with the authorities of the receiving state and, where necessary, arrange
for legal assistance to which he is ,entitlëd. A Mtional of the sending stâte
shall have the right at ail times to communicate with a consular officer of his
country and, unless subject to lawful detention, to visit him at the consular
office.
Article XX
ï. The present Treaty shall oot preclude the application of measures :
(a) regulating the importation or exportation of gold or silver;
(b) relating to fissionable materials, the radio-active by-products thereof, or
the sources thereof;
(c) regulating the production of or traffic in arrns, ammunition and imp!ements
of war, or traffic in other materials carried on directly or indirectly for the
purpose of supplying a military establishment; and
(d) neccssary to fulfill the obligations of a High Contracting Party for the
maintenance or restoration of international peace and security, or necessary
to protéct its essential security i nterests.
2. The present Treaty does not accord any rights to engage in political
activities.
3. The stipulations of the present Treaty shall not extend to advantages
accorded by the United States of America or its Territories and possessions,
irrespective of any future change in their political status, to one another, to the
Republic of Cuba, to the Republic of the Philippines, to the Trust Territory
of the Pacifie Islands or to the Panama Canal Zone.
4. The provisions of Article II, .Paragraph f, shall be construed as extending
to nationals of either Higb Contracting Party seeking to enter the territories of
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the other High Contracting Party solely for the purpose of developing and
directing the operations of an enterprisc in the territories of such other High
Contracting Party in which their employer has invested or is actively in the
process of investing a substantial amount of capital : provided that such employer
is a national or company of the same nationality as the applicant and that the
applicant is employed by such national or company in a responsible capacity.
Article XXJ
1. Each High Contracting Party shall accord sympathetic consideration
to, and shall afford adequate opportunity for consultation regarding, such
representations as the other High Contracting Party rnay make with respect
to any matter affecting the operation of the present Treaty.
2. Any dispute between the High Contracting Parties as to the interpretation
or application of the present Treaty, not satisfactorily adjusted by
diplomacy, shall be submitted to the International Court of Justice, unless the
High Contracting Parties agree to settlement by some other pacifie means.
Article XXJ/
1. The present Treaty shall replace the following agreements between
the United States of America and Iran :
(a) the provisional agreement relating to commercial and other relations,
concluded at T ehran May r4, ]928,1 and
(b) the provisional agreement relating to persona! status and family law,
concluded at Tehran July 11, 1928.2
2. Nothing in the present Tr,eaty shall be construed to supersede any
provision of the trade agreement a,nd the supplementary exchange of notes
between the United States of America and Iran, concluded at Washington
April 8, 1943.a
Article XXl/1
1. The present Treaty shall be ratified, and the ratifications thereof shall
be exchanged at Tehran as soon as possible.
2. The presènt Treaty shall enter into force one month after the day of
exchange of'ratifit;ations. · .Itshall rernain in force for ten years and shall continue
in· force t hereafter until terminated as provided herein.
1 De Marteno, Nouvuzu RutUil génira/ tl.• Traith, ttoîsim,e strie, tome XXX, p. 88S.
• De Marteno, Nouv,au Rmuü géniral dt Traith, troisim,e série, tome XXV, p. SS.
• United Natioru;, TtttJ ty Saiel; Vol, 106, p. ISS.
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136 United Nations - Treaty Series 1957-1958
3. Either High Contracting Party may, by giving one year's written notice
to the other High Contracting Party, terminate the present Treaty at the end
of the initial ten-year pe.riod or at any time thereafter.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed the
present Treaty and have affixed hereunto their seals.
DONE in duplicate, in the English and Persian languages, both equally
authentic, at Tehran this fifteenth dlay of August one thousand nine hundred
fifty-five, corresponding with the twenty-third day of Mordad one thousand
three hundred and thirty-four.
No, 41)2
Se!den CHAPIN
[sEAL]
MOSTAFA SAM1Y
[s!W.]

Annex 2
Presidential Memoranda, Ceasing U.S. Participation in the JCPOA and Taking
Additional Action to Counter Iran’s Malign Influence and Deny Iran All Paths to
a Nuclear Weapon, 8 May 2018

PRESIDENTIAL MEMORANDA
Ceasing U.S. Participation in the
JCPOA and Taking Additional
Action to Counter Iran's Malign
Influence and Deny Iran Ail Paths
to a Nuclear Weapon
- FOREIGN PO LICY lssued on: May 8, 2018
* * *
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF ENERGY
THE SECRETARY OF HOMELAND SECURITY
THE ASSISTANT TO THE PRESIDENT AND CHIEF OF
STAFF
THE UNITED STATES TRADE REPRESENTATIVE
THE UNITED STATES PERMANENT REPRESENTATIVE
TO THE UNITED NATIONS
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL
SECURITY AFFAIRS
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC
POLICY
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
THE DIRECTOR OF THE FEDERAL BUREAU OF
INVESTIGATION
SUBJECT: Ceasing United States Participation in the Joint Comprehensive Plan of
Action and Ta king Additional Action to Counter lran's Malign Influence and Deny
Iran Ali Paths to a Nuclear Weapon
As President, my highest priority is to ensure the safety and security of the United
States and the American people. Since its inception in 1979 as a revolutionary
theocracy, the lslamic Republic of Iran has declared its hostility to the United
States and its allies and partners. Iran remains the world's leading state sponsor of
terrorism, and provides assistance to Hezbollah, Hamas, the Taliban, al-Qa'ida,
and otherterrorist networks. Iran also c,ontinues to fuel sectarian violence in Iraq,
and support vicious civil wars in Yemen and Syria. lt commits grievous human
rights abuses, and arbitrarily detains foreigners, including United States citizens,
on spurious charges without due process of law.
There is no doubt that Iran previously attempted to bolster its revolutionary aims
through the pursuit of nuclear weapons and that lran's uranium enrichment
program continues to give it the capability to reconstitute its weapons-grade
uranium program if it so chooses. As President, l have approved an integrated
strategy for Iran that includes the strategic objective of denying Iran ail paths to a
nuclear weapon.
The preceding administration attempted to meet the threat of lran's pursuit of
nuclear capabilities through United States participation in the Joint
Comprehensive Plan of Action (JCPOA) on lran's nuclear program. The JCPOA
lifted nuclear-related sanctions on Iran and provided it with other significant
benefits in exchange for its temporary commitments to constrain its uranium
enrichment program and to not conduct work related to nuclear fuel reprocessing,
the two critical pathways to acquiring weapons-grade nuclear material. Sorne
believed the JCPOA would moderate lran's behavior. Since the JCPOA's inception,
however, Iran has only escalated its destabilizing activities in the surrounding
region. lranian or lran-backed forces have gone on the march in Syria, Iraq, and
Yemen, and continue to control parts of Lebanon and Gaza. Meanwhile, Iran has
publicly declared it would deny the International Atomic Energy Agency (IAEA)
access to military sites in direct conflict with the Additional Protocol toits
Comprehensive Safeguards Agreement with the IAEA. ln 2016, Iran also twice
violated the JCPOA's heavy water stockpile limits. This behavior is unacceptable,
especially for a regime known to have pursued nuclear weapons in violation of its
obligations under the Treaty on the Non-Proliferation of Nuclear Weapons.
lran's behaviorthreatensthe national interestofthe United States. On October 13,
2017, consistent with certification procedures stipulated in the Iran Nuclear
Agreement Review Act, 1 determined that I was unable to certify that the
suspension of sanctions related to Iran pursuant to the JCPOA was appropriate
and proportionate to the specific and verifiable measures ta ken by Iran with
respect to terminating its illicit nuclear program. On January 12, 2018, 1 outlined
two possible paths forward - the JCPOA's disastrous flaws would be fixed by May
12, 2018, or, failing that, the United States would cease participation in the
agreement. 1 made clear that this was a last chance, and that absent an
understanding to fix the JCPOA, the United States would not continue to
implement it.
That understanding has not materialized, and I am today ma king good on my
pledge to end the participation of the United States in the JCPOA. 1 do not believe
that continuing to provide JCPOA-related sanctions relief to Iran is in the national
interest of the United States, and I will not affirm what I know to be fa Ise. Further, 1
have determined that it is in the national interest of the United States tore-impose
sanctions lifted or waived in connection with the JCPOA as expeditiously as
possible.
Section 1. Policy. lt is the policy of the United States that Iran be denied a nuclear
weapon and intercontinental ballistic missiles; that lran's network and campaign
of regional aggression be neutralized; to disrupt, degrade, or deny the lslamic
Revolutionary Guards Corps and its surrogates access to the resources that sustain
their destabilizing activities; and to counter lran's aggressive development of
missiles and other asymmetric and conventional weapons capabilities. The
United States will continue to pursue these aims and the objectives contained in
the Iran strategy that I announced on October 13, 2017, adjusting the ways and
means to achieve them as required.
~-2.. Ending United States Participation in the JCPOA. The Secretary of State
shall, in consultation with the Secretary of the Treasury and the Secretary of
Energy, take ail appropriate steps to cease the participation of the United States in
theJCPOA.
Sec. J. Restoring United States Sanctions. The Secretary of State and the
Secretary of the Treasury shall immediat ely begin ta king steps tore-impose ail
United States sanctions lifted or waived in connection with the JCPOA, including
those underthe National Defense Authorization Act for Fiscal Year 2012, the Iran
Sanctions Act of 1996, the Iran Threat Reduction and Syria Hu man Rights Act of
2012, and the Iran Freedom and Counter-proliferation Act of 2012. These steps
shall be accomplished as expeditiously as possible, and in no case later than 180
days from the date of this memorandum. The Secretary of State and the Secretary
of the Treasury shall coordinate, as appropriate, on steps needed to achieve this
aim. They shall, for example, coordinate with respect to preparing any
recommended executive actions, includ ing appropriate documents tore-impose
sanctions lifted by Executive Orcier 13716 of January 16, 2016; preparing to re-list
persans removed, in connection with the JCPOA, from any relevant sanctions lists,
as appropriate; revising relevant sanctions regulations; issuing limited waivers
du ring the wind-down period, as appropriate; and preparing guidance necessary
to educate United States and non-United States business communities on the
scope of prohibited and sanctionable activity and the need to unwind any such
dealings with lranian persans. Those steps should be accomplished in a manner
that, to the extent reasonably practicable, shifts the financial burden of unwinding
any t ransaction or course of dealing primarily onto Iran or the lranian
counterparty.
Sec.1_. Preparing for Regional Contingencies. The Secretary of Defense and heads
of any other relevant agencies shall prepare to meet, swiftly and decisively, ail
possible modes of lranian aggression against the United States, our allies, and our
partners. The Department of Defense shall ensure that the United States develops
and retains the means to stop Iran from developing or acquiring a nuclear weapon
and related delivery systems.
Sec . .5_. Monitoring lran's Nuclear Conduct and Consultation with Allies and
Partners. Agencies shall take appropriate steps to enable the United States to
continue to monitor lran's nuclear conduct. 1 am open to consu ltations with allies
and partners on future international agreements to counter the full range of lran's
threats, including the nuclear weapon and intercontinent al ballistic missile
threats, and the heads of agencies shall advise me, as appropriate, regarding
opportunities for such consultations.
Sec.~. General Provisions. (a) Nothing in this memorandum shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposais.
(b) This memorandum shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its officers, employees, or
agents, or any other persan.
DONALD J. TRUMP
Annex 3
Remarks by President Trump on the Joint Comprehensive Plan of Action,
8 May 2018
Remarks by President Trump on the Joint
Comprehensive Plan of Action
1::1 whltehouse.gov/briefings-slatements/rema11<s-president-trump-Joint-comprehensive-ptan-act10n/
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Diplomatie Receptlon Room
2:13 P.M. EDT
THE PRESIDENT: My fellow Americans: Today, 1 want to update the world on our efforts
to prevent Iran from acquiring a nuclear weapon.
The lranian regime is the leading state sponsor of terror. lt exports dangerous missiles,
fuels conflicts across the Middle East, and supports terrorist proxies and militias such as
Hezbollah, Hamas, the Taliban, and al Qaeda.
Over the years, Iran and its proxies have bombed American embassies and military
installations, murdered hundreds of American servicemembers, and kidnapped,
imprisoned, and tortured American citizens. The lranian regime has funded its long reign of
chaos and terror by plundering the wealth of its own people.
No action taken by the regime has been more dangerous than ils pursuit of nuclear
weapons and the means of delivering them.
ln 2015, the previous administration joined with other nations in a deal regarding lran·s
nuclear program. This agreement was known as the Joint Comprehensive Plan of Action,
or JCPOA.
ln theory, the so-called "Iran deal" was supposed to protect the United States and our allies
from the lunacy of an lranian nuclear bomb, a weapon that will only endanger the survival
of the lranian regime. ln tact, the deal allowed Iran to continue enriching uranium and, over
time, reach the brink of a nuclear breakout.
The deal lifted crippling economic sanctions on Iran in exchange for very weak limits on the
regime's nuclear activity, and no limits at all on its other malign behavior, including its
sinister activities in Syria, Yemen, and other places all around the world.
ln other words, at the point when the United States had maximum leverage, this disastrous
deal gave this regime - and it's a regime of great terror - many billions of dollars, some of
it in actual cash - a great embarrassment to me as a citizen and to all citizens of the
United States.
A constructive deal could easily have been struck at the time, but it wasn't. At the heart of
the Iran deal was a giant fiction that a murderous regime desired only a peaceful nuclear
1/4
energy program.
Today, we have definitive proof that this lranian promise was a lie. Last week, Israel
published intelligence documents long concealed by Iran, conclusively showing the lranian
regime and its history of pursuing nuclear weapons.
The fact is this was a horrible, one-sided deal that should have never, ever been made. lt
didn't bring cairn, it didn't bring peace, and it never will.
ln the years since the deal was reached, lran's military budget has grown by almost 40
percent, while its economy is doing very badly. After the sanctions were lifted, the
dictatorship used its new funds to build nuclear-capable missiles, support terrnrism, and
cause havoc throughout the Middle East and beyond.
The agreement was so poorly negotiated that even if Iran fully complies, the regime can
still be on the verge of a nuclear breakout in just a short period of lime. The deal's sunset
provisions are totally unacceptable. If I allowed this deal to stand, there wouid soon be a
nuclear arms race in the Middle East. Everyone would want their weapons ready by the
time Iran had theirs.
Making matters worse, the deal's inspection provisions lack adequate mechanisms to
prevent, detect, and punish cheating, and don't even have the unqualified right to inspect
many important locations, including military facilities.
Not only does the deal fail to hait lran's nuclear ambitions, but it also fails to address the
regime's development of ballistic missiles that cou Id deliver nuclear warheads.
Finally, the deal does nothing to constrain lran's destabilizing activities, including its support
for terrorism. Since the agreement, lran's bloody ambitions have grown only more brazen.
ln light of these glaring flaws, 1 announced last October that the Iran deal must either be
renegotiated or terminated.
Three months later, on January 12th, 1 repeated these conditions. 1 made clear that if the
deal could not be fixed, the United States would no longer be a party to the agreement.
Over the past few months, we have engaged extensively with our allies and partners
around the world, including France, Germany, and the United Kingdom. We have also
consulted with our friends from across the Middle East. We are unified in our
understanding of the threat and in our conviction that Iran must never acquire a nuclear
weapon.
After these consultations, it is clear to me that we cannot prevent an lranian nuclear bomb
under the decaying and rotten structure of the current agreement.
The Iran deal is defective at its core. If we do nothing, we know exactly what will happen.
ln just a short period of time, the world's leading state sponsor of terrer will be on the cusp
of acquiring the world's most dangerous weapons.
Therefore, 1 am announcing today that the United States will withdraw from the Iran nuclear
deal.
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THE PRESIDENT: Thank you very much. This will make America much safer. Thank you
very much.
Q ls Secretary Pompeo bringing the detainees home?
THE PRESIDENT: Thank you. Secretary Pompeo is, right now, going to North Korea. He
will be there very shortly in a malter of virtual - probably an hour. He's got meetings set
up. We have our meeting scheduled. We have our meeting set. The location is picked -
the lime and the date. Everything is picked. And we look forward to having a very great
success.
We think relationships are building with North Korea. We'II see how it all works out. Maybe
it will, maybe it won't. But it can be a great thing for North Korea, South Korea, Japan and
the entire world. We hope it all works out.
Thank you very much.
Q Are the Americans being freed?
Q Are the Americans coming home, Mr. President?
THE PRESIDENT: We'II all soon be finding out. We will soon be finding out. lt would be a
great thing if they are. We'II soon be finding out. Thank you very much.
END
2:25 P.M. EDT
4/4
ln a few moments, 1 will sign a presidential memorandum to begin reinstating U.S. nuclear
sanctions on the lranian regime. We will be instituting the highest level of economic
sanction. Any nation that helps Iran in its quest for nuclear weapons could allso be strongly
sanctioned by the United States.
America will not be held hostage to nuclear blackmail. We will not allow American cities to
be threatened with destruction. And we will not allow a regime that chants "Death to
America" to gain access to the most deadly weapons on Earth.
Today's action sends a critical message: The United States no longer makes empty
threats. When I make promises. 1 keep them. ln tact, at this very moment. Secretary
Pompeo is on his way to North Korea in preparation for my upcoming meeting with Kim
Jong-un. Plans are being made. Relationships are building. Hopefully, a deal will happen
and , with the help of China. South Korea, and Japan, a future of great prosperity and
security can be achieved for everyone.
As we exit the Iran deal, we will be working with our allies to find a real, comprehensive,
and lasting solution to the lranian nuclear threat. This will include efforts to eliminate the
th reat of lran's ballistic missile program; to stop its terrorist activities worldwide; and to
block its menacing activity across the Middle East. ln the meantime, powerful sanctions will
go into full effect. If the regime continues its nuclear aspirations. it will have lbigger
problems than it has ever had before.
Finally, 1 want to deliver a message to the long-suffering people of Iran: The people of
America stand with you. lt has now been almost 40 years since this dictatorship seized
power and look a proud nation hostage. Most of lran's 80 million citizens have sadly never
known an Iran that prospered in peace with its neighbors and commanded the admiration
of the world.
But the future of Iran belongs to its people. They are the rightful heirs to a rich culture and
an ancien! land. And they deserve a nation that does justice to their dreams, honor to their
history, and glory to God.
lran's leaders will naturally say that they refuse to negotiate a new deal; they· refuse. And
that's fine. l'd probably say the same thing if I was in their position. But the fact is they are
going to want to make a new and lasting deal, one that benefits all of Iran and the lranian
people. When they do, 1 am ready, willing, and able.
Great things can happen for Iran, and great things can happen for the peace and stability
that we all want in the Middle East.
There has been enough suffering, death, and destruction. Let it end now.
Thank you. God bless you. Thank you.
(The presidential memorandum is signed.)
Q Mr. President, how does this make America safer? How does this make America
safer?
3/4
Annex 4
Letter sent to the Secretary-General of the United Nations on 10 May 2018,
UN Doc A/72/869-S/2018/453
United Nations A m , s69- S 1201 s1453
(A) General Assembly
-Security Council
General Assembly
Seventy-second sess ion
Agenda item 65
Peacebuilding and sustaining peace
Distr.: Oeneral
22May2018
Orig inal: English
Security Council
Seventy-third year
Letter dated 11 May 2018 from the Permanent Representative of
the Islamic Republic of Iran to the United Nations addressed to
the Secretary-General
1 have the honour to enclose herewith a letter dated 10 May 20 18 from the
Minister for Foreign Affairs of the Isla mie Republic of Iran, M. Javad Zarif, regarding
the unilateral and unlawful decision of the United States to withdraw fro m the Joint
Comprehensive Plan of Action (see annex).
1 should be grateful if you would have the present letler and its annex circulated
as a document of the Oeneral Assembly, under agenda item 65, and of the Security
Council.
(Signed) Oholamali Khoshroo
Permanent Representative of the lslamic Republic of Iran
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Annex to the letter dated 11 May 2018 from the Permanent
Representative of the Islamic Republic of Iran to the
United Nations addressed to the Secretary-General
As you are aware, on 8 May 2018, the President of the United States announced
his unilateral and unlawful decision 10 withdraw from the Joint Comprehensive Plan
of Action (JCPOA), in material breach ofSecurity Council resolution 2231 (2015), to
which the JCPOA is annexed. Simultaneously, he signed a presidential memorandum
instructing re levant US authorities " to cease the participat ion of the United States in
the JCPOA" and "to reimpose ail Uraited States sanctions lifted or wa ived in
connection witb the JCPOA". thus committing multip le cases of "significaat
non-performance" with the JCPOA, amd in clear non-compliance with Security
Council resol ution 2231 (2015). These acts constitute a complete disregard for
international law and the Charter of the United Nations, undermine the principle of
the peaceful seltlement of disputes, endanger multilateralism and its institutions,
indicate a regress to the failed and disastrous era of un ilateralism, and encourage
intransigence and illegal ity.
Unlike the lslamic Republic of Iran, which has scrupulously fu lfilled its
undertakings under the JCPOA, as repeatedly and consistently verified by the
International Atomic Energy Agency ( IAEA), the United States has consistently
fai led - s ince "implementation day", arad particu larly after the assumption of office
by President Trump - to abide by its commitments under the JCPOA. 1 have brought
the most significant cases of US non- performance to the attention of the Joint
Commission, inter alia, through 12 offic ial letters to the High Represe ntarive of rhe
European Union for Foreign Affairs and Security Policy, in her capacity as
Coordinator of the JCPOA Joint Commission.
ln my letter of 2 September 20 16 , 1 registered lran 's complainrs about US
fai lures to perform its obligations eight months after " implementation day" by not
issuing the necessary licences for the sale or lease ofpassenger aircraft, by hinderi ng
lran's Free access to its assets abroad, by obstructing re-engagement of the
non-American banking and fina ncial community with Iran and by the re introduction
of certain sanctions under Executive -Order 13645, whicb was supposed to be
terminated in its totality. Thal letter also referred to the fail ure of the US President to
use his constitu tional authorily to prevenn " the US Visa Waiver Program lmprovement
and Terrorist Travel Prevention Act of 2015" from violating US obligations under the
JCPOA.
ln my letter of 17 November 20 J 6_ 1 underlined the necess ity of the use of the
US President's consl itutional aulhority to prevent the coming into fo rce of the " Iran
Sanctions Extension Act", whicb constituted Lhe reimposition of the sanctions lifted
under the JCPOA, which is clearly prohibited by the JCPOA. The same letter
underlined thal ·'Iran has hitherto exercised enormous restra int in the face of
lack luster implementation of JCPOA by some participants, in particular the United
States, especia lly with regard to banking and financial services as well as persistent
public and private harassment of lran 's business partners by various US institutions,
agencies and instrumentalities."
Subsequently, in my letter of 16 December 20 16, 1 informed the JCPOA Joint
Commission that, as a result of the extension of the " Iran Sanctions Act" (ISA) on
14 December 2016, "the United States committed a significant breach of its
obligations under the JCPOA by re introclucing the sanctions under ISA."
ln my letter of28 March 2017, 1 protested 10 the Joint Commiss ion that, " Since
the assumption of office by the new US administration, what used to be 'lackluster'
implementation of the JCPOA by the previous administration has now turned into
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total and open hostil ity towards the deal, threatening 10 render the entire bargain
meaningless, unbalanced and unsusta inable." The letter underlined that the Trump
administration had "maliciously intended 10 prevent normalization of trade with Iran
and to deprive Iran from the economic dividends clearly envisaged in the JCPOA, by
ensuring continued - and even exacerbated - uncertainty about the furure of
economic relations and cooperation with Iran", inter alia, through the illegal " review
process" and by "the pattern of provocative s1a1emen1s against the JCPOA by senior
US administration officiais".
ln my letter of28 May 2017, 1 brought several instances to the attention of the
Joint Commission illustrating lhat, even when the United States purported to comply
by renewing the required waivers, "it aimed to reverse lran's benefit from the
JCPOA ... and 10 'call into question the US's long-term support for the nuclear
accord' in order 10 increase uncertainty and dissuade engagement with Iran ".
ln my letter of 19 July 2017, 1 produced conclusive evidence which corroborated
that the United States was following a systema1ic policy aimed al dissuading lran's
economic partners from engaging with Iran in clear contradiction of US commitmenls
under the JCPOA, in particu lar paragraphs 28 and 29. ln this respect, 1 referred 10 an
official statement by the White House Principal Deputy Press Secretary in which she
officially acknowledged through a 'public statement ' thal President Trump, ''in his
discussions with more than ha lf a dozen fore ign leaders .. . underscored the need .. .
to stop doing business with ... Iran''.
ln my leuer of 13 August 2017, 1 warned the Joint Commission that the United
States was destroying the 'atmosphere' needed for the 'success ful implementation ' of
the JCPOA in an ex hibition ofbad faith. Specifically, 1 referred 10 President Trump 's
rhetoric and his administration 's distortions - in blatant violation of the letter, spirit
and intent of the JCPOA - in order to allege non-compliance by Iran in spite of
repeated verifications by the IAEA.
ln my letter of 19 August 2017, 1 provided one example ofhow the United States
sought 10 affect the profess ional work of the IAEA. While objec1ing 10 the US
Permanent Representative 's lravel to Vienna " to discuss the US Government's
concerns about the Iran nuclear deal with the International Alomic Energy Agency"
and to "press IAEA on Iran deal compliance", 1 insisted 1hat the publicly stated
purpose of such visits ra ises several ser-ious concerns over further violations of the
letter aod spirit of the JCPOA and Sccu.rity Couacil resolution 2231 (2015), wbich
cou Id also undermi ne the credibility of the Agency - vital 10 the non-proliferation
regime in general, and the JCPOA in panicular.
ln my letter of 18 September 2017, 1 informed the Joint Commission that the
United States Government was manufacturing fabricated excuses either to get out of
the JCPOA outright or 10 make il impossib le and irrational for Iran to continue its
good faith, patient and scrupulous adherence with the agreement. Several facts at that
time were indicating that the US was concocting "decertification" of lran's
compliance, in spite of ail IAEA reports and US S1a1e Department repeated
admissions. 1 underlined in that letter that the US administration cannot bide behiod
such domestic procedure that it is mal iciously initiating itself, and will have to bear
full responsibility for the aftermath in Gongress. 1 indicated that, " while the lslamic
Republic of Iran has a clear preference for the survival and continued scrupulous
implemenlation of the JCPOA, and whil.e il has proven its good faith and exercised
maximum restraint in the face of continued and persistent US violations and
intransigence, the renowned patience of lranian people is not limitless, and the
options of the lranian Government are nol limited".
ln my letter of 16 October 2017, referri ng 10 the unlawful decertification with in
a US domestic procedure on 13 October 2017, 1 underscored that the United States
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was actively seeking to deprive Iran of enjoying the benefits of American sanctionlifting
obligations under the JCPOA. As such, lhey const ituted a grave breach of lhe
very letter and substance of paragraphs 26, 28 and 29 of the JCPOA. 1.n 1he same
letter. 1 reiterated that the lslamic Republic of Iran will never accept illegal demands
and expects olber JCPOA participants to do likewise.
ln my letter of I February 20 18, 1 officia lly objected to the ultimatum by
President Trump on 12 January 2018, demanding tha1 other JCPOA participanls
follow him in unlawfully altering 1he terms of the agreement. 1 urged 01her JCPOA
participants 10 remain cogni zan1 of their shared responsibil ity to safeguard the
agreement by hold ing the United States accountable for its reckless and unlawful
actions, and refrai ning from any statement or action that may be interpreted as
conceding or acquiesc ing to US anempts 10 a lter, amend or otherwise undermine the
JCPOA.
ln my letter dated today, 1 specified measures that need to be taken through the
Joint Commission to address the wrongful acts by the United States against Iran and
international law, including its unlawful withdrawal from the accord and the
reimposition of sanctions.
As you bave seen from these correspondences, the United States had been
persistently violating the lerms of the :agreement a lmost from its inception, eve n
preventing other JCPOA participanls from fully performing their obligations. Tbose
violations included systemat ic fai lures, late, lackluster, defective, superfic ial and
ineffective nominal implementation, undue delays, new sanctions and designations,
derogatory anti -JCPOA statemenls by senior officia is - in particular the Pres ident
himself- refusai to issue any Office of Foreign Assets Conlrol licences in the past
16 months, as well as concerted efforts by the US Government's agencies and
instrumentalilies 10 actively dissuade businesses from engagement with Iran.
The unlawful US act of unwarramed withdrawal from the JCPOA renders it
responsible for the mosl blatant malerial breach of its obligations under lhe
agreement. The US has also nagrantly vio lated Security Council reso lution 2231
(2015), which was sponsored, inter a lia, by the United States itself and adopted
unanimously by the Counc il. The United Sta1es must, therefore, be held accountable
for the consequences of its reck less and wrongful act, which nies in the face of the
United Nations Charter and international law.
The prolonged and multiple cases of significant non-performance by the US
over the last three years - particularly in the last 16 months - its active obstruction
of performance by other JCPOA participants, ils bad fa ith nominal implementation,
and ils unlawful and unwarranted cessation of implementation of its commitments
under the JCPOA and the official reimposi tion of unlawful sanc1 ions have caused
irreparable harm to Iran and its internattional business relations. The United States
should be held responsible for these damages, and the lranian nation must be
compensated.
The JCPOA is a multi-party agreement based on reciprocity. lts scope,
provisions and lime frames are based on a delicate, negotiated and multilatcrally
accepted balance that cannot be widened. altered or renegotiated. lts benefits to the
lran ian people cannot be subjected to a ny condi1ionaliry other than those nuclearrelated
voluntary measures specifically stipulated solely in the JCPOA and its
annexes. Sorne of the mosl significant economic benefits to Iran from the JCPOA
derive from the sanctions- lifting obligat·ion of the United States. If the JCPOA is to
survive, the remaining JCPOA participamts and the international community need to
fu lly cnsurc that lran is compensated unconditionally lhrough appropriate nationa l,
regional and global measures.
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The ls lamic Republic of Iran has been in full compliance with its commi1111en1s
under the JCPOA. This fact has been repeatedly veritied by the IAEA, as reflected in
ils Director-General's reports to the IAEA Board ofGovernors aod the Uoited Nations
Security Council since " implementation day" in January of20 16. ln line with lran's
commiunenl lO lega lity and the peaceful resolution of international disputes, the
lslamic Republic of Iran has decided to resorl to the JCPOA mechanism in good faith
10 lind solutions in order to rectify the United States' multiple cases of signilicant
non-performance and its unlawful withdrawal, and to determine whether and how the
remaining JCPOA participanis and 01her economic partners can ensure the full
benelits that the lranian people are entitled to derive from th is global diplomat ie
achievement. 1 f, after the exhaustion of available remedies, our people 's rights and
benelits are not fully compensated, it is lran 's unquestionable right - recognized
also under the JCPOA and Security Council resolution 223 1 (20 15) - to take
appropriate action in response to persistent, numerous unlawful acts by the US,
particularly its withdrawal and reimposit ion of all sanctions.
1 urge the United Nations 10 keep the United States accountable for its unilateral
and irresponsible conduct, which wi Il detrimentally affect the rule of law,
multilateralism and the very foundations of diplomacy.
(Signed) M. Javad Zarif
A/721869
S/2018/453
5/5
Annex 5
Note Verbale No 381/289/4870056 sent on 11 June 2018 to the Embassy of
Switzerland (U.S. Interest Section) to be transmitted to the U.S. Government
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Informai English Translation of Note verbal dated 11 June 2018
The Ministry of Foreign Affairs of the Islamic Republic of Iran presents its
compliments to the Embassy of Switzerland (lnterest Section of the United States)
and highly appreciates if this message of the Islamic Republic of Iran will be
transmitted to the Government of the United States at its highest level:
"The Islamic Republic oflran is expressing its serious complaint over the unilateral
and unlawful decision of the Govemment of the United States, made on 8 May 2018,
"to re-impose the United States sanctions lifted or waived in connection with the
JCPOA".
As the Minister of Foreign Affairs of the Islamic Republic of Iran has indicated in
his letter of 10 May 2018 addressed to the Secretary General of the United Nations 1
,
"These acts constitute a complete disregard for international law and the Charter of
the United Nations, undermine the principle of the peaceful settlement of disputes,".
The Government of the lslamic Republic of Iran continues to believe that the
unilateral sanctions of the United States against Iran are in violation of US
international obligations which entails, as a result of this unlawful act, the
international responsibility of the US.
Accordingly, the Government of the Jslamic Republic of Iran calls upon tlhe United
States, in compliance with its international obligations, to immediately take the
necessary measures in order to cease this unlawful act and make full reparation for
its consequences. Jt is obvious that the Government of the Jslamic Republic oflran
preservers ail its rights to legally and appropriately pursue this matter, including in
accordance with legally-binding treaties between two parties; should the matter
would not be resolved through diplomacy."
The Ministry of Foreign Affairs of the lslamic Republic of Iran avails of this
opportunity to renew to the Embassy of Switzerland the assurance of its highest
consideration.
1
• UN Documents; A/72/869- S/2018/453
Annex 6
Note verbale No 381/210/4875065 sent on 19 June 2018 to the Embassy of
Switzerland (U.S. Interest Section) to be transmitted to the U.S. Government
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Unofficial translation of the Message
'The Islamic Republic of Iran recalls its message addressed to the
Government of the United States, contained in Note Verbal No.
381/289/4870056 dated 11 June 2018 to the E mbassy of Switzerland
(InterestSection of the United States).
The Islamic Republic of Iran hereby notifies the Government of the United
States that its decision of 8 May 2018 and the re-imposition of sanctions
constitute a breach of international obligations of the United States and in
particular those contained in the 1955 Treaty of Amity, Economie Relations,
and Consular Rights between Iran and the United States of America.
The Government of the Islamic Republic of Iran calls upon the United
States to take all necessary measure to cease immediately its breach of
international obligations and to communicate, on an expedited basis and
not la ter tha n 25 June 2018 that in fulfillment of its obligations, it has
revoked its decision announced on 8 May 2018 and that it will not reimpose
the sanctions against the Islamic Republic of Iran and Iranian
nationals. Otherwise, the Government of the Islamic Republic of Iran will
exercise its legal rights under applicable rules of international law."
. Treaty of Amity, E conomic Relations, and Consular Rights of 1955 between Iran and
the United States, signed atTehran on 15 August1955, 284 U.N.T.S. 93.

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