Volume I - Annexes 1-19 | INTERNATIONAL COURT OF JUSTICE

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IN THE NAME OF GOD
INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
ALLEGED VIOLATIONS OF THE 1955 TREATY OF AMITY,
ECONOMIC RELATIONS, AND CONSULAR RIGHTS
(ISLAMIC REPUBLIC OF IRAN V. UNITED STATES OF AMERICA)
ANNEXES TO THE MEMORIAL
OF THE ISLAMIC REPUBLIC OF IRAN
VOLUME I
24 May 2019

TABLE OF CONTENTS
PART I – TREATIES AND AGREEMENTS
1.1 Treaty of Amity of 1955
Annex 1
Treaty of Amity, Economic Relations, and Consular Rights of
1955 between the United States of America and Iran, 284
U.N.T.S. 93
p. 1
Annex 2
U.S. Department of State, Instruction to U.S. Embassy,
23 July 1954
p. 33
Annex 3
U.S. Department of State, Proposed reviewed draft of the IranU.S.
Treaty of
Amity,
2
January
1955

p.
45
Annex 4
C. H. Sullivan, Standard draft Treaty of Friendship,
Commerce and Navigation, U.S. Department of State, 1962
(excerpts)
p. 49
Annex 5
U.S. Department of State, Memorandum of the U.S.
Department of State Legal Adviser on the Application of the
Treaty of Amity to Expropriations in Iran, 13 October 1983
p. 55
1.2 Other Treaties
Annex 6
Treaty of Friendship, Commerce and Navigation between
Denmark and the United States of America, signed on
1 October 1951 (excerpts)
p. 63
Annex 7
Treaty of Friendship, Commerce and Navigation between the
Republic of Korea and the United States of America signed on
28 November 1956 (excerpts)
p. 69
Annex 8
Treaty of Friendship and Commerce between Pakistan and the
United States of America signed on 12 November 1959
(excerpts)
p. 75
Annex 9
Treaty of Friendship, Establishment and Navigation between
the United States of America and the Kingdom of Belgium,
signed on 21 February 1961 (excerpts)
p. 81
1.3 Resolutions of the United Nations Security Council
Annex 10
United Nations Security Council, Resolution 2231 (2015),
S/RES/2231 (2015), 20 July 201
p. 87
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1.4 Other International Sources
Annex 11
IAEA, Report by the Director General, “Verification and
Monitoring in the Islamic Republic of Iran in light of United
Nations Security Council Resolution 2231 (2015)”, 16 January
2016, GOV/INF/2016/1
p. 193
Annex 12
EU, Statement by the Joint Commission of the Joint
Comprehensive Plan of Action, Statement, 6 July 2018
p. 201
Annex 13
IAEA, Report by the Director General, “Verification and
monitoring in the Islamic Republic of Iran in light of United
Nations Security Council resolution 2231 (2015)”,
12 November 2018, GOV/2018/47
p. 207
Annex 14
EU, “Chair's statement following the 25 May 2018 meeting of
the Joint Commission of the JCPOA”, Press release, 25 May
2018
p. 215
PART II – U.S. LEGISLATIVE ACTS
Annex 15
U.S. Iran Sanctions Act of 1996, Pub. L. 104-172, 110 Stat.
1541, as amended through Pub. L. 114-277, 130 Stat. 1409
p. 219
Annex 16
U.S. Comprehensive Iran Sanctions, Accountability and
Divestment Act of 2010, Pub. L. 111-195, 124 Stat. 1312, as
amended through Pub. L. 112-239, 126 Stat. 1632
p. 245
Annex 17
Section 1245 of the U.S. National Defense Authorization Act
for Fiscal Year 2012, Pub. L. No. 112-81, 125 Stat. 1647
p. 295
Annex 18
Section 212 of the U.S. Iran Threat Reduction and Syria
Human Rights Act of 2012, Pub. L. No. 112-158, 126 Stat.
1229
p. 303
Annex 19
U.S. Iran Freedom and Counter-Proliferation Act of 2012,
Sections 1241 to 1255 of the U.S. National Defense
Authorization Act for Fiscal Year 2013, Pub. L. No. 112-239,
126 Stat. 2004
p. 309
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Annex 1
Treaty of Amity, Economic Relations, and Consular Rights of 1955 between
the United States of America and Iran, 284 U.N.T.S. 93

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UNITED NATIONS (�) NATIONS UNIES
«t
·> Re
Treaty Series
Treaties and international agreements
registered
or fled and recorded
with the Secretariat of the United Nations
VOLUME 284
Recueil des Trait~s
Trait~s et accords internationau
enregistr~s
ou class~s et inscrits au r~pertoire
au Secr~tariat de l'Organisation des Nations Unies
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110
ns
United Natio
Treaty Series
1957-1958
No. 4132. TREATY OF AMITY, ECONOMIC RELATIONS,
AND CONSULAR RIGHTS BETWEEN THE UNITED
STATES OF AMERICA AND IRAN. SIGNED AT TEH
RAN, 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 which they are com
mitted, 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 treat
ment, a Treaty of Amity, Economic Relations, and Consular Rights, and have
appointed as their Plenipotentiaries :
The President of the United States of America :
Mr. Selden Chapin, Ambassador Extraordinary and Plenipotentiary of the
United States of America at Tehran; and
His Imperial 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 II
I. Nationals of either High Contracting Party shall be permitted, upon
terms no less 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 invested, or in which they are actively in the
process of investing, a substantial amount of capital.
Came into force on 16 June 1957, one month after the day of exchange of the instruments
of ratification at Tehran on 16 May 1957, in accordance with article XXIII.
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111
[TRADUCTION -TRANSLATION]
No 4132. TRAIT~ D'AMITI~, DE COMMERCE ET DE
DROITS CONSULAIRES ENTRE LES ~TATS-UNIS
D'AM~RIQUE ET L'IRAN. SIGN~ ~ TEH~RAN, LE
15 AO0T 1955
Les Etats-Unis d'Am~rique et l'Iran, anim~s du d~sir de d~velopper les
relations amicales qui unissent depuis longtemps leurs deux peuples, de r~affirmer
dans la direction des affaires humaines les principes sup~rieurs auxquels ils sont
attach~s, d'encourager les ~changes et les investissements mutuellement
profitables et l'~tablissement de relations ~conomiques plus ~troites entre leurs
peuples et de r~gler leurs relations consulaires, ont d~cid~ de conclure, sur la
base de l'~galit~ r~ciproque de traitement, un Trait~ d'amiti~, de commerce et
de droits consulaires et ont, ~ cet effet, d~sign~ pour leurs pl~nipotentiaires :
Le Pr~sident des ~tats-Unis d'Am~rique:
Monsieur Selden Chapin, Ambassadeur extraordinaire et pl~nipotentiaire
des ~tats-Unis d'Am~rique ~ T~h~ran;
Sa Majest~ imp~riale le Shah d'Iran :
Son Excellence Monsieur Mostapha Samiy, Sous-Secr~taire d'~tat aux
affaires ~trang~res;
Lesquels, apr~s s'~tre communiqu~ leurs pleins pouvoirs respectifs, trouv~s
en bonne et due forme, sont convenus des articles suivants :
Article premier
Il y aura paix stable et durable et amiti~ sinc~re entre les ~tats-Unis
d'Am~rique et I'Iran.
Article II
I. Les ressortissants de chacune des Hautes Parties contractantes seront
admis dans les territoires de lautre Haute Partie contractante et autoris~s ~
y demeurer, dans des conditions non moins favorables que celles dont b~n~ficient
les ressortissants de tout pays tiers, en vue de se livrer au commerce entre les
territoires des deux Hautes Parties contractantes ou de se consacrer
~ des activit~s
commerciales connexes, ou en vue de d~velopper et de diriger les op~rations
d'une entreprise dans laquelle ils ont investi ou sont sur le point d'investir des
capitaux importants.
Entr~ en vigueur le I6 juin 1957, conform~ment ~ l'article XXHI, un mois apr~s l'~change
des instruments de ratification qui a eu lieu ~ T~h~ran le I6 mai 1957,
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United Nations
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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 philanthropic, educational and scientific
activities; and (d) have the right to gather and transmit information for dissemina
tion to the public abroad,
and
otherwise to communicate with other persons
inside and outside such territories. 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 I 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 expel, to exclude or to limit the movement
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 Con
tracting Party. When any such national is in custody, he shall in every respect
receive reasonable and humane treatment; and, on his demand, the diplomatic
or consular representative of his country shall without unnecessary delay be
notified and accorded full opportunity to safeguard his interests. He shall be
promptly informed of the accusations against him, allowed all facilities reasonably
necessary to his defense and given a prompt and impartial disposition of his
case.
Article III
I. 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. It is understood, however,
that recognition of juridical status does not of itself confer rights upon companies
to engage in the activities for which they are organized. As used in the present
Treaty, "companies" means corporations, partnerships, companies 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 all degrees of jurisdiction,
both in defense and pursuit of their rights, to the end that prompt and impartial
justice be done. Such access shall be allowed, in any event, upon terms no
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2. Les ressortissants de chacune des Hautes Parties contractantes pourront,
dans les territoires de l'autre Haute Partie contractante,
~ titre individuel ou
par l'interm~diaire d'associations et aussi longtemps que leurs activit~s ne sont
pas contraires
~ l'ordre,
~ la s~curit~ ou
~ la moralit~ publics : a) circuler Libre
ment et r~sider en tout lieu de Ieur choix; b) jouir de la libert~ de conscience et
c~l~brer des services religieux; c) se consacrer ~ une activit~ philanthropique,
~ducative ou scientifique; d) recueillir et communiquer des informations destin~es
~ ~tre diffus~es ~ l'~tranger et communiquer de toute autre fa~on avec d'autres
personnes se trouvant ~ lint~rieur ou ~ l'ext~rieur desdits territoires. Ils seront
aussi admis
~ pratiquer toutes professions pour lesquelles ils auront satisfait
aux conditions l~gales d'acc~s.
3. L'application des dispositions des paragraphes I et 2 du pr~sent article
est subordonn~e au droit pour chacune des Hautes Parties contractantes de
prendre les mesures n~cessaires au maintien de l'ordre public et
~ la protection
de la sant~, de la moralit~ et de la s~curit~ publiques, y compris le droit d'expulser
les ~trangers, de leur interdire l'acc~s du territoire ou de limiter leurs d~place
ments aux fins susmentionn~es.
4. Les ressortissants de chacune des Hautes Parties contractantes b~n~
ficieront de la mani~re la plus constante de la protection et de la s~curit~ dans
les territoires de l'autre Haute Partie contractante. Si un ressortissant de I'une
des deux Parties est mis en ~tat d'arrestation, il devra ~tre trait~,
~ tous ~gards,
d'une mani~re ~quitable et humaine et, d~s lors qu'il en fera la demande, le
repr~sentant diplomatique ou consulaire de son pays devra ~tre avis~ sans
retard injustifi~; toute latitude sera laiss~e ~ ce repr~sentant pour sauvegarder
les int~r~ts dudit ressortissant. Celui-ci devra ~tre inform~ sans d~lai des
accusations port~es contre lui, b~n~ficier dans la mesure du raisonnable de
toutes facilit~s pour assurer sa d~fense et son affaire sera r~gl~e avec c~l~rit~
et impartialit~.
Article III
I. Le statut juridique des soci~t~s constitu~es sous le r~gime des lois et
r~glements de lune des Hautes Parties contractantes applicables en la mati~re
sera reconnu dans Ies territoires de l'autre Haute Partie contractante. II est
entendu toutefois qu'en elle-m~me la reconnaissance de ce statut juridique ne
donnera pas aux soci~t~s le droit de se livrer
~ lactivit~ en vue de laquelle
elles sont organis~es. Au sens du pr~sent Trait~, le terme
«
»
soci~t~s
doit
s'entendre des soci~t~s de capitaux ou de personnes, des compagnies et de toutes
associations, qu'elles soient ou non
~ responsabilit~ limit~e et
~ but lucratif.
2. En vue d'assurer une administration rapide et impartiale de Ia justice,
chacune des Hautes Parties contractantes accordera, dans ses territoires, aux
ressortissants et aux soci~t~s de l'autre Haute Partie contractante, libre acc~s
aux tribunaux judiciaires et aux organismes administratifs,
~ tous les degr~s
de la juridiction, tant pour faire valoir que pour d~fendre leurs droits. En toute
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less favorable than those applicable to nationals and companies of such other
High Contracting Party or of any third 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 territories of the other High Contracting Party; and, in cases of such
settlement by arbitration, neither the alienage of the arbitrators nor the foreign
situs of the arbitration proceedings shall of themselves be a bar to the enforce
ability of awards duly resulting therefrom.
Article IV
I. Each High Contracting Party shall at all times accord fair and equitable
treatment to nationals and companies of the other High Contracting Party, and
to their property and enterprises; shall 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 conformity 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
less than that required by international law. 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 equivalent of the property taken; and adequate
provision shall have been made at or prior to the time of taking for the deter
mination and payment thereof.
3. The dwe1lings, offices, warehouses, factories and other premises 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
premises and their contents, shall be made only according to law and with
careful regard for the convenience of the occupants and the conduct of business.
4. Enterprises which nationals and companies of either High Contracting
Party are permitted to establish or acquire, within the territories of the other
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circonstance, elle leur assurera cet acc~s dans des conditions non moins favorables
que celles qui sont applicables ~ ses propres ressortissants et soci~t~s ou ~ ceux
de tout pays tiers. Il est entendu que la m~me latitude sera donn~e aux soci~t~s
n'exer~ant aucune activit~ dans le pays, sans qu'elles aient ~ se faire immatriculer
ou
~ accomplir des formalit~s ayant pour objet de les assimiler aux soci~t~s
nationales.
3. Rien ne sera fait pour dCcourager clans les territoires de
lune
des Hautes
Parties contractantes le r~glement priv~ des litiges de caract~re civil auxquels
seront parties des ressortissants ou des soci~t~s de l'autre Haute Partie contrac
tante; dans le cas de r~glement du litige par voie d'arbitrage, ni la nationalit~
~trang~re des arbitres ni le fait que la proc~dure d'arbitrage se d~roule ~ l'~tranger
ne seront en soi un emp~chement
~ l'ex~cution d'une sentence arbitrale r~guli~re.
Article IV
l. Chacune des Hautes Parties contractantes accordera en tout temps un
traitement juste et ~quitable aux ressortissants et aux soci~t~s de l'autre Haute
Partie contractante, ainsi qu'~ leurs biens et a leurs entreprises; elle ne prend.ra
aucune mesure arbitraire ou discriminatoire pouvant porter atteinte ~ leurs
droits ou ~ leurs int~r~ts l~galement acquis et, en conformit~ des lois applicables
en la mati~re, elle assurera des voies d'ex~cution efficaces ~ leurs droits con
tractuels l~gitimement n~s.
2. La protection et la s~curit~ des biens appartenant aux ressortissants et
aux soci~t~s de lune des Hautes Parties contractantes, y compris les parti
cipations dans des biens, seront assur~es de la mani~re la plus constante dans
les territoires de l'autre Haute Partie contractante, et ne seront inf~rieures en
aucun cas aux normes fix~es par le droit international. Lesdits biens ne pourront
~tre expropri~s que pour cause d'utilit~ publique et moyennant le paiement
rapide d'une juste indemnit~. Cette indemnit~ devra ~tre fournie sous une
forme ais~ment convertible en esp~ces et correspondre
~ la valeur int~grale des
biens expropri~s. Des dispositions ad~quates devront ~tre prises, au moment
de la d~possession ou avant cette date, en vue de la fixation et du r~glement
de lindemnit~.
3. Les habitations, bureaux, entrepots, usines et autres locaux utilis~s par
des ressortissants ou des soci~t~s de lune des Hautes Parties contractantes et
situ~s dans les territoires de l'autre Haute Partie contractante seront a l'abri
de toute violation ou trouble de jouissance sans motif valable. Lesdits locaux
et leur contenu ne pourront faire l'objet, le cas ~ch~ant, de perquisitions et
d'inspections officielles que dans les conditions pr~vues par la loi, compte
dment tenu de la convenance des occupants et avec le souci de ne pas gener
la marche normale des affaires.
4.
Les entreprises que les ressortissants ou les soci~t~s de l'une des Hautes
Parties contractantes sont autoris~s
~ cr~er ou
~ acqu~rir d
ans les territoires de
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High Contracting Party, shall be permitted freely to conduct their
activities
therein, upon terms 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 enterprises; to
engage attorneys, agents, accountants and other technical experts, executive
personnel, interpreters and other specialized employees of their choice; and to
do all other things necessary or incidental to the effective conduct of their
affairs.
Article V
I. Nationals and companies of either High Contracting Party shall be
permitted, within the territories of the other High Contracting Party : (a) to
lease, 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 personal property of all kinds; and (c) to dispose of property
of all kinds by sale, testament or otherwise. The treatment accorded in these
respects shall in no event be less favorable 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 exclusive 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 burdensome 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 personal
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l'autre Haute Partie contractante pourront y exercer leur activit~ dans des
conditions non moins favorables que Jes autres entreprises, de n'importe quelle
nationalit~, qui se livrent
~ une activit~ du m~me genre. Les ressortissants ou
soci~t~s qui auront cr~~ lesdites entreprises auront le droit d'en conserver le
contr~le ou la gcstion; ils pourront engager des hommes de Joi, des agents,
des comptables et d'autres techniciens, du personnel de direction, des interpr~tes
et d'autres sp~cialistes de leur choix; et d'une mani~re g~n~rale, ils pourront
faire tout ce qui est n~cessaire ou utile
~ la bonne marche de leurs affaires.
Article V
I. Les ressortissants et les soci~t~s de l'une des Hautes Parties contractantes
pourront, dans les territoircs de l'autre Haute Partie contractante : a) prendre
~ bail, pour des dur~es appropri~es, les biens immeubles dont ils ont besoin ~
des fins de r~sidence ou qui sont n~cessaires ~ la bonne marche des activit~s
pr~vues par le pr~sent Trait~; b) acqu~rir, par voie d'achat ou par tout autre
moyen, des biens mobiliers de toute nature et c) ali~ner des biens de toute
nature par voie de vente, de testament ou par tout autre moyen. Le traitement
dont ils b~n~ficient en ces mati~res ne sera, en aucun cas, moins favorable que
celui qui est accord~ aux ressortissants et aux soci~t~s de tout pays tiers.
2. Les ressortissants et les soci~t~s de l'une des Hautes Parties contractantes
b~n~ficieront, dans les territoires de l'autre Haute Partie contractante, d'une
protection efficace en ce qui concerne l'usage exclusif de brevets d'invention,
de marques de fabrique et de noms commcrciaux, A condition de se conformer
aux lois et r~glements applicables
~ l'enregistrement et aux autres formalit~s.
Article VI
I. Les ressortissants et les soci~t~s de l'une des Hautes Parties contractantes
ne seront, dans les territoires de l'autre Haute Partie contractante, ni astreints
au paiement d'impOts, de taxes ou de droits, ni assujettis ~ des obligations
relatives ~ leur application ou ~ leur recouvrement, qui seraient plus on~reux
que les charges et obligations impos~es aux ressortissants, r~sidents et soci~t~s
d'un pays tiers. Dans le cas de ressortissants de l'une des Hautes Parties contrac
tantes qui r~sident dans les territoires de l'autre Haute Partie contractante et
dans le cas de ressortissants ou de soci~t~s de l'une des Hautes Parties contrac
tantes qui se livrent, dans lesdits territoires, au commerce ou
~ toute autre
activit~
~ but lucratif ou non lucratif, lesdites charges et obligations ne seront
pas plus on~reuses que celles qui sont impos~es aux ressortissants et aux soci~t~s
de cette autre Haute Partie contractante.
2. Chacune des Hautes Parties contractantes se r~serve toutefois le droit:
a) d'octroyer des avantages fiscaux d~termin~s, soit sur la base de la r~ciprocit~,
soit en vertu d'accords visant
~ ~viter la double imposition ou
~ assurer la protec
tion mutuelle des recettes fiscales; et b) d'imposer des conditions particuli~res,
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nature allowed to non-residents in connection 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.
Article Vll
I. Neither High Contracting Party 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 foreign 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. If
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, interest, dividends, 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 exchange transfers, is just and reasonable.
3. Either High Contracting Party applying exchange restrictions shall in
general administer them in a manner 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 opportunity for consultation at any time regarding
the application of the present Article.
Article VIII
I. Each High Contracting Party shall accord to products of the other
High Contracting Party, from whatever place and by whatever type of carrier
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en ce qui concerne les exon~rations, ~ titre personnel, accord~es en mati~re
d'imp~t sur le revenu et sur les successions, aux personnes qui n'ont pas leur
r~sidence dans ses territoires.
3. Les soci~t~s de l'une des Hautes Parties contractantes ne seront pas
soumises, dans les territoires de l'autre Haute Partie contractante,
~ des imp~ts
sur les revenus, les op~rations ou les capitaux, lorsque lesdits revenus, op~rations
ou capitaux n'interviennent pas dans le fonctionnement et les investissements
desdites soci~t~s dans ces territoires.
Article VII
I. Aucune des Hautes Parties contractantes n'imposera de
restrictions
mati~re de paiements, remises et transferts de fonds
~ destination ou en pro
venance des territoires de l'autre Haute Partie contractante sauf: a) dans la
mesure n~cessaire afin que les ressources en devises ~trang~res soient suffisantes
pour r~gler le prix des marchandises et des services indispensables
~ la sant~ et
au bien-~tre de sa population; et b) dans le cas d'un membre du Fonds mon~taire
international, s'il s'agit de restrictions express~ment approuv~es par le Fonds.
en
2. Si l'une ou l'autre des Hautes Parties contractantes impose des restrictions
en mati~re de change, elle devra r~server sans d~lai des sommes suffisantes pour
faire face aux retraits normalement pr~visibles, dans la monnaie de l'autre Haute
Partie contractante : a) des indemnit~s dont il est question au paragraphe 2 de
l'article
IV
du pr~sent Trait~; b) des gains, qu'ils prennent la forme de traite
ments, d'int~r~ts, de dividendes, de commissions, de redevances, de r~tributions
de services ou toute autre forme; et c) des sommes aff~rentes
~ l'amortissement
d'emprunts,
~ la d~pr~ciation d'investissements directs et au transfert de capitaux,
compte tenu des besoins particuliers en vue d'autres op~rations. Si plus d'un
taux de change est en vigueur, le taux applicable
~ ces retraits sera celui qui
aura ~t~ express~ment approuv~ par le Fonds mon~taire international pour les
op~rations de cette nature ou,
~ d~faut d'un taux ainsi approuv~, un taux effectif
qui, compte tenu de toute taxe ou surtaxe impos~e sur les transferts de devises,
sera juste et raisonnable.
3.
En r~gle g~n~rale, la Haute Partie contractante qui imposera des restric
tions en mati~re de change devra les appliquer de mani~re ~ ne pas porter
pr~judice au commerce, aux transports et aux investissements de l'autre Haute
Partie contractante sur le march~ par rapport au commerce, aux transports ou
aux investissements d'un pays tiers; elle devra donner
~ l'autre Haute Partie
contractante la possibilit~ de discuter avec elle,
~ tout moment, l'application
des dispositions du pr~sent article.
Article VIII
I.
Chacune des Hautes Parties contractantes accordera aux produits de
l'autre Haute Partie contractante, quelle qu'en soit la provenance et ind~pen
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arriving, 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) internal 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 Contracting
Party, unless the importation of the like product of, or the exportation of the
like 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) It 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
trade 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 develop
ment 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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damment du mode de transport utilis~, ainsi qu'aux produits destin~s
~ l'expor
tation vers les territoires de cette autre Haute Partie contractante, quels que
soient l'itin~raire et le mode de transport utilis~s, un traitement non moins
favorable que celui qui est accord~ aux produits similaires provenant de tout
pays tiers ou destin~s
~ l'exportation vers tout pays tiers, pour toutes les questions
qui ont trait: a) aux droits de douane et autres taxes ainsi qu'aux r~gles et
formalit~s applicables en mati~re d'importation et d'exportation; et b)
~ la
fiscalit~, la vente, la distribution, l'entreposage et l'utilisation desdits produits
sur le plan national. La meme r~gle s'appliquera au transfert international des
sommes vers~es en paiement des importations ou des exportations.
2. Aucune des Hautes Parties contractantes ne restreindra ou n'interdira
l'importation d'un produit de l'autre Haute Partie contractante ou l'exportation
d'un produit destin~ aux territoires de l'autre Haute artie contractante, ~ moins
que l'importation d'un produit similaire provenant de tout pays tiers, ou l'expor
tation d'un produit similaire ~ destination de taus les pays tiers ne soient, de
la m~me mani~re, interdites ou restreintes.
3. Si l'une des Hautes Parties contractantes impose des restrictions quanti
tatives ~ l'importation ou ~ l'exportation d'un produit qui pr~sente un int~ret
important pour l'autre Haute Partie contractante:
a) Elle devra, en r~gle g~n~rale, faire conna~tre publiquement
~ l'avance le
contingent de ce produit, en quantit~ ou en valeur, dont l'importation ou
l'exportation sera autoris~e pendant une p~riode d~termin~e, ainsi que toute
modification de ce contingent ou de cette p~riode;
b) Elle devra, si elle attribue des contingents
~ un pays tiers, r~server
~ l'autre
Haute Partie contractante une quote-part proportionnelle au contingent de
ce produit, en quantit~ ou en valeur, fourni par cette Haute Partie contractante
ou
~ cette Haute Partie contractante pendant une p~riode representative,
compte d~ment tenu de facteurs sp~ciaux qui peuvent influer sur le commerce
du produit en question.
4. Chacune des Hautes Parties contractantes pourra imposer des inter
dictions au des restrictions pour des motifs d'ordre sanitaire ou pour d'autres
raisons de caract~re non commercial g~n~ralement admises, ou en vue d'emp~cher
des pratiques dolosives ou d~loyales,
~ condition que ces interdictions ou restric
tions ne constituent pas des mesures discriminatoires arbitraires envers le
commerce de l'autre Haute Partie contractante.
5. Chacune des Hautes Parties contractantes pourra prendre les mesures
n~cessaires pour assurer l'utilisation des devises inconvertibles accumul~es ou
pour faire face
~ une p~nurie de devises ~trang~res. Toutefois, lesdites mesures
ne pourront d~roger que dans les limites requises
~ une politique g~n~rale
visant
~ favoriser le d~veloppement maximum des ~changes multilat~raux sur
la base de la non-discrimination et ~ cr~er le plus rapidement possible une
situation telle, en ce qui concerne la balance des paiements, qu'il ne soit plus
n~cessaire de recourir ~ de telles mesures.
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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 become a member. Each High Contracting
Party, moreover, reserves rights and obligations
it
may have under the General
Agreement on Tariffs and Trade,' and special advantages
it
may accord pursuant
thereto.
Article IX
1.
In 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) provide an appeals procedure by which prompt
and impartial review of administrative 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 treatment no less favorable than that accorded nationals and companies
of the other High Contracting Party, or of any third country, with respect to
all matters relating 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
1. Between the territories of the two High Contracting Parties there shall
be freedom of commerce and navigation.
2. Vessels under the flag of either High Contracting Party, and carrying
the papers required by its law in proof 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.
See footnote 2, p. 76 of this volume.
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6. Chacune des Hautes Parties contractantes se r~serve le droit d'accorder
des avantages particuliers : a) aux produits de ses p~cheries nationales; b) aux
pays voisins en vue de faciliter le trafic frontalier, ou c) en vertu d'une union
douani~re ou d'une zone de libre-~change dont l'une des Hautes Parties contrac
tantes serait devenue membre apr~s avoir consult~ l'autre Haute Partie contrac
tante. En outre, chacune des Hautes Parties contractantes se r~serve le droit
d'exercer les pr~rogatives et de remplir les obligations qui pourraient lui ~tre
conf~r~es par l'Accord g~n~ral sur les tarifs douaniers et le commerce' et de
consentir des avantages particuliers en application dudit Accord.
Article IX
[. Dans le cadre de l'application de ses r~glements douaniers et de ses
proc~dures douani~res, chacune des Hautes Parties contractantes: a) publiera
rapidement toutes les dispositions d'application g~n~rale concernant les impor
tations ou les exportations; b) appliquera lesdites dispositions d'une mani~re
uniforme, impartiale et raisonnable; c) s'abstiendra, en r~gle g~n~rale, de mettre
en vigueur des dispositions nouvelles ou .plus rigoureuses avant de les avoir
fait conna~tre publiquement
~ l'avance d) ~tablira une proc~dure d'appel
permettant d'obtenir la revision rapide et impartiale des mesures administratives
ayant trait
~ des questions douani~res; et e) n'infligera pas de sanctions
sup~rieures
~ des amendes purement nominales lorsque l'infraction r~sulte
d'une erreur mat~rielle ou d'une faute commise de bonne foi.
2. Les ressortissants et les soci~t~s de l'une des Hautes Parties contractantes
b~n~ficieront, pour toutes les questions qui ont trait aux importations et aux
exportations, d'un traitement non moins favorable que celui qui est accord~
aux ressortissants et aux soci~t~s de l'autre Haute Partie contractante ou de tout
pays tiers.
3. Aucune des Hautes Parties contractantes n'imposera de mesures de
caract~re discriminatoire ayant pour effet d'empecher, directement ou indirecte
ment, les importateurs ou les exportateurs de produits originaires de l'un ou
l'autre pays, d'assurer lesdits produits contre les risques maritimes aupr~s de
compagnies de l'une ou l'autre des Hautes Parties contractantes.
Article X
I. II y aura libert~ de commerce et de navigation entre les territoires des
deux Hautes Parties contractantes.
2. Les navires battant pavillon de I'une des Hautes Parties contractantes
et munis des documents que leur ICgislation exige comme preuve de leur
nationalit~, seront consid~r~s comme ~tant des navires de cette Haute Partie
contractante, en haute mer aussi bien que dans les ports, Jes mouillages et les
eaux de l'autre Haute Partie contractante.
Voir note 2, p. 77 de ce volume,
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3. Vessels of either High Contracting Party shall have liberty, on equal
with
terms
vessels of the other High Contracting Party and on equal terms with
vessels of any third country, to come with their cargoes to all 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 navigation 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 all products that may be carried by vessel
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 Party, with respect to: (a)
duties and charges of all kinds, (b) the administration of the customs, and (c)
bounties, drawbacks and other privileges of this nature.
S.
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 Con
tracting Party, and shall receive friendly treatment and assistance.
6. The term " vessels ", as used herein, means all 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
I.
Each High Contracting 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 sale; and (b) that the nationals, companies and
commerce of such other High Contracting Party shall be afforded adequate
opportunity, in accordance with customary business practice, to compete for
participation in such purchases and sales.
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3. Les navires de l'une des deux Hautes Parties contractantes pourront
librement, dans les m~mes conditions que les navires de l'autre Haute Partie
contractante et les navires de tout pays tiers, se rendre avec leur cargaison clans
tous les ports, mouillages et eaux de cette autre Haute Partie contractante, qui
sont ouverts au commerce international et A la navigation internationale. Lesdits
navires, ainsi que leur cargaison b~n~ficieront ~ tous ~gards, dans les ports, les
mouillages et les eaux de cette autre Haute Partie contractante, du traitement
national et du traitement de la nation la plus favoris~e; mais chacune des Hautes
Parties contractantes pourra r~server
~ ses propres navires des droits et des
privil~ges exclusifs en ce qui concerne le cabotage, la navigation fluviale et les
p~cheries nationales.
4. Chacune des Hautes Parties contractantes accordera aux navires de
l'autre Haute Partie contractante le traitement national et le traitement de la
nation la plus favoris~e
en ce
qui concerne le droit de transporter,
a destination
en
ou
provenance de ses territoires, tous les produits qui peuvent ~tre achemin~s
par bateau; lesdits produits b~n~ficieront d'un traitement non moins favorable
que celui qui est accord~ aux produits similaires transport~s ~ bord de navires
de la premi~re Haute Partie contractante en ce qui concerne : a) les droits et
taxes de toutes natures, b) les formalit~s douani~res; et c) les primes, drawbacks
et autres avantages de m~me ordre.
5.
en
Les navires
d~tresse de l'une des Hautes Parties contractantes pourront
chercher refuge dans le port ou havre le plus proche de l'autre Haute Partie
contractante; ils y b~n~ficieront d'un traitement amical et recevront assistance.
6. Au sens du pr~sent Trait~, le terme
«
»
navires
doit s'entendre des
de
navires
tous genres, qu'ils soient propri~t~ priv~e ou publique ou que leur
exploitation soit priv~e ou publique; ce terme ne vise cependant pas, sauf en
ce qui concerne l'application des paragraphes 2 et
5
du pr~sent article, les
bateaux de p~che ou les b~timents de guerre.
Article XI
1. Chacune des Hautes Parties contractantes garantit : a) que les entre
prises appartenant ~ l'tat ou control~es par lui, ainsi que les monopoles ou
organismes auxquels des privileges exclusifs ou particuliers ont ~t~ conc~d~s
dans ses territoires, ne prendront en consid~ration, lorsqu'ils effectueront des
achats ou des ventes donnant lieu ~ des importations ou ~ des exportations
int~ressant
le
commerce de l'autre Haute Partie contractante, que des facteurs
commerciaux, tels que le prix, la qualit~, la situation de l'offre, les possibilit~s
d'~coulement, le transport et d'autres conditions d'achat ou de vente; et b) que
les ressortissants et les soci~t~s de cette autre Haute Partie contractante, ainsi
que son commerce, auront des possibilit~s ad~quates, conform~ment aux
pratiques commerciales ordinaires, pour faire, sur la base de la concurrence,
des offres d'achat ou de vente,
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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, with respect to: (a) the governmental purchase of supplies,
(b) the awarding of government contracts, and (c) the sale of any service sold
by the Government or by any monopoly or agency granted exclusive or special
privileges.
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 engage
in competition, within the territories thereof, with privately owned and controlled
enterprises of nationals and companies 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 economic nature accorded such
public enterprises, whether in the nature of subsidies, tax exemptions or other
wise. The foregoing rule shall not apply, however, to special advantages given
in connection with : (a) manufacturing 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 Contracting
Party, claim or enjoy, either for itself or for its property, immunity therein
from taxation, suit, execution of judgment or other liability to which 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 representatives, 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
L Consular representatives of each High Contracting Party shall be
permitted to reside in the territory of the other High Contracting Party at the
places where consular officers of any third country are permitted to reside and
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2. Chacune des Hautes Parties contractantes accordera aux ressortissants
et aux soci~t~s de l'autre Haute Partie contractante, ainsi qu'~ son commerce,
un traitement juste
et
~quitable par rapport au traitement qui est accord~ aux
ressortissants, aux soci~t~s et au commerce de tout pays tiers en ce qui concerne ;
a) l'achat de fournitures pour l'tat; b) la passation de march~s publics; et c)
la vente de tout service assur~ par I'Etat ou par un monopole ou un organisme
dot~ de privil~ges exclusifs ou particuliers.
3. Les Hautes Parties contractantes reconnaissent qu'il faut dans les
territoires de chacune d'elles maintenir des conditions ~gales de concurrence
entre les entreprises commerciales ou les manufactures d'Etat qui sont poss~d~es
ou exploit~es par l'une d'elles et
les entreprises poss~d~es ou exploit~es par des
ressortissants ou des soci~t~s de l'autre Haute Partie contractante qui leur font
concurrence. En cons~quence, ces entreprises priv~es auront droit ~ tout avantage
particulier de nature ~conomique qui serait accord~ auxdites entreprises d'Etat,
que ces avantages aient le caract~re de subventions ou d'exemptions fiscales ou
qu'ils prennent toute autre forme. Toutefois, la r~gle pr~c~dente ne s'applique
pas aux avantages particuliers accord~s en ce qui concerne : a) la fabrication
d'articles destin~s ~ ~tre utilis~s par I'~tat; ou b) la fourniture ~ des prix notable
ment inf~rieurs aux prix de march~, d'articles et de services destin~s
~ satisfaire
les besoins de certains ~l~ments de la population, lorsqu'il s'agit de biens et de
services essentiels que ces ~l~ments ne pourraient pas obtenir pratiquement par
d'autres moyens.
4. Aucune entreprise de l'une ou l 'autre des Hautes Parties contractantes,
qu'il s'agisse de soci~t~s, d'associations, d'administrations
et
d'agences publiques
qui est propri~t~ publique ou sous controle public,
ne
pourra, si elle exerce
dans les territoires de l'autre Haute Partie contractante une activit~ commerciale
ou industrielle de quelque nature que ce soit, y compris le transport des marchan
dises, b~n~ficier ni pr~tendre b~n~ficier, dans lesdits territoires, pour elle-m~me
ou pour ses biens, d'une exemption en mati~re d'imp~ts, de poursuites judiciaires,
d'ex~cution des jugements ou d'obligations d'un autre ordre applicables aux
entreprises qui sont propri~t~ priv~e ou sous controle priv~.
Article XII
Chacune des Hautes Parties contractantes aura le droit d'envoyer aupr~s
de l'autre Haute Partie contractante des repr~sentants consulaires qui, apr~s
avoir pr~sent~ leurs lettres
de
provision et avoir fait connaitre leur qualit~,
devront ~tre gratuitement munis d'exequaturs ou de toute autre autorisation
qui serait n~cessaire.
Article XIII
I. Les repr~sentants consulaires de chacune des Hautes Parties contrac
tantes pourront rCsider dans le territoire de l'autre Haute Partie contractante
en tout lieu o~ les fonctionnaires consulaires de tout pays tiers sont autoris~s
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at other places by consent of the other High Contracting Party. Consular
officers and 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 functions which are in accordance with
such usage; in any event they shall be treated, subject
to
reciprocity, in a manner
no less 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
if
of fire or other disaster, or
the local authorities have probable cause to believe
that a crime of violence has 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
L All furniture, equipment and supplies consigned to or withdrawn from
customs custody for a consular or diplomatic office of either High Contracting
Party for officiaJ use shall be exempt within the territories of the other High
Contracting Party from all customs duties and internal revenue or other taxes
imposed upon or by reason of importation.
2.
Te baggage, effects and other articles imported exclusively for the
personal use of consular officers and diplomatic and consular employees and
members of their families residing with them, who are nationals of the sending
state and are not engaged in any private occupation for gain in the territories
of the receiving state, shall be exempt from all customs duties and internal
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 arrival and on subsequent arrivals, and to that
consigned to such officers and employees during the period in which they
continue in status.
3. It is understood, however, that: (a) paragraph 2 of the present Article
shall apply as to consular officers and diplomatic and consular employees only
when their names have been communicated 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 may, 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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~ r~sider ainsi qu'en tout autre lieu qui aura l'agr~ment de lautre Haute Partie
contractante. Les fonctionnaires et employ~s consulaires jouiront des privileges
et immunit~s qui sont accord~s aux fonctionnaires et employ~s de m~me rang
ou de m~me statut conform~ment
~ la pratique g~n~rale internationale et seront
autoris~s
~ exercer toutes les fonctions admises par ladite pratique; ils b~n~
ficieront, en toute circonstance, sur la base de la r~ciprocit~, d'un traitement
non moins favorable que celui qui est appliqu~ aux fonctionnaires et employ~s
de m~me cat~gorie de tout pays tiers.
2. La police ou les autres autorit~s locales ne pourront p~n~trer dans les
bureaux consulaires qu'avec la permission du fonctionnaire consulaire; toute
fois, ce dernier sera pr~sum~ avoir donn~ ladite permission en cas d'incendie
ou d'autres sinistres, ou lorsque les autorit~s locales auront des raisons s~rieuses
de croire qu'un d~lit avec violence a ~t~ ou est sur le point d'~tre commis dans
les bureaux consulaires. Lesdites autorit~s ne pourront en aucun cas examiner
ou saisir les documents qui s'y trouvent d~pos~s.
Article XIV
I. Le mobilier, le mat~riel et les fournitures destin~s aux besoins officiels
d'un bureau consulaire ou d'une mission diplomatique de l'une des Hautes
Parties contractantes seront exon~r~s, dans les territoires de l'autre Haute Partie
contractante, qu'ils se trouvent dans les entrepots douaniers ou qu'ils en soient
d~j~ sortis, de tout droit de douane et de tous impots ou taxes int~rieurs per~us
en raison ou ~ l'occasion de l'importation.
2. Les bagages, les effets et tous autres articles import~s exclusivement
pour l'usage personnel des fonctionnaires consulaires et des employ~s diploma
tiques ou consulaires et des membres de leurs familles qui r~sident avec eux,
qui sont ressortissants de I'~tat d'origine et qui ne se livrent ~ aucune activit~
lucrative dans le territoire de l'~tat d'admission, seront exempts de tous droits
de douane et de tous imp~ts ou taxes int~rieurs per~us en raison ou ~ l'occasion
de l'importation. Lesdites exemptions seront accord~es aussi bien dans le cas
o~ les biens accompagnent l'int~ress~ lors de sa premi~re entr~e dans le pays
ou de toute entr~e subs~quente, que dans le cas o~ les biens seront exp~di~s
auxdits fonctionnaires ou employ~s au cours de la p~riode pendant laquelle ils
demeureront affect~s
~ leurs postes.
3. II est entendu toutefois : a) que les dispositions du paragraphe 2 du
pr~sent article ne s'appliqueront aux fonctionnaires consulaires et aux employ~s
diplomatiques ou consulaires que quand leurs noms auront ~t~ communiqu~s
aux autorit~s comp~tentes de ]'~tat d'admission et que leur qualit~ officielle
aura ~t~ dment reconnue; b) que, dans le cas d'articles exp~di~s, chacune des
Hautes Parties contractantes pourra subordonner l'octroi de l'exemption ~ une
notification de l'exp~dition qui devra ~tre donn~e sous la forme qu'elle prescrira;
c) qu'aucune des pr~sentes dispositions n'autorise I'entr~e dans le territoire
d'articles dont I'importation est express~ment interdite par la loi.
Ne· 4132
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130
United Nations -Treaty Series
1957-1958
Article XV
I. The Government of either High Contracting Party may, in the territory
of the other, acquire, own, lease for any period of time, or otherwise 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 owner and which are used exclusively for governmental purposes by
that owner, shall be exempt from taxation of every kind, nationa1, state, provincial
and municipal, other than assessments levied for services or local public improve
ments by which the premises are benefited.
Article XVI
I. No tax or other similar charge of any kind, whether of a national,
state, provincial, or municipal nature, shall be levied or collected 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 sending state as
compensation for his consular services, or (b) by a consular employee thereof
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 all taxes or other similar charges, the legal incidence
of which would otherwise fa11 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 (except the compensation mentioned in the
preceding paragraph); or (c) the passing of property at death.
3. The provisions of the present Article shall have like application to
diplomatic officers and employees, who shall in addition be accorded all exemp
tions allowed them under general international usage.
Article XVII
The exemptions provided for in Articles
XIV
XVI
and
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
residence in the receiving state,
No. 4132
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1957-1958
Nations Unies -- Recueil des Traits
131
Article XV
I. Les pouvoirs publics de l'une des Hautes Parties contractantes pourront
dans le territoire de l'autre acqu~rir, poss~der, louer pour une dur~e quelconque
ou d~tenir et occuper
~ toute autre titre les terrains, b~timents et d~pendances
qui pourront leur ~tre n~cessaires ou utiles ~ toute fin officielle autre que militaire.
Si le droit local subordonne l'acquisition ou la possession susvis~e
~ l'autorisation
pr~alable des autorit~s locales, cette autorisation devra ~tre accord~e sur demande.
2. Les terrains et b~timents situ~s sur le territoire de lune des Hautes
Parties contractantes et appartenant en droit ou en ~quit~
~ l'autre Haute Partie
contractante et utilis~s exclusivement
~ des fins officielles seront exempts de
tous imp~ts nationaux, d'~tat, provinciaux et municipaux
~ l'exception des taxes
per~ues pour des prestations de service ou
~ l'occasion de travaux publics
locaux dont b~n~ficient les biens dont il s'agit.
Article XVI
1.
Aucun impOt ou contribution similaire d'aucune sorte, qu'il soit national,
d'~tat, provincial ou municipal ne sera lev~ ou per~u dans les territoires de
l'~tat d'admission, sur les ~moluments, traitements, salaires ou indemnit~s
touch~s: a) par un fonctionnaire consulaire de l'tat d'origine en r~tribution
de ses services consulaires ou b) par un employ~ de consulat en r~tribution de
ses services dans un consulat dudit Etat. De m~me, les fonctionnaires consulaires
et les employ~s de consulat qui sont fonctionnaires publics de l'~tat d'origine
et qui n'exercent pas une activit~ priv~e de caract~re lucratif dans les territoires
de !'Etat d'admission, seront exon~r~s de tous impots ou contributions similaires
dont le paiement, en l'absence de l'exemption pr~vue par le pr~sent article,
incomberait l~galement auxdits fonctionnaires consulaires ouemploy~sdeconsulat.
2. Les dispositions du paragraphe pr~c~dent ne s'appliqueront pas aux
imp~ts et contributions similaires per~us: a) du fait de la propri~t~ ou de
l'occupation de biens immeubles situ~s dans les territoires de ]'Etat d'admission;
b) sur les revenus provenant de sources dans lesdits territoires (~ l'exception
de la r~tribution mentionn~e au paragraphe pr~c~dent); ou c) ~ l'occasion d'une
mutation de propri~t~ pour cause de d~c~s.
3. Les dispositions du pr~sent article s'appliqueront dans les m~mes
conditions aux fonctionnaires et employ~s diplomatiques qui b~n~ficieront en
outre de toutes les exemptions qui leur sont accord~es en vertu de la pratique
g~n~rale internationale.
Article XVII
Les exemptions pr~vues aux articles XIV et XVI ne s'appliqueront pas
aux ressortissants du pays d'origine qui sont en m~me temps ressortissants du
pays d'admission, ni
~ toute autre personne qui est ressortissant du pays
d'admission ni aux personnes ayant le statut d'immigrants qui ont ~t~ l~galement
re~ues dans le pays d'admission pour y r~sider de fa~on permanente.
Ne 4132
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132
United Nations -Treaty Series
1957-1958
Article XVIII
Consular officers 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.
Article 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 entitled. A national of the sending state
shall have the right at all 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
I. The present Treaty shall not 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 arms, ammunition and implements
of war, or traffic in other materials carried on directly or indirectly for the
purpose of supplying a military establishment; and
(d) necessary to fulfill the obligations of a High Contracting Party for the
maintenance or restoration of international peace and security, or necessary
to protect its essential security interests.
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 Pacific Islands or to the Panama Canal Zone.
4. The provisions of Article II, Paragraph I, shall be construed as extending
to nationals of either High Contracting Party seeking to enter the territories of
No. 4132
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1957-1958
Nations Unies -- Recueil des Trait~s
133
Article XVIII
Les fonctionnaires consulaires et employ~s de consulat ne sont pas soumis
~ la juridiction locale pour les actes qu'ils ont accomplis en qualit~ et dans la
limite de leur comp~tence. Aucun fonctionnaire consulaire ou employ~ de
consulat ne sera requis de pr~senter ses dossiers officiels devant les tribunaux
ou de faire une d~claration au sujet de leur contenu.
Article XIX
Un fonctionnaire consulaire aura le droit dans le ressort qui lui est imparti:
a) de conf~rer et communiquer avec tout ressortissant du pays d'origine, de
l'assister et de le conseiller; b) d'enqueter sur les incidents qui pourraient
porter atteinte aux int~r~ts dudit ressortissant; c) d'assister ledit ressortissant
dans toute action intent~e devant les autorit~s du pays d'admission ou dans ses
rapports avec lesdites autorit~s et, en cas de besoin, de prendre toutes dispositions
pour lui procurer l'assistance judiciaire
~ laquelle
ii
a droit. Tout ressortissant
du pays d'origine aura le droit de communiquer
~ tout moment avec un fonction
naire consulaire de son pays et, sauf s'il se trouve l~galement en ~tat de d~tention,
d'aller le voir au consulat.
Article XX
I. Le pr~sent Trait~ ne fera pas obstacle
~ l'application de mesures :
a) R~glementant l'importation ou I'exportation de l'or ou de l'argent;
b) Concernant les substances fissiles, les sous-produits radioactifs desdites
substances et les mati~res qui sont la source de substances fissiles;
c) RCglementant la production ou le commerce des armes, des munitions et du
mat~riel de guerre, ou le commerce d'autres produits lorsqu'il a pour but
direct ou indirect d'approvisionner des unit~s militaires;
d) Ou n~cessaires
~ l'ex~cution des obligations de lune ou l'autre des Hautes
Parties contractantes relatives au maintien ou au r~tablissement de la paix
et de la s~curit~ internationales ou
~ la protection des int~r~ts vitaux de cette
Haute Partie contractante sur le plan de la s~curit~.
2. Le pr~sent Trait~ n'accorde aucun droit en vue de l'exercice d'une
activit~ politique.
3. Les dispositions du pr~sent Trait~ ne s'appliqueront pas aux avantages
que s'accordent mutuellement les Etats-Unis d'Am~rique, leurs territoires et
leurs possessions, ind~pendamment de toute modification qui pourrait ~tre
apport~e ~ leur statut politique, ou qui sont accord~s par eux ~ la R~publique
de Cuba, ~ la R~publique des Philippines, au Territoire sous tutelle des Iles
du Pacifique ou ~ la zone du canal de Panama.
4. Les dispositions du paragraphe I de l'article II s'appliqueront au
ressortissant de lune ou lautre des Hautes Parties contractantes cherchant ~
N· 4132
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134
United Nations -- Treaty Series
1957-1958
the other High Contracting Party solely for the purpose of developing and
directing the operations of an enterprise in the territories of such other High
Contracting Party in which their employer has invested or is actively in the
process of investing a substantia1 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 XXI
I. 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 may make With respect
to any matter affecting the operation of the present Treaty.
2. Any dispute between the High Contracting Parties as to the inter
pretation 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 pacific means.
Article XXII
I. 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 Tehran May 14, 1928,1 and
(b) the provisional agreement relating to personal status and family law,
concluded
at
Tehran July 11,
1928.°
2. Nothing in the present Treaty shall be construed to supersede any
provision of the trade agreement and the supplementary exchange of notes
between the United States of America and Iran, concluded at Washington
April 8, 1943.°
Article XXIII
1.
The present Treaty shall be ratified, and the ratifications thereof shall
be exchanged at Tehran as soon as possible.
2. The present Treaty shall enter into force one month after the day of
exchange of ratifications. It
shall remain in force for ten years and shall continue
in force thereafter until terminated as provided herein.
De Martens, Nouveau Recueil gdn~ral de Trait~s, troisi~me s~rie, tome XXX, p. 885.
+
De Martens, Nouveau Recueil g~n~ral de Trait~s, troisi~me s~rie, tome XXV, p. 58.
' United Nations, Treaty Series, Vol. 106, p. 155.
No. 4132
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1957-1958
Nations Unies -- Recueil des Trait~s
135
entrer sur le territoire de l'autre Haute Partie contractante
a seule fin de diriger
et de d~velopper les op~rations d'une entreprise situ~e sur le territoire de cette
autre Haute Partie contractante dans laquelle son employeur a investi ou est
sur le point d'investir des capitaux importants :
~ condition que ledit employeur
soit un ressortissant ou une soci~t~ de la m~me nationalit~ que le postulant et
qu'il emploie ledit postulant dans un poste o~ il assumera des responsabilit~s.
Article XXI
• Chacune des deux Hautes Parties contractantes examinera avec bien
veillance les representations que pourra faire l'autre Haute Partie contractante
au sujet de toute question concernant l'application du pr~sent Trait~ et prendra
des mesures ad~quates pour permettre des consultations ~ ce propos.
2. Tout diff~rend qui pourrait s'~lever entre les Hautes Parties contractantes
quant ~ l'interpretation ou ~ l'application du pr~sent Trait~ et qui ne pourrait
pas etre r~gl~ d'une mani~re satisfaisante par la voie diplomatique sera port~
devant la Cour internationale de Justice,
~ moins que les Hautes Parties contrac
tantes ne conviennent de le r~gler par d'autres moyens pacifiques.
Article XXII
I. Le pr~sent Trait~ remplace les accords suivants conclus entre les Etats
Unis d'Am~rique et l'Iran:
a) L'Accord provisoire relatif aux relations commerciales et autres conclu
a
Th~ran, le 14 mai 1928,
b) L' Accord provisoire relatif au statut personnel et au droit de la famille,
conclu A T~h~ran, le H juillet 1928.
2. Aucune disposition du pr~sent Trait~ ne sera interpr~t~e comme se
substituant ~ une disposition de 'Accord de commerce et de l'~change de notes
y relatif conclu le 8 avril 1943 Washington entre les ~tats-Unis d'Am~rique
et l'Iran.
Article XXIII
I. Le pr~sent Trait~ sera ratifi~ et les instruments de ratification seront
~chang~s ~ T~h~ran, d~s que faire se pourra.
2. Le pr~sent Trait~ entrera en vigueur un mois apr~s la date de l'~change
des instruments de ratification. II demeurera en vigueur pendant dix ans et le
restera par la suite jusqu'~ ce qu'il soit abrog~ conform~ment
~ la proc~dure
pr~vue par ses dispositions.
De Martens, Nouveau Recueil g~n~ral de Trait~s, troisi~me s~rie, tome XXX, p. 885.
De Martens, Nouveau Recueil gdn~ral de Trait~s, troisi~me s~rie, tome XXV, p. 58.
• Nations Unies, Recueil des Traitds, vol. 106, p. 155.
Vol. 2184-10
- 29 -

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 period 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 day of August one thousand nine hundred
fifty-five, corresponding with the twenty-third day of Mordad one thousand
three hundred and thirty-four.
Selden
CHAPIN
MOSTAFA SAMIY
[SEAL]
[seAL]
No. 4132
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1957-1958
Nations Unies -- Recueil des Trait~s
137
3. Chacune des Hautes Parties contractantes pourra mettre fin au pr~sent
Trait~
~ la fin de la p~riode initiale de dix ans ou
~ tout moment apr~s l'expiration
de cette p~riode, en donnant par ~crit
~ l'autre Haute Partie contractante un
pr~avis d'un an.
EN FOI
DE
QUOI les pl~nipotentiaires respectifs ont sign~ le pr~sent Trait~
et y ont appos~ leur sceau.
FAIT en double exemplaire, dans les langues anglaise et persane, les deux
textes faisant ~galement foi, ~ T~h~ran, le quinze ao~t mil neuf cent cinquante
cinq, correspondant au vingt-troisi~me jour du mois de Mordad mil trois cent
trente-quatre.
Selden
CHAPIN
MOsTAFA SAMIY
[sCEAU]
[sCEAU]
N" 4132

- 31 -

- 32 -

Annex 2
U.S. Department of State, Instruction to U.S. Embassy, 23 July 1954

- 33 -

- 34 -

- 35 -

- 36 -

- 37 -

a
&gs=eti.st,tk.tee,k mi)ht.
5!z#ii~hi d»'firs i ttssff~~ccff~#/ 55 --
~E
- 38 -

±
±,
.:, .J <>
# ±±a#is##
----...,...---'-�-'�
V-:· .·
- 39 -

- 40 -

- 41 -

- 42 -

.
{is+.ES,#ti%sett±gee-,,rs,ices.i
55j.kc,iis~lb±....iis,ssis~sis5si~ er$iii&5ijig..ii.shes.e
E dd•• ..
.+ 7 mm ?iw.Fi:'
•
.
"
-.
.
, :zatgees-vie;ease2iii·gas
«,
•
.a os
1%.--T
e%s±kw~ii6skirt Nsr&ti#ssh#ah-=
.
Ya
-2 •
<7
ts. and more detailed.than the
latter,they are derived from the i tt??
<j±at#pro.sins @r rr@ate ~sv±sis at other cpavezt4on@,j_
":ii,
sys consular i~tterstoiihich tbs United States is @
party or,Yj~id;;
. ;
'gt which are,
now under.negotiation iith other foreigcountries:
j
..SF#l ,i re~ ggss 3 yy,,yy$i ss@@ggtt
??:?tj;;l;Te principal differences between these provisions and the?i,
·.if'jig.consul~r
articles of the
Ethiopia treaty ~rs
as follows:.2xi'85s?
>:hit&iii~ieiggs#ks,gs&sikss..z.gr5.8&4
Ee: j:gbjgjj(Art±~ls Ii Gt Bu~ipf treaty); Tis articls, which elates:;
7es..5533'?]Rte pr±rileges or diplsiatis rric~rs, is not austaary part. :t?
;~;j;st;j,~{]or United States consular corventians aid has b~emanitted z rraaaaw? jj
#ii&k??t~~;J these
provisions for Iran, r~suably there
wold be
io objectioi
3%fl5±#Fir.it.#
»
:; ~@ iiii;y '#j
Article Ir·This article, which has
no eract counterpart in + ••
vs#th=s5.z7
. .........s. £'krtiele Ir, paragraph
l;
This provision 1s generally cg-_:t:;
?di' parable to ~rfile Inf(Tar the Ethiopia treaty but has
been.
; .7.,
E tt its.z res.t dee srr»is ts cc#us emerge·
tile
IV, pAIaETpb l: This paragraph, which has mo<%7j,
counterpart
in
the Bthiopi~ treaty, establishes a specific right_?3
of acquisition and ownership by the Government of
either country/ -'
of the real property it may need in the.other country for non-/'>'
i ..
=e":.±±bees.w.it.±
Artieler;Tis ~rticle contains the substance or Article v(l) '
;s:±ii';
of
th
Fthi~pis treaty and, in addition, a provision relating to ' ,,
vtz
?a5?
the waiver requirements of Secticn 2l7 oft the Immigration and 2;z_
#, ,± AAmmss #.t#girt.eiie,ti2jg
~z.
[%b.z.mg#fizz±set±f
Er ; ff;;""
o£icers and local governmental authorities with respect to
j~r eecc=tj
'e.re.
DRAFTED BY:
APPROVED BY:
�-···,.:
- 43 -

2Ethiopia treaty, specifies certain"important,rights which shall ?<t??
erst in @~z@tr @?ricers ±±c~jg@t±an_it't~ pr@t@ti@h_o@~iii
zynationals oftheir country when iithin tbs
other country. ?Similar 55 33..
;provisions'~ybe'fund iizec~rt consular co~ventioris entered zj
Lt'by the 'Trite States (es~Article 15(1) and(3), coiislar? g
i
%
e
- 44 -

Annex 3
U.S. Department of State, Proposed reviewed draft of the Iran-U.S. Treaty of Amity,
2 January 1955
Excerpts: p.1 & p. 12

- 45 -

- 46 -

- 47 -

.:i
t4
I
g
(
e ..""
:..°
? :

- 48 -

Annex 4
C. H. Sullivan, Standard draft Treaty of Friendship, Commerce and Navigation,
U.S. Department of State, 1962
Excerpts: p. 1, pp. 22-24

- 49 -

- 50 -

EX.S3
.,,,·· ::
.
·
·
,
·.
0sh« oj
&WR!tic.G«
j
s ,,
4
l
> .•
STANDARD DRAFT
TREATY OF FRIENDSHIP, COMMERCE
AND NAVIGATION
)
)
E l·
)"

- 51 -

- 22
' o
Article XII
l.
Nationals and
companies of
either
Party shall be accorded by the other Party national
treatment and most-favored-nation treatment with
respect to payments, remittances and transfers of
o
funds or financial instruments between the territories
of the two Parties as well as between the territories
of such other Party and of any third country.
0
2. Neither Party shall impose exchange
restrictions as defined in paragraph
5 oaf the present
Article except to the extent necessary to prevent
0
1ts monetary reserves from falling to a very low
level or to effect a moderate increase in very
low monetary reserves, It is understood that the
0
provisions of the present Article do not alter the
obligations either Party may have to the International
Monetary Fund or preclude imposition of particular
2
restrictions whenever the Fund specifically authorizes
or requests
a
Party to impose such particular
restrictions.
2
3. If either Party imposes exchange
restrictions in
accordance with paragraph
2
of the
J
J
- 52 -

- 23
)
present Article, it shall, after making whatever
provision may be necessary to assure the availability
)
of foreign exchange for goods and services essential
to the health and welfare of its people, make
reasonable provision for the withdrawal, in foreign
)
exchange in the currency of the other Party, of:
(a) the compensation referred to in Article VI,
)
paragraph
, (b) earnings, whether in the form of
salaries, interest, dividends, commissions, royalties,
payments for technical services, or otherwise,
(c) amounts for amortization of loans, depreciation
of direct investments, and capital transfers, giving
consideration to special needs for other transactions.
)
1
-
If more than one rate of exchange is in force, the
rate applicable to such withdrawal shall be a rate
which is specifically approved by the International
Monetary Fund for such transactions or, in the absence
a
of
rate so approved, an effective rate which,
inclusive of any taxes or surcharges on exchange
)
transfers, is just and reasonable,
% ..
Exchange restrictions
shall not be
imposed by either Party in a manner unnecessarily
- 53 -

G
24
i
0
detrimental or arbitrarily discriminatory to the
claims, investments, transport, trade, and other
interests of the nationals and companies of the
other Party, nor to the competitive position thereof.
5 .. The term "exchange restrictions" as
used in
the present Article includes all
restrictions,
regulations, charges, taxes, or
other requirements
imposed by either Party which burden or interfere
with payments, remittances, or transfers of funds
or of
financial instruments between the
territories
of the two
Parties.
)
6. Each Party shall afford the other
Party adequate opportunity for consultation at any
time
regarding application of the present Article.
2

- 54 -

Annex 5
U.S. Department of State, Memorandum of the U.S. Department of State Legal Adviser
on the Application of the Treaty of Amity to Expropriations in Iran, 13 October 1983

- 55 -

- 56 -

1406
UNITED STATES: MEMORANDUM OF THE DEPARTMENT OF STATE LEGAL ADVISER
ON THE APPLICATION OF THE TREATY OF AMITY TO EXPROPRIATIONS IN IRAN
[October 13, 1983]
CLAIMS AGAINST IRAN
Mr. PERCY. Mr. President. the work
of the Iran-United States Claims Tri
demonstrates that, for purposes of deter
mining the amount of compensation, prop
erty must be appraised st Its fair market
value. Part IV shows that property must be
valued ss of the date of expropriation, dtsre
arding the effects of any actions attributa
ble to the Government of Iran that were un
Lawful or taken in anticipation of the expro
priation.
Under the principle of res fudtcat' this
deciston by the International Court of Jus
tice established conclusively the continued
validity of the Treaty of Amity As
of May
bunal at The Hague In the Nether
lands Ls continuing in an effort to pro
vide compensation to the many Ameri
can citizens and corporations who lost
money and property as s result of ac
tions by the Government and officials
of Iran. One of the key issues In the
24, 1980.
The Court's ratlonale and holding are no
less applicable now. Inan has not alleged any
event since the issuance of the Court's decl
slon which would affect the continued valid.
I. The Treaty of Amity remains tn force
tty of the Treaty. Moreover, although the
hostages have been released, Ian continues
A. The Treaty Remains In Force By Its
Tribunal's deliberations is the ques
to hold U.S. diplomatic and consular proper
Own Terms
The Treaty of Amity explicitly provides
tion of appropriate standards for de
termining the level of compensation
that It shall continue in effect until term±
nated by s party. Specifically. Article XXIII
required for such losses. Iran has
sought to argue that It is no longer
bound by the 1955 treaty which estab
I[shed the general standard of prompt,
(2 states that the Treaty "hall remain tn
force for ten years and shall continue In
force thereafter until terminated as pro
adequate and effective compensation,
vided herein" (Emphasis added.) The sole
method of termination under the Treaty l
which has become an Important term
of art in international law.
In view of the Importance of this
described in Article XXIII, which provides
that the Treaty may be terminated only
ties In violation of international law and the
two nations remain divided by serious dis
putes concerning. inter alt, the expropri
atlon of D.S. nationals' Investments In Iran.
Given that the protection of foreign invest
ment was s central purpose of the Treaty,'
the present situation ls precisely the
moment when treaty provisions setting
forth the standard of compensation for ex
propristed property, in the words of the
ICJ, "assume (their) greatest importance."
v
issue to many American businesses, I
asked the Legal Adviser of the Depart
ment of State, Dais Robinson, to pro
upon one year's written notice by one party
to the other."
Nether the United Stutes nor Iman has
provided written notice to the other that
the Treaty has been terminated.' In fact, to
C. The Treaty HAM Not Been "Implicitly
Terminated" As s Result of AJeed
Breaches by the United States
Despite Its repeated reliance upon the
vide me with s memorandum discuss
Ing this issue. I ask that s copy of this
memorandum be Included In the
the contrary, Iman on numerous occasions As
REcoRD at this point.
Treaty in recent years and despite the ICJ's
decision, Iman now sppesns to have adopted
before the Tribunal a new position which a
lees that certain actions by the United
States "Implicitly terminated" the Treaty of
There being no objection, the memo
randum ordered to be printed In the
RECORD, As follows:
(Memorandum)
recent ss hate 1980 has Argued before U.S.
domestic courts that the treaty remains In
full force and effect.' Iran, moreover, has
continued to enjoy the benefits of the
Treaty.' Thus, It Ls Abundantly clear that
the Treaty of Amity has not been terminat
ed in accordance with Its terms and. there
fore, remains in effect.
APPLICATION OF THE TREATY Or AMITY TO
EXPROPRIATIONS IN IRA
Amity.' Specifically, Inn alleges that U.S.
Executive Orders adopting certain counter.
measures ' [n
response to Iran's unlawful
etzure of the US. Embassy in Tehran on
November 4, 1979, violated, respectively, Ar.
INTRODUCTION
B. The International Court of Justice Has
Ruled That the Treaty Is StlI in Force
The Iran-United Stutes Claims Tribunal'
ticle VII' And VIII of the Treaty. Such an
assertion, however, ls entirely contrary to
established principles of International law.
in The Hague has heard or scheduled for
hearing numerous claims seeking compensa
tion for the expropriation of property of
U.S. nationals by Iman. In each of these
cases. as In numerous others which will
The continued validity of the Treaty of
Amity has been confirmed conclusively by a
Judgment of the International Court of Jus
tice. On November 28, 1979, the United
States fled an application wIth the Court
seeking s declaration, inter alia, that Iran's
November 4, 1979. seizure of the U.S. Em
bsssy In Tehran violated the Treaty. On
May 24, 1980, the Court rendered its Judg
ment. tin which It held that the Treaty's pro
visions "remain part of te corpus of law ap
pltcable between te United States and
()The United State has not breached te
treaty.-The measures dopted by the
United States, In fact, did not violate the
Treaty. Rather, under both the law of trea
ties and the law of nonforctble reprisals,
they were s fully lawful response to Ir's
flagrant sand continuous violations of the
Treaty of Amity.
follow, the Tribunal must ascertain the sp
plcable standard of compensation for ex
proprlated property. The United States
maintains that the Treaty of Amity, Eco
nomic Relations and Consular Rights be
tween the United States of America and
Iran (the Treaty of Amity" or "the
Treaty") provides the standard of compen
sation which must be applied to the cases
(a) Iran flagrantly and repeatedly violated
te treaty.--Throughout 1979 And 1980,
before the Tribunal.
This memorandum discusses the spplica
bllity of the Treaty of Amity to the determi
nation of compensation for the exproprl
atton of property of D.S. nationals in Iman
Put I demonstrates that the Treaty is still
Iran." In so holding. the Court explained
that the continued applicability of s treaty
of this nature Ls especially important when
the parties are In dispute:
"The very purpose of s treaty of amity,
and indeed of s treaty of establishment, is
to promote friendly relations between the
two countries concerned, and between their
two peoples. more especially by mutual un
dertakings to ensure the protection and se.
curtty of thelr nationals tn each other's ter
ritory. It ts precisely when du/clttes anise
Ln force. Part II shows that the Treaty re
quires the payment of prompt, sdequate
and effective compensatlon for the expro
priatlon of such property tn Iman. Part III
tat te treaty assumes its greatest impor
tance. . .•
Footnotes st end of article.
[Reproduced from the U.S. Congressional Record, Vol. 129, No. 157
(November 14, 1983), pp. S 16055-60.]
- 57 -

Ss 16056
CONGRESSIONAL RECORD -- SENATE
November 14, 198
f
ably related to the bresch.' Suth withhold simpis cnnot true that
the Iranian governmnent. ts agencies. Instru
mentalities and other controlled entities en
the
Treaty as 1m
As
ioember ol
does not violate the Treaty but, on the con- 1979
tmar, is actually s means of enforcing it. As E Even if the Treaty Had Been Terminated
the foregoug discussion demonstrates. each
ns of performance by the agreed party puetly terned ass earl
aged In s long series of act:ons directed
a£inst Amer;can Ives and property in Iran
These actions included, inter aha, govern
ment sponsored attempts to harass and in
[us
Provisions Would Continue to Apply
of the U.S. countermeasures was s reason- To Al Acu of Expropriation Wheh O
timidate U.S nationals with tte on] of
drwins Americans out of Iran.'' the repudi
Even if the Iranian position were accepted
in toto, tt would have only s minimal effect
on the resut of the proceedings before the
Tribunal. The well-settled rule of interna
tonal practice is that the termination of a
treaty does not affect pre-existing rights
created through execution of the treaty.'
able response to Iran's prior breaches of the curred Prior to
the Termination Date
Treaty And, therefore, ss Jusurfed
under
the la of treaties.
Similarly, under the La
of nonforcible re
prisals. s nation may lawfully take
other
wise unlawful nonforcible actions if (1 the
actions are in response to prior internation
al delicts by snother nation; (2 the a&
grieved nation has sought redress unsuccess
fulls through other means; and (J the c
tons Are proportional to th pror dehict.
ation of numerous contracts with American
firms without legel Justification.'' massive
expropriation of American property in Iran
without compensation,' the {mposition of
currency restrictions to prevent repatriation
of American earnings.' and the announced
intention (finally impiemented) of ceasing
all oil exports to the Urited States.o These
Thus eren if the Treaty of Amity were held
no longer to be in force. the standard of
compensation set forth in the Treaty still
would be spphcabie to any act of expropri
ation which occurred prior to the Treaty's
termination.
actions by Iran repeatedly and flagrantly
iolated numerous provisions of the Trent
As demonstrated above, these requirements
were satisfied and thus the US counter
measures were equally Justtfied under the
law of nonforcible reprisals.
of Amity,' resulting in the virtual repudi
ation of all personal, contract and property
rights of Americans tn Iran and the collapse
(2Even t te United States had breached
II. The Treaty o Amity requires that U.S
te treaty, te treaty vold not have been
claimants
be paid prompt adequate and
effective compensation for all property er
propmated by Iran.
"implicitly" terminated The preceding
section makes clear that the Actions taken
of cormercal relations bteen the two na
tons.
Iman's violations of the Treaty culminated
on November 4, 1979, with its seuure of the
U.S. Embassy and forcible detention of
more than sixty US. nationals on the Em
basy premises. On May 24, 1980. the Inter
national Court of Justice held explicitly
hat these actions by Iran constituted
by the United States tn response to Iman's
violations of the Treaty were fully justified
under internauonal la and, therefore. did
not breach the Treaty of Amity. Even if
thost actions had beep in breach of the
Treaty, however, such violations could not
have resulted In Its "implicit" or automatic
termination.
It is clear as s matter of international la
Article IV(2 of the Treaty
The Treaty of Amity expressly requires
Iman to pay compensation for the expropr
Aton af property owned by U.S. nationals
Such compensation must represent the full
equalent of the expropriated property and
must be paid within s reasonable time after
expropriation In s readily convertible cur
rency. More particularly, the Treaty re.
quires Iran to pay "prompt, adequate and
effective compensation" for expropriated
property.«
Specifically,
prondes that
Property of nationals and companies of
either High Contracting Party. including in
terests in property, shall receive the most
constant protection and security swithin the
territories of the other Hh Contracting
Party. in no case less than that required by
international la. Such property shall not
i ucress:ve and continuing breaches" of the
wresty of Amity and other applicable Inter
national law
tb» The US countermeasures vere justi
fed under te lac of treaties and te lav of
nor/forcible repnsals. -Shortly after the
seizure of its Embassy, the United States
initiated s series of countermearnres in re
that s treaty cannot be implicitly"termi
nsted. that is, s breach of s treaty by one
party does not of ttsel terminate the treaty
Rather, s treaty my be terminated by a
breach only if (D the breach is material.
oung to the heart of the treaty, (2 the
a&grieved party sends formal noace of the
treaty termination to the other party;'
and (3) the formal notice of termination is
ponse to Iman's violations of the Treaty and
other norms of international law. Or No
vember I2. 1979. the same day that Iran an
pounced that It would no longer export oLl
to the United States, President Carter or
dered a halt to the importation of Iranian
oil.» On November 14, 1979, President
be taken except for s public purpose. nor
shall it be taken sithout the prompt pay
went of jut compensation Such compensa
ton shall be in sn e/cctively realtaole form
sent within a reasonable time after the
brezch.
In th is case, the actions taken by the
United Stutes In no way violated the
Treaty--materially or otherwise. These Ac
tions were taken in an effort to restore full
observance of the Treaty by Iran and were a
and shall represent the full equivalent of tw
property taken; gnd adequate provision shall
have been made at or prior to the time of
Carter issued an order to biork all official
Iranian assets tn the United States.' Fur
ther Executive Orders of April T and 17,
1980. prohibited most exports to and im
ports from Iman and restricted fitancal
transact:ons related to travel by Ame ri cans
to Iran.'>
Each of these countermeasures was adopt
ed in response to Iran's continuous viola
tons o! the Treaty.' As the International
Court of Justice observed in its order of
limited, gradual and proportional response
to Iran's prior violations
Further. As already noted. Iman has not
seent the United States the formal notice
necessary to trigger termination of the
Treaty, either before or nfter the sieged
U.S. violations. Indeed, more than ten
months after the alleged violations. Iman
was continuing to plead in U.S. federal court
that the Treaty was still in force.»
Finally, because s reasonable time after
the alleged U.S. violations already has
elapsed without s notice of termination,
such alleged violations no longer may form
the legal basis for termination of the
Treaty.
Lakin for the determination and payment
thereof. (Emphasis added.)
Thus. Article «2 requires "prompt pay
ment . ...I nn a nn effectively realizable form"
of just compensation" which represents
the full equivalent of the property taken."
This explicit language leaves no doubt that,
under the Treaty, Iran must pay prompt,
adequate and effective compensation for the
expropriation of D.S. property.'»
The negotiating history of the Treat
clearly.confirms this conclusion. Immediate
ly following World WAr II, the United
States negotiated s series of some 2I bilater
Ma 24. 19&0
Al! measures In question were taken by
he United States after the seizure of its
lnbassy by an armed group and subsequent
retention of its diplomatic and consular
staff as hostages. They were measures taken
In response to hut the United States be.
heed to be grave and manifest violations of
international law by Iran."
1»
Moreover, the countermeasures were res
sonably related and proportonal
to
Iran's prior breaches. They were limited in
u FCN treaties with other nations. One m
portant purpose of these treaties, including
the Treaty of Amity, was to protect invest
ment abroad.' and thus each of the treaties
contained s section which required prompt.
adequate and effective compensation for the
expropriation of foreign Investment.' No
to Interpret those treaties ss permitting
payment of something less would defeat one
centr) purpose of their execution.
Throughout the negotiation of the
Treaty. moreover, Iran was fully aware of
D Iman Is Estopped From Repudiating the
Treaty of Amity
Repudiation of the Treaty of Amity by
scope. relative to Iran's prior Treaty viola
Lons, and involved no harassment of Iran
ans in U.S. territory and no expropriation
of Iranian property. The restrictions on
trade with and travel to Iran formalued s
situation which had existed in practice for
many months ss s direct result of Iran's ll
legal conduct. Similarly. Irars sssets were
Iran us further barred because It would vio
hate well-established principles of interns
tiona) la concerning estoppel and good
fath. As Sir Hersch Lauterpacht has writ
ten
A State cannot be allowed to avail itself
blocked only after Iran announced that al
of the advantages of the treety when it suits
it to do so and repudiate it when its per
formsnce becomes onerous. It is of little Im
portane whether that rule is based on what
In English law is known ts the principle of
estoppel or the more generally conceived re
quirement of good faith."°
Pnor to the sgnint of the Algiers Accords
in 1981. Iman repeatedly relied upon the
treaty
its assets In the United States were to be
the United States' views and treaty practice
with respect to the standard of compensa
tion' and Agreed to that practice in the
Treaty of Amity." The language of Article
pvt2 was s standard text used by the
United States In most of its pOst-WaAr FCN
treaties ' nd. during the negotiations, Iran
made numerous references to the language
of these other FCN treaties After De&Otu
As
s defense against litigation In U.S.
withdrawn. The blocking was intended in
part to preserve a remedy for Americans
whose rights already had been violated by
Iran in the course of Iran's unlawful ac
tions.
International law long has recognized
that. here s party to s bilateral Treaty has
breached Its obligations thereunder, the
other part may sithhold lawfully its per
formance of the Treaty In s manner reason
courts. Now that such litigation has been
suspended pursuant to the Accords. Iran
- 58 -

I+u&
s 16057
November 14, 1983
CONGRESSIONAL RECORD -- SENATE
tions. Article IV«2» was unchanged from the
original draft except for the addition of the
phrase in no case less than that required
by internstional law," phrase which also
appears in many other U.S. FCN treaties.°
Thus. the negotiating history makes clear
that the Treaty of Amity, As proposed and
executed. requires the payment of prompt,
adequate snd effective compensation for ex
propriatron.'
Treaty of Amity, moreover, has been con
sistently understood to Incorporate these re
quirements.
The Authorities cited above make clear
that in determining the value of expropriat
ed property. the Tribunal should disregard
the effects of actions attributable to tbe
Government of Iran which were unlawful
CONCLUSION
Because It has not been terminated in Ac
It The Treaty of Amity requires tat for
purposes of compensation epropnatcd
property be appraised ct fair market value
cordsnoe wth its terms of the provisions cf
international law, the Treaty of Amity re
mains In force between the United States
and Iran. Article IV(2 of that Treaty prG
vides the standard of compensation which
must be paid for the expropriation by Iran
of property of U.S. nationals. Specifically,
that Article requires payment of the fir
market value of the expropriated property,
calculated ss of the date of expropriation
ithout regard to actions attributable to
The Treaty of Amity also requires that,
As explained above, throughout the
course of the Islamic Revolution, the Irani
an government. Its agencies, instrumental
fties and controlled entities engaged Ln 4
long series of unlawful actions directed
against American property in Iran. These
actions included. among others, harassmnent
of Amencans tn Iman the repudiation of
contracts, massive expropriations without
compensation, and the imposition of unla
fu currency restrictions. As Already shown.
all of these actions violated the Treaty of
Amity and, therefore, the effects of these
actions snd other Treaty violations must be
for
purposes of determining the amount of
compensation, expropriated property be sp
praised st Its fair market value,' which in
the case of an operating enterprise Ls equlv
lent to "going concerr" value. This conclu
sion is evident from both the language and
the history of the Trea ty.
Article IV«2 of the Trety mdates the
payment of "just compensation" for expro
prated property. International law long has
understood "just compensation" to require
payment of fair market value. The term
"just compensation" Also can be traced to
the FIth Amendment to the U.S. Constitu
ton, which provides that no property may
the Government of Iran which were unln
ful or taken in anticipation of the expropri
tton.
Under Article V of the Calms Settlement
Declamation,' this Ls the appropriate stand.
Ard of compensation for application by the
Iran-United States Claims Tribunal to pend
lng claims for expropriation.
disregarded in determining the value of ex
propriated property.
Certain omissions of the Government of
Iran were equally unlawful under the
Treaty. Article IV «2 of the Treaty contains
the solemn promise of the Government of
Iran to guarantee to the property of U.S.
nationals "the mast constant protection snd
security" In Iran. This article Imposed upon
the Government of Iran an affirmative duty
FOOTNOTES
The Tribunal was stab/uhed in 194] pursuant
to the Declarations of the Democratic and Popular
Republic af Algeria concerning commitments And
settlement of chums by the United Bute ind Ir
with respect to
resolution of the crisis arising out of
the detention of 52 United Stutes nationals in Inn,
be taken by the government without Just
compensation. The U.S. Supreme Court re
peatedly has held that the payment of "Just
epnnted in XX Int'I Let MAt. 223 (1981
Signed Aunt 15, 1955, entered into force, June
16, 1951, TLAS 3653.$ US.T. 6».
compensation" requires the use of fair
to protect the property of U.S. nationals
against injury arising from unlawful sctii
If
s treaty requires s special standard of com
pens«ton the compensation shall be paid Ln sc
market value,
Article IV«2 further provides that
compensation • • hall represent the full
equivalent of the property taken," e, the
full value of the property. The term "full
equivalent" indicates that compensation
must be comprehensive snd must take into
account every valuable element of the ex.
propriated property. The value of property,
of course, depends upon Its sbLlity to gener
ate future Income.' s fact which has been
repea tedly recognized in international law.+
Measures of valuation such as "book value"
and "replacement cost" do not consider the
capacity of An
asset to produce future
Income.' Thus. fair market value, which
does take account of the property's Income
producing capacity, generally represents the
truest measure of an asset's full equiva
lence.'
The history of the Treaty confirms that
cordunce with the treaty." Sohn and Baxter, "Con
vention on the International Responstbtlfty of
ty, whether by public officials or individual
private citizens.» The failure of the Gov.
ernment of Iran to extend this protection
was Itself a violation of the Treaty, and the
effects of this failure slso must be disre
garded in valuing expropriated property.
Actions by the Government of Iran which
were Arbitrary or discriminatory must also
Lutes for Injures to Aens," Pnul Dmft. Art
102, An Garcia Amador, Jon «And BAxt, Recent
Codification of the Law of State Responsibility for
Injuries to
Alers 133. 204 (1974 Because the
Treaty of Amity wt forth the standard of compen
«a ton to be used for determining compensation for
the expropriation of 0.S. property by Inn. the Tn
buns] need not decide which standard would apply
be disregarded tn determining the fair
market value of expropriated property. Gov.
ernment conduct which does not Intrinsical
ly violate tnternatlonal law Js nevertheless
unlawful Lf It is arbitrary or It discrimt
nates against aliens.' Thus, actions by the
Government of Iman which otherwise might
have been lawful were unlawful if the Gov
ernment engaged in these actions arbitrarLly
or directed them against U.S. nationals. Any
decrease tn the value of expropriated prop
erty attributable to such actions must be
tn the sbenee of the Treaty. The United Sutes
madntAns, « ft
has for decides. tht Ln the Absence
of s treaty customsry international law requlnes
the payment of prompt, Adequate snd effective
compensation for property sppmled st It fair
market value. See note 42, irfr
Where t treaty specifically establushes the
method of ts termination, the parties sre obligated
to Adhere to
that method. Vienna Convention on
the La of Treates, Article 4(), U.N. DOC. A
Cont. 39/27. MAy 23. 1969. reprnted in VIII Intl
Les. Mat. 879 (1969). Athouth the United States
has not muified the Venn Convention snd. there
fore. li not bound by It, the US considers many
provons of the Convention, Including Article
4us). to be
declsrstory of customary international
ts language requires the use of fair market
value for determining compensation. As al
ready shown. Article IV«2 of the Treaty is
v
disregarded in calculating the fair market
value of such property.
The authorities cited above also require
that. in determining the value of expropri
ated property. the Tribunal should disre
gard the effects of actions «ttnbutsble to
aw. Se Lpal Consequence for States of te Con
standard treaty language proposed by the
United Sates and accepted by Iran without
substantial modification. Such language
consistently has been understood to require
that expropriated property be appraised at
far market value.+
nut Prence cf South Atnca tn Namtba South
Wet A/ncar Notttandtng Secunty Counel
Revolution 276, (197]
LC.J. 16. 47 1 Brownle
the Government of Iran that, while lawful,
nevertheless were taken Ln sntAclpation of
the expropriation. Any other rule would
permit an expropriating government to
Principles of Public International Law 601 (3 ed
1979
+
prhermore. where trestles ire
terrinsble by
IV. The Treaty of Amity requires tat prop
erty be taled as of te date a/ erpropn
notioer. international law genenlly reconues ter
Gain formal requirements for the notice. A the In
terations! Law Commuton has noted, "i
declAr
tion of termination which ti not officially commu
ation, disregarding te eects qf any ac
tions attributable to te expropriating
government tat vere unlawful or vere
taken in anticipation of te expropriation
The Treaty of Amity further requires
avoid entirely the requirement of compensa
tion by acting to ruin the value of s comps
ny before formally selring control. Thus, AC
ttons by the Government of Im that were
taken tn anticipation of the expropriation,
including the threat of expropriation or the
expropriation of other companies, even tf
nicued to
the other party has no effect..," Sp¢
ciu}
Rapporteur FLmaurice, Second Report on the
Law or peate. (19ST]II Y.B. Int1L Comm'n 6s
quoted in 14 M. Whiteman. Diet of International
that, for purposes of determining compensa
tton, expropriated property must be valued
as of the date of expropriation disregarding
the effects of any actions attributable to the
expropriating government (I) that were un
lawful or (2 that were taken In anticipation
of the expropriation.« These requirements
concerning valuation are Inherent in the
principle of Just compensation, which Ls
lawful in themselves. must be disregarded in
valuing expropriated property.
Furthermore, under settled international
law, s government brought to power by rev.
olutton Ls legally accountable for the acts of
the revolutionary forces from the revol
ton's Lncepton.' Accordingly, the actions of
Law 443(1970. Moreover,
It l sentis that the nottce should be In due
form. emanate from sn authority competent for
the purpose. and be regularly communicated to the
other interested States... In general it ls thought
better in the interest of regularity snd certainty in
treaty relations, to require the leg! bats of the
notioe to be stated in every cue Again, in the Inter
est of regularity snd oertatnty. It i thought der
able to require that the date of the notice and the
date when it ls considered to
take effect should be
the revolution which empowered the
present Government of Iran Are attributa
ble to that Government. Any diminution in
the value of exporprlated property caused
by the actions of revolutionary forces Ls
embodied tn Article IV2 of the Treaty.
These requirements are also well-estab
lushed In customary international law and
were similarly Incorporated into the Treaty
of Amity by the further provision of Article
pecified tin the tntrumnent
Special RApportur Wdock. Second Report on
the La of Treaties, (1963)II Y.B Int'IL Comm n
¢. @voted in 14 M Whiteman. Dgest of Interns
tiona LA 444 (1970)
It2, which states that compensation for
expropriation must be In no case less than
that required by International law.·» The
equally attributable to present Govenment
of Iran. If such actions were unlawful or
were taken tn anticipation of sn exporprid
tlon, their effects on the value of exproprt
ated property must be disregarded.
See. t.g. Memorandum of the Government of
run in Opposition to
Continuation of Attachment
16-1T, 14-15. Iranian Attachment C (8.D.NY.
(filed April 2L. 180, The LAhamic Republic of
Iman's memorandum of Point and Authorities in
- 59 -

S 16058
CONGRESSIONAL RECORD -- SENA TE
November 14, 1983
Support t Motion tc Dsmiss 2 Starrett Mourn
Corp.r&tor v.Go@rent of Iran Cini Aton
owner had left Iran Kahsn June 2! 1979 at col
e
he restriction of commerce ti s form of
3 In June of that yet Iran rational all buns
nd nsuranee companies In July lrsn enacted the
No 7.6164(SDNY tied Jul 1 1980 Defend
reprisal has long been recognned ts proper under
international lw Hyde wrote that
In order to save itself and tt nstonl from
ant Government of lrsns Motion to Dsmiss.
Memorandum of Points and Authorities I, Starrett
HM&up Corporation .Government of Iran Civil
LA for the Protection and Development of Iranian
Industry,which nationalized additional industries
the share holdings of cretan individuals and all
firms hose debts to the banks exceeded their
being subjected to treatment deemed subversive of
international ln As el!as to compel the sbsndon
ment of reprehensible conduct. 4 Sute mAy $u
Arton No 7-6364 (S.DNY (filed September 18.
19801
The United Stutes Government. for ensmpit.
continues to issue treaty trader"And treaty in
v«tor vas to Iran nationals who quahif for
tuch vlas only because the Treaty of Am ity re
mains tn foroe. In FcA Yer I82 lone. SI4 sach
visas were granted These visas permit Iranian ns
tionsls entry into the ''rited Sates for purposes of
trade or nvestment
Case Conceng Urited State Diplomatic and
Conrler Stuff in Tehran (United States of America
v. Iran), (1980 I.CJ. 3, 28. reprnted in XIX Int'l
L MAt 553 (1980). (Emphasis added.)
Id Emphats added.
·pt the sanctity of res fudata attaches to
final decision of sn international tribunal ls an es
wntisl and settled rule of international law" p»ail
Smelter Arbtrton Betvwen te United States and
«ts Additional firms were nstonslned by the Aet
Concerning the Appintment of « Tempomry Dire¢
tor or Director for the Custody of Production sand
Industrial and Commercial and Arutural and
Service Unit whether in tbe Public or PrvAt
Sector. enacted June 16, 197%. and by the Aet Con
cernins the Management snd Ownership of the
Shares of Contmctint and Consulting Companies
and Frms. enacted Murch 3. 1980, reprnted in Or.
ficit Orte No. 10254 By February of 1981. a
cording to the Minister of Lndustres snd Mines
some 50 companies hsd been rationalized since
the revolution, ELAl'At. Feb. 5, 19I. At I4, Col. I.
See ep., Circular NA/11600. Bank Marksi. No
vember 14. 1978 CIrCul«r NA 5/2090. Ban MAr
kA. MAy $, 1979. Iman has conceded tn its pleading
before tbe pr[buns) the imposition of exchange
controls beginning In November of 1978 Because of
the confidential nature of pHbunAl proceedings in
pend all commercial intercourse with thAt other
whose act are the source of complaint.
II C Hyde. International La Chiefly As Inter
preted snd Applied by the United 8tates. 1674.1675
(1945 Similarly, O'Connell writes that
The Aggrieved Sut may te the set of the
wrongdoer sltustd within Its ur\diction, It may
freeze credits. and it may take non-violent measures
of reprisal, perhaps involving Barte scale economic
coequenodd
+
ID P O'Connell. International Law 328 (1965
See also Bowett,"Economic Coercion and Reprisals
by Sutt," 13 Va. J. Int1L 1 972 Bowett, "In
ternattonal La and Economic Coercion," 16 VA J
Int1L 245 (1976)
+
In reporting to Congress the reasons for the
set blocking , President Carter said
On November I4, 1979,I tool the step o! block
Canada Under Convention of Apr! 15. 195, Deci
son of the Tribunal reported MArh II, 141. at 1T,
3 Am J. Int1L 684. 699. excerpted in VIG HAc
specific cases. however. citation to particular plead
Lngs by claim name or number would be inappropn
worth. Digest of International LAw 140 (1943
4¢
tng certain property or interests tn property of the
Government of Inn. ts instrumentalities and con
trolled entities and the Centr Bak of [ran At
that uime the United SuAtei Embassy tn Tehran wA
Corms#my General af The nnoco Case. I0 R. Intl
eThe Government of Inn repeatedly declared
Arb AArds 184. 276 (1902+, Pou Fnd Cae For
Re 1902 Appendix II. D Sandifer. Evidence Before
Inurnstona] pbuAi 404 (197$ ¢d. II C. Hyde
International Law Chiefly As Interpreted snd Ap
occupied sand Ameriasn personnel were beLng held
hostage there Ln flagrant violation of international
law In addition, Iran had threatened suddenly to
withdraw its assets from United Stutes banks. Ao
e.::zzzra:.o»a
os modern seres of trestles. knon generically as
pends1p. Commerce snd Nation Treaties
UCN Tete", which were negotiated between
the US and other nations after world War II And
heh had%is major purpose the protection of for
en Lv estment See notes 44 And45 1n/re
+Iran has made this all ega tio n ins number of tts
piesdn submitted to the Tribunal Because of
the confident nature of Tribunal proceedings in
specific asses, however. citation to particular plead
ns by claim name or number would be inspproprt
at¢
Tes Executive Orders sre described below st
pa&es 10-1.
Article VII Limits the right of the parties to
Its intention to hat oil exports to the United
Stu.es The dsy after the seizure of the US Em
bassy. Iranian OII Minister AI! Abar Mointhar an
nounced that he wAs prepared to stop oil exports to
the US If Khomeini gave the order Washington
Post. November 6, 1979,At AI Ne York Times. N
vember 6,1979.At Al Ayatollah Behesht reiterated
the threat on November II. The threat A4 carried
out on November I2. when the Revolutionary
Council decided to stop oil exports to the US N.Y
7mes. November 13. 1979.At Al
'Among the provisions violated by Iran ere Ar
tile II«p, Assuring the right of Americans to travel
to Iran for commercial purposes. Article II4 uAr
anteing the lives snd property of US nationals
the most constant protection and security" Arte
cle IV, protecting Amen&An property And other
leal rights in Iran Artitle VII, uniting restriction
on the transfer of funds. Article VII, regulating
Import snd export controls. And Article X.4uAran
teeing freedom of commerce between the United
Stutes and Iran.
refuse payment in dollar for oil. sand to repudiate
obligations owed to the United States and to United
States nationals. Iran's actions attacked the foun
dations of the International legal order as well s
the stability of the world economy snd the Interns
onai monetary Aytem."
16 Weekly Comp. or Preis. DOC. 611-612 (April 14
1980 The peldent previously had explained thAt
Blocking property and property interests of the
Government of Iran It instrumentali ties snd con
trolled enuties and the Central Buni of IrAn ,I
enable the United Stutes to insure that thee re
sources swill be svthole to satisfy lawful claims of
ctuens snd entities of the United SuAtes inst
the Government of Iran."
1s Weekly Comp of Pres Do. 2118 (November
19. 1979)
apply exchange restrictions. except, inter aha,
where such restrictions have been Approved by the
International Monetary Fund. Under IMF DMC No
Asset freezes specifically have been recognued
Cae Concerning United State Diplomatic and
as legitimate responses to violations of tnternstion
law. See ID.P. O'Connell, International La 328
(1969, Sandino v. Federal Reere Board of Ne
144 (52/51 repnnud in Selected Decuions of the
International Monetary Fund 203, 204 «9th ed
1981), i
state may ssume that the IMF hA5 Ap
proved exchange restnctions imposed for security
reasons unless the 4tt receives notice to the con
Colar Staff n Tehran (United States of America
v. Inn), (1980) 1.CJ. 3. 4I, neprnted in XIX Int
Let MA! 3 (1980 The provision4 of the Treaty
violated were Article II«4, gALeLng Lo DS n4
tlonsls "the most constant protection and secu
rty." and Artiles XIII, XVIII
York, 36] F24 106. 113 (2d Cir 1966, cert dented
385 US. 898 (1966
+ yenns Convention on the LAw of pretties. Ar
try
within 30 days of notification to the IMF of
the Lmpox!tion of the restrictions The United
States notified the IMF of iu ex change restrictions
on November a8. 197,And received no notice of dus
approval from that body.
Revolutionary forces also engaged in consider
able unlawful activity directed against Americans Ln
XIX . protecting
the rights of consular officials snd the security of
consular premuse
ticie 60«I) Special Rapporteur Wdock. Second
Report on the Law of Treaties. (196J) II Y.B. Int'E
L Comm'n 72-76. Restatement «Second) of the For.
in Relations La of the United Stats 4 158
t1985. A. McNair, The Law ot retie $70-$78
run tn 1978 prior to the Ayatollah Khomeind's
turn As shown below, thus ctnvtty ls attributable
eothe current Government of Iran
Sho rtly suer returning to Iran. Ayatollah Kho
+ proclamation 4702. 44 Fed. Res 65581 (1979)
·Executive Order N. 12170 0f November 14
1979.44Fed.Ret 65729 (1979)
Executive Order No. 12205 0f Apr! 7, 1980. 45
Fed. Ret 24099 (1980), Executive Order No 12211
of Abril1T, 1980, 4 Fed Re 26686$ (1980)
+rthermore, the countermeasures were Adopt
ed only After the United Stutes had used every
4allsble diplomatic and legal means to top Iran's
flea) stion, tncludun sppeals directly to Inn and
indirectly through orgun such s the United Na
tiors ad the Internatlon' Court of Justice. See
t16l, et generally authorities cited st 14 M
Whiteman. Digest of International Law 476 (1970)
• The US. countermeasures also were Justified
under Article XX«Md) of the Treaty. which pro
vides that the Treaty shall not preclude the Appl
cation of measures "necessary to protect [s party's)
essential security interests."
meini demanded that all American leave Iman. N.Y,
Times. Feb. 2. I97%. et al. The wees following aw
considembie harmnent of US. nationals In mid
February. smed bands detuned and interrogated
hundreds of American And other foreigner.Int'l
Herald Tribune. Feb. 1$, 1979,t I, col. 6. In March.
the Government of Inn conducted s two-day dem
onstration saint the United Stutes. Id, March 4,
1979, at MArch 15, 1979, at • Over 150.000 Im.n
+ The classic definition of reprisals Lr
Such injurious snd otherwue internationally Il
Cae Concerning United States Dplomate and
Consular Sta'f in Teran (United States of Amenia
v. Iman), (1980) I.CJ. 3, 25, reprinted in XIX Int
Lt MAL. $53 (1980). See also Sutement of Prel
dent Carter tn his report to Congress concerning
the economic unctions in 14 Weekly Corp. ot pres
ans marched on the US. Embey on May 24. de
manding "Death to America,"nd 80.000 Bore
Innisns marched the following day. Id, My 25,
1979,at I
Doc. 614 (Apr~ 14, 1960) (The United Stutes has
legal sct of one stat saint another sd sre excep
tlonally· permitted for the purpose of compelling
the latter to consent to 4 satLfactory settlement of
difference crested by ft» own international delin
quency."
II H. Lauterpscht, Oppenheim's International
Law 110 (1945. The three criteria et forth in the
text are derived specifically from the Nella arbi
tmtion of 1928, (1927-28 Ann. D.. Cave 360. Se¢
used every diplomatic and legal mesns available to
It to end (Inn's Llesl oonduet] but to no «val."
VIG. Hackworth. Digest of International Law 14
15$ (943; 12 M. Whiteman, Di&est of Internation
+fn January of 1979, the Ayatollah Khomeini
Case Concerntn United States Diplomat and
called for s review of all foreign investment prof
ect in Iman Kyhan. Jan 28. I79. At 8. col. 8. Jan
22. 1979 at 6. col. 3. Contmwu terminated that year
Included those involving military procurement. Ee
Coar Stu' tn Tehran (United Stutes of America
Ad La 148-149 (1971; Bowett, "economic Coercion
and Reprual by StAAA." 13 VE J. Lnt'IL 1 (1912
v. Inn, (180 I.CJ 3, 28. reprinted tn XIX Int
Bowett, "Lnternsttora} Law and Economic Coer
cion." 1T Vu.J. Int1L 24$ (1916
Lt. MAt. 653 (1980
Inn ha alleged that the OS unction iolat
+
gens Convention on the Law of pre«ties. Art.
lat. June 22. 197% At 8. col. I, nuclear power st
tlor. Kyhn. June , 1979 At S, col. 2.« damn and
agricultural project. Eels t, September 29, 1979
at H. col • Ands mdar system. Jomhouni Eshsmi,
Nov. , 197%,At T. In early 1980, it wAs announced
that the Revolutlonary Council would review All
ed Article VII And VIII of the Treaty.A explained
above. Iran previously had volsted both o these Ar
00. Special Rapporteur Waldock. Second Report on
the Law of pre4ties, (1963] II Y.B Int'L Comm n
tcles. and several other as well
A Indeed. the sanctions adopted by the United
Buts were in ocord with sanction that would
have been sdopted by the UN.Security Council,
but for s veto by the Soviet Union 16 weekly
Comp. of Pres Doc. 614-615 (Apr) I4. 1980. See
73. Sinha. Unilateral Denunciation of Treaty Be
cue of Prior Violions of Obligations by Other
Pry 215 (196)
The International Law Comm lion of the
oontmcts with oll companies Eels st. January 10
80 at I. col. J
United Nations commented in 196J that i
breach
Durtns the prtng of 1979, the Government of
of treaty. however serious (does) not ipso facto put
an end tos treaty..," Report of the Commission
to the General Assembly, (19643) II Y. B Int'I L
Comm'n 205, accord, In re Lepe»chin, I Journal
du Drott International 1136 (1924 Ann. DK 1923J
Iran snounoed It intention to nationalize firms
which were poorly managed or unprofitable,
Kyhn. March 25, 197%, At S, col I, or whose
al Security Council Draft Reolutlon of January
13. 1980, 36 U.N. SCOR. Supp (Jan.Mar 1980) 10.
U.N. DOC. 8/1373$ (98601, reprinted n XIX Int'T
Let MAt 2564 (980
- 60 -

November 14, 198
CONGRESSIONAL RECORD -- SENATE
S 16059
1924 CASe No 19 dieted vn VI G Hu"kort.
Indeed in hi correspondence th the Mexican
See note 4 pr
De; o! Interns+orui Law 34 1194$ Smlr.
the pabhinst are in gtenent that violation of
government setting lortn the origins! formulation
of the prompt adequate snd etleetve standard
Secretary of Ste Cordell Hu!l ed that phrase
and the term just compensation"interchangeably
These negotiations were reported in the follow
trest does not utomsticu terminate t, but only
marts ft voidable At the op+or of the ggreed
n diplomsuit correspondence Telegram No 105 of
July
19s4. from the Amertsn Embs44y
party .IM Laterprnt. Oppenheim s International
Tehran to the Secretary of Sute , Tele&rAm No 119
Ls 947 «th ed 1955 I Brosnhe, Pnneip'et of
Pubic International LA 61813d ed 1979). See also,
the Venn Convention or the Law of reties. Ar
See. es. 2Dept SLate Bulletin 380 (19401
U.S cour havt also retarded the terms " just
compensatign"And prompt, sequtte and effe
tive compensation"s synonymous See. eg. Banco
of July 16. 1954. (rom the Amert@An Em bAss in
Tehran to the Secretary of SLAt¢, Department of
Stat AirgrAm No. A-18 of July 23. I94. to the
America Embassy t Tehran Tele(TA NO 2I2 of
tiles 65-68 (requiring formal notice to terminate
Naonal de Cuba vi
Chane Manhattan Bank 5OS
treaty, UN Conference on the LA of Trest.
October 16. 94. from the AmeniAn Embasy in
Tehran to the Secretary of State. Department of
Sute Telegram No 963 of November 13J, 154 to
the American Embassy tn Tehran; Telegram No
1176 of November 27. 1954. from the American Em
Do AICONF 3/27, MAy 23. 1969, Restatement
«Second) of the Foreign Relations Law of the
United Stutes 4 156. Comment (1965@The viols
tion of an intern4ions] Agreement does not suto
rustically terminate it."); Sinha, Unilateral Den
F Supp. 4124SDN.Y. 1980. «/d er mod1fwd 458
F.2d 875 «2d Cr 1981
Heunngs on CommercLa] Preti Before the
Subcomm of the Senate Comm. on Foreign Rel
ttons. 63 Con« Ist Ses. 2-3 41959 «RemArs of A
sustat Secretary of Sute for Economic AI[air)
cation of pretty Because of Pnor Violation of Ob
ligations by Other Party 206 (1966)
Restatement «Second) of the Foreign Relations
bsssy tn Tehran t the Secretary of State. Depart
mert ef Sute Telegram No. 1131 0f November 27.
19s4, to the American Er.bassy in TehrAn.
A careful review of US. FCN testy pnctice,
publuhed Just one year prior to the peotntlon of
the Treat of Amity, concluded that the inclusion
La of the United SuAtes 4 158. Comment b (955,
I Lauterpscht, Oppenheims International L 948
t8th ed. 1955, Special RApporLur FYLmnAurice,
Second Report on the Las of Tresties, (1957) II Y
B Int'IL Comm'n 31, Snht Unilateral Denunei
ation of re!r Because of Prior Violations of Obli
tons by Other Purt 215 (166
(PurpoM Of FCN treaties wAs to provide ietal pro
tecton Against expropriation of Lnvestment
Abroad.) Indeed, in forwarding the dratt Treaty of
Amity tu the American Embassy in Tehran on July
24. 1954, the Department of Ste referred to Art!
&le IV(2A the essential nucleus"of the proposed
treaty.Department of SLAt¢ ATTA NO. A-18 of
July 23, 1954. Se also H. Walker, "Treaties for the
Encouragement And Protection of Foreign Invert
ment Present United Stutes Practice," 5 Amn. J
of references in treaty large to the internation
al lw standard does not as/ect the standard of
"Just compensation." t8. neotutor came to
prefer the "Just compensation" and "full equiv
lent"language because it wi regarded s more pre
clse than general references to International lee
see note d. pra, and authorities cited therein.
Comp. L 229 (1956 R. WLson, U.8. Commercial
Treaties And Internation a l L $$-125 (1960. RR.
The Iranian position. LI generally socepued in the
International community, would cast international
treaty practice into interminable chaos. Without
the requirement of formal written notice of term
nation within s reasonable time After sn sieged
breach, no party could ever be certain whether Any
See R. WIon, The International Law Standard In
2reties of the United SLt 82-105 (1953
Furthermore, subsequent actions by the United
N«ton or the Iranian Government do not alter
Iran's obligations under the Treaty. For example,
wLon The International LAw Standard in Tre
es of the United Stat 2-105 (19539
Language virtually identical to that in the
Treaty of Arty ls contained Ln US. FCN trestle
with the following nations Greece signed AuuIt J,
V
given treaty still s considered binding by the
other parties. or. If not when tte treaty supposedly
wis terminated
• Special Rapporteur Lauterpacht, Report on the
1951, TIAS 3051, $ UST I629, lrel ned
Ls of Treaties, (19351 I1 YB Int'IL Comm n 90.
144. accord, e Temple of Preah Vear (Cum bod
Aus 23. 1951. TLAS 248.$ US.T. 450: Denmark,
treaty urned October I, 1951, TLAS 4797, 12 06.T
08: Japan, ned April 2. 1953, T1AS 2863, 4
UST. 2063. Federal Republic of Germany. slsned
October 28. 1954, TLAS 3$91, T US.T. 1839; N&are
in castung Inn's vote in favor of the Cha"er of
Economic Ruhu and Duties of Bute. O.A. Re
3281 (XX1X. Ch. II UN. DOC. A/RES/3J201 (1974
Approved by the U.N. Oenerd Assembly
tn 174.
the Iranian delegate explicitly stated his govern
ments understanding that Approval of the Charter
wa4 without prefudice to snr ArTAnembent4 or
agreements reached between stats oocerind Lin
y. TA)And), (1962 IC.J 32. Te Arbtral Avard
made by te ng af Spain (Honduras v. Ni&A
A, (19601.CJ. 212. Sec also A&Gibb. "Estoppel
ua. simned January 21, 1956. T1AS 4024, $ U8.T
449, Neterlands tgned Mach 27, 1956, TIAS 3942
6 UST 2043. Korea, signed November 28, 1956.
TIAS 3947,8 US.T. 2211, Muscat and Oman. ngned
December 20. 1958. TLAS 4350.I1 US.T. 1835. Pai
vestment and modulltes of compensation tn the
event of nations/lat»on or expropriation of foreign
property." D.N. DOC. AIC.2/SR. 1850, pp 10-11,
quoted in Simmonds ted., Legal Problem of Multi
natiora] Corporations 148 (1977). Thus. a Inn h
tn International Ls" fnt & Comp. LQ. 468
(1958
tThe termination s treaty . .d ooss not affect
any right. obligation or legal situation of the pAr
ties crested through the execution of the treaty
prior to It termination. yens Convention on the
tan, tuned November 12. 195%, TLAS 4683, 12
US.T. 110. France signed November 25. 159, TIAS
4625. 11 US.T. 2398. Bem sued February 2I
1961, TLAS 5432. I4 UST. 1284. Vet-Nam sned
Apr 1. 1961, TLAS 4890, 12 UST. 1103: Lrem
Acknowledged. the standard et by the Treaty ls the
governing las between the United Bute snd Ir
LA of pretties. Art&l 70 () tb), SpA} RADDOr.
teur Wdock. Second Report on the Law of pre
+Thu includes interest from the dat of taking
until the dst compensation ls paid. See Chorzo
ties, (1963)II Y.B Lt'IL Camm'n 94 Spec! RD
poreur FLAurce. Second Feport on the Law of
7reties, (I957) II. Y. B Int L Comm'n 35, A
McNair . Law of Trest4$ 532 (1961
or The phrase "prompt, sdequate snd effective
bowrg. signed February 23. 1962, TLAS 5306, 14
US.T. 251. And To00. 4lned Feb 8. 1966, TL.A.S
6193.18UST I LAnuAge substantially similar to
that in the Treaty of Amity ls contained in U.S.
CN treaties with Republic of China, signed No.
vember 4, 1946. 63 SLAL 1299, TIAS 187I ¢without
due process of law sand without the prompt pav
ment of Just snd effective compensation" Italy
Factory Case, P.C.LJ, Ser. A No. IT At p. 47; Nor
vegan Shipowner' Ce (Norway v, UB.), I R
Int'I Arb. Ards 108 (1922, OECD Draft Conven
tion on the Protection of Foreign Property. Art. 3,
Note $,T Int!LAE. MAL. 11T (968 &
M Wieman.
Digest of International LAw 1166-92(1967).
compensation"Ls s legal term of srt which de
scribes the measure of compensation that s suAte l4
required t psy for the expropriation of property of
aliens. The term Li understood to mean payment
withins reasonable time s/er expropriation of the
see e9, Norwegian hipovnen Ca (Norway
v. US).IR Int! Arb. Aw+ 308 (1922, OECD
Draft Convention on the Protection of Foreign
Property. Art. , Comment $G, T LL.M. 117, 127
(1968, Sohn and Baxter, "Convention on the Inter
nations Responsibility of States for LnJurten to
fir market value of the expropriated properly in s
readi ly converuble currency. The United Stutes bA6
ined February 2, 1948, 42 BLA. 2255. TLAS 196
(without due process of lw snd without the
prompt payment of just and effective compensa
ton"; Ireland. @ned JAuAry 2I. 194, TIAS 2155.
I UST 85¢without the prompt payment of Just
sud effective tomnpenation" Etoma signed Sep
long maintained that. in the absence of the pretty
of Amity, Customary [nLrAtiOraA] law would re
quir e compensation for the expropriation of pS
Aler," FAN Dr!t, in Carcia-Amador, Sohn and
Baxter, Recent Codi!cation of the Law of Stat¢
Responsfbulity for Lnfuries to Allen4 133, 203 41974
property to be prompt, adequate and effective." A
ember 1, I951, TLAS 2884. 4 0.S.T. 2134 ¢without
the prompt payment of Just And effective compen
aton"; and Th@land signed My 28, 1966,
TL.A.B. 6540, 19 US.T. 5843 ¢fthout due process
of law or without payment of fut compenat.on")
«Sec ep, United State v. $64.S4 Acre of Land
V
hown herein, this Ls also the standard imposed by
the treaty
For elaborations upon the meaning of prompt,
Adequate and effective, we "Expropriation of
American Investments Abroad." Memomdum by
the Office of the Legal Advier, Department of
441 US. $06 (979, Amot Farmer Elevator 4
'arehoue Co.v. Umued State, 409 0S 470 (1973
Less than three yen before the Treaty of
United State v, Virgint Electric Poer Co.3CS
US. 62441961, United States v. Mer, IT US 3J6$
(19431, Olon v tatted Stte, 292 US. 246 (19941
Amnlty w peotisted, W. Averell Harriman. serv.
Ln i pecin emissary from the U.S. to Iran, sent a
note to pLme Minuter Mossdegh
Modern economics universally reoonites that
State. ereerptd n M. Whiteman, Diet of Inter.
national Law 1143 (1967, DepAment of Btate
GIST, July 197&. excerpted in 1978 Dest of United
Stutes PAcct In International Law 1226.27 Ad
tn
the value of property l determined by Its cups[ty
which he
dress ot Rich.Ard Smith, Duector of the Office of
Investment A!fir. Department of BtAte, at Van
derbit University (April 9, 176), excerpted in 1976
Digest of United SLtas Prte in International
L 4431, 444. 193¢ orte»pondence between United
made clear the US. ves that prompt, sdequate
and effective compensation murt be
paid for erpro
printed property.
Specifically. he stated
"AI have pointed out to Your Excellency. tn
the
view of the United Sute Government the setzrure
by snygovernment of foreign-owned sets without
either prompt, sequst snd effective oompen
ton or alternatve srmngetent satisfactory to
the
former owner ls, regardless of intent, confiscation.
.,There must be more than s w1linnet to pay;
there must be sn ability to do so Ln sn effective
form."
Reply of September IS, 1951. from Mr Harriman
to genemute future income. Se e0, J liars.
The Theory of Investment Value I (1938) ((ln
the end al prices depend on someone's estimate of
future income."I Fher, The Theory of Interest
12(94 «d.)@The vsue of any property...A
value sis source of tnoome. ..");E Bolomo & J
Ptnle. An Introduction to nAncla} Mana ment
25 (1980 e ((Te ate-old concept that the
value ofan4set depends not on ft 0oat or IL pAt
uefulnes but on It future usefulness .. under
lies the modern theory of value.") Set alo S Prutt,
Valutns a Business Enterprise. 28-29 (1981
Stutes and Mexico, excerpted in VI Hackworth,
Diet of International Law 65$-65 (1942) (f\rt for
mulaton of "prompt, sdequate sand effective"
standard by DS .: Restatement (Second) of the
Foreign elations Law of the United Stutes. Sec
tions 167-190 (065, I. Brownlie. Principles of
Pubic International LA $33-$36 «3d ed. 1979)
or1n hearings on other FCN treaties wIth irtut.
ly identical language. the standard of compensation
et forth there in ss described by the Stat¢ De.
e set. eg, Sapphire International Petroleum v
National Irenian O Co., LL.R. 136 (1963
to Dr. Mossddeh. reprinted tn Royal Int!tut of
International A[Aim, Document» on International
AMfr At $10 (Oxford 1951), @voted ts a. White,
Nationaltation of Foreign Property 184 (1961)
Coro Factory Care, (1928» PC.LJ. Ber. A, No
IT, Dela@oa Bay and Fant A/ncan Fatlay Compa
partment s "prompt, Jut snd elective." Hering
on Commerctu] pestles Before the Subcomm. on
Commercial pretties and Consular Conventions of
the Senate Comm. on Foreign Relations, 82 Con
2d Se.8 (952(Remarks of Deputy Assistant Sec
retry of Bute for Economic AI[airs.) (proposed
Iran ha openly acknowledged that It entered
ny Case «Great Bruin & US. • Portugal, J Whi
eman, Damage in InternatiorA} Law 1694.1703
(1943. Seidt Case tU.S. t. OuAtemal). 2R. Lt
unto the Treaty of Amity and other international
obligations involving the protection of foreign in
vestment because of tu desire to attract Apital sd
technology from developed countries Se U.N Doc
Arb. Asrdt, 1080 (129; Lena Gold/id Ltd
(1930 (unpublhed opinion), 36 CorneL L Q. 42
(1950, Norvegan Shipovnen' Claim (Norway v.
Unitd State). I R. Int'I Arb. AwArd4 $08 (1922
A/C. a2/8R 1850. pp. I0-II. quoted tn Simmonds
FCN treaties between the US. And Coloubi,
LmeI, Ethiopia. Iuay. Denmark and Greece. The
subject treaties required payment of "Just compen
tion."
(ed.). Lta Problems of MultinatlonA Corporations
14$ (1977). Ttus. Inn fully reconud and accept
Paletne Relay Cane, dicuned in J. Wetter and
S. O Schwebel. Some Little Known Case on Con
cessions" 40 Brit. Y.B. Int} L 183, 222-211 41964
ed Its obligation to pay full compenstlon for the
expropriation of property owned by UB national4
May v. Guatemala.} M Whiteman, Dames in In.
ternationAl LA 1704-1710 (1964; Lightoe Arb
- 61 -

1411
S 16060
CONGRESSIONAL RECORD -- SENATE
November 14, 1983
tatun tFranee» Greece+a2 LR 299«Perm Ct partment Pres Release No 60 «December 30
eerily snd ts preruse ts that rnr!et
Art 1960. Cape Morn Pg@on Caw tL.S Rusu+, 195% «rcerpted n 4 Dept of State Bullett No
,
ad@atrly dealt wth vnlen et n the total e
R Intl Arb Ards 63 «9021 Amimui Arbutrs 910. t 1I8 (Feb 2 1976¢foreign mestors art
ton XXI Int' L MA! 976. 1013J +1982 TOCO en~tied to the fair market value of then nter
CALASAATIC Arbitration. S3 ILR 41977, R L u
hen International Claims Postwar Brts Pett
TS includes. of toure all of the events hen
ate n wen t to erst A
petaled pest
tent Agreemnent base on i
narroser prern
would be to that tent unreastt and rad
4Gutt¢
114 41967% Set al ties cited in Hkworth. constituted or resulted tn the expropriation It also
Dest of International La 128.13141943%
includes the prospect of the expropriation eh
Se Address of Richard J Smith. Director of ultimately ocruns. other expropriations ty the Go
the Otte of Investment A1firs. Dept of State at ernment. and the general conduct of the Govern
Vanderblt University. April 9 1976 «rcerptrd n ment which makes such expropriations luely
nee treaties focus. in fundamental terns of
197 Dest of United States Pruette in Interns r gee Lghthoune Arbitration, 23 ILR 299
ions L 444
41956», Chorov Factory. (1928 PC.LJ Ser A. No
As noted above. in the case of An opera'ans en IT,I Hudson. World Court Report 646. Nonvean
terprise far market slut is equnalent to the Shipowner1 Clams I R Int Arb AwArds 08
tong concern' value of the enterprise See sources n1922, Manpo Clamm. T Ann Dg a255 119331
tied at notes and 60,nfra In sumne instances. Cae concerning te Bare@lone racton. Lght and
enduring value over the long runt.upon the Lunt
between polity favorable and poty unfavorable to
foreign investment namely. hospitality to and
equahty for the foreigner under the l an dd re
4pet for hus penon and property"
H Walker pesties for the Encouragement and
protection of Foreign Investment Present Unned
Suates Pcuce."_ Am J. Comp L 229, 246-24
(1956+ temphaAsu added, Thus, the promise msde
by Iran in tne Treaty of Amity w not mere to
mart for s parcular enterprse may not exist Power Company Ltd (Belgium v. Spain, (1970]
and. therefore. the far market flue of t prop- L.CJ $. 4 LRR I (Separate Opinion of Judge
et rust be determid througn mndirrt meAns Gros, Restatement (Second of foreign Rel4ton
One method for determmng indrectiy the fair La of the United States. 4188. Comment b (1965),
market value of s or« concern us the discounted OECD Draft Convention on the Prot&ton of For
ch flo method. under sch the total amount of egn Property Art. 3, Comment 9, Intl L
protect property of US nationals against vioience
but to provide s favorable clunate for US invest
ment And it was in rel@net upon thus promise that
US nationals invested tn Iran Set note 47, #Npr¢
future net income from an entrpre s discounted MAt 117, 127419681 Sohn and Barter. Convention
by the time value of money and the degree of rusk on the International Responstbt of States for
assorted with the future income to den« tbt Inures to Aliens,Fnal Draft. in Cart Amador.
present valut of the assets future 'neome stream Sohn and Baxter Recent Codification of the LA
2:-E::.-::::7 B:zr..r :.:c::%:
hie similar anticipated cash floss snd wmuch re.tonsled Property by the Foreign Claims Settle
tent ha¢ been Ascribed withs fair market slue ment Comrson," in The Valuation 0f National
See ee Ct of bodr Lovvane Pover d e Property in International Las 97 n.13 (972
ht Co,373F24870«5tn Cir. 1967 cert denied. "Expropriation of Ameroan Investment Abroad.
sdmnussron by Iman that it executed the Treat of
Amity in order to Attract foreign investment ind
technclotv to Irr» rans total bdiestion of this
responsibhty in favor o! an overt pohey of virulent
ant-Amenessmn was tn itself s violation of the
peaty of Amity
• customary international la alto imposed on
Inn the duty to provide the most constant pro
tion and security" to US nationals in Iman Ser
'EE'3:472% BC.:'{:EE.:TEI:
Case Concerning Barcelona Lght Power and Trac
Beiley Umtrd State1 325 F.2 S1 «1st Cir 19631, (1967» Cf Banco Naeonal de Cuba v. Chase Man
Fernetd Gardens. Inc v Umted Stats, 306 t 2d hatan Bank 658 F 2 875 «2d Cir. 198)«Value of
167 t9uh Cr 1962, United States v Lavell ood will at tumne of expropriation arbitrartly tn
Ponder, Inc., 286 F.2d 398 (5th Cr I961», cert eluded tn "book value"of company not part of fair
dend, 366 US 944 (1961 Cal By Corp v. market value
United Stats 169 F 2d 1 «th Cr 1948 cert See suthonues cited st note 62. rvpr For the
denied 335 US 859 (19480, United States, v Cer. relationship between those two provisions of Arti
tan Intrrets n Property 20 F Sup 745 (D
cle IV«p we note 0. pr
Mont 1962
++Thus for smnpiet. three years before the
+ See McCosker, "Book Values in NationalAtion Treaty of Amity was signed. the Legal Advuser of
ton Company. Ltd, (1970) I.CJ 1. 46 LL.R 1
OECD Drat Convention on the Protection of For
eign Property. Artile I, Note , 1 Intl Lt Mat
117, 120 (1968», Restatement (Second) of the For
eign Relations Law of the United Stat 4 183
(19651, C EA&leton. The Responsibility of Sutes in
International Law $7.$2 41928), Sohn and Baxter
Conventuon on the International Responsibility of
States for Injures to Alert," Final Draft. in
Garcia Amador, Sohn and Baxter, Recent Codfic
Settlements.II Lillich td The Valuation of N. the Department of Stat¢ descnibed to Congress the
tonslued Property in International Law 1-I meaning of virtually identical language in other
t91» tBool value generally understates vslut of CN treaties
an enterprise Dept+ of State Note to the Govern- "Compenation based on the value of the initial
ment of the LJbysn Arab Republic. dated Septem- investment told not meet t tandard of te
ton of the La of Sue Responsibility for Inures
to Aens 133. 234-240 (1974 Given ts purpose of
establishing enduring friendship and commerce be
ber 14. 173. Dept of State File N D130067-0256. treaty or of international law. t it vere le tan
tween the parties. the Treaty of Amity must be rt
Ardd as providing s standard of protection broad
er than that of customary International law See
excerpted tn 1975 Digest of United SuAtes Practice te vale at te tme of tang
in Intern»tons LA 489.490¢net book value for.
See Commercial Treaties, Hearings Betore s Sub
note d,+pr
muls for compensation proposed by Libya did not comm. ol the Senate Comm. on Foreign Relations,
ats!y requirements of prompt. adequate and eflec &2nd Cong.. 2d Sens 12 (1952 (SuLement of the
tive compensation, Address of Richard J. Smith, O(fee of the Legal Adver) (proposed Treutel of
Director of Office of Investment A!furs. Depart. Pnendship, Commerce and Navigation between the
ment of State. at Vanderbnlt Unverty. Apr) $. United State and Colombis. Israel. Ethiopia. Italy,
1976 excerpted in 1976 D&est of United States Denman And Greece) (Emphasis added.) The sub
Practice in International Law 444 tRReplacement eet treaties required payment of Just compenss
cost generally l less acceptable than ount con- ton."
tern"value. and boot value is the least acceptable See pages 7-10. pr
method of vlustron.
» pretty of Amity, Ar IV, Se alo Universal
Declaration of Human Rht. Art. 1742.GA. Res
217A. UN DO¢ A/8IO, AL TI (946», OECD Drt
Convention on the Protection of Pore@n Property.
Arule I, Note 1, T Int'T LA. MAt 117. 121-122
(1968)F V. Garch Amador, Drat Articles on the
Responsibility of the State for Injuries Caused n
ft Territory to the Peron or property of Ahens"
en hu concurring opinion in Induntnet
e For example. in the 1920s. the United States Inc. v, Te llam Republic of Iran, Aw1rd No.47
neotuatd An FCN treaty th Eston 44 Stat 1568-2. (May 26. 1983» «man-United Stutes Claims
tn Orce Amador. Sohn and Bxr. Recent Codif
cation of the Law of Sate Responsibility for In)u
res to Ahens 42-431 (174, Sohn and Baxter. "Con
ventton on the International Responstbihty of
$
41925% which required payment of " just com. TribunAD. Judge Aldrich observed. at page 12. that
-..Zz«ZEE.:: 2{:.EE:EE:.z-:
Stats for Inures to Aens," Fina Draft, in Id at
164.176
peaty of Amity. Art. IV«; See also Universal
Declaration of Human Right. Ar1A 2.•G.A Res
2IA. UN DO¢ A/8IO, AL 1 (948, OECD Draft
Convention on the Protection of Foreign Property,
Arucle I, Not 1, T Int'I Ls. Mt 117, 122 (1966
Restatement (Second of the Foreign Relations
Law of the United SLAte 4 164 (1945»
Just compensation required payment of the market sat/on under international law." Lins aside the
value of property (plus interest from the date of er- legs) status of the revolution ti s eneruled
proprtaton until the date of settlement. These net. whole, it is clear beyond doubt that certain specific
otauions were described in s esdnt work on US. actions taken during the revolution were "wrongs
PCN TreAty prctt. published one year prior to for which international law provides s remedy
the negotiation of the Treaty of Amity See R. Buch wrong include the expropriation of property
Wilson, The International Las Standard un pres of the United Stutes or It nALinAls without oom
ties of th U.S.98 (19$.
.
pens«tion And the failure of the government to pro-
+ George S Pron t#ranee v. United Men¢an
Similarly. the Legal Adviser to the Department of vide UB. national and thetr property with the
State wrote in I2that.
State. S. R. Int. Arb. Awards 327 (928. Bolnar
most cont4nt protection snd eurity.' Ai thown
The Department of State ha trdrtionaly de. above. in valuing expropriated property. the pr1bu
fined fair compensation s adequate. prompt snd nal should dregard the effects of all unlawful sct
effectn payment .++.In the cse of sn operating Attributable to the Government of Iran
enterprise. sequste compensation ls usually con- The cope of this protection is o be interpreted
sidered to be sn smount representing the market in light of the overall purpose of the Treaty to i
Ry Company Case (Great Brian Venezuela),$
R. Inti Arb Awards 445 (1903. Dur Ca (United
Sutt Venezuela), $ R Int'I Arb Awards 1l$
(1902,8 M whiumAn, Diet of International Law
819-824 (1967,VO. Hackworth, Diet of Interns
tions} Law 681-482 (194 Sohn and Barter, "Con
vention on the International Responsibility of
Stutes for (Juries to Allens," Final Draft. in
value or oin concern" value of the enterprue. tablush friendship sand commeroe between the two
calculated s tf the expropriation or other govern- nations snd. in particular. to provide for the protec
mental set decreasing the value of the business had tlon of foreign investment The Treaty contains u
not occurred and w not threatened
merout provunions tntended to foster s favorable cl±
0arcs Amador, Sohn and Barter, Recent CodificA
tion of the La of State Responsibitty for Injuries
ExproprMton
of American Investments mat for US investment in Inn. St provisor
Abroad Memorandum by the Office of the Legal cited at note 2I. #pre See alo Art. I of the Trey
Adviser. Department of State. ertempted ins White. (There hall be firm snd enduring pesce and sin
man. Dest of International La 1143 «1967). Set cert frendsp between the United States of Amer
also Restatement (Second of the Foreign Rel lo and Iran." As one leading commentator on US
tions La of the United States 4 I88 Comments s FCN trestis wrote in s much-cited article. pub
an b(19651, Department of Sute GIST July 1978, lhed dunns the ratification of the Treaty of
to AI&r4 133. 267.260 (1974, 2DP O'Connell. In.
ternational Lw 96. t2nd ed 1970, Restatement
«Second» of Foreign Relations Law of the United
Suter 44 109, 110 (1965. A.H Feller, The Mexican
Clutts Commission 1$6-1, 163 (1935
n+ The Claims Settlement Declamation ls one of
«cerpted tn 197$ Digest of United Stutes Pracuce Amity,
n International Las 1226.27, Address of Richard J
In s real wnae.therefore. te FCN treaty
«
the Declamation of the Democratic And Popular
Republic of Algeria punusnt to which the Iran
United States Caimi p(bunAl w establLhed Se
Smith, Drector of Office of Imvestment Affair hole an investment treaty. not s mosaic which
Department ot Sutt. at 'Anderbnt Unnenity, merely contains ducret investment segment It
April
$
1976, ereerpied n 1976 Digest of United retards and trests investment
di
s prores
in
note I uprs Article V of that Declaration pro
vides that [t)he TribunA] hAl decide all cases on
the besu o respect for law
State Pruette in International L 444. SLAt De ertre%bl woven into the fabric of human 4(fur
.
- 62 -

Annex 6
Treaty of Friendship, Commerce and Navigation between Denmark and the United
States of America, signed on 1 October 1951
Excerpts: p.1 & pp.8-9

- 63 -

- 64 -

No. 6056
lJNl'I'ED STATES OF AMERICA
and
DENMARK
Treaty of Friendship, Commerce and Navigation (with
Protocol and minutes of interpretation). Signed at
Copenhagen, on I October 1951
Official texts: English and Danish.
Registered by the United States of America on 30 January 1962.
~TATS-UNIS DAM~RIQUE
et
DANEMARK
Trait~ damiti~, de commerce et de navigation (avec Pro
tocole et proc~s-verbal dinterpr~tation). Sign~
~ Copen
hague, le 1
er
octohre 1951
Textes officiels anglais et danois.
Enregistr~ par les Etats-Unis d' Am~rique le 30 janvier 1962.
- 65 -

118
United Nations -Treaty Series
1962
allocable or apportionable to its territories, nor grant deductions and exemptions less
than those reasonably allocable or apportionable to its territories. A comparable
rule shall apply also in the case of companies organized and operated exclusively
for scientific, educational, religious or philanthropic purposes.
5. Nothwithstanding the provisions of the present Article, each Party may :
(a) accord specific advantages as to taxes, fees and charges to nationals, residents and
companies of third countries on the basis of reciprocity, if such advantages are simi
larly extended to nationals, residents and companies of the other Party; (b} accord
to nationals, residents and companies of a third country special advantages by virtue
of an agreement with such country for the avoidance of double taxation or the mutual
protection of revenue ; and (c) accord to its own nationals and to residents of contig
uous countries more favorable exemptions of a personal nature with respect to income
taxes and inheritance taxes than are accorded to other nonresident persons.
Article XII
1. Nationals and companies of either Party shall be accorded by the other
Party national treatment and most-favored-nation treatment with respect to pay
ments, remittances and transfers of funds or financial instruments, between the
territories of the two Parties as well as between the territories of such other Party
and of any third country.
2. Neither Party shall impose exchange restrictions as defined in paragraph 5
of the present Article except to the extent necessary to assure the availability of
foreign exchange for payments for goods and services essential to the health and wel
fare of its people and to prevent its monetary reserves from falling to a very low level
or to effect a reasonable increase in very low monetary reserves.
It
is understood
that the provisions of the present Article do not alter the obligations either Party
may have to the International Monetary Fund or preclude imposition of particular
restrictions whenever the Fund specifically authorizes or requests a Party to impose
such particular restrictions.
3. If
either Party imposes exchange restrictions in accordance with paragraph 2
above, that Party shall make provisions at the earliest possible date and to such an
extent as may be practicable for the withdrawal of : (a) the compensation referred to
in Article VI, paragraph 3, of the present Treaty, (b) earnings, whether in the form of
salaries, interest, dividends, commissions, royalties, payments for technical services,
or otherwise, and (c) amounts for amortization of loans, amounts originating from
depreciation of direct investments, and capital transfers; however, transfers dealt
with under (c) shall be considered in the light of special needs for other transfers.
No. 6056
- 66 -

120
United Nations Treaty Series
1962
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 exchange transfers, is just and reasonable.
4. Exchange restrictions shall not be imposed by either Party in a manner
unnecessarily detrimental or arbitrarily discriminatory to the claims, investments,
transport, trade, and other interests of the nationals and companies of the other Party,
nor to the competitive position thereof. Each Party shall afford the other Party
adequate opportunity for exchanging views at any time regarding problems that
might arise from the application of the present Article.
5. The term "exchange restrictions" as used in the present Article includes all
restrictions, regulations, charges, taxes or other requirements imposed by either Party
which burden or interfere with payments, remittances, or transfers of funds or of
financial instruments between the territories of the two Parties.
Article XIII
Commercial travelers representing nationals and companies of either Party
engaged in business within the territories thereof shall, upon their entry into and
departure from the territories of the other Party and during their sojourn therein, be
accorded most-favored-nation treatment in respect of the customs and other matters,
including, subject to the exceptions in Article XI, paragraph 5, taxes and charges
.applicable to them, their samples and the taking of orders.
Article XIV
1.
Each Party shall accord most-favored-nation treatment to products of the
other Party, from whatever place and by whatever type of carrier arriving, and to
articles destined for exportation to the territories of such other Party, by whatever
route and by whatever type of carrier, in all matters relating to customs duties and
other charges, and with respect to all other regulations, requirements and formalities
imposed on or in connection with imports and exports.
2. Neither Party shall impose any prohibition or restriction on the importation
of any product of the other Party, or on the exportation of any article to the
territories of the other Party, that:
a) if imposed on sanitary or other customary grounds of a non-commercial nature or
in the interest of preventing deceptive or unfair practices, arbitrarily discriminates
No. 6056

- 67 -

- 68 -

Annex 7
Treaty of Friendship, Commerce and Navigation between the Republic of Korea and
the United States of America signed on 28 November 1956
Excerpts: article XII

- 69 -

- 70 -

Treaty of Friendship, Commerce and Navigation between the
United States of America and the Republic of Korea
The United States of America and the Republic of Korea, desirous of strengthening the bonds
of peace and friendship traditionally existing between them and of encouraging closer
economic and cultural relations between their peoples, and being cognizant of the
contributions which may be made toward these ends by arrangements encouraging mutually
beneficial investments, promoting mutually advantageous commercial intercourse and
otherwise establishing mutual rights and privileges, have resolved to conclude a Treaty of
Friendship, Commerce and Navigation, based in general upon the principles of national and of
most-favored-nation treatment unconditionally accorded, and for that purpose have appointed
as their Plenipotentiaries,
The United States of America:
Walter Dowling, Ambassador Extraordinary and Plenipotentiary of the United States of
America to the Republic of Korea, and
The Republic of Korea:
CHO Chung-whan, Acting Minister of Foreign Affairs of the Republic of Korea,
Who, having communicated to each other their full powers found to be in due form, have
agreed upon the following Articles:
ARTICLE I
Each Party shall at all times accord equitable treatment to the persons, property, enterprises
and other interests of nationals and companies of the other Party.
ARTICLEll
I. Nationals of either Party shall be permitted to enter the territories of the other Party and to
remain therein: (a) for the purpose of carrying on trade between the territories of the two
Parties and engaging in related commercial activities; (b) for the purpose of developing and
directing the operations of an enterprise in which they have invested, or in which they are
actively in the process of investing, a substantial amount of capital; and (c) for other purposes
subject to the laws relating to the entry and sojourn of aliens.
2. Nationals of either Party, within the territories of the other Party, shall be permitted: (a) to
travel therein freely, and to reside at places of their choice; (b) to enjoy liberty of conscience;
(c) to hold both private and public religious services; (d) to gather and to transmit material for
dissemination to the public abroad; and (e) to communicate with other persons inside and
outside such territories by mail, telegraph and other means open to general public use.
3. The provisions of the present Article shall be subject to the right of either Party to apply
measures that are necessary to maintain public order and protect the public health, morals and
safety.
ARTICLE III

- 71 -

4. Nationals and companies of either Party shall be accorded within the territories of the other
Party national treatment and most-favored-nation treatment with respect to disposing of
property of all kinds.
ARTICLEX
L. Nationals and companies of either Party shall be accorded, within the territories of the other
Party, national treatment and most-favored-nation treatment with respect to obtaining and
maintaining patents of invention, and with respect to rights in trade marks, trade names, trade
labels and industrial property of every kind.
2. The Parties undertake to cooperate in furthering the interchange and use of scientific and
technical knowledge, particularly in the interests of increasing productivity and improving
standards of living within their respective territories.
ARTICLE XI
I. Nationals of either Party residing within the territories of the other Party, and nationals and
companies of either Party engaged in trade or other gainful pursuit or in scientific,
educational, religious or philanthropic activities within the territories of the other Party, shall
not be subject to the payment of taxes, fees or charges imposed upon or applied to income,
capital, transactions, activities or any other object, or to requirements with respect to the levy
and collection thereof, within the territories of such other Party, more burdensome than those
borne by nationals and companies of such other Party.
2. With respect to nationals of either Party who are neither resident nor engaged in trade or
other gainful pursuit within the territories of the other Party, and with respect to companies of
either Party which are not engaged in trade or other gainful pursuit within the territories of the
other Party, it shall be the aim of such other Party to apply in general the principle set forth in
paragraph 1 of the present Article.
3. Nationals and companies of either Party shall in no case be subject, within the territories of
the other Party, to the payment of taxes, fees or charges imposed upon or applied to income,
capital, transactions, activities or any other object, 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.
4. In the case of companies of either Party engaged in trade or other gainful pursuit within the
territories of the other Party, and in the case of nationals of either Party engaged in trade or
other gainful pursuit within the territories of the other Party but not resident therein, such
other Party shall not impose or apply any tax, fee or charge upon any income, capital or other
basis in excess of that reasonably allocable or apportionable to its territories, nor grant
deductions and exemptions less than those reasonably allocable or apportionable to its
territories. A comparable rule shall apply also in the case of companies organized and
operated exclusively for scientific, educational, religious or philanthropic purposes.
5. Each Party reserves the right to: (a) extend specific tax advantages on the basis of
reciprocity; (b) accord special tax advantages by virtue of agreements for the avoidance of
double taxation or the mutual protection of revenue; and (c) apply special provisions in
allowing, to non-residents, exemptions of a personal nature in connection with income and
inheritance taxes.
ARTICLE Xll
- 72 -

I. Nationals and companies of either Party shall be accorded by the other Party national
treatment and most-favored-nation treatment with respect to payments, remittances and
transfers of funds or financial instruments between the territories of the two Parties as well as
between the territories of such other Party and of any third country.
2. Neither Party shall impose exchange restrictions as defined in paragraph S of the present
Article except to the extent necessary to prevent its monetary reserves from falling to a very
low level or to effect a moderate increase in very low monetary reserves. It is understood that
the provisions of the present Article do not alter the obligations either Party may have to the
International Monetary Fund or preclude imposition of particular restrictions whenever the
Fund specifically authorizes or requests a Party to impose such particular restrictions.
3.IF either Party imposes exchange restrictions in accordance with paragraph 2 of the present
Article, it shall, after making whatever provision may be necessary to assure the availability
of foreign exchange for goods and services essential to the health and welfare of its people
and necessary to the avoidance of serious economic instability, make reasonable provision for
the withdrawal, in foreign exchange in the currency of the other Party, of: (a) the
compensation referred to in Article VT, paragraph 4, (b) earnings, whether in the form of
salaries, interest, dividends, 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
exchange transfers, is just and reasonable.
4. Exchange restrictions shall not be imposed by either Party in a manner unnecessarily
detrimental or arbitrarily discriminatory to the claims, investments, transport, trade, and other
interests of the nationals and companies of the other Party, norto the competitive position
thereof.
5. The term "exchange restrictions" as used in the present Article includes all restrictions,
regulations, charges, taxes, or other requirements imposed by either Party which burden or
interfere with payments, remittances, or transfers of funds or of financial instruments between
the territories of the two Parties.
6. Each Party shall afford tire other Party adequate opportunity for consultation at any time
regarding application of the present Article.
ARTICLEXlll
Commercial travelers representing nationals and companies of either Party engaged in
business within the territories thereof shall, upon their entry into and departure from the
territories of the other Party and during their sojourn therein, be accorded most-favored-nation
treatment in respect of the customs and other matters, including, subject to the exceptions in
paragraph S of Article XI, taxes and charges applicable to them, their samples and the taking
of orders, and regulations governing the exercise of their functions.
ARTICLE XlV
I. Each Party shall accord most-favored-nation treatment to products of the other Party, from
whatever place and by whatever type of carrier arriving, and to products destined for
exportation to the territories of such other Party, by whatever route and by whatever type of

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Annex 8
Treaty of Friendship and Commerce between Pakistan and the United States of
America signed on 12 November 1959
Excerpts: article XII

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TAC Program - Making Trade Agreements Work for You!
tcc.export.gov/trade_agreements/all_trade_agreements/exp_005355.asp
Pakistan Friendship and Commerce Treaty
PAKISTAN
Friendship and Commerce
Treaty, with protocol, signed at Washington November 12, 1959;
Ratification advised by the Senate of the United States of America August 17, 1960;
Ratified by the President of the United States of America August 29, 1960;
Ratified by Pakistan October 3, 1960;
Ratifications exchanged as Karachi January 12, 1961;
Proclaimed by the President of the United States of America February 1, 1961;
Entered into force February 12, 1961.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
WHEREAS a treaty of friendship and commerce between the United States of America and Pakistan,
together with a protocol relating thereto, was signed at Washington on November 12, 1959, the originals
of which treaty and protocol, being in the English language, are word for word as follows:
TREATY OF FRIENDSHIP AND COMMERCE BETWEEN THE UNITED STATES OF AMERICA AND PAKISTAN
The United States of America and Pakistan, desirous of strengthening the bonds of peace and friendship
traditionally existing between them and of encouraging closer economic and cultural relations between
their peoples, and being cognizant of the contributions which may be made toward these ends by
arrangements encouraging mutually beneficial investments, promoting mutually advantageous
commercial intercourse and otherwise establishing mutual rights and privileges, have resolved to
conclude a Treaty of Friendship and Commerce, based in general upon the principles of national and
most favored-nation treatment unconditionally accorded, and for that purpose have appointed as their
Plenipotentiaries,
The President of the United States of America:
Christian A. Herter, Secretary of State of the United States of America, and
The President of Pakistan: Zulfikar Ali Bhutto, Minister for Commerce of Pakistan,
who, having communicated to each other their full powers found to be in due form, have agreed upon
the following Articles:
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1. Nationals and companies of either Party shall be accorded, within the territories of the other Party,
national treatment and most favored-nation treatment with respect to obtaining and maintaining
patents of invention, and with respect to rights in trademarks, trade names, trade labels and industrial
property of every kind.
2. The Parties undertake to cooperate in furthering the interchange and use of scientific and technical
knowledge, particularly in the interests of increasing productivity and improving standards of living
within their respective territories.
ARTICLE XI
1. Nationals of either Party residing within the territories of the other Party, and companies of either
Party engaged in trade or other gainful pursuit or in scientific, educational, religious or philanthropic
activities within the territories of the other Party, shall not be subject to the payment of taxes, fees or
charges imposed upon or applied to income, capital, transactions, activities or any other object, or to
requirements with respect to the levy and collection thereof, within the territories of such other Party,
more burdensome than those borne by nationals and companies of such other Party.
2. With respect to nationals of either Party who are not resident within the territories of the other Party,
and with respect to companies of either Party which are not engaged in trade or other gainful pursuit
within the territories of the other Party, it shall be the aim of such other Party to apply in general the
principle set forth in paragraph 1 of the present Article.
3. Nationals and companies of either Party shall in no case be subject, within the territories of the other
Party, to the payment of taxes, fees or charges imposed upon or applied to income, capital,
transactions, activities or any other object, 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.
4. In the case of companies of either Party engaged in trade or other gainful pursuit within the
territories of the other Party, and in the case of nationals of either Party engaged in trade or other
gainful pursuit within the territories of the other Party but not resident therein, such other Party shall
not impose or apply any tax, fee or charge upon any income, capital or other basis in excess of that
reasonably allocable or apportionable to its territories, nor grant deductions and exemptions less than
those reasonably allocable or apportionable to its territories. A comparable rule shall apply also in the
case of companies organized and operated exclusively for scientific, educational, religious and
philanthropic purposes.
5. Each Party reserves the right to: (a) extend specific tax advantages on the basis of reciprocity; (b)
accord special tax advantages by virtue of agreements for the avoidance of double taxation or the
mutual protection of revenue; and (c) apply special provisions in allowing, to nonresidents, exemptions
of a personal nature in connection with income and inheritance taxes.
ARTICLE XII
1. Nationals and companies of either Party shall be accorded by the other Party national treatment and
most-favored-nation treatment with respect to payments, remittances and transfers of funds or
financial instruments between the territories of the two Parties as well as between the territories of
such other Party and of any third country.
2. Neither Party shall impose exchange restrictions as defined in paragraph 5 of the present Article
except to the extent necessary to prevent its monetary reserves from falling to a low level, to effect an
increase in the reserves in order to bring them up to an adequate level, or both. It is understood that
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the provisions of the present Article do not alter the obligations either Party may have to the
International Monetary Fund or preclude imposition of particular restrictions whenever the Fund
specifically authorizes or requests a Party to impose such particular restrictions.
3. If either Party imposes exchange restrictions in accordance with paragraph 2 of the present Article, it
shall, after making whatever provision may be necessary to assure the availability of foreign exchange
for goods and services essential to the health and welfare of its people, make reasonable provision for
the withdrawal, in foreign exchange in the currency of the other Party, of: (a) the compensation referred
to in Article VI, paragraph 4, (b) earnings, whether in the form of salaries, interest, dividends,
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 exchange transfers, is just and reasonable.
4. Exchange restrictions shall not be imposed by either Party in a manner unnecessarily detrimental or
arbitrarily discriminatory to the claims, investments, transport, trade, and other interests of the
nationals and companies of the other Party, nor to the competitive position thereof.
5. The term "exchange restrictions" as used in the present Article includes all restrictions, regulations,
charges, taxes, or other requirements imposed by either Party which burden or interfere with
payments, remittances or transfers of funds or of financial instruments between the territories of the
two Parties.
6. Each Party shall afford the other Party adequate opportunity for consultation at any time regarding
application of the present Article.
ARTICLE XIII
Commercial travellers representing nationals and companies of either Party engaged in business within
the territories thereof shall, upon their entry into and departure from the territories of the other Party
and during their sojourn therein, be accorded most favored-nation treatment in respect of the customs
and other matters, including, subject to the exceptions in paragraph 5 of Article XI, taxes and charges
applicable to them, their samples and the taking of orders, and regulations governing the exercise of
their functions.
ARTICLE XIV
1. Each Party shall accord most-favored-nation treatment to products of the other Party, from whatever
place and by whatever type of carrier arriving, and to products destined for exportation to the
territories of such other Party, by whatever route and by whatever type of carrier, with respect to
customs duties and charges of any kind imposed on or in connection with importation or exportation or
imposed on the international transfer of payments for imports or exports, and with respect to the
method of levying such duties and charges, and with respect to all rules and formalities in connection
with importation and exportation.
2. Neither Party shall impose restrictions or prohibitions on the importation of any product of the other
Party, or on the exportation of any product to the territories of the other Party, unless the importation
of the like product of, or the exportation of the like product to, all third countries is similarly restricted or
prohibited.
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Annex 9
Treaty of Friendship, Establishment and Navigation between the United States of
America and the Kingdom of Belgium, signed on 21 February 1961
Excerpts: Article 10

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No. 6967
BELGIUM
and
UNITED STATES OF AMERICA
Treaty of Friendship, Establishment and Navigation (with
Protocol). Signed at Brussels, on 21 February 1961
Official texts: French and English.
Registered by Belgium on 25 October 1963.
BELGIQUE
et
~TATS-UNIS DAM~RIQUE
Trait~ damiti~, d~tablissement et de navigation (avec
Protocole). Sign~
~ Bruxelles, le 21 f6vrier 196l
Textes officiels frangais et anglais.
Enregistr~ par la Belgique le 25 octobre 1963.

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1963
Nations Unies Recueil des Trait~s
165
wife and in allowing to residents of contiguous countries exemptions of a personal
nature in connection with income and inheritance taxes.
Article 10
1) Nationals and companies of either Contracting Party shall be accorded
by the other Party the same treatment as nationals and companies of such other
Party with respect to payments, remittances and transfers of funds or financial
instruments between the territories of the two Parties as well as between the
territories of such other Party and of any third country. This treatment shall
be not less favorable than that accorded to nationals and companies of any third
country in like situations.
2) Neither Party shall impose exchange restrictions as defined in paragraph 5
of the present Article except to the extent necessary to maintain or restore ade
quacy to its monetary reserves, particularly in relation to its external commercial
and financial requirements. It is understood that the provisions of the present
Article do not alter the obligations either Party may have to the International
Monetary Fund or preclude imposition by either Party of particular restrictions
whenever the Fund specifically so authorizes or requests.
If
3)
either Party imposes exchange restrictions in accordance with para
graph 2 of the present Article, it shall not fail, after making whatever provision
may be necessary to assure the availability of foreign exchange for essential goods
and services, to make provision to the fullest extent practicable in light of the
level of the monetary reserves and its balance-of-payments, for the withdrawal
in the currency of the other Party, of: a) the compensation referred to in Article 4,
paragraph 3, b) earnings, whether in the form of salaries, interest, dividends,
commissions, royalties, payments for technical services, or otherwise, c) amounts
for amortization of loans, depreciation of direct investments, and, to the extent
feasible, capital transfers, giving consideration to special needs for other trans
actions. If more than one rate of exchange is in force, the rate applicable to
such withdrawal 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 exchange transfers,
is just and reasonable.
4) Exchange restrictions shall not be imposed by either Party in a manner
unnecessarily detrimental or arbitrarily discriminatory to the claims, invest-
N9 6967

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1963
Nations Unies Recueil des Trait~s
167
ments, transport, trade and other interests of the nationals and companies of the
other Party, nor to the competitive position thereof.
5) The term " exchange restrictions " as used in the present Article includes
all restrictions, regulations, charges, taxes, or other requirements imposed by
either Party which burden or interfere with payments, remittances, or transfers
of funds or financial instruments between the territories of the two Parties.
6) Questions arising under the present Treaty concerning exchange re
strictions affecting aliens are governed by the provisions of the present Article.
Article 1I
Commercial travelers representing nationals and companies of either
Contracting Party engaged in business within the territories thereof shall be
accorded within the territories of the other Party treatment no less favorable
than that accorded to commercial travelers representing nationals and companies
of such other Party with respect to the exercice of their functions.
Article 12
l) Between the territories of the two Contracting Parties there shall be, in
accordance with the provisions of the present Treaty, freedom of navigation.
2) Vessels under the flag of either Party, and carrying the papers required by
its laws in proof of nationality, shall be deemed to be vessels of that Party, both
on the high seas and within the ports, places and waters of the other Party.
3) The term "vessels" as used in the present Treaty, means all types of
vessels, whether privately owned or operated, or publicly owned or operated,
but this term does not include vessels of war.
Article 13
1) Vessels of either Contracting Party shall have liberty, on equal terms with
vessels of the other Party and on equal terms with vessels of any third country,
to come with their cargoes to all ports, places and waters of such other Party
open to foreign commerce and navigation. Such vessels and cargoes shall in the
ports, places and waters of such other Party be accorded in all respects national
treatment and most-favored-nation treatment.
N° 6967
Vol. 480-13

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Annex 10
United Nations Security Council, Resolution 2231 (2015), S/RES/2231 (2015),
20 July 2015

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United Nations
"o com
SEs/231 02015
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Distr.: General
{
'
20 July 2015
�
Resolution 2231 (2015)
Adopted by the Security Council at its 7488th meeting, on
20 July 2015
The Security Council,
Recalling the Statement of its President. S/PRST/2006/15, and its resolutions
1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008). and 1929
(2010).
Reaffirming its commitment to the Treaty on the Non-Proliferation of Nuclear
Weapons, the need for all States Party to that Treaty to comply fully with their
obligations, and recalling the right of States Party, in conformity with Articles I and
II of that Treaty, to develop research, production and use of nuclear energy for
peaceful purposes without discrimination.
Emphasizing the importance of political and diplomatic efforts to find a
negotiated solution guaranteeing that Iran's nuclear programme is exclusively for
peaceful purposes. and noting that such a solution would benefit nuclear
non-pro Ii f eratio n.
Welcoming diplomatic efforts by China, France, Germany, the Russian
Federation, the United Kingdom, the United States, the High Representative of the
European Union for Foreign Affairs and Security Policy, and Iran to reach a
comprehensive. long-term and proper solution to the Iranian nuclear issue.
culminating in the Joint Comprehensive Plan of Action (JCPOA) concluded on
14 July 2015, (S/2015/544, as attached as Annex A to this resolution) and the
establishment of the Joint Commission.
Welcoming Iran's reaffirmation in the JCPOA that it will under no
circumstances ever seek, develop or acquire any nuclear weapons,
Noting the statement of 14 July 2015, from China, France. Germany, the
Russian Federation, the United Kingdom, the United States. and the European
Union aimed at promoting transparency and creating an atmosphere conducive to
the full implementation of the JCPOA (S/2015/545, as attached as Annex B to this
resolution),
Affirming that conclusion of the JCPOA marks a fundamental shift in its
consideration of this issue. and expressing its desire to build a new relationship with
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S/RES/2231 (2015)
Iran strengthened by the implementation of the JCPOA and to bring to a satisfactory
conclusion its consideration of this matter,
Affirming that full implementation of the JCPOA will contribute to building
confidence in the exclusively peaceful nature of Iran's nuclear programme,
Strongly supporting the essential and independent role of the International
Atomic Energy Agency (IAEA) in verifying compliance with safeguards
agreements, including the non-diversion of declared nuclear material to undeclared
purposes and the absence of undeclared nuclear material and undeclared nuclear
activities, and, in this context, in ensuring the exclusively peaceful nature of Iran's
nuclear programme, including through the implementation of the "Framework for
Cooperation" agreed between Iran and the IAEA on 11 November 2013 and the
"Roadmap for Clarification of Past and Present Outstanding Issues", and
recognizing the IAEA's important role in supporting full implementation of the
JCPOA,
Affirming that IAEA safeguards are a fundamental component of nuclear
non-proliferation, promote greater confidence among States, inter alia, by providing
assurance that States are complying with their obligations under relevant safeguards
agreements, contribute to strengthening their collective security and help to create
an environment conducive to nuclear cooperation, and further recognizing that
effective and efficient safeguards implementation requires a cooperative effort
between the IAEA and States, that the IAEA Secretariat will continue to engage in
open dialogue on safeguards matters with States to increase transparency and build
confidence and to interact with them on the implementation of safeguards, and in
this case, avoid hampering the economic and technological development of Iran or
international cooperation in the field of peaceful nuclear activities; respect health,
safety, physical protection and other security provisions in force and the rights of
individuals; and take every precaution to protect commercial, technological and
industrial secrets as well as other confidential information coming to its knowledge,
Encouraging Member States to cooperate, including through IAEA
involvement, with Iran in the framework of the JCPOA in the field of peaceful uses
of nuclear energy and to engage in mutually determined civil nuclear cooperation
projects, in accordance with Annex III of the JCPOA,
Noting the termination of provisions of previous resolutions and other
measures foreseen in this resolution, and inviting Member States to give due regard
to these changes,
Emphasizing that the JCPOA is conducive to promoting and facilitating the
development of normal economic and trade contacts and cooperation with Iran, and
having regard to States' rights and obligations relating to international trade,
Underscoring that Member States are obligated under Article 25 of the Charter
of the United Nations to accept and carry out the Security Council's decisions,
1.
Endorses the JCPOA, and urges its full implementation on the timetable
established in the JCPOA;
2. Calls upon all Members States, regional organizations and international
organizations to take such actions as may be appropriate to support the
implementation of the JCPOA, including by taking actions commensurate with the
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implementation plan set out in the JCPOA and this resolution and by refraining from
actions that undermine implementation of commitments under the JCPOA;
3. Requests the Director General of the IAEA to undertake the necessary
verification and monitoring of Iran's nuclear-related commitments for the full
duration of those commitments under the JCPOA, and reaffirms that Iran shall
cooperate fully as the IAEA requests to be able to resolve all outstanding issues, as
identified in IAEA reports;
4. Requests the Director General of the IAEA to provide regular updates to
the IAEA Board of Governors and, as appropriate, in parallel to the Security
Council on Iran's implementation of its commitments under the JCPOA and also to
report to the IAEA Board of Governors and in parallel to the Security Council at any
time if the Director General has reasonable grounds to believe there is an issue of
concern directly affecting fulfilment of JCPOA commitments;
Terminations
5. Requests that, as soon as the IAEA has verified that Iran has taken the
actions specified in paragraphs 15.1-15.11 of Annex V of the JCPOA, the Director
General of the IAEA submit a report confirming this fact to the IAEA Board of
Governors and in parallel to the Security Council;
6. Requests further that, as soon as the IAEA has reached the Broader
Conclusion that all nuclear material in Iran remains in peaceful activities, the
Director General of the IAEA submit a report confirming this conclusion to the
IAEA Board of Governors and in parallel to the Security Council;
7. Decides, acting under Article 41 of the Charter of the United Nations,
that, upon receipt by the Security Council of the report from the IAEA described in
paragraph 5:
(a) The provisions of resolutions 1696 (2006), 1737 (2006), 174 7 (2007),
1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) shall be terminated;
(b) All States shall comply with paragraphs I, 2, 4, and 5 and the provisions
in subparagraphs (a)-(D) of paragraph 6 of Annex B for the duration specified in
each paragraph or subparagraph, and are called upon to comply with paragraphs 3
and 7 of Annex B;
8. Decides, acting under Article 41 of the Charter of the United Nations,
that on the date ten years after the JCPOA Adoption Day, as defined in the JCPOA,
all the provisions of this resolution shall be terminated, and none of the previous
resolutions described in paragraph 7 (a) shall be applied, the Security Council will
have concluded its consideration of the Iranian nuclear issue, and the item
"Non-proliferation" will be removed from the list of matters of which the Council is
seized;
9. Decides, acting under Article 41 of the Charter of the United Nations,
that the terminations described in Annex B and paragraph 8 of this resolution shall
not occur if the provisions of previous resolutions have been applied pursuant to
paragraph 12;
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Application of Provisions of Previous Resolutions
10. Encourages China, France, Germany, the Russian Federation, the United
Kingdom, the United States, the European Union (EU), and Iran (the "JCPOA
participants") to resolve any issues arising with respect to implementation of
JCPOA commitments through the procedures specified in the JCPOA, and expresses
its intention to address possible complaints by JCPOA participants about significant
non-performance by another JCPOA participant;
11. Decides, acting under Article 41 of the Charter of the United Nations,
that, within 30 days of receiving a notification by a JCPOA participant State of an
issue that the JCPOA participant State believes constitutes significant
non-performance of commitments under the JCPOA, it shall vote on a draft
resolution to continue in effect the terminations in paragraph 7 (a) of this resolution,
decides further that if, within 10 days of the notification referred to above, no
Member of the Security Council has submitted such a draft resolution for a vote,
then the President of the Security Council shall submit such a draft resolution and
put it to a vote within 30 days of the notification referred to above, and expresses its
intention to take into account the views of the States involved in the issue and any
opinion on the issue by the Advisory Board established in the JCPOA;
12. Decides, acting under Article 41 of the Charter of the United Nations,
that, if the Security Council does not adopt a resolution under paragraph 11 to
continue in effect the terminations in paragraph 7 (a), then effective midnight
Greenwich Mean Time after the thirtieth day after the notification to the Security
Council described in paragraph 11, all of the provisions of resolutions 1696 (2006),
1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010) that have
been terminated pursuant to paragraph 7 (a) shall apply in the same manner as they
applied before the adoption of this resolution, and the measures contained in
paragraphs 7, 8 and 16 to 20 of this resolution shall be terminated, unless the
Security Council decides otherwise;
13. Underscores that, in the event of a notification to the Security Council
described in paragraph H, Iran and the other JCPOA participants should strive to
resolve the issue giving rise to the notification, expresses its intention to prevent the
reapplication of the provisions if the issue giving rise to the notification is resolved,
decides, acting under Article 41 of the Charter of the United Nations, that if the
notifying JCPOA participant State informs the Security Council that such an issue has
been resolved before the end of the 30-day period specified in paragraph 12 above,
then the provisions of this resolution, including the terminations in paragraph 7 (a),
shall remain in effect notwithstanding paragraph 12 above, and notes Iran's statement
that if the provisions of previous resolutions are applied pursuant to paragraph 12 in
whole or in part, Iran will treat this as grounds to cease performing its commitments
under the JCPOA;
14. Affirms that the application of the provisions of previous resolutions
pursuant to paragraph 12 do not apply with retroactive effect to contracts signed
between any party and Iran or Iranian individuals and entities prior to the date of
application, provided that the activities contemplated under and execution of such
contracts are consistent with the JCPOA, this resolution and the previous
resolutions;
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15. Affirms that any application of the provisions of previous resolutions
pursuant to paragraph 12 is not intended to harm individuals and entities that, prior
to that application of those provisions, engaged in business with Iran or Iranian
individuals and entities that is consistent with the JCPOA and this resolution,
encourages Member States to consult with each other with regard to such harm, and
to take action to mitigate such unintended harm for these individuals and entities,
and decides if the provisions of previous resolutions are applied pursuant to
paragraph 12 not to impose measures with retroactive effect on individuals and
entities for business activities with Iran that were consistent with the JCPOA, this
resolution and the previous resolutions prior to the application of these provisions;
JCPOA Implementation
16. Decides, acting under Article 41 of the Charter of the United Nations, to
review recommendations of the Joint Commission regarding proposals by States to
participate in or permit nuclear-related activities set forth in paragraph 2 of Annex B,
and that such recommendations shall be deemed to be approved unless the Security
Council adopts a resolution to reject a Joint Commission recommendation within
five working days of receiving it;
17. Requests Member States seeking to participate in or permit activities set
forth in paragraph 2 of Annex B to submit proposals to the Security Council,
expresses its intention to share such proposals with the Joint Commission
established in the JCPOA for its review, invites any Member of the Security Council
to provide relevant information and opinions about these proposals, encourages the
Joint Commission to give due consideration to any such information and opinions,
and requests the Joint Commission to provide its recommendations on these
proposals to the Security Council within twenty working days ( or, if extended,
within thirty working days);
18. Requests the Secretary-General, in order to support JCPOA
implementation, to take the necessary administrative measures to facilitate
communications with Member States and between the Security Council and the
Joint Commission through agreed practical arrangements;
19. Requests the IAEA and the Joint Commission to consult and exchange
information, where appropriate, as specified in the JCPOA, and requests further that
the exporting states cooperate with the Joint Commission in accordance with Annex IV
of the JCPOA:
20. Requests the Joint Commission to review proposals for transfers and
activities described in paragraph 2 of Annex B with a view to recommending
approval where consistent with this resolution and the provisions and objectives of
the JCPOA so as to provide for the transfer of items, materials, equipment, goods
and technology required for Iran's nuclear activities under the JCPOA, and
encourages the Joint Commission to establish procedures to ensure detailed and
thorough review of all such proposals;
Exemptions
21. Decides, acting under Article 41 of the Charter of the United Nations,
that the measures imposed in resolutions 1696 (2006), 1737 (2006), 1747 (2007),
1803 (2008), 1835 (2008), and 1929 (2010) shall not apply to the supply, sale, or
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transfer of items, materials, equipment, goods and technology, and the provision of
any related technical assistance, training, financial assistance, investment, brokering
or other services, by JCPOA participant States or Member States acting in
coordination with them, that is directly related to: (a) the modification of two cascades
at the Fordow facility for stable isotope production; (b) the export of Iran's enriched
uranium in excess of 300 kilograms in return for natural uranium; and (c) the
modernization of the Arak reactor based on the agreed conceptual design and,
subsequently, on the agreed final design of such reactor;
22. Decides, acting under Article 41 of the Charter of the United Nations,
that Member States engaging in the activities permitted in paragraph 21 shall ensure
that: (a) all such activities are undertaken strictly in accordance with the JCPOA;
(b) they notify the Committee established pursuant to resolution 1737 (2006) and,
when constituted, the Joint Commission ten days in advance of such activities;
(c) the requirements, as appropriate, of the Guidelines as set out in the relevant
INFCIRC referenced in resolution 173 7 (2006), as updated, have been met; ( d) they
have obtained and are in a position to exercise effectively a right to verify the end
use and end-use location of any supplied item; and (e) in case of supplied items,
materials, equipment, goods and technology listed in the INFCIRCs referenced in
resolution 1737 (2006), as updated, they also notify the IAEA within ten days of the
supply, sale or transfers;
23. Decides, acting under Article 41 of the Charter of the United Nations,
also that the measures imposed in resolutions 1696 (2006), 1737 (2006), 174 7
(2007), 1803 (2008), 1835 (2008), and 1929 (2010) shall not apply to the extent
necessary to carry out transfers and activities, as approved on a case-by-case basis
in advance by the Committee established pursuant to resolution 1737 (2006), that
are:
(a) directly related to implementation of the nuclear-related actions specified
in paragraphs 15 .1-15 .11 of Annex V of the J CPO A;
(b) required for preparation for the implementation of the JCPOA; or,
(c) determined by the Committee to be consistent with the objectives of this
resolution;
24. Notes that the provisions of paragraphs 21, 22, 23 and 27 continue in
effect if the provisions of previous resolutions are applied pursuant to paragraph 12;
Other Matters
25. Decides to make the necessary practical arrangements to undertake
directly tasks related to the implementation of this resolution, including those tasks
specified in Annex B and the release of guidance;
26. Urges all States, relevant United Nations bodies and other interested
parties, to cooperate fully with the Security Council in its exercise of the tasks
related to this resolution, in particular by supplying any information at their disposal
on the implementation of the measures in this resolution;
27. Decides that all provisions contained in the JCPOA are only for the
purposes of its implementation between the E3/EU+3 and Iran and should not be
considered as setting precedents for any other State or for principles of international
law and the rights and obligations under the Treaty on the Non-Proliferation of
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Nuclear Weapons and other relevant instruments, as well as for internationally
recognized principles and practices;
28. Recalls that the measures imposed by paragraph 12 of resolution 1737
(2006) shall not prevent a designated person or entity from making payment due
under a contract entered into prior to the listing of such a person or entity, provided
that the conditions specified in paragraph 15 of that resolution are met, and
underscores, that if the provisions of previous resolutions are reapplied pursuant to
paragraph 12 of this resolution, then this provision will apply;
29. Emphasizes the importance of all States taking the necessary measures to
ensure that no claim shall lie at the instance of the Government of Iran, or any
person or entity in Iran, or of persons or entities designated pursuant to resolution
1737 (2006) and related resolutions, or any person claiming through or for the
benefit of any such person or entity, in connection with any contract or other
transaction where its performance was prevented by reason of the application of the
provisions of resolutions 1737 (2006), 1747 (2007), 1803 (2008), 1929 (2010) and
this resolution;
30. Decides to remain seized of the matter until the termination of the
provisions of this resolution in accordance with paragraph 8.
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Annex A: Joint Comprehensive Plan of Action (JCPOA), Vienna,
14 July 2015
PREFACE
The E3/EU+3 (China, France, Germany, the Russian Federation, the United
Kingdom and the United States, with the High Representative of the European
Union for Foreign Affairs and Security Policy) and the Islamic Republic of Iran
welcome this historic Joint Comprehensive Plan of Action (JCPOA), which will
ensure that Iran's nuclear programme will be exclusively peaceful, and mark a
fundamental shift in their approach to this issue. They anticipate that full
implementation of this JCPOA will positively contribute to regional and
international peace and security. Iran reaffirms that under no circumstances will Iran
ever seek, develop or acquire any nuclear weapons.
Iran envisions that this JCPOA will allow it to move forward with an exclusively
peaceful, indigenous nuclear programme, in line with scientific and economic
considerations, in accordance with the JCPOA, and with a view to building
confidence and encouraging international cooperation. In this context, the initial
mutually determined limitations described in this JCPOA will be followed by a
gradual evolution, at a reasonable pace, of Iran's peaceful nuclear programme,
including its enrichment activities, to a commercial programme for exclusively
peaceful purposes, consistent with international non-proliferation norms.
The E3/EU+3 envision that the implementation of this JCPOA will progressively
allow them to gain confidence in the exclusively peaceful nature of Iran's
programme. The JCPOA reflects mutually determined parameters, consistent with
practical needs, with agreed limits on the scope of Iran's nuclear programme,
including enrichment activities and R&D. The JCPOA addresses the E3/EU+3 's
concerns, including through comprehensive measures providing for transparency
and verification.
The JCPOA will produce the comprehensive lifting of all UN Security Council
sanctions as well as multilateral and national sanctions related to Iran's nuclear
programme, including steps on access in areas of trade, technology, finance, and
energy.
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PREAMBLE AND GENERAL PROVISIONS
i. The Islamic Republic of Iran and the E3/EU+3 (China, France, Germany, the
Russian Federation, the United Kingdom and the United States, with the High
Representative of the European Union for Foreign Affairs and Security Policy)
have decided upon this long-term Joint Comprehensive Plan of Action
(CPOA). This JCPOA, reflecting a step-by-step approach, includes the
reciprocal commitments as laid down in this document and the annexes hereto
and is to be endorsed by the United Nations (UN) Security Council.
ii. The full implementation of this JCPOA will ensure the exclusively peaceful
nature of Iran's nuclear programme.
iii. Iran reaffirms that under no circumstances will Iran ever seek, develop or
acquire any nuclear weapons.
iv. Successful implementation of this JCPOA will enable Iran to fully enjoy its
right to nuclear energy for peaceful purposes under the relevant articles of the
nuclear Non-Proliferation Treaty (NPT) in line with its obligations therein, and
the Iranian nuclear programme will be treated in the same manner as that of
any other non-nuclear-weapon state party to the NPT.
v. This JCPOA will produce the comprehensive lifting of all UN Security
Council sanctions as well as multilateral and national sanctions related to
Iran's nuclear programme, including steps on access in areas of trade,
technology, finance and energy.
vi. The E3/EU+3 and Iran reaffirm their commitment to the purposes and
principles of the United Nations as set out in the UN Charter.
vii. The E3/EU+3 and Iran acknowledge that the NPT remains the cornerstone of
the nuclear non-proliferation regime and the essential foundation for the
pursuit of nuclear disarmament and for the peaceful uses of nuclear energy.
viii. The E3/EU+3 and Iran commit to implement this JCPOA in good faith and in a
constructive atmosphere, based on mutual respect, and to refrain from any
action inconsistent with the letter, spirit and intent of this JCPOA that would
undermine its successful implementation. The E3/EU+3 will refrain from
imposing discriminatory regulatory and procedural requirements in lieu of the
sanctions and restrictive measures covered by this JCPOA. This JCPOA builds
on the implementation of the Joint Plan of Action (JPOA) agreed in Geneva on
24 November 2013.
ix. A Joint Commission consisting of the E3/EU+3 and Iran will be established to
monitor the implementation of this JCPOA and will carry out the functions
provided for in this JCPOA. This Joint Commission will address issues arising
from the implementation of this JCPOA and will operate in accordance with
the provisions as detailed in the relevant annex.
x. The International Atomic Energy Agency (IAEA) will be requested to monitor
and verify the voluntary nuclear-related measures as detailed in this JCPOA.
The IAEA will be requested to provide regular updates to the Board of
Governors, and as provided for in this JCPOA, to the UN Security Council. All
relevant rules and regulations of the IAEA with regard to the protection of
information will be fully observed by all parties involved.
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xi. All provisions and measures contained in this JCPOA are only for the purpose
of its implementation between E3/EU + 3 and Iran and should not be considered
as setting precedents for any other state or for fundamental principles of
international law and the rights and obligations under the NPT and other
relevant instruments, as well as for internationally recognised principles and
practices.
xii. Technical details of the implementation of this JCPOA are dealt with in the
annexes to this document.
xiii. The EU and E3+3 countries and Iran, in the framework of the JCPOA, will
cooperate, as appropriate, in the field of peaceful uses of nuclear energy and
engage in mutually determined civil nuclear cooperation projects as detailed in
Annex III, including through IAEA involvement.
xiv. The E3+3 will submit a draft resolution to the UN Security Council endorsing
this JCPOA affirming that conclusion of this JCPOA marks a fundamental
shift in its consideration of this issue and expressing its desire to build a new
relationship with Iran. This UN Security Council resolution will also provide
for the termination on Implementation Day of provisions imposed under
previous resolutions; establishment of specific restrictions; and conclusion of
consideration of the Iran nuclear issue by the UN Security Council 10 years
after the Adoption Day.
xv. The provisions stipulated in this JCPOA will be implemented for their
respective durations as set forth below and detailed in the annexes.
xvi. The E3/EU+3 and Iran will meet at the ministerial level every 2 years, or
earlier if needed, in order to review and assess progress and to adopt
appropriate decisions by consensus.
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Iran and E3/EU+3 will take the following voluntary measures within
the timeframe as detailed in this JCPOA and its Annexes
NUCLEAR
A. ENRICHMENT, ENRICHMENT R&D, STOCKPILES
1.
Iran's long term plan includes certain agreed limitations on all uranium
enrichment and uranium enrichment-related activities including certain
limitations on specific research and development (R&D) activities for the first
8 years, to be followed by gradual evolution, at a reasonable pace, to the next
stage of its enrichment activities for exclusively peaceful purposes, as
described in Annex I.
Iran will abide by its voluntary commitments, as
expressed in its own long-term enrichment and enrichment R&D plan to be
submitted as part of the initial declaration for the Additional Protocol to Iran's
Safeguards Agreement.
2. Iran will begin phasing out its IR-I centrifuges in 10 years. During this period,
Iran will keep its enrichment capacity at Natanz at up to a total installed
uranium enrichment capacity of 5060 IR-I centrifuges. Excess centrifuges and
enrichment-related infrastructure at Natanz will be stored under IAEA
continuous monitoring, as specified in Annex I.
3.
Iran will continue to conduct enrichment R&D in a manner that does not
accumulate enriched uranium. Iran's enrichment R&D with uranium for
10 years will only include IR-4, IR-5, IR-6 and IR-8 centrifuges as laid out in
Annex I, and Iran will not engage in other isotope separation technologies for
enrichment of uranium as specified in Annex I.
Iran will continue testing IR-6
and IR-8 centrifuges, and will commence testing of up to 30 IR-6 and IR-8
centrifuges after eight and a half years, as detailed in Annex I.
4.
As Iran will be phasing out its IR-1 centrifuges, it will not manufacture or
assemble other centrifuges, except as provided for in Annex I, and will replace
failed centrifuges with centrifuges of the same type. Iran will manufacture
advanced centrifuge machines only for the purposes specified in this JCPOA.
From the end of the eighth year, and as described in Annex I, Iran will start to
manufacture agreed numbers of IR-6 and IR-8 centrifuge machines without
rotors and will store all of the manufactured machines at Natanz, under IAEA
continuous monitoring until they are needed under Iran's long-term
enrichment and enrichment R&D plan.
5.
Based on its own long-term plan, for 15 years, Iran will carry out its uranium
enrichment-related activities, including safeguarded R&D exclusively in the
Natanz Enrichment facility, keep its level of uranium enrichment at up to
3.67%, and, at Fordow, refrain from any uranium enrichment and uranium
enrichment R&D and from keeping any nuclear material.
6.
Iran will convert the Fordow facility into a nuclear, physics and technology
centre. International collaboration including in the form of scientific joint
partnerships will be established in agreed areas of research. 1044 IR-1
centrifuges in six cascades will remain in one wing at Fordow. Two of these
cascades will spin without uranium and will be transitioned, including through
appropriate infrastructure modification, for stable isotope production. The
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other four cascades with all associated infrastructure will remain idle. All
other centrifuges and enrichment-related infrastructure will be removed and
stored under IAEA continuous monitoring as specified in Annex I.
7. During the 15 year period, and as Iran gradually moves to meet international
qualification standards for nuclear fuel produced in Iran, it will keep its
uranium stockpile under 300 kg of up to 3.67% enriched uranium hexafluoride
(UF6) or the equivalent in other chemical forms. The excess quantities are to
be sold based on international prices and delivered to the international buyer in
return for natural uranium delivered to Iran, or are to be down-blended to
natural uranium level. Enriched uranium in fabricated fuel assemblies from
Russia or other sources for use in Iran's nuclear reactors will not be counted
against the above stated 300 kg UF6 stockpile, if the criteria set out in Annex I
are met with regard to other sources. The Joint Commission will support
assistance to Iran, including through IAEA technical cooperation as
appropriate, in meeting international qualification standards for nuclear fuel
produced in Iran. All remaining uranium oxide enriched to between 5% and
20% will be fabricated into fuel for the Tehran Research Reactor (TRR). Any
additional fuel needed for the TRR will be made available to Iran at
international market prices.
B. ARAK, HEAVY WATER, REPROCESSING
8. Iran will redesign and rebuild a modernised heavy water research reactor in
Arak, based on an agreed conceptual design, using fuel enriched up to 3.67 %,
in a form of an international partnership which will certify the final design.
The reactor will support peaceful nuclear research and radioisotope production
for medical and industrial purposes. The redesigned and rebuilt Arak reactor
will not produce weapons grade plutonium. Except for the first core load, all
of the activities for redesigning and manufacturing of the fuel assemblies for
the redesigned reactor will be carried out in Iran. All spent fuel from Arak will
be shipped out of Iran for the lifetime of the reactor. This international
partnership will include participating E3/EU+3 parties, Iran and such other
countries as may be mutually determined. Iran will take the leadership role as
the owner and as the project manager and the E3/EU+3 and Iran will, before
Implementation Day, conclude an official document which would define the
responsibilities assumed by the E3/EU+3 participants.
9. Iran plans to keep pace with the trend of international technological
advancement in relying on light water for its future power and research
reactors with enhanced international cooperation, including assurance of
supply of necessary fuel.
10. There will be no additional heavy water reactors or accumulation of heavy
water in Iran for 15 years. All excess heavy water will be made available for
export to the international market.
11. Iran intends to ship out all spent fuel for all future and present power and
research nuclear reactors, for further treatment or disposition as provided for
in relevant contracts to be duly concluded with the recipient party.
12. For 15 years Iran will not, and does not intend to thereafter, engage in any
spent fuel reprocessing or construction of a facility capable of spent fuel
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reprocessing, or reprocessing R&D activities leading to a spent fuel
reprocessing capability, with the sole exception of separation activities aimed
exclusively at the production of medical and industrial radio-isotopes from
irradiated enriched uranium targets.
C. TRANSPARENCY AND CONFIDENCE BUILDING MEASURES
13. Consistent with the respective roles of the President and Majlis (Parliament),
Iran will provisionally apply the Additional Protocol to its Comprehensive
Safeguards Agreement in accordance with Article 17(b) of the Additional
Protocol, proceed with its ratification within the timeframe as detailed in
Annex V and fully implement the modified Code 3.1 of the Subsidiary
Arrangements to its Safeguards Agreement.
14. Iran will fully implement the "Roadmap for Clarification of Past and Present
Outstanding Issues" agreed with the IAEA, containing arrangements to
address past and present issues of concern relating to its nuclear programme as
raised in the annex to the IAEA report of 8 November 2011 (GOV/2011/65).
Full implementation of activities undertaken under the Roadmap by Iran will
be completed by 15 October 2015, and subsequently the Director General will
provide by 15 December 2015 the final assessment on the resolution of all past
and present outstanding issues to the Board of Governors, and the E3+3, in
their capacity as members of the Board of Governors, will submit a resolution
to the Board of Governors for taking necessary action, with a view to closing
the issue, without prejudice to the competence of the Board of Governors.
15. Iran will allow the IAEA to monitor the implementation of the voluntary
measures for their respective durations, as well as to implement transparency
measures, as set out in this JCPOA and its Annexes. These measures include: a
long-term IAEA presence in Iran; IAEA monitoring of uranium ore
concentrate produced by Iran from all uranium ore concentrate plants for
25 years; containment and surveillance of centrifuge rotors and bellows for
20 years; use of IAEA approved and certified modern technologies including
on-line enrichment measurement and electronic seals; and a reliable
mechanism to ensure speedy resolution of IAEA access concerns for 15 years,
as defined in Annex I.
16. Iran will not engage in activities, including at the R&D level, that could
contribute to the development of a nuclear explosive device, including
uranium or plutonium metallurgy activities, as specified in Annex I.
17. Iran will cooperate and act in
accordance with the procurement channel in this
JCPOA, as detailed in
Annex IV, endorsed by the UN Security Council
resolution.
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SANCTIONS
18. The UN Security Council resolution endorsing this JCPOA will terminate all
provisions of previous UN Security Council resolutions on the Iranian nuclear
issue - 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008),
1929 (2010) and 2224 (2015) simultaneously with the IAEA-verified
implementation of agreed nuclear-related measures by Iran and will establish
specific restrictions, as specified in Annex V.I
19. The EU will terminate all provisions of the EU Regulation, as subsequently
amended, implementing all nuclear-related economic and financial sanctions,
including related designations, simultaneously with the IAEA-verified
implementation of agreed nuclear-related measures by Iran as specified in
Annex V, which cover all sanctions and restrictive measures in the following
areas, as described in Annex II:
i. Transfers of funds between EU persons and entities, including financial
institutions, and Iranian persons and entities, including financial
institutions;
11.
Banking activities, including the establishment of new correspondent
banking relationships and the opening of new branches and subsidiaries
of Iranian banks in the territories of EU Member States;
iii. Provision of insurance and reinsurance;
iv. Supply of specialised financial messaging services, including SWIFT, for
persons and entities set out in Attachment 1 to Annex II, including the
Central Bank of Iran and Iranian financial institutions;
v. Financial support for trade with Iran (export credit, guarantees or
insurance);
vi. Commitments for grants, financial assistance and concessional loans to
the Government of Iran;
vii. Transactions in public or public-guaranteed bonds;
viii. Import and transport of Iranian oil, petroleum products, gas and
petrochemical products;
ix. Export of key equipment or technology for the oil, gas and petrochemical
sectors;
x. Investment in the oil, gas and petrochemical sectors;
xi. Export of key naval equipment and technology;
xii. Design and construction of cargo vessels and oil tankers;
xiii. Provision of flagging and classification services;
xiv. Access to EU airports of Iranian cargo flights;
xv. Export of gold, precious metals and diamonds;
xvi. Delivery of Iranian banknotes and coinage;
1
The provisions of this Resolution do not constitute provisions of this JCPOA.
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xvii. Export of graphite, raw or semi-finished metals such as aluminum and
steel, and export or software for integrating industrial processes;
xviii. Designation of persons, entities and bodies (asset freeze and visa ban) set
out in Attachment I to Annex II; and
xix. Associated services for each of the categories above.
20. The EU will terminate all provisions of the EU Regulation implementing all
EU proliferation-related sanctions, including related designations, 8 years after
Adoption Day or when the IAEA has reached the Broader Conclusion that all
nuclear material in Iran remains in peaceful activities, whichever is earlier.
21. The United States will cease the application, and will continue to do so, in
accordance with this JCPOA of the sanctions specified in Annex II to take
effect simultaneously with the IAEA-verified implementation of the agreed
nuclear-related measures by Iran as specified in Annex V.
Such sanctions
cover the following areas as described in Annex II:
1.
Financial and banking transactions with Iranian banks and financial
institutions as specified in Annex II, including the Central Bank of Iran
and specified individuals and entities identified as Government of Iran by
the Office of Foreign Assets Control on the Specially Designated Nationals
and Blocked Persons List (SDN List), as set out in Attachment 3 to
Annex II (including the opening and maintenance of correspondent and
payable through-accounts at non-U.S. financial institutions, investments,
foreign exchange transactions and letters of credit);
ii. Transactions in Iranian Rial;
iii. Provision of U.S. banknotes to the Government of Iran;
iv. Bilateral trade limitations on Iranian revenues abroad, including
limitations on their transfer;
v. Purchase, subscription to, or facilitation of the issuance of Iranian
sovereign debt, including governmental bonds;
vi. Financial messaging services to the Central Bank of Iran and Iranian
financial institutions set out in
Attachment 3 to Annex II;
vii. Underwriting services, insurance, or reinsurance;
viii. Efforts to reduce Iran's crude oil sales;
ix. Investment, including participation in
joint ventures, goods, services,
information, technology and technical expertise and support for Iran's
oil, gas and petrochemical sectors;
x. Purchase, acquisition, sale, transportation or marketing of petroleum,
petrochemical products and natural gas from Iran;
xi. Export, sale or provision of refined petroleum products and
petrochemical products to Iran;
xii. Transactions with Iran's energy sector;
xiii. Transactions with Iran's shipping and shipbuilding sectors and port
operators;
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xiv. Trade in gold and other precious metals;
xv. Trade with Iran in graphite, raw or semi-finished metals such as
aluminum and steel, coal, and software for integrating industrial
processes;
xvi. Sale, supply or transfer of goods and services used in connection with
Iran's automotive sector;
xvii. Sanctions on associated services for each of the categories above;
xviii. Remove individuals and entities set out in Attachment 3 to Annex II from
the SON List, the Foreign Sanctions Evaders List, and/or the Non-SON
Iran Sanctions Act List; and
xix. Terminate Executive Orders 13574, 13590, 13622, and 13645, and
Sections 5-7 and 15 of Executive Order 13628.
22. The United States will, as specified in Annex II and in accordance with Annex V,
allow for the sale of commercial passenger aircraft and related parts and services
to Iran; license non-U.S. persons that are owned or controlled by a U.S. person
to engage in activities with Iran consistent with this JCPOA; and license the
importation into the United States of Iranian-origin carpets and foodstuffs.
23. Eight years after Adoption Day or when the IAEA has reached the Broader
Conclusion that all nuclear material in Iran remains in peaceful activities,
whichever is earlier, the United States will seek such legislative action as may
be appropriate to terminate, or modify to effectuate the termination of, the
sanctions specified in Annex II on the acquisition of nuclear-related
commodities and services for nuclear activities contemplated in this JCPOA,
to be consistent with the U.S. approach to other non-nuclear-weapon states
under the NPT.
24. The E3/EU and the United States specify in Annex II a full and complete list
of all nuclear-related sanctions or restrictive measures and will lift them in
accordance with Annex
V.
Annex II also specifies the effects of the lifting of
sanctions beginning on Implementation Day. If at any time following the
Implementation Day, Iran believes that any other nuclear-related sanction or
restrictive measure of the E3/EU+3 is preventing the full implementation of
the sanctions lifting as specified in this JCPOA, the JCPOA participant in
question will consult with Iran with a view to resolving the issue and, if they
concur that lifting of this sanction or restrictive measure is appropriate, the
JCPOA participant in question will take appropriate action.
they are not able
to resolve the issue, Iran or any member of the E3/EU + 3 may refer the issue to
the Joint Commission.
If
If
25.
a law at the state or local level in the United States is preventing the
implementation of the sanctions lifting as specified in this JCPOA, the United
States will take appropriate steps, taking into account all available authorities,
with a view to achieving such implementation. The United States will actively
encourage officials at the state or local level to take into account the changes
in the U.S. policy reflected in the lifting of sanctions under this JCPOA and to
refrain
fr
om actions inconsistent with this change in policy.
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26. The EU will refrain from re-introducing or re-imposing the sanctions that it
has terminated implementing under this JCPOA, without prejudice to the
dispute resolution process provided for under this JCPOA. There will be no
new nuclear-related UN Security Council sanctions and no new EU nuclear
related sanctions or restrictive measures. The United States will make best
efforts in good faith to sustain this JCPOA and to prevent interference with the
realisation of the full benefit by Iran of the sanctions lifting specified in
Annex II. The U.S. Administration, acting consistent with the respective roles
of the President and the Congress, will refrain from re-introducing or re
imposing the sanctions specified in Annex II that it has ceased applying under
this JCPOA, without prejudice to the dispute resolution process provided for
under this JCPOA. The U.S. Administration, acting consistent with the
respective roles of the President and the Congress, will refrain from imposing
new nuclear-related sanctions. Iran has stated that it will treat such a
re-introduction or re-imposition of the sanctions specified in Annex II, or such
an imposition of new nuclear-related sanctions, as grounds to cease
performing its commitments under this JCPOA in whole or in part.
27. The E3/EU+3 will take adequate administrative and regulatory measures to
ensure clarity and effectiveness with respect to the lifting of sanctions under
this JCPOA. The EU and its Member States as well as the United States will
issue relevant guidelines and make publicly accessible statements on the
details of sanctions or restrictive measures which have been lifted under this
JCPOA. The EU and its Member States and the United States commit to
consult with Iran regarding the content of such guidelines and statements, on a
regular basis and whenever appropriate.
28. The E3/EU+3 and Iran commit to implement this JCPOA in good faith and in a
constructive atmosphere, based on mutual respect, and to refrain from any
action inconsistent with the letter, spirit and intent of this JCPOA that would
undermine its successful implementation. Senior Government officials of the
E3/EU+3 and Iran will make every effort to support the successful
implementation of this JCPOA including in their public statements.
The
E3/EU+3 will take all measures required to lift sanctions and will refrain from
imposing exceptional or discriminatory regulatory and procedural
requirements in lieu of the sanctions and restrictive measures covered by the
JCPOA.
2
29. The EU and its Member States and the United States, consistent with their
respective laws, will refrain from any policy specifically intended to directly
and adversely affect the normalisation of trade and economic relations with
Iran inconsistent with their commitments not to undermine the successful
implementation of this JCPOA.
30. The E3/EU+3 will not apply sanctions or restrictive measures to persons or
entities for engaging in activities covered by the lifting of sanctions provided
for in this JCPOA, provided that such activities are otherwise consistent with
E3/EU+3 laws and regulations in effect. Following the lifting of sanctions
under this JCPOA as specified in Annex II, ongoing investigations on possible
2
'Government officials' for the U.S. means senior officials of the U.S. Administration.
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infringements of such sanctions may be reviewed in accordance with
applicable national laws.
31. Consistent with the timing specified in Annex V. the EU and its Member States
will terminate the implementation of the measures applicable to designated
entities and individuals, including the Central Bank of Iran and other Iranian
banks and financial institutions, as detailed in Annex II and the attachments
thereto. Consistent with the timing specified in Annex V. the United States will
remove designation of certain entities and individuals on the Specially
Designated Nationals and Blocked Persons List, and entities and individuals
listed on the Foreign Sanctions Evaders List, as detailed in Annex II and the
attachments thereto.
32. EU and E3+3 countries and international participants will engage in joint
projects with Iran, including through IAEA technical cooperation projects, in
the field of peaceful nuclear technology, including nuclear power plants,
research reactors, fuel fabrication, agreed joint advanced R&D such as fusion,
establishment of a state-of-the-art regional nuclear medical centre, personnel
training, nuclear safety and security, and environmental protection, as detailed
in Annex III. They will take necessary measures, as appropriate, for the
implementation of these projects.
33. The E3/EU+3 and Iran will agree on steps to ensure Iran's access in areas of
trade, technology, finance and energy. The EU will further explore possible
areas for cooperation between the EU, its Member States and Iran, and in this
context consider the use of available instruments such as export credits to
facilitate trade, project financing and investment in Iran.
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IMPLEMENTATION PLAN
34. Iran and the E3/EU+3 will implement their JCPOA commitments according to
the sequence specified in Annex V.
The milestones for implementation are as
follows:
i. Finalisation Day is the date on which negotiations of this JCPOA are
concluded among the E3/EU+3 and Iran, to be followed promptly by
submission of the resolution endorsing this JCPOA to the UN Security
Council for adoption without delay.
ii. Adoption Day is the date 90 days after the endorsement of this JCPOA
by the UN Security Council, or such earlier date as may be determined
by mutual consent of the JCPOA participants, at which time this JCPOA
and the commitments in this JCPOA come into effect. Beginning on that
date, JCPOA participants will make necessary arrangements and
preparations for the implementation of their JCPOA commitments.
iii. Implementation Day is the date on which, simultaneously with the IAEA
report verifying implementation by Iran of the nuclear-related measures
described in Sections 15.1. to 15.11 of Annex V, the EU and the United
States take the actions described in Sections 16 and 17 of Annex V
respectively and in accordance with the UN Security Council resolution,
the actions described in Section 18 of Annex V occur at the UN level.
iv. Transition Day is the date 8 years after Adoption Day or the date on
which the Director General of the IAEA submits a report stating that the
IAEA has reached the Broader Conclusion that all nuclear material in
Iran remains in peaceful activities, whichever is earlier. On that date, the
EU and the United States will take the actions described in Sections 20
and 21 of Annex V respectively and Iran will seek, consistent with the
Constitutional roles of the President and Parliament, ratification of the
Additional Protocol.
v. UN Security Council resolution Termination Day is the date on which the
UN Security Council resolution endorsing this JCPOA terminates
according to its terms, which is to be 10 years from Adoption Day,
provided that the provisions of previous resolutions have not been
reinstated. On that date, the EU will take the actions described in
Section 25 of Annex V.
35. The sequence and milestones set forth above and in Annex V are without
prejudice to the duration of JCPOA commitments stated in this JCPOA.
DISPUTE RESOLUTION MECHANISM
36. If
Iran believed that any or all of the E3/EU+3 were not meeting their
commitments under this JCPOA, Iran could refer the issue to the Joint
Commission for resolution; similarly, if any of the E3/EU + 3 believed that Iran
was not meeting its commitments under this JCPOA, any of the E3/EU+3
could do the same. The Joint Commission would have 15 days to resolve the
issue, unless the time period was extended by consensus. After Joint
Commission consideration, any participant could refer the issue to Ministers of
Foreign Affairs, if it believed the compliance issue had not been resolved.
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Ministers would have 15 days to resolve the issue, unless the time period was
extended by consensus. After Joint Commission consideration -in parallel
with ( or in lieu of) review at the Ministerial level - either the complaining
participant or the participant whose performance is in question could request
that the issue be considered by an Advisory Board, which would consist of
three members ( one each appointed by the participants in the dispute and a
third independent member). The Advisory Board should provide a non-binding
opinion on the compliance issue within 15 days. If, after this 30-day process
the issue is not resolved, the Joint Commission would consider the opinion of
the Advisory Board for no more than 5 days in order to resolve the issue. If the
issue still has not been resolved to the satisfaction of the complaining
participant, and if the complaining participant deems the issue to constitute
significant non-performance, then that participant could treat the unresolved
issue as grounds to cease performing its commitments under this JCPOA in
whole or in part and/or notify the UN Security Council that it believes the
issue constitutes significant non-performance.
37. Upon receipt of the notification from the complaining participant, as described
above, including a description of the good-faith efforts the participant made to
exhaust the dispute resolution process specified in this JCPOA, the UN
Security Council, in accordance with its procedures, shall vote on a resolution
to continue the sanctions lifting. If the resolution described above has not been
adopted within 30 days of the notification, then the provisions of the old UN
Security Council resolutions would be re-imposed, unless the UN Security
Council decides otherwise. In such event, these provisions would not apply
with retroactive effect to contracts signed between any party and Iran or
Iranian individuals and entities prior to the date of application, provided that
the activities contemplated under and execution of such contracts are
consistent with this JCPOA and the previous and current UN Security Council
resolutions. The UN Security Council, expressing its intention to prevent the
reapplication of the provisions if the issue giving rise to the notification is
resolved within this period, intends to take into account the views of the States
involved in the issue and any opinion on the issue of the Advisory Board. Iran
has stated that if sanctions are reinstated in whole or in part, Iran will treat that
as grounds to cease performing its commitments under this JCPOA in whole or
in part.
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JCPOAAnnex I-Nuclear-related measures
A. GENERAL
1.
The sequence of implementation of the commitments detailed in this Annex is
specified in Annex V to the Joint Comprehensive Plan of Action (JCPOA).
Unless otherwise specified, the durations of the commitments in this Annex
are from Implementation Day.
B. ARAK HEAVY WATER RESEARCH REACTOR
2.
Iran will modernise the Arak heavy water research reactor to support peaceful
nuclear research and radioisotopes production for medical and industrial
purposes. Iran will redesign and rebuild the reactor, based on the agreed
conceptual design (as attached to this Annex) to support its peaceful nuclear
research and production needs and purposes, including testing of fuel pins and
assembly prototypes and structural materials. The design will be such as to
minimise the production of plutonium and not to produce weapon-grade
plutonium in normal operation. The power of the redesigned reactor will not
exceed 20 MWth. The E3/EU+3 and Iran share the understanding that the
parameters in the conceptual design are subject to possible and necessary
adjustments in developing the final design while fully preserving the above
mentioned purposes and principles of modernisation.
3.
Iran will not pursue construction at the existing unfinished reactor based on its
original design and will remove the existing calandria and retain it in Iran. The
calandria will be made inoperable by filling any openings in the calandria with
concrete such that the IAEA can verify that it will not be usable for a future
nuclear application. In redesigning and reconstructing of the modernized Arak
heavy water research reactor, Iran will maximise the use of existing
infrastructure already installed at the current Arak research reactor.
4.
Iran will take the leadership role as the owner and as the project manager, and
have responsibility for overall implementation of the Arak modernisation
project, with E3/EU+3 participants assuming responsibilities regarding the
modernisation of the Arak reactor as described in this Annex. A Working
Group composed of E3/EU+3 participants will be established to facilitate the
redesigning and rebuilding of the reactor. An international partnership
composed of Iran and the Working Group would implement the Arak
modernisation project. The Working Group could be enlarged to include other
countries by consensus of the participants of the Working Group and Iran.
E3/EU+3 participants and Iran will conclude an official document expressing
their strong commitments to the Arak modernisation project in advance of
Implementation Day which would provide an assured path forward to
modernise the reactor and would define the responsibilities assumed by the
E3/EU+3 participants, and subsequently contracts would be concluded. The
participants of the Working Group will provide assistance needed by Iran for
redesigning and rebuilding the reactor, consistent with their respective national
laws, in such a manner as to enable the safe and timely construction and
commissioning of the modernised reactor.
5.
Iran and the Working Group will cooperate to develop the final design of the
modernised reactor and the design of the subsidiary laboratories to be carried
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out by Iran, and review conformity with international safety standards, such
that the reactor can be licensed by the relevant Iranian regulatory authority for
commissioning and operation. The final design of the modernised reactor and
the design of the subsidiary laboratories will be submitted to the Joint
Commission. The Joint Commission will aim to complete its review and
endorsement within three months after the submission of the final design. If
the Joint Commission does not complete its review and endorsement within
three months, Iran could raise the issue through the dispute resolution
mechanism envisaged by this JCPOA.
6. The IAEA will monitor the construction and report to the Working Group for
confirmation that the construction of the modernised reactor is consistent with
the approved final design.
7. As the project manager, Iran will take responsibility for the construction
efforts. E3/EU+3 parties will, consistent with their national laws, take
appropriate administrative, legal, technical, and regulatory measures to
support co-operation.
E3/EU+3 parties will support the purchase by Iran, the transfer and supply of
necessary materials, equipment, instrumentation and control systems and
technologies required for the construction of the redesigned reactor, through
the mechanism established by this JCPOA, as well as through exploration of
relevant funding contributions.
8. E3/EU+3 parties will also support and facilitate the timely and safe
construction of the modernized Arak reactor and its subsidiary laboratories,
upon request by Iran, through IAEA technical cooperation if appropriate,
including but not limited to technical and financial assistance, supply of
required materials and equipment, state-of-the-art instrumentation and control
systems and equipment and support for licensing and authorization.
9. The redesigned reactor will use up to 3.67 percent enriched uranium in the
form of UO2 with a mass of approximately 350 kg of UO2 in a full core load,
with a fuel design to be reviewed and approved by the Joint Commission. The
international partnership with the participation of Iran will fabricate the initial
fuel core load for the reactor outside Iran. The international partnership will
cooperate with Iran, including through technical assistance, to fabricate, test
and license fuel fabrication capabilities in Iran for subsequent fuel core reloads
for future use with this reactor. Destructive and non-destructive testing of this
fuel including Post-Irradiation-Examination (PIE) will take place in one of the
participating countries outside of Iran and that country will work with Iran to
license the subsequent fuel fabricated in Iran for the use in the redesigned
reactor under IAEA monitoring.
10. Iran will not produce or test natural uranium pellets, fuel pins or fuel
assemblies, which are specifically designed for the support of the originally
designed Arak reactor, designated by the IAEA as IR-40. Iran will store under
IAEA continuous monitoring all existing natural uranium pellets and IR-40
fuel assemblies until the modernised Arak reactor becomes operational, at
which point these natural uranium pellets and IR-40 fuel assemblies will be
converted to UNH, or exchanged with an equivalent quantity of natural
uranium. Iran will make the necessary technical modifications to the natural
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uranium fuel production process line that was intended to supply fuel for the
IR-40 reactor design, such that it can be used for the fabrication of the fuel
reloads for the modernised Arak reactor.
11. All spent fuel from the redesigned Arak reactor, regardless of its origin, for the
lifetime of the reactor, will be shipped out of Iran to a mutually determined
location in E3/EU+3 countries or third countries, for further treatment or
disposition as provided for in relevant contracts to be concluded, consistent
with national laws, with the recipient party, within one year from the
unloading from the reactor or whenever deemed to be safe for transfer by the
recipient country.
12. Iran will submit the DIQ of the redesigned reactor to the IAEA which will
include information on the planned radio-isotope production and reactor
operation programme. The reactor will be operated under IAEA monitoring.
13. Iran will operate the Fuel Manufacturing Plant only to produce fuel assemblies
for light water reactors and reloads for the modernized Arak reactor.
C. HEAVY WATER PRODUCTION PLANT
14. All excess heavy water which is beyond Iran's needs for the modernised Arak
research reactor, the Zero power heavy water reactor, quantities needed for
medical research and production of deuterate solutions and chemical
compounds including, where appropriate, contingency stocks, will be made
available for export to the international market based on international prices
and delivered to the international buyer for 15 years. Iran's needs, consistent
with the parameters above, are estimated to be 130 metric tonnes of nuclear
grade heavy water or its equivalent in different enrichments prior to
commissioning of the modernised Arak research reactor, and 90 metric tonnes
after the commissioning, including the amount contained in the reactor.
15. Iran will inform the IAEA about the inventory and the production of the
HWPP and will allow the IAEA to monitor the quantities of the heavy water
stocks and the amount of heavy water produced, including through IAEA
visits, as requested, to the HWPP.
D. OTHER REACTORS
16. Consistent with its plan, Iran will keep pace with the trend of international
technological advancement in relying only on light water for its future nuclear
power and research reactors with enhanced international cooperation including
assurances of supply of necessary fuel.
17. Iran intends to ship out all spent fuel for all future and pre sent nuclear power
and research reactors, for further treatment or disposition as provided for in
relevant contracts to be concluded consistent with national laws with the
recipient party.
E. SPENT FUEL REPROCESSING ACTIVITIES
18. For 15 years Iran will not, and does not intend to thereafter, engage in any
spent fuel reprocessing or spent fuel reprocessing R&D activities. For the
purpose of this annex, spent fuel includes all types of irradiated fuel.
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19. For 15 years Iran will not, and does not intend to thereafter, reprocess spent
fuel except for irradiated enriched uranium targets for production of radio
isotopes for medical and peaceful industrial purposes.
20. For 15 years Iran will not, and does not intend to thereafter, develop, acquire
or build facilities capable of separation of plutonium, uranium or neptunium
from spent fuel or from fertile targets, other than for production of radio
isotopes for medical and peaceful industrial purposes.
21. For 15 years, Iran will only develop, acquire, build, or operate hot cells
( containing a cell or interconnected cells), shielded cells or shielded glove
boxes with dimensions less than 6 cubic meters in volume compatible with the
specifications set out in Annex I of the Additional Protocol. These will be
co-located with the modernised Arak research reactor, the Tehran Research
Reactor, and radio-medicine production complexes, and only capable of the
separation and processing of industrial or medical isotopes and non-destructive
PIE. The needed equipment will be acquired through the procurement
mechanism established by this JCPOA. For 15 years, Iran will develop,
acquire, build, or operate hot cells (containing a cell or interconnected cells),
shielded cells or shielded glove boxes with dimensions beyond 6 cubic meters
in volume and specifications set out in Annex I of the Additional Protocol,
only after approval by the Joint Commission.
22. The E3/EU+3 are ready to facilitate all of the destructive and non-destructive
examinations on fuel elements and/or fuel assembly prototypes including PIE
for all fuel fabricated in or outside Iran and irradiated in Iran, using their
existing facilities outside Iran. Except for the Arak research reactor complex,
Iran will not develop, build, acquire or operate hot cells capable of performing
PIE or seek to acquire equipment to build/develop such a capability, for
15 years.
23. For 15 years, in addition to continuing current fuel testing activities at the
TRR, Iran will undertake non-destructive post irradiation examination (PIE) of
fuel pins, fuel assembly prototypes and structural materials. These
examinations will be exclusively at the Arak research reactor complex.
However, the E3/EU+3 will make available their facilities to conduct
destructive testing with Iranian specialists, as agreed. The hot cells at the Arak
research reactor in which non-destructive PIE are performed will not be
physically interconnected to cells that process or handle materials for the
production of medical or industrial radioisotopes.
24. For 15 years, Iran will not engage in producing or acquiring plutonium or
uranium metals or their alloys, or conducting R&D on plutonium or uranium
(or their alloys) metallurgy, or casting, forming, or machining plutonium or
uranium metal.
25. Iran will not produce, seek, or acquire separated plutonium, highly enriched
uranium (defined as 20% or greater uranium-235), or uranium-233, or
neptunium-237 (except for use as laboratory standards or in instruments using
neptunium-237) for 15 years.
26. If
Iran seeks to initiate R&D on uranium metal based TRR fuel in small agreed
quantities after 10 years and before 15 years, Iran will present its plan to, and
seek approval by, the Joint Commission.
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F. ENRICHMENT CAPACITY
27. Iran will keep its enrichment capacity at no more than 5060 IR-1 centrifuge
machines in no more than 30 cascades in their current configurations in
currently operating units at the Natanz Fuel Enrichment Plant (FEP) for
10 years.
28. Iran will keep its level of uranium enrichment at up to 3.67 percent for
15 years.
29. Iran will remove the following excess centrifuges and infrastructure not
associated with 5060 IR-1 centrifuges in FEP, which will be stored at Natanz
in Hall B of FEP under IAEA continuous monitoring:
29.1. All excess centrifuge machines, including IR-2m centrifuges. Excess IR-1
centrifuges will be used for the replacement of failed or damaged centrifuges
of the same type on a one-for-one basis.
29.2. UF6 pipework including sub headers, valves and pressure transducers at
cascade level, and frequency inverters, and UF6 withdrawal equipment from
one of the withdrawal stations, which is currently not in service, including its
vacuum pumps and chemical traps.
30. For the purpose of this Annex, the IAEA will confirm through the established
practice the failed or damaged status of centrifuge machines before removal.
31. For 15 years, Iran will install gas centrifuge machines, or enrichment-related
infrastructure, whether suitable for uranium enrichment, research and
development, or stable isotope enrichment, exclusively at the locations and for
the activities specified under this JCPOA.
G. CENTRIFUGES RESEARCH AND DEVELOPMENT
32. Iran will continue to conduct enrichment R&D in a manner that does not
accumulate enriched uranium. For 10 years and consistent with its enrichment
R&D plan, Iran's enrichment R&D with uranium will only include IR-4, IR-5,
IR-6 and IR-8 centrifuges. Mechanical testing on up to two single centrifuges
for each type will be carried out only on the IR-2m, IR-4, IR-5, IR-6, IR-6s,
IR-7 and IR-8. Iran will build or test, with or without uranium, only those gas
centrifuges specified in this JCPOA.
33. Consistent with its plan, Iran will continue working with the 164-machine
IR-2m cascade at PFEP in order to complete the necessary tests until
30 November 2015 or the day of implementation of this JCPOA, whichever
comes later, and after that it will take these machines out of the PFEP and
store them under IAEA continuous monitoring at Natanz in Hall B of FEP
34. Consistent with its plan, Iran will continue working with the 164-machine IR-4
cascade at PFEP in order to complete the necessary tests until 30 November
2015 or the day of implementation of this JCPOA, whichever comes later, and
after that it will take these machines out of the PFEP and store them under
IAEA continuous monitoring at Natanz in Hall B of FEP.
35. Iran will continue the testing of a single IR-4 centrifuge machine and IR-4
centrifuge cascade of up to 10 centrifuge machines for 10 years.
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36. Iran will test a single IR-5 centrifuge machine for 10 years.
37. Iran will continue testing of the IR-6 on single centrifuge machines and its
intermediate cascades and will commence testing of up to 30 centrifuge
machines from one and a half years before the end of year 10. Iran will
proceed from single centrifuge machines and small cascades to intermediate
cascades in a logical sequence.
38. Iran will commence, upon start of implementation of the JCPOA, testing of the
IR-8 on single centrifuge machines and its intermediate cascades and will
commence the testing of up to 30 centrifuges machines from one and a half
years before the end of year 10. Iran will proceed from single centrifuges to
small cascades to intermediate cascades in a logical sequence.
39. For 10 years, Iran, consistent with the established practice, will recombine the
enriched and depleted streams from the IR-6 and IR-8 cascades through the
use of welded pipework on withdrawal main headers in a manner that
precludes the withdrawal of enriched and depleted uranium materials and
verified by the IAEA.
40. For 15 years, Iran will conduct all testing of centrifuges with uranium only at
the PFEP. Iran will conduct all mechanical testing of centrifuges only at the
PFEP and the Tehran Research Centre.
41. For the purpose of adapting PFEP to the R&D activities in the enrichment and
enrichment R&D plan, Iran will remove all centrifuges except those needed for
testing as described in the relevant paragraphs above, except for the IR-I
cascade (No. 1) as described below. For the full IR-1 cascade (No. 6), Iran will
modify associated infrastructure by removing UF6 pipework, including
sub-headers, valves and pressure transducers at cascade level, and frequency
inverters. The IR-1 cascade (No. D) centrifuges will be kept but made
inoperable, as verified by the IAEA, through the removal of centrifuge rotors
and the injection of epoxy resin into the sub headers, feeding, product, and
tails pipework, and the removal of controls and electrical systems for vacuum,
power and cooling. Excess centrifuges and infrastructure will be stored at
Natanz in Hall B of FEP under IAEA continuous monitoring. The R&D space
in line No. 6 will be left empty until Iran needs to use it for its R&D
programme.
42. Consistent with the activities in the enrichment and enrichment R&D plan,
Iran will maintain the cascade infrastructure for testing of single centrifuges
and small and intermediate cascades in two R&D lines (No. 2 and No. 3) and
will adapt two other lines (No. 4 and No. 5) with infrastructure similar to that
for lines No. 2 and No. 3 in order to enable future R&D activities as specified
in this JCPoA. Adaptation will include modification of all UF6 pipework
(including removal of all sub headers except as agreed as needed for the R&D
programme) and associated instrumentation to be compatible with single
centrifuges and small and intermediate cascade testing instead of full scale
testing.
43. Consistent with its plan and internationally established practices, Iran intends
to continue R&D on new types of centrifuges through computer modelling and
simulations, including at universities. For any such project to proceed to a
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prototype stage for mechanical testing within 10 years, a full presentation to,
and approval by, the Joint Commission is needed.
H. FORDOW FUEL ENRICHMENT PLANT
44. The Fordow Fuel Enrichment Plant (FFEP) will be converted into a nuclear,
physics, and technology centre and international collaboration will be
encouraged in agreed areas of research. The Joint Commission will be
informed in advance of the specific projects that will be undertaken at Fordow.
45. Iran will not conduct any uranium enrichment or any uranium enrichment
related R&D and will have no nuclear material at the Fordow Fuel Enrichment
Plant (FFEP) for 15 years.
46. For 15 years, Iran will maintain no more than 1044 IR-1 centrifuge machines
at one wing of the FFEP of which:
46.1. Two cascades that have not experienced UF6 before will be modified for
the production of stable isotopes. The transition to stable isotope
production of these cascades at FFEP will be conducted in joint
partnership between the Russian Federation and Iran on the basis of
arrangements to be mutually agreed upon. To prepare these two cascades
for installation of a new cascade architecture appropriate for stable
isotope production by the joint partnership, Iran will remove the
connection to the UF6 feed main header, and move cascade UF6
pipework (except for the dump line in order to maintain vacuum) to
storage in Fordow under IAEA continuous monitoring. The Joint
Commission will be informed about the conceptual framework of stable
isotope production at FFEP.
46.2. For four cascades with all associated infrastructure remaining except for
pipework that enables crossover tandem connections, two will be placed
in an idle state, not spinning. The other two cascades will continue to
spin until the transition to stable isotope production described in the
previous subparagraph has been completed. Upon completion of the
transition to stable isotope production described in the previous
subparagraph, these two spinning cascades will be placed in an idle state,
not spinning.
47. Iran will:
4 7 .1. remove the other 2 cascades of IR-1 centrifuges from this wing, by
removing all centrifuges and cascade UF6 pipework, including
sub-headers, valves and pressure transducers at cascade level, and
frequency inverters.
47.2. also subsequently remove cascade electrical cabling, individual cascade
control cabinets and vacuum pumps. All these excess centrifuges and
infrastructure will be stored at Natanz in Hall B of FEP under IAEA
continuous monitoring.
48. Iran will:
48.1. remove all excess centrifuges and uranium enrichment related
infrastructure from the other wing of the FFEP. This will include removal
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of all centrifuges and UF6 pipework, including sub headers, valves and
pressure gauges and transducers, and frequency inverters and converters,
and UF6 feed and withdrawal stations.
48.2. also subsequently remove cascade electrical cabling, individual cascade
control cabinets, vacuum pumps and centrifuge mounting blocks. All
these excess centrifuges and infrastructure will be stored at Natanz in
Hall B of FEP under IAEA continuous monitoring.
49. Centrifuges from the four idle cascades may be used for the replacement of
failed or damaged centrifuges in stable isotope production at Fordow.
50. Iran will limit its stable isotope production activities with gas centrifuges to
the FFEP for 15 years and will use no more than 348 IR-1 centrifuges for these
activities at the FFEP. The associated R&D activities in Iran will occur at the
FFEP and at Iran's declared and monitored centrifuge manufacturing facilities
for testing, modification and balancing these IR-1 centrifuges.
51. The IAEA will establish a baseline for the amount of uranium legacy from past
enrichment operations that will remain in Fordow. Iran will permit the IAEA
regular access, including daily as requested by the IAEA, access to the FFEP
in order to monitor Iran's production of stable isotopes and the absence of
undeclared nuclear material and activities at the FFEP for 15 years.
I. OTHER ASPECTS OF ENRICHMENT
52. Iran will abide by its voluntary commitments as expressed in its own long term
enrichment and enrichment R&D plan to be submitted as part of the initial
declaration described in Article 2 of the Additional Protocol.
The IAEA will
confirm on an annual basis, for the duration of the plan that the nature and
scope and scale of Iran's enrichment and enrichment R&D activities are in line
with this plan.
1
53. Iran will start to install necessary infrastructure for the IR-8 at Natanz in Hall
B of FEP after year 10.
54. An agreed template for describing different centrifuge types (IR-1, IR-2m, IR-4,
IR-5, IR-6, IR-6s, IR-7, IR-8) and the associated definitions need to be
accomplished by implementation day.
55. An agreed procedure for measuring IR-1, IR-2m and IR-4 centrifuge
performance data needs to be accomplished by implementation day.
J. URANIUM STOCKS AND FUELS
56. Iran will maintain a total enriched uranium stockpile of no more than 300 kg
of up to 3.67% enriched uranium hexafluoride (or the equivalent in different
chemical forms) for 15 years.
57. All enriched uranium hexafluoride in excess of 300 kg of up to 3.67%
enriched UF6 (or the equivalent in different chemical forms) will be down
blended to natural uranium level or be sold on the international market and
delivered to the international buyer in return for natural uranium delivered to
1
Iran will permit the IAEA to share the content of the enrichment and enrichment R&D plan, as
submitted as part of the initial declaration, with the Joint Commission participants.
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Iran. Iran will enter into a commercial contract with an entity outside Iran for
the purchase and transfer of its enriched uranium stockpile in excess of 300 kg
UF6 in return for natural uranium delivered to Iran. The E3/EU+3 will
facilitate, where applicable, the conclusion and implementation of this
contract. Iran may choose to seek to sell excess enriched uranium to the IAEA
fuel bank in Kazakhstan when the fuel bank becomes operational.
58. All uranium oxide enriched to between 5% and 20% will be fabricated into
fuel plates for the Tehran Research Reactor or transferred, based on a
commercial transaction, outside of Iran or diluted to an enrichment level of
3.67% or less. Scrap oxide and other forms not in plates that cannot be
fabricated into TRR fuel plates will be transferred, based on a commercial
transaction, outside of Iran or diluted to an enrichment level of 3.67% or less.
In case of future supply of 19.75% enriched uranium oxide (U3O8) for TRR
fuel plates fabrication, all scrap oxide and other forms not in plates that cannot
be fabricated into TRR fuel plates, containing uranium enriched to between
5% and 20%, will be transferred, based on a commercial transaction, outside
of Iran or diluted to an enrichment level of 3.67% or less within 6 months of
its production. Scrap plates will be transferred, based on a commercial
transaction, outside Iran. The commercial transactions should be structured to
return an equivalent amount of natural uranium to Iran. For 15 years, Iran will
not build or operate facilities for converting fuel plates or scrap back to UF6.
59. Russian designed, fabricated and licensed fuel assemblies for use in Russian
supplied reactors in Iran do not count against the 300 kg UF6 stockpile limit.
Enriched uranium in fabricated fuel assemblies from other sources outside of
Iran for use in Iran's nuclear research and power reactors, including those
which will be fabricated outside of Iran for the initial fuel load of the
modernised Arak research reactor, which are certified by the fuel supplier and
the appropriate Iranian authority to meet international standards, will not count
against the 300 kg UF6 stockpile limit. The Joint Commission will establish a
Technical Working Group with the goal of enabling fuel to be fabricated in
Iran while adhering to the agreed stockpile parameters (300 kg of up to 3 .67 %
enriched UF6 or the equivalent in different chemical forms). This Technical
Working Group will also, within one year, work to develop objective technical
criteria for assessing whether fabricated fuel and its intermediate products can
be readily converted to UF6. Enriched uranium in fabricated fuel assemblies
and its intermediate products manufactured in Iran and certified to meet
international standards, including those for the modernised Arak research
reactor, will not count against the 300 kg UF6 stockpile limit provided the
Technical Working Group of the Joint Commission approves that such fuel
assemblies and their intermediate products cannot be readily reconverted into
UF6. This could for instance be achieved through impurities (e.g. burnable
poisons or otherwise) contained in fuels or through the fuel being in a
chemical form such that direct conversion back to UF6 would be technically
difficult without dissolution and purification. The objective technical criteria
will guide the approval process of the Technical Working Group. The IAEA
will monitor the fuel fabrication process for any fuel produced in Iran to verify
that the fuel and intermediate products comport with the fuel fabrication
process that was approved by the Technical Working Group. The Joint
Commission will also support assistance to Iran including through IAEA
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technical cooperation as appropriate, in meeting international qualification
standards for nuclear fuel produced by Iran.
60. Iran will seek to enter into a commercial contract with entities outside Iran for
the purchase of fuel for the TRR and enriched uranium targets. The E3/EU+3
will facilitate, as needed, the conclusion and implementation of this contract.
In the case of lack of conclusion of a contract with a fuel supplier, E3/EU+3
will supply a quantity of 19.75% enriched uranium oxide (U3O8) and deliver
to Iran, exclusively for the purpose of fabrication in Iran of fuel for the TRR
and enriched uranium targets for the lifetime of the reactor. This 19.75%
enriched uranium oxide (U3O8) will be supplied in increments no greater than
approximately 5 kg and each new increment will be provided only when the
previous increment of this material has been verified by the IAEA to have
been mixed with aluminum to make fuel for the TRR or fabricated into
enriched uranium targets. Iran will notify the E3/EU+3 within 2 year before
the contingency of TRR fuel will be exhausted in order to have the uranium
oxide available 6 months before the end of the 2 year period.
K. CENTRIFUGE MANUFACTURING
61. Consistent with its enrichment and enrichment R&D plan, Iran will only
engage in production of centrifuges, including centrifuge rotors suitable for
isotope separation or any other centrifuge components, to meet the enrichment
and enrichment R&D requirements of this Annex.
62. Consistent with its plan, Iran will use the stock of IR-I centrifuge machines in
storage, which are in excess of the remaining 5060 IR-I centrifuges in Natanz
and the IR-I centrifuges installed at Fordow, for the replacement of failed or
damaged machines. Whenever during the 10 year period from the start of the
implementation of the JCPOA, the level of stock of IR-I machines falls to 500
or below, Iran may maintain this level of stock by resuming production of IR- I
machines at a rate up to the average monthly crash rate without exceeding the
stock of 500.
63. Consistent with its plan, at the end of year 8, Iran will commence
manufacturing of IR-6 and IR-8 centrifuges without rotors through year 10 at a
rate of up to 200 centrifuges per year for each type. After year 10, Iran will
produce complete centrifuges with the same rate to meet its enrichment and
enrichment R&D needs. Iran will store them at Natanz in an above ground
location, under IAEA continuous monitoring, until they are needed for final
assembly according to the enrichment and enrichment R&D plan.
L. ADDITIONAL PROTOCOL AND MODIFIED CODE 3.1
64. Iran will notify the IAEA of provisional application of the Additional Protocol
to its Safeguards Agreement in accordance with Article 17(b) of the Additional
Protocol pending its entry into force, and subsequently seek ratification and
entry into force, consistent with the respective roles of the President and the
Majlis (Parliament).
65. Iran will notify the IAEA that it will fully implement the Modified Code 3 .1 of
the Subsidiary Arrangement to Iran's Safeguards Agreement as long as the
Safeguards Agreement remains in force.
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M. PAST AND PRESENT ISSUES OF CONCERN
66. Iran will complete all activities as set out in paragraphs 2, 4, 5, and 6 of the
"Roadmap for Clarification of Past and Present Outstanding Issues, as
verified by the IAEA in its regular updates by the Director General of the
IAEA on the implementation of this Roadmap.
N. MODERN TECHNOLOGIES AND LONG TERM PRESENCE OF IAEA
67. For the purpose of increasing the efficiency of monitoring for this JCPOA, for
15 years or longer, for the specified verification measures:
67.1. Iran will permit the IAEA the use of on-line enrichment measurement
and electronic seals which communicate their status within nuclear sites
to IAEA inspectors, as well as other IAEA approved and certified
modern technologies in line with internationally accepted IAEA practice.
Iran will facilitate automated collection of IAEA measurement
recordings registered by installed measurement devices and sending to
IAEA working space in individual nuclear sites.
67.2. Iran will make the necessary arrangements to allow for a long-term IAEA
presence, including issuing long-term visas, as well as providing proper
working space at nuclear sites and, with best efforts, at locations near
nuclear sites in Iran for the designated IAEA inspectors for working and
keeping necessary equipment.
67.3. Iran will increase the number of designated IAEA inspectors to the range
of 130-150 within 9 months from the date of the implementation of the
JCPOA, and will generally allow the designation of inspectors from
nations that have diplomatic relations with Iran, consistent with its laws
and regulations.
0. TRANSPARENCY RELATED TO URANIUM ORE CONCENTRATE (UOC)
68. Iran will permit the IAEA to monitor, through agreed measures that will
include containment and surveillance measures, for 25 years, that all uranium
ore concentrate produced in Iran or obtained from any other source, is
transferred to the uranium conversion facility (UCF) in Esfahan or to any other
future uranium conversion facility which Iran might decide to build in Iran
within this period.
69. Iran will provide the IAEA with all necessary information such that the IAEA
will be able to verify the production of the uranium ore concentrate and the
inventory of uranium ore concentrate produced in Iran or obtained from any
other source for 25 years.
P. TRANSPARENCY RELATED TO ENRICHMENT
70. For 15 years, Iran will permit the IAEA to implement continuous monitoring,
including through containment and surveillance measures, as necessary, to
verify that stored centrifuges and infrastructure remain in storage, and are only
used to replace failed or damaged centrifuges, as specified in this Annex.
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71. Iran will permit the IAEA regular access, including daily access as requested
by the IAEA, to relevant buildings at Natanz, including all parts of the FEP
and PFEP, for 15 years.
72. For 15 years, the Natanz enrichment site will be the sole location for all of
Iran's uranium enrichment related activities including safeguarded R&D.
73. Iran intends to apply nuclear export policies and practices in line with the
internationally established standards for the export of nuclear material,
equipment and technology. For 15 years, Iran will only engage, including
through export of any enrichment or enrichment related equipment and
technology, with any other country, or with any foreign entity in enrichment or
enrichment related activities, including related research and development
activities, following approval by the Joint Commission.
Q. ACCESS
74. Requests for access pursuant to provisions of this JCPOA will be made in
good faith, with due observance of the sovereign rights of Iran, and kept to the
minimum necessary to effectively implement the verification responsibilities
under this JCPOA. In line with normal international safeguards practice, such
requests will not be aimed at interfering with Iranian military or other national
security activities, but will be exclusively for resolving concerns regarding
fulfilment of the JCPOA commitments and Iran's other non-proliferation and
safeguards obligations. The following procedures are for the purpose of
JCPOA implementation between the E3/EU+3 and Iran and are without
prejudice to the safeguards agreement and the Additional Protocol thereto. In
implementing this procedure as well as other transparency measures, the IAEA
will be requested to take every precaution to protect commercial, technological
and industrial secrets as well as other confidential information coming to its
knowledge.
75. In furtherance of implementation of the JCPOA, if the IAEA has concerns
regarding undeclared nuclear materials or activities, or activities inconsistent
with the JCPOA, at locations that have not been declared under the
comprehensive safeguards agreement or Additional Protocol, the IAEA will
provide Iran the basis for such concerns and request clarification.
76. If
Iran's explanations do not resolve the IAEA's concerns, the Agency may
request access to such locations for the sole reason to verify the absence of
undeclared nuclear materials and activities or activities inconsistent with the
JCPOA at such locations. The IAEA will provide Iran the reasons for access in
writing and will make available relevant information.
77. Iran may propose to the IAEA alternative means of resolving the IAEA's
concerns that enable the IAEA to verify the absence of undeclared nuclear
materials and activities or activities inconsistent with the JCPOA at the
location in question, which should be given due and prompt consideration.
78. If
the absence of undeclared nuclear materials and activities or activities
inconsistent with the JCPOA cannot be verified after the implementation of the
alternative arrangements agreed by Iran and the IAEA, or if the two sides are
unable to reach satisfactory arrangements to verify the absence of undeclared
nuclear materials and activities or activities inconsistent with the JCPOA at the
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specified locations within 14 days of the IAEA's original request for access,
Iran, in consultation with the members of the Joint Commission, would resolve
the IAEA's concerns through necessary means agreed between Iran and the
IAEA. In the absence of an agreement, the members of the Joint Commission,
by consensus or by a vote of 5 or more of its 8 members, would advise on the
necessary means to resolve the IAEA's concerns. The process of consultation
with, and any action by, the members of the Joint Commission would not
exceed 7 days, and Iran would implement the necessary means within
3 additional days.
R. CENTRIFUGE COMPONENT MANUFACTURING TRANSPARENCY
79. Iran and the IAEA will take the necessary steps for containment and
surveillance on centrifuge rotor tubes and bellows for 20 years.
80. In this context:
80.1. Iran will provide the IAEA with an initial inventory of all existing
centrifuge rotor tubes and bellows and subsequent reports on changes in
such inventory and will permit the IAEA to verify the inventory by item
counting and numbering, and through containment and surveillance, of
all rotor tubes and bellows, including in all existing and newly produced
centrifuges.
80.2. Iran will declare all locations and equipment, namely flow-forming
machines, filament-winding machines and mandrels that are used for
production of centrifuge rotor tubes or bellows, and will permit the IAEA
to implement continuous monitoring, including through containment and
surveillance on this equipment, to verify that this equipment is being
used to manufacture centrifuges only for the activities specified in this
JCPOA.
S. OTHER URANIUM ISOTOPE SEPARATION ACTIVITIES
81. For 10 years, Iran's uranium isotope separation-related research and
development or production activities will be exclusively based on gaseous
centrifuge technology.
Iran will permit IAEA access to verify that uranium
isotope separation production and R&D activities are consistent with this
Annex.
2
T. ACTIVITIES WHICH COULD CONTRIBUTE TO THE DESIGN AND
DEVELOPMENT OF A NUCLEAR EXPLOSIVE DEVICE
82. Iran will not engage in the following activities which could contribute to the
development of a nuclear explosive device:
82.1. Designing, developing, acquiring, or using computer models to simulate
nuclear explosive devices.
2
For the purpose of this Annex, non-gaseous centrifuge uranium isotope separation-related
research and development or production will include laser isotope separation systems,
electromagnetic isotope separation systems, chemical exchange systems, gaseous diffusion
systems, vortex and aerodynamic systems, and other such processes that separate uranium
isotopes.
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82.2. Designing, developing, fabricating, acquiring, or using multi-point
explosive detonation systems suitable for a nuclear explosive device,
unless approved by the Joint Commission for non-nuclear purposes and
subject to monitoring.
82.3. Designing, developing, fabricating, acquiring, or using explosive
diagnostic systems (streak cameras, framing cameras and flash x-ray
cameras) suitable for the development of a nuclear explosive device,
unless approved by the Joint Commission for non-nuclear purposes and
subject to monitoring.
82.4. Designing, developing, fabricating, acquiring, or using explosively
driven neutron sources or specialized materials for explosively driven
neutron sources.
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Attachment: Arak conceptual design
Fundamental Principles:
• Maximize use of the current infrastructure of original design of Arak research
reactor, designated by the IAEA as IR-40, according to their respective ratings.
• Modernizing of the original design in order to be a multi-purpose research
reactor comprising radio-isotope production, structural materials and fuel (pins
and assembly prototypes) testing and able to conduct other neutronic
experiments which demand high neutron fluxes (more than 10').
• Using heavy water as coolant, moderator and reflector. Light water would be
utilized as an annular ring around the compact new core for safety reasons if
necessary.
• Around 78 fuel assemblies in
a tight hexagonal grid spacing with the following
preliminary characteristics will be loaded.
• Up to 3.67 percent enriched UO5, in
the improved assembly design, will be
used as fuel.
• Power will not exceed to 20 MWth.
• Adding different types of beam tubes to the existing beam tubes which being
extended to the edge of the new compact core.
• Having one central channel in the center of the new core with passive cooling
system for the purpose of structural materials and fuel pins and assembly
prototypes testing with neutron flux beyond 2• 1 0, twelve in-core irradiation
channels (IIC) inside the core and twelve lateral irradiation chennals (LIC) just
next to the outer ring of fuel assemblies.
• The location of the in-core and lateral irradiation channels should be designed
and fixed to meet the best anticipated performances.
• Consistent with relevant section of Annex I, subsidiary laboratories are part of
the modernization project of the Arak Research Reactor. In Addition, Annex III
reinforce design and construction of subsidiary laboratories.
• The highest tolerable pressure for the first and second loop is 0.33 Mpa (at the
interance of the reactor pit).
• The highest possible flow rate for coolant is 610 kg/s at the pressure of
0.33 MPa in the main piping system and 42 Kg/sec for Moderator with the
same conditions.
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Preliminary Characteristics:
Core Parameters
Values
Power (MW)
20
Number of fuel assemblies
78
Active length (cm)
- 110
Lattice configuration
Hexagonal
Fuel pellets Material
UO,
Fuel enrichment level
Up to 3.67 %
Clad material
Zr Alloys
Burnable poison
Yes, if necessary
Lattice pitch (cm)
~ll
Coolant medium
DO
Moderator medium
D.O
Reflector medium
DO
Reflector thickness ( cm)
- 50
Purity of D2O
- 99.8%
Mass of D2O (mtons)
- 60-70
Yearly makeup
Yes
K%
< 1.25
Core Excess reactivity (pcm)
< 20000
Cycle length (days) %ooroximatt
- 250
3Pu at EoC (g)
- 850
3pu puritv at EoC
78%
23°1 consumption
- 60%
Maximum Thermal Flux, E<0.625ev
- 3·10!
Maximum Fast Flux, E>0.625ev
- 1·10!
Minimum Thermal Flux, E<0.625ev
- 1·10!
Minimum Fast Flux, E>0.625ev
- 1·10!
Fluid velocity in channels (m/s)
- 3.8
Channel mass flow rate (kg/s)
2.4
Working pressure (MPa)
0.33
Fluid inlet temperature ('C)
~47
Fluid outlet temperature ("C)
78
Core material
Mainly S.S. 304
Core wall Thichness (mm)
- 30
Fuel Pellet Diameter (cm)
-0.65
Inner Clad Diameter (cm)
- 0.67
Outer Clad Diameter (cm)
- 0.8
Number of pins per assembly
12
Mass of UO2 in full core load (Kg)
- 350
Core diameter ( cm)
- 240
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JCPOA Annex II -- Sanctions-related commitments
The sequence of implementation of the commitments detailed in this Annex is
specified in Annex V (Implementation Plan) to this Joint Comprehensive Plan of
Action (JCPOA).
A. European Union
1
1. The EU and EU Member States commit to terminate all provisions of Council
Regulation (EU) No 267/2012 (as subsequently amended) implementing all
nuclear-related sanctions or restrictive measures as specified in Sections
1.1-1.10 below, to terminate all provisions of Council Decision
2010/413/CFSP (as subsequently amended), as specified in Sections 1.1-1.10
below, and to terminate or amend national implementing legislation as
required, in accordance with Annex V:
1.1. Financial, banking and insurance measures
2
1.1.1 Prohibition and authorisation regimes on financial transfers to and from Iran
(Article 10 of Council Decision 2010/413/CFSP: Articles 30, 30a, 30b and
31 of Council Regulation (EU) No 267/2012):
1.1.2. Sanctions on banking activities (Article 11 of Council Decision
2010/413/CFSP; Article 33 of Council Regulation (EU) No 267/2012):
1.1.3. Sanctions on insurance (Article 12 of Council Decision 2010/413/CFSP;
Article 35 of Council Regulation (EU) No 267/2012);
1.1.4. Sanctions on financial messaging services (Article 20(12) of Council
Decision 2010/413/CFSP; Article 23( 4) of Council Regulation (EU)
No 267/2012);
1.1.5. Sanctions on financial support for trade with Iran (Article 8 of Council
Decision 2010/413/CFSP);
1.1.6. Sanctions on grants, financial assistance and concessional loans (Article 9
of Council Decision 2010/413/CFSP);
1.1.7. Sanctions on Government of Iran public-guaranteed bonds (Article 13 of
Council Decision 2010/413/CFSP; Article 34 of Council Regulation (EU)
No 267/2012): and
1.1.8. Sanctions on associated services
for each of the categories above (see the
references above).
3
1
For the purposes of EU legislation, "Iranian person, entity or body" means:
()
the State of Iran or any public authority thereof;
(ii) any natural person in, or resident in, Iran;
(iii) any legal person, entity or body having its registered office in Iran;
(iv) any legal person, entity or body, inside or outside Iran, owned or controlled directly or
indirectly by one or more of the above mentioned persons or bodies.
2
The headings and subheadings in this Annex are for descriptive purposes only.
3
For the purposes of this Annex, the term "associated services" means any service including
technical assistance, training, insurance, re-insurance, brokering, transportation or financial
service necessary and ordinarily incident to the underlying activity for which sanctions have
been lifted pursuant to this JCPOA.
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1.2. Oil, gas and petrochemical sectors
1.2.1. Sanctions on the import of oil and gas from Iran (Articles 3a, 3c and 3e of
Council Decision 2010/413/CFSP; Articles 11, 12 and 14a, and Annexes IV
and IVA of Council Regulation (EU) No 267/2012);
1.2.2. Sanctions on the import of Iranian petrochemical products (Articles 3b and
3d of Council Decision 2010/413/CFSP; Articles 13 and 14, and Annex V of
Council Regulation (EU) No 267/2012);
1.2.3. Sanctions on the export of key equipment for the oil, gas and petrochemical
sectors (Articles 4, 4a and 4b of Council Decision 2010/413/CFSP; Articles
8,9 and 10, and Annexes VI and VIA of Council Regulation (EU)
No 267/2012);
1.2.4. Sanctions on investment in the oil, gas and petrochemical sectors (Articles 6,
6a and 7 of Council Decision 2010/413/CFSP; Articles 17(1), 17(2)(b) and
(c), 17(3), 17(4), 17(5), 20 and 21 of Council Regulation (EU) No 267/2012);
and
1.2.5. Sanctions on associated services for each of the categories above (see the
references above).
1.3. Shipping, shipbuilding and transport sectors
1.3.1. Sanctions related to shipping and shipbuilding (Articles 4g, 4h, 8a, 18a and
18b of Council Decision 2010/413/CFSP: Articles 10a, 10b, 10c, 37a, and
37b, and Annex VIB of Council Regulation (EU) No 267/2012):
1.3.2. Sanctions related to the transport sector (Articles 15, 16, 17 and 18 of
Council Decision 2010/413/CFSP; Articles 36 and 37 of Council Regulation
(EU) No 267/2012): and
1.3.3. Sanctions on associated services for each of the categories above (see the
references above).
1.4. Gold, other precious metals, banknotes and coinage
1.4.1. Sanctions on gold, precious metals and diamonds, banknotes and coinage
(Articles 4c and 4d of Council Decision 2010/413/CFSP:; Articles 15 and 16,
and Annex VII of Council Regulation (EU) No 267/2012); and
1.4.2. Sanctions on associated services for each of the categories above (see the
references above).
1.5. Nuclear proliferation-related measures
1.5.1. Sanctions related to proliferation-sensitive nuclear activities (goods and
technology, investment and specialised training) (Articles 1(1) (a), (b), (d),
(e), (2), (3) and (4), 2, 3, 5, 14 and 21 of Council Decision 2010/413/CFSP;
Articles 2, 3, 4, 5, 6,7, 17(1) and (2)(a), 18, 19 and 22, and Annexes I, II and
III of Council Regulation (EU) No 267/2012); and
1.5.2. Sanctions on associated services for the category above (see the references
above).
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1.6. Metals
1.6.1. Sanctions on metals (Articles 4e and 4f of Council Decision
2010/413/CFSP; Articles 15a, 15b and 15c, and Annex VIIB of Council
Regulation (EU) No 267/2012); and
1.6.2. Sanctions on associated services for the category above (see the references
above).
1.7. Software
1.7.1. Sanctions on software (Articles 4i and 4j of Council Decision
2010/413/CFSP; Articles 10d, l0e and l0f, and Annex VIIA of Council
Regulation (EU) No 267/2012); and
1.7.2. Sanctions on associated services for the category above (see the references
above).
1.8. Arms
1.8.1. Sanctions on arms (Articles l(l)(c), (3) and (4), and 3 of Council Decision
2010/413/CFSP; Articles 5(l)(a) and (c), 17(1) and (2)(a), and 19 of
Council Regulation (EU) No 267/2012); and
1.8.2. Sanctions on associated services for the category above (see the references
above).
1.9. Listing of persons, entities and bodies (asset freeze and visa ban)
1.9.1. Asset freeze and visa ban measures applicable to:
1.9 .1.1. listed Iranian banks and financial institutions, including the Central
Bank of Iran;
1.9.1.2. listed persons, entities and bodies related to the oil, gas and
petrochemical sectors;
1.9 .1. 3. listed persons, entities and bodies related to shipping, shipbuilding
and transport;
1.9 .1.4. other listed persons, entities and bodies not related to proliferation
sensitive nuclear-, arms- and ballistic missile-related activities;
1.9 .1. 5. listed persons, entities and bodies related to proliferation-sensitive
nuclear-, arms- and ballistic missile-related activities; and
1.9.1.6. entities and individuals listed by the UN Security Council, as set
out in Attachment 1, part I to this Annex for categories 1.9.1.1-
1.9.1.4, Attachment 2, part I to this Annex for category 1.9.1.5, and
Parts II of Attachments 1 and 2 t0 this Annex for category 1. 9 .1.6
(Articles 19 and 20, and Annexes I and II to Council Decision
2010/413/CFSP; Articles 23, 24, 25, 26, 27, 28, 28a, 28b and 29,
and Annexes VIII and IX to Council Regulation (EU)
No 267/2012).
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1.10.
Other provisions
1.10.1.
The commitment in Section 1 covers all remaining provisions of Council
Decision 2010/413/CFSP and Council Regulation (EU) No 267/2012 not
specified above.
1.10.1.1. Definitions (Article 1 of Council Regulation (EU) No 267/2012); and
1.10.1.2. General and final provisions (Articles 22, 23, 24, 25, 26, 26a, 27 and 28
of Council Decision 2010/413/CFSP; Articles 38, 39, 40, 41, 42, 43, 43a,
44, 45, 46, 47, 48, 49, 50 and 51, and Annex X of Council Regulation
(EU) No 267/2012).
2.
The EU represents that the provisions listed in Section 1 above constitute
the full and complete list of all EU nuclear-related sanctions or restrictive
measures. These sanctions or restrictive measures will be lifted in
accordance with Annex V
3.
Effects of the lifting of EU economic and financial sanctions
3.1.
As a result of the lifting of sanctions specified in Section 1 above, the
following activities, including associated services, will be allowed,
beginning on implementation day, in accordance with this JCPOA and
provided that such activities are otherwise consistent with EU and EU
Member States' laws and regulations in effect:
4
3.2.
Financial, banking and insurance measures (See Sections 1.1.1 to 1.1.8)
3.2.1.
Transfers of funds between EU persons, entities or bodies, including EU
financial and credit institutions, and Iranian persons, entities or bodies,
including Iranian financial and credit institutions, without the
requirement for authorisation or notification;
3.2.2.
Opening of new branches, subsidiaries or representative offices of Iranian
banks in the territories of EU Member States; and the establishment of
new joint ventures, or the taking of an ownership interest or the
establishment of new correspondent banking relationships by Iranian
banks with EU banks; and opening by EU persons, including EU financial
and credit institutions, of representative offices, subsidiaries, joint
ventures or bank accounts in Iran;
3.2.3.
Provision of insurance or reinsurance to Iran or the Government of Iran,
an Iranian legal person, entity or body, or a natural person or a legal
person, entity or body acting on their behalf or at their direction;
3.2.4.
Supply of specialised financial messaging services to any Iranian natural
or legal persons, entities or bodies, including those listed in Attachment 1
to this Annex;
3.2.5.
Entering into commitments by EU Member States to provide financial
support for trade with Iran, including the granting of export credits,
4
Unless specifically provided otherwise, the sanctions lifting described in this Section does not
apply to transactions that involve persons still subject to restrictive measures and is without
prejudice to sanctions that may apply under legal provisions other than those referred to in
Section 1. Nothing in this JCPOA reflects a change in Iran's position on EU sanctions.
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guarantees or insurance; and into commitments for grants, financial
assistance and concessional loans to the Government of Iran; and
3.2.6. Sale or purchase of public or public-guaranteed bonds to and from Iran,
the Government of Iran, the Central Bank of Iran, or Iranian banks and
financial institutions or persons acting on their behalf.
3.3.
Oil, gas and petrochemical sectors (See Sections 1.2.1 to 1.2.5)
3 .3 .1. Import, purchase, swap or transport of Iranian crude oil and petroleum
products, natural gas or petrochemical products and related financing;
3.3.2. Sale, supply, transfer or export of equipment or technology, technical
assistance, including training, used in the sectors of the oil, gas and
petrochemical industries in Iran covering exploration, production and
refining of oil and natural gas, including liquefaction of natural gas, to any
Iranian person, in or outside Iran, or for use in Iran; and
3 .3 .3. Granting of any financial loan or credit to, the acquisition or extension of a
participation in, and the creation of any joint venture with, any Iranian
person that is engaged in
the oil, gas and petrochemical sectors in Iran or
outside Iran.
3.4.
Shipping, shipbuilding and transport sectors (See Sections 1.3.1 to 1.3.3)
3.4.1. Sale, supply, transfer or export of naval equipment and technology for ship
building, maintenance or refit, to Iran or to any Iranian persons engaged in
this sector; the design, construction or the participation in the design or
construction of cargo vessels and oil tankers for Iran or for Iranian
persons; the provision of vessels designed or used for the transport or
storage of oil and petrochemical products to Iranian persons, entities or
bodies; and the provision of flagging and classification services, including
those pertaining to technical specification, registration and identification
numbers of any kind, to Iranian oil tankers and cargo vessels;
3.4.2. Access to the airports under the jurisdiction of EU Member States of all
cargo flights operated by Iranian carriers or originating from Iran;
3.4.3. Cessation of inspection, seizure and disposal by EU Member States of
cargoes to and from Iran in their territories with regard to items which are
no longer prohibited; and
3.4.4. Provision of bunkering or ship supply services, or any other servicing of
vessels, to Iranian-owned or Iranian-contracted vessels not carrying
prohibited items; and the provision of fuel, engineering and maintenance
services to Iranian cargo aircraft not carrying prohibited items.
3.5.
Gold, other precious metals, banknotes and coinage (See Sections 1.4.1
to 1.4.2)
3.5.1. Sale, supply, purchase, export, transfer or transport of gold and precious
metals as well as diamonds, and provision of related brokering, financing
and security services, to, from or for the Government of Iran, its public
bodies, corporations and agencies, or the Central Bank of Iran; and
3.5.2. Delivery of newly printed or minted or unissued Iranian denominated
banknotes and coinage to, or for the benefit of the Central Bank of Iran.
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3.6. Metals (See Sections 1.6.1 to 1.6.2)
3 .6.1. Sale, supply, transfer or export of graphite and raw or semi-finished metals,
such as aluminum and steel to any Iranian person, entity or body or for use
in Iran, in connection with activities consistent with this JCPOA.
3.7.
Software (See Sections 1.7.1 to 1.7.2)
3.7.1. Sale, supply, transfer or export of software for integrating industrial
processes, including updates, to any Iranian person, entity or body, or for use
in Iran, in connection with activities consistent with this JCPOA,
3.8. Listing of persons, entities and bodies (asset freeze and visa ban) (See
Section 1.9.1)
3 .8.1. As a result of delisting as specified in this Annex, releasing of all funds and
economic resources which belong to, and making available funds or
economic resources to, the persons, entities and bodies, including Iranian
banks and financial institutions, the Central Bank of Iran, listed in
Attachment 1 to this Annex; and
3.8.2. As a result of delisting as specified in this Annex, entry into, or transit
through the territories of EU Member States of individuals listed in
Attachment 1 to this Annex.
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B. United States
5
4.
The United States commits to cease the application of, and to seek such
legislative action as may be appropriate to terminate, or modify to effectuate
the termination of, all nuclear-related sanctions
6
as specified in Sections 4.1-
4.9 below, and to terminate Executive Orders 13574, 13590, 13622 and
13645, and Sections 5-7 and 15 of Executive Order 13628, in accordance
with Annex v.7
4.1. Financial and banking measures
4 .1.1. Sanctions on transactions with individuals and entities set out in Attachment 3
to this Annex, including: the Central Bank of Iran (CBI) and other specified
Iranian financial institutions; the National Iranian Oil Company (NIOC),
8
Naftiran Intertrade Company (NICO), National Iranian Tanker Company
(NITC) and other specified individuals and entities identified as Government
of Iran by the Office of Foreign Assets Control; and certain designated
individuals and entities on the Specially Designated Nationals and Blocked
Persons List (SDN List) (Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (CISADA) Section 104(c)(2)(E)(ii)(I); National
Defense Authorization Act for Fiscal Year 2012 (NDAA) Sections 1245(d)(l)
and (3); Iran Freedom and Counter-Proliferation Act of 2012 (IFCA) Sections
1244(c)(l) and (d), 1245(a)(l)(A), (a)(l)(C)(i)(II) and (c), 1246(a) and
1247(a); Sections l(a)(i) and 5(a) of Executive Order (E.O.) 13622 and
Sections 2(a)(i) and 3(a)(i) of E.O. 13645);
5
For the purposes of U.S. legislation, "Iranian person" means (A) an individual who is a citizen or
national of Iran; and (8) an entity organised under the laws of Iran or otherwise subject to the
jurisdiction of the Government of Iran.
6
The sanctions that the United States will cease to apply, and subsequently terminate, or modify to
effectuate the termination of, pursuant to its commitment under Section 4 are those directed
towards non-U.S. persons. For the purposes of Sections 4 and 6-7 of this JCPOA, the term
"non-U.S. person" means any individual or entity, excluding () any United States citizen,
permanent resident alien, entity organised under the laws of the United States or any jurisdiction
within the United States (including foreign branches), or any person in the United States, and
(ii) any entity owned or controlled by a U.S. person. For the purposes of (ii) of the preceding
sentence, an entity is "owned or controlled" by a U.S. person if the U.S. person: () holds a
50 percent or greater equity interest by vote or value in the entity; (ii) holds a majority of seats
on the board of directors of the entity; or (iii) otherwise controls the actions, policies, or
personnel decisions of the entity. U.S. persons and U.S.-owned or -controlled foreign entities
will continue to be generally prohibited from conducting transactions of the type permitted
pursuant to this JCPOA, unless authorised to do so by the U.S. Department of the Treasury's
Office of Foreign Assets Control (OFAC).
7
All citations to statutes and Executive orders included in this JCPOA refer to the statute or
Executive order as amended as of the conclusion date of this JCPOA, including: the Iran
Sanctions Act of 1996 (ISA), as amended by Section 102 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (CI SADA) and Sections 201-207 and 311 of the Iran
Threat Reduction and Syria Human Rights Act of 2012 (TRA); CI SADA, as amended by
Sections 214-216, 222, 224, 311-312, 402-403 and 605 ofTRA and Section 1249 of the Iran
Freedom and Counter-Proliferation Act of 2012 (IFCA); the National Defense Authorization Act
for Fiscal Year 2012 (NDAA), as amended by Sections 503-504 of TRA and Section 1250 of
IFCA; Executive Order (E.O.) 13622, as amended by Section 15 of E.O. 13628 and Section 16 of
E.O. 13645. The citations listed in Section 4 include authorities under which secondary sanctions
will no longer apply as a result of actions described in Section 4.8 .1.
8
Removal ofNIOC from the SON List, as provided for in Section 4.8.1, will include resolution of
related designations and determinations.
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4.1.2. Sanctions on the Iranian Rial (NDAA Sections 1245(d)(l) and (3); IFCA
Sections 1244(c)(1), 1246(a) and 1247(a); Section 5(a) of E.O. 13622 and
Sections 1(a), 2(a)i) and 3(a)(i) of E.O. 13645);
4.1.3. Sanctions on the provision of U.S. banknotes to the Government of Iran
(NDAA Sections 1245(d)(l) and (3); IFCA Sections 1244(c)(l) and (d),
1246(a) and 1247(a): Section 5(a) of E.O. 13622 and Sections 2(a)() and
3(a)(i) ofE.O. 13645);
4.1.4. Bilateral trade limitations on Iranian revenues held abroad, including
limitations on their transfer (NDAA Sections 1245(d)(l) and G3); IFCA
Sections 1244(c)(l), (d) and (h)(2), 1246(a) and 1247(a); Sections l(a)(i)
(ii), 2(a)() and 5(a) of E.O. 13622 and Sections 2(a)(i) and 3(a)(i) of
E.O. 13645);
4.1.5. Sanctions on the purchase, subscription to, or facilitation of the issuance of
Iranian sovereign debt, including governmental bonds (NDAA Sections
1245(d)(l) and (3); Iran Threat Reduction and Syria Human Rights Act of
2012 (TRA) Section 213(a); IFCA Sections 1244(c)(l) and (d), 1246(a) and
1247(a): Sections l(a)(i) and 5(a) of E.O. 13622 and Sections 2(a)(i) and
3(a)(i) of E.O. 13645);
4.1.6. Sanctions on financial messaging services to the CBI and Iranian financial
institutions set out in Attachment 3 to this Annex (NDAA Sections
1245(d)(l) and (3); TRA Section 220; IFCA Sections 1244(c)(l) and (d),
1246(a) and 1247(a); Section 5(a) of E.O. 13622 and Sections 2(a)(i) and
3(a)(i) of E.O. 13645); and
4.1.7. Sanctions on associated services
for each of the categories above (see
individual citation references above).
9
4.2. Insurance measures
4.2.1. Sanctions on the provision of underwriting services, insurance, or
re-insurance in connection with activities consistent with this JCPOA,
including activities with individuals and entities set forth in Attachment 3 to
this Annex (Iran Sanctions Act of 1996 (ISA) Section 5(a)(7); NDAA
Sections 1245(d)(l) and (3); TRA Sections 2ll(a) and 212(a); IFCA Sections
1244(c)(l) and (d), 1246(a) and 1247(a); Section 5(a) of E.O. 13622 and
Sections 2(a)(i) and 3(a)() of E.O. 13645).
4.3. Energy and petrochemical sectors
4.3 .1. Efforts to reduce Iran's crude oil sales, including limitations on the quantities
of Iranian crude oil sold and the nations that can purchase Iranian crude oil
(ISA Section 5(a)(7); NDAA Sections 1245(d)(l) and (3); TRA Section
212(a); IFCA Sections 1244(c)(l) and (d), 1246(a) and 1247(a); Section 1 of
E.O. 13574, Sections l(a)(i)-(ii), 2(a)(i) and 5(a) of E.O. 13622, Section 5 of
E.O. 13628, and Sections 2(a)(i) and 3(a)(i) of E.O. 13645);
4.3.2. Sanctions on investment, including participation in joint ventures, goods,
services, information, technology and technical expertise and support for
Iran's oil, gas, and petrochemical sectors (ISA Sections 5(a)(l)-(2) and
9
See footnote 3 for the meaning of "associated services".
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(4)-(8); TR A Section 212(a); IFCA Sections 1244(0)(1). (d) and (h)(2),
1245(a)(l)(B), (a)(l)(C)(i)(I)-(11), (a)(l)(C)(ii)(I)-(11) and (c), 1246(a) and
1247(a): Section 1 of E.O. 13574, Section 1 of E.O. 13590, Sections l(a)(i)
(ii), 2(a)(i)-(iii) and 5(a) of E.O. 13622, and Sections 2(a)(i) and 3(a)(i) of
E.O. 13645);
4.3.3. Sanctions on the purchase, acquisition, sale, transportation, or marketing of
petroleum, petrochemical products and natural gas from Iran (NDAA
Sections 1245(d)(l) and (3); TRA Section 212(a); IFCA Sections 1244(c)(l),
(d) and (h)(2), 1246(a) and 1247(a); Sections l(a)(i)-(iii), 2(a)(i)-(ii) and 5(a)
of E.O. 13622, and Sections 2(a)(i) and 3(a)(i) of E.O. 13645);
4.3.4. Sanctions on the export, sale or provision of refined petroleum products and
petrochemical products to Iran (ISA Section 5(a)(3); ND AA Sections
1245(d)(l) and (3); TRA Section 212(a); IFCA Sections 1244(c)(l) and (d),
1246(a) and 1247(a); Section 1 of E.O. 13574, Sections l(a)(i) and 5(a) of
E.O. 13622, Section 5 of E.O. 13628, and Sections 2(a)(i) and 3(a)(i) of
E.O. 13645);
4.3.5. Sanctions on transactions with Iran's energy sector including with NIOC,
NICO and NITC (NDAA Sections 1245(d)(l) and (3); IFCA Sections
1244(c)(l), (d) and (h)(2), 1246(a) and 1247(a); TRA Section 212(a):
Sections l(a)(i)-(iii), 2(a)(i)-(ii) and 5(a) of E.O. 13622, and Sections 2(a)(i)
and 3(a)(i) of E.O. 13645); and
4.3.6. Sanctions on associated services for each of the categories above (see
individual citation references above).
4.4. Shipping, shipbuilding and port sectors
4.4.1. Sanctions on transactions with Iran's shipping and shipbuilding sectors and
port operators including IRISL, South Shipping Line, and NITC, and the port
operator(s) of Bandar Abbas! (TRA Sections 211(a) and 212(a); IFCA
Sections 1244(c)(l) and (d); 1245(a)(l)(B), (a)(l)(C)(i)(l)-(11), (a)(l)(C)(ii)(I)
(11) and (c), 1246(a) and 1247(a); Section 5(a) of E.O. 13622 and Sections
2(a)() and 3(a)(i) of E.O. 13645); and
4.4.2. Sanctions on associated services for each of the categories above (see
individual citation references above).
4.5. Gold and other precious metals
4.5.1. Sanctions on Iran's trade in gold and other precious metals (NDAA Sections
1245(d)(l) and (3); IFCA Sections 1244(0)(1), 1245(a)(1)(A) and (c),
1246(a) and 1247(a); Section 5(a) of E.O. 13622 and Sections 2(a)() and
3(a)(i) ofE.O. 13645); and
4.5.2. Sanctions on associated services for each of the categories above (see
individual citation references above).
4.6. Software and metals
4.6.1. Sanctions on trade with Iran in graphite, raw or semi-finished metals such as
aluminum and steel, coal, and software for integrating industrial processes,
10
This commitment in Section 4.4.1 is based on the port operator(s) of Bandar Abbas no longer
being controlled by a person on the SON List.
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in connection with activities consistent with this JCPOA, including trade
with individuals and entities set forth in Attachments 3 and 4 to this Annex
(NDAA Sections 1245(d)(l) and (3); IFCA Sections 1244(c)(1)
1245(a)(l)(B)-(C) and (c), 1246(a) and 1247(a): Section 5(a) of E.O. 13622
and Sections 2(a)(i) and 3(a)(i) of E.O. 13645); and
4.6.2. Sanctions on associated services for each of the categories above (see
individual citation references above).
4.7. Automotive sector
4. 7 .1. Sanctions on the sale, supply or transfer of goods and services used in
connection with Iran's automotive sector (NDAA Sections 1245(d)(l) and
(); IFCA Sections 1244(c)(l), 1245(a)(l)(B), (a)(l)(C)(i)(II),
(a)(l)(C)(ii)(II) and (c), 1246(a) and 1247(a); Section 5(a) ofE.O. 13622 and
Sections 2(a)(i), 3(a)()-(ii), 5 and 6 of E.O. 13645): and
4.7.2. Sanctions on associated services for each of the categories above (see
individual citation references above).
4.8. Designations and other sanctions listings
4.8.1. Removal of individuals and entities set out in Attachments 3 and 4 to this
Annex from the Specially Designated Nationals and Blocked Persons List
(SDN List), the Foreign Sanctions Evaders List, and/or the Non-SDN Iran
Sanctions Act List (Removal of designations and/or sanctions imposed under
ISA Section 5(a), IFCA Section 1244(d)(l) and TRA Section 212; and
removals pursuant to the International Emergency Economic Powers Act of
certain persons listed pursuant to E.O. 13382, E.O. 13608, E.O. 13622, and
E.O. 13645).
4.9. Nuclear proliferation-related measures
4.9.1. Sanctions under the Iran, North Korea and Syria Nonproliferation Act on the
acquisition of nuclear-related commodities and services for nuclear activities
contemplated in the JCPOA, to be consistent with the U.S. approach to other
non-nuclear-weapon states under the NPT:
4.9.2. Sanctions on joint ventures relating to the mining, production, or
transportation of uranium (ISA Section 5(b)(2)); and
4.9.3. Exclusion of Iranian citizens from higher education coursework related to
careers in nuclear science, nuclear engineering or the energy sector (TRA
Section 501).
5.
Other trade measures
5.1. The United States commits to:1
5 .1.1. Allow for the sale of commercial passenger aircraft and related parts and
services to Iran by licensing the (i) export, re-export, sale, lease or transfer to
Iran of commercial passenger aircraft for exclusively civil aviation end-use,
11
To give effect to the measures described in this Section 5.I, the United States will license
activities that do not involve any person on the SON List and are otherwise consistent with
applicable U.S. laws and regulations, including but not limited to the Export Administration Act,
the Federal Food, Drug and Cosmetic Act and the Iran-Iraq Arms Nonproliferation Act.
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(ii) export, re-export, sale, lease or transfer to Iran of spare parts and
components for commercial passenger aircraft, and (iii) provision of
associated serviced, including warranty, maintenance, and repair services and
safety-related inspections, for all the foregoing, provided that licensed items
and services are used exclusively for commercial passenger aviation;2
5.1.2. License non-U.S. entities that are owned or controlled by a U.S. person
to
engage in activities with Iran that are consistent with this JCPOA; and
13
5.1.3. License the importation into the United States of Iranian-origin carpets and
foodstuffs, including pistachios and caviar.
6.
The United States represents that the provisions listed in Section 4 above
constitute the full and complete list of all U.S. nuclear-related sanctions.
These sanctions will be lifted in accordance with Annex V.
7.
Effects of the lifting of U.S. economic and financial sanctions:
7.1. As a result of the lifting of sanctions specified in Section 4 above, beginning
on implementation day such sanctions, including associated services, would
not apply to non-U.S. persons who carry out the following or that:
7.2. Financial and banking measures
15
(See Sections 4.1.1 to 4.1.7)
Engage in activities, including financial and banking transactions, with the
Government of Iran, the Central Bank of Iran, Iranian financial institutions
and other Iranian persons specified in Attachment 3 to this Annex, including
the provision of loans, transfers, accounts (including the opening and
maintenance of correspondent and payable through accounts at non-U.S.
financial institutions), investments, securities, guarantees, foreign exchange
(including Rial related transactions), letters of credit and commodity futures
or options, the provision of specialised financial messaging services and
facilitation of direct or indirect access thereto, the purchase or acquisition by
12
Licenses issued in furtherance of Section 5.1.I will include appropriate conditions to ensure that
licensed activities do not involve, and no licensed aircraft, goods, or services are re-sold or
re-transferred to, any person on the SON list. Should the United States determine that licensed
aircraft, goods, or services have been used for purposes other than exclusively civil aviation
end-use, or have been re-sold or re-transferred to persons on the SON List, the United States
would view this as grounds to cease performing its commitments under Section 5.
l.
l in whole or
in part.
13
For the purposes of Section 5.1.2 of this JCPOA, a non-U.S. entity is owned or controlled by a
U.S. person if the U.S. person: (i) holds a 50 per cent or greater equity interest by vote or value
in the entity; (ii) holds a majority of seats on the board of directors of the entity; or
(iii) otherwise controls the actions, policies, or personnel decisions of the entity.
14
Unless specifically provided otherwise, the sanctions lifting described in this Section does not
apply to transactions that involve persons on the SON List and is without prejudice to sanctions
that may apply under legal provisions other than those cited in Section 4. Nothing in this JCPOA
reflects a change in Iran's position on U.S. sanctions.
15
Fo
r
the purposes of the cessation o
f
application of the pro
v
isions set out in Sections 4.
l.
l -4. l .
7
,
the e
ff
ects described for non-U.S. financial institutions e
x
tend to the activities outside of U.S.
jurisdiction of inte
rn
ational financial institutions.
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the Government of Iran of U.S. bank notes, and the purchase, subscription to,
or facilitation of the issuance of Iranian sovereign debt.I°
7.3. Insurance measures (See Section 4.2.1)
Provide underwriting services, insurance, or re -insurance in connection with
activities consistent with this JCPOA, including activities with individuals
and entities set forth in Attachment 3 to this Annex, including underwriting
services, insurance, or re-insurance in connection with activities in the
energy, shipping, and shipbuilding sectors of Iran, for the National Iranian
Oil Company (NIOC) or the National Iranian Tanker Company (NITC), or
for vessels that transport crude oil, natural gas, liquefied natural gas,
petroleum and petrochemical products to or from Iran.
7.4. Energy and petrochemical sectors (See Sections 4.3.1 to 4.3.6)
Are part of the energy sector of Iran; purchase, acquire, sell, transport or
market petroleum, petroleum products (including refined petroleum
products), petrochemical products or natural gas (including liquefied natural
gas) to or from Iran; provide to Iran support, investment (including through
joint ventures), goods, services (including financial services) and technology
that can be used in connection with Iran's energy sector, the development of
its petroleum resources, its domestic production of refined petroleum
products and petrochemical products; or engage in activities with Iran's
energy sector, including NIOC, NITC, and NICO).
7.5. Shipping, shipbuilding and port sectors (See Sections 4.4.1 to 4.4.2)
Are part of the shipping or shipbuilding sectors of Iran; own, operate, control
or insure a vessel used to transport crude oil, petroleum products (including
refined petroleum products), petrochemical products or natural gas
(including liquefied natural gas) to or from Iran; operate a port in Iran,
engage in activities with, or provide financial services and other goods and
services used in connection with, the shipping and shipbuilding sectors of
Iran or a port operator in Iran (including the port operator(s) of Bandar
Abbas!), including port services, such as bunkering and inspection,
classification, and financing, and the sale, leasing, and provision of vessels
to Iran, including to the Islamic Republic of Iran Shipping Lines (IRISL),
NITC, and South Shipping Line Iran or their affiliates.
7.6. Gold and other precious metals (See Sections 4.5.1 to 4.5.2)
Sell, supply, export or transfer, directly or indirectly, to or from Iran, gold
and other precious metals, or conduct or facilitate a financial transaction or
16
Non-U.S., non-Iranian financial institutions engaging in transactions with Iranian financial
institutions (including the Central Bank of Iran) not appearing on the SDN List will not be
exposed to sanctions as a result of those Iranian financial institutions engaging in transactions or
banking relationships involving Iranian individuals and entities, including financial institutions,
on the SDN List, provided that the non-U.S., non-Iranian financial institution does not conduct
or facilitate, and is not otherwise involved in, those specific transactions or banking relationships
with the Iranian individuals and entities, including financial institutions, on the SDN List.
17
The effects described in Section 7.5 with respect to the port operator(s) of Bandar Abbas are
based on the port operator(s) of Bandar Abbas no longer being controlled by a person on the
SDN List.
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provide services for the foregoing including security, insurance and
transportation.
7.7. Software and metals (See Sections 4.6.1 to 4.6.2)
Sell, supply, or transfer, directly or indirectly, graphite, raw or semi-finished
metals such as aluminum and steel, coal, and software for integrating
industrial processes, to or from Iran in connection with activities consistent
with this JCPOA, including trade with individuals and entities set forth in
Attachment 3 to this Annex, and the sale, supply, or transfer of such
materials to the energy, petrochemical, shipping and shipbuilding sectors of
Iran, and Iranian ports, or conduct or facilitate a financial transaction or
provide services for the foregoing, including insurance and transportation.
7.8. Automotive sector (See Sections 4.7.1 to 4.7.2)
Conduct or facilitate financial or other transactions for the sale, supply or
transfer to Iran of goods and services used in connection with the automotive
sector of Iran.
7.9. Designations and other sanctions listings (See Section 4.8.1)
The removal of designations and/or sanctions as described in Section 4.8.1,
ceasing the application of secondary sanctions for transactions with
individuals and entities set out in Attachment 3 to this Annex; and unblocking
of property and interests in property within U.S. jurisdiction for individuals
and entities set out in Attachment 3 to this Annex.
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ATTACHMENT 1 - PART I
LIST OF PERSONS, ENTITIES AND BODIES SET OUT IN ANNEX II TO
COUNCIL DECISION 2010/413/CFSP AND ANNEX IX TO COUNCIL
REGULATION (EU) NO 267/2012
ACENA SHIPPING COMPANY LIMITED
ADVANCE NOVEL
AGHAJARI OIL & GAS PRODUCTION COMPANY
AGHAZADEH, Reza
AHMADIAN, Mohammad
AKHAVAN-FARD, Massoud
ALPHA EFFORT LTD
ALPHA KARA NAVIGATION LIMITED
ALPHA NARI NAVIGATION LIMITED
ARIAN BANK
ARVANDAN OIL & GAS COMPANY
ASHTEAD SHIPPING COMPANY LTD
ASPASIS MARINE CORPORATION
ASSA CORPORATION
ASSA CORPORATION LTD
ATLANTIC INTERMODAL
AVRASYA CONTAINER SHIPPING LINES
AZARAB INDUSTRIES
AZORES SHIPPING COMPANY ALIAS AZORES SHIPPING FZE LLC
BANCO INTERNACIONAL DE DESARROLLO CA
BANK KARGOSHAE
BANKMELLAT
BANK MELLI IRAN INVESTMENT COMPANY
BANK MELLI IRAN ZAO
BANK MELLI PRINTING AND PUBLISHING COMPANY
BANK MELLI,
BANK OF INDUSTRY AND MINE
BANK REFAH KARGARAN
BANK TEJARAT
BATENI, Naser
BEST PRECISE LTD
BETA KARA NAVIGATION LTD
BIIS MARITIME LIMITED
BIS MARITIME LIMITED
BONAB RESEARCH CENTER
BRAIT HOLDING SA
BRIGHT JYOTI SHIPPING
BRIGHT SHIP FZC
BUSHEHR SHIPPING COMPANY LIMITED
BYFLEET SHIPPING COMPANY LTD
CEMENT INVESTMENT AND DEVELOPMENT COMPANY
CENTRAL BANK OF IRAN
CHAPLET SHIPPING LIMITED
COBHAM SHIPPING COMPANY LTD
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CONCEPT GIANT LTD
COOPERATIVE DEVELOPMENT BANK
CRYSTAL SHIPPING FZE
DAJMAR, Mohammad Hossein
DAMALIS MARINE CORPORATION
DARYA CAPITAL ADMINISTRATION GMBH
DARYADELALAN SEFID KHAZAR SHIPPING COMPANY
DELTA KARA NAVIGATION LTD
DELTA NARI NAVIGATION LTD
DIAMOND SHIPPING SERVICES
DORKING SHIPPING COMPANY LTD
EAST OIL & GAS PRODUCTION COMPANY
EDBI EXCHANGE COMPANY
EDBI STOCK BROKERAGE COMPANY
EFFINGHAM SHIPPING COMPANY LTD
EIGHTH OCEAN ADMINISTRATION GMBH
EIGHTH OCEAN GMBH & CO. KG
ELBRUS LTD
ELCHO HOLDING LTD
ELEGANT TARGET DEVELOPMENT LIMITED
ELEVENTH OCEAN ADMINISTRATION GMBH
ELEVENTH OCEAN GMBH & CO. KG
EMKA COMPANY
EPSILON NARI NAVIGATION LTD
E-SAIL A.K.A.E-SAIL SHIPPING COMPANY
ETA NARI NAVIGATION LTD
ETERNAL EXPERT LTD.
EUROP~ISCH-IRANISCHE HANDELSBANK
EXPORT DEVELOPMENT BANK OF IRAN
FAIRWAY SHIPPING
FAQIHIAN, Dr Hoseyn
FARNHAM SHIPPING COMPANY LTD
FASIRUS MARINE CORPORATION
FATSA
FIFTEENTH OCEAN ADMINISTRATION GMBH
FIFTEENTH OCEAN GMBH & CO. KG
FIFTH OCEAN ADMINISTRATION GMBH
FIFTH OCEAN GMBH & CO. KG
FIRST ISLAMIC INVESTMENT BANK
FIRST OCEAN ADMINISTRATION GMBH
FIRST OCEAN GMBH & CO. KG
FIRST PERSIAN EQUITY FUND
FOURTEENTH OCEAN ADMINISTRATION GMBH
FOURTEENTH OCEAN GMBH & CO. KG
FOURTH OCEAN ADMINISTRATION GMBH
FOURTH OCEAN GMBH & CO. KG
FUTURE BANK B SC
GACHSARAN OIL & GAS COMPANY
GALLIOT MARITIME INCORPORATION
GAMMA KARA NAVIGATION LTD
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GIANT KING LIMITED
GOLDEN CHARTER DEVELOPMENT LTD.
GOLDEN SUMMIT INVESTMENTS LTD.
GOLDEN WAGON DEVELOPMENT LTD.
GOLPARVAR, Gholam Hossein
GOMSHALL SHIPPING COMPANY LTD
GOOD LUCK SHIPPING COMPANY LLC
GRAND TRINITY LTD.
GREAT EQUITY INVESTMENTS LTD.
GREAT METHOD LTD
GREAT PROSPECT INTERNATIONAL LTD.
HAFIZ DARYA SHIPPING LINES
HANSEATIC TRADE TRUST & SHIPPING GMBH
HARVEST SUPREME LTD.
HARZARU SHIPPING
HELIOTROPE SHIPPING LIMITED
HELIX SHIPPING LIMITED
HK INTERTRADE COMPANY LTD
HONG TU LOGISTICS PRIVATE LIMITED
HORSHAM SHIPPING COMPANY LTD
IFOLD SHIPPING COMPANY LIMITED
INDUS MARITIME INCORPORATION
INDUSTRIAL DEVELOPMENT & RENOVATION ORGANIZATION
INSIGHT WORLD LTD
INTERNATIONAL SAFE OIL
IOTA NARI NAVIGATION LIMITED
IRAN ALUMINIUM COMPANY
IRAN FUEL CONSERVATION ORGANIZATION
IRAN INSURANCE COMPANY
IRAN LIQUEFIED NATURAL GAS CO.
IRANIAN OFFSHORE ENGINEERING & CONSTRUCTION CO
IRANIAN OIL COMPANY LIMITED
IRANIAN OIL PIPELINES AND TELECOMMUNICATIONS COMPANY
(IOPTC)
IRANIAN OIL TERMINALS COMPANY
IRANO MISR SHIPPING COMPANY
IRINVESTSHIP LTD
IRISL (MALT A) LTD
IRISL EUROPE GMBH
IRISL MARINE SERVICES AND ENGINEERING COMPANY
IRISL MARITIME TRAINING INSTITUTE
IRITAL SHIPPING SRL
ISi MARITIME LIMITED
ISIM AMIN LIMITED
ISIM ATR LIMITED
ISIM OLIVE LIMITED
ISIM SAT LIMITED
ISIM SEA CHARIOT LTD
ISIM SEA CRESCENT LTD
ISIM SININ LIMITED
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ISIM TAJ MAHAL LTD
ISIM TOUR COMPANY LIMITED
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
JACKMAN SHIPPING COMPANY
KALANAFT
KALAN KISH SHIPPING COMPANY LTD
KAPPA NARI NAVIGATION LTD
KARA SHIPPING AND CHARTERING GMBH
KAROON OIL & GAS PRODUCTION COMPANY
KAVERI MARITIME INCORPORATION
KAVERI SHIPPING LLC
KEY CHARTER DEVELOPMENT LTD.
KHALILIPOUR, Said Esmail
KHANCHI, Ali Reza
KHAZAR EXPL & PROD CO
KHAZAR SHIPPING LINES
KHEIBAR COMPANY
KING PROSPER INVESTMENTS LTD.
KINGDOM NEW LTD
KINGS WOOD SHIPPING COMPANY LIMITED
KISH SHIPPING LINE MANNING COMPANY
LAMBDA NARI NAVIGATION LIMITED
LANCING SHIPPING COMPANY LIMITED
LOGISTIC SMART LTD
LOWESWATER LTD
MACHINE SAZI ARAK
MAGNA CARTA LIMITED
MALSHIP SHIPPING AGENCY
MARBLE SHIPPING LIMITED
MAROUN OIL & GAS COMPANY
MASJED-SOLEYMAN OIL & GAS COMPANY
MASTER SUPREME INTERNATIONAL LTD.
MAZANDARAN CEMENT COMPANY
MEHR CAYMAN LTD.
MELLAT BANK SB CJSC
MELLI AGROCHEMICAL COMPANY PJS
MELLI BANK PLC
MELLI INVESTMENT HOLDING INTERNATIONAL
MELODIOUS MARITIME INCORPORATION
METRO SUPREME INTERNATIONAL LTD.
MIDHURST SHIPPING COMPANY LIMITED (MALTA)
MILL DENE LTD
MINISTRY OF ENERGY
MINISTRY OF PETROLEUM
MODALITY LTD
MODERN ELEGANT DEVELOPMENT LTD.
MOUNT EVEREST MARITIME INCORPORATION
NAFTIRAN INTERTRADE COMPANY
NAFTIRAN INTERTRADE COMPANY SRL
NAMJOO, Majid
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NARI SHIPPING AND CHARTERING GMBH & CO. KG
NARMADA SHIPPING
NATIONAL IRANIAN DRILLING COMPANY
NATIONAL IRANIAN GAS COMPANY
NATIONAL IRANIAN OIL COMPANY
NATIONAL IRANIAN OIL COMPANY NEDERLAND (A.K.A.: NIOC
NETHERLANDS REPRESENTATION OFFICE)
NATIONAL IRANIAN OIL COMPANY PTE LTD
NATIONAL IRANIAN OIL COMPANY, INTERNATIONAL AFFAIRS LIMITED
NATIONAL IRANIAN OIL ENGINEERING AND CONSTRUCTION COMPANY
(NIOEC)
NATIONAL IRANIAN OIL PRODUCTS DISTRIBUTION COMPANY (NIOPDC)
NATIONAL IRANIAN OIL REFINING AND DISTRIBUTION COMPANY
NATIONAL IRANIAN TANKER COMPANY
NEUMAN LTD
NEW DESIRE LTD
NEW SYNERGY
NEWHAVEN SHIPPING COMPANY LIMITED
NINTH OCEAN ADMINISTRATION GMBH
NINTH OCEAN GMBH & CO. KG
NOOR AFZA GOSTAR
NORTH DRILLING COMPANY
NUCLEAR FUEL PRODUCTION AND PROCUREMENT COMPANY
OCEAN CAPITAL ADMINISTRATION GMBH
OCEAN EXPRESS AGENCIES PRIVATE LIMITED
ONERBANK ZAO
OXTED SHIPPING COMPANY LIMITED
PACIFIC SHIPPING
PARS SPECIAL ECONOMIC ENERGY ZONE
PARTNER CENTURY LTD
PEARL ENERGY COMPANY LTD
PEARL ENERGY SERVICES, SA
PERSIA INTERNATIONAL BANK PLC
PETRO SUISSE
PETROIRAN DEVELOPMENT COMPANY LTD
PETROLEUM ENGINEERING & DEVELOPMENT COMPANY
PETROPARS INTERNATIONAL FZE
PETROPARS IRAN COMPANY
PETROPARS LTD.
PETROPARS OILFIELD SERVICES COMPANY
PETROPARS OPERATION & MANAGEMENT COMPANY
PETROPARS RESOURCES ENGINEERING LTD
PETROPARS UK LIMITED
PETWORTH SHIPPING COMPANY LIMITED
POST BANK OF IRAN
POWER PLANTS' EQUIPMENT MANUFACTURING COMPANY (SAAKHTE
TAJHIZATE NIROOGAHI)
PROSPER METRO INVESTMENTS LTD.
RASTKHAH, Engineer Naser
REIGATE SHIPPING COMPANY LIMITED
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RESEARCH INSTITUTE OF NUCLEAR SCIENCE & TECHNOLOGY
REZVANIANZADEH, Mohammad Reza
RISHI MARITIME INCORPORATION
SACKVILLE HOLDINGS LTD
SAFIRAN PAYAM DARYA SHIPPING COMPANY
SALEHI, Ali Akbar
SANFORD GROUP
SANTEXLINES
SECOND OCEAN ADMINISTRATION GMBH
SECOND OCEAN GMBH & CO. KG
SEIBOW LOGISTICS LIMITED
SEVENTH OCEAN ADMINISTRATION GMBH
SEVENTH OCEAN GMBH & CO. KG
SHALLONLTD
SHEMAL CEMENT COMPANY
SHINE STAR LIMITED
SHIPPING COMPUTER SERVICES COMPANY
SILVER UNIVERSE INTERNATIONAL LTD.
SINA BANK
SINO ACCESS HOLDINGS
SINOSE MARITIME
SISCO SHIPPING COMPANY LTD
SIXTEENTH OCEAN ADMINISTRATION GMBH
SIXTEENTH OCEAN GMBH & CO. KG
SIXTH OCEAN ADMINISTRATION GMBH
SIXTH OCEAN GMBH & CO. KG
SMART DAY HOLDINGS LTD
SOLTANI, Behzad
SORINET COMMERCIAL TRUST (SCT)
SOROUSH SARAMIN ASATIR
SOUTH WAY SHIPPING AGENCY CO. LTD
SOUTH ZAGROS OIL & GAS PRODUCTION COMPANY
SPARKLE BRILLIANT DEVELOPMENT LIMITED
SPRINGTHORPE LIMITED
STATIRA MARITIME INCORPORATION
SURER (NUCLEAR REACTORS FUEL COMPANY)
SYSTEM WISE LTD
TAMALARIS CONSOLIDATED LTD
TENTH OCEAN ADMINISTRATION GMBH
TENTH OCEAN GMBH & CO. KG
TEU FEEDER LIMITED
THETA NARI NAVIGATION
THIRD OCEAN ADMINISTRATION GMBH
THIRD OCEAN GMBH & CO. KG
THIRTEENTH OCEAN ADMINISTRATION GMBH
THIRTEENTH OCEAN GMBH & CO. KG
TOP GLACIER COMPANY LIMITED
TOP PRESTIGE TRADING LIMITED
TRADE CAPITAL BANK
TRADE TREASURE
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TRUE HONOUR HOLDINGS LTD
TULIP SHIPPING INC
TWELFTH OCEAN ADMINISTRATION GMBH
TWELFTH OCEAN GMBH & CO. KG
UNIVERSAL TRANSPORTATION LIMITATION UTL
VALFAJR 8TH SHIPPING LINE
WEST OIL & GAS PRODUCTION COMPANY
WESTERN SURGE SHIPPING COMPANY LIMITED
WISE LING SHIPPING COMPANY LIMITED
ZANJ ANI, Babak
ZETA NERI NAVIGATION
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ATTACHMENT 1 - PART II
LIST OF PERSONS, ENTITIES AND BODIES SET OUT IN ANNEX I TO
COUNCIL DECISION 2010/413/CFSP AND ANNEX VIII TO COUNCIL
REGULATION (EU) NO 267/2012
AGHA-JANI, Dawood
ALAI, Amir Moayyed
ASGARPOUR, Behman
ASHIANI, Mohammad Fedai
ASHTIANI, Abbas Rezaee
ATOMIC ENERGY ORGANISATION OF IRAN (AEOI)
BAKHTIAR. Haleh
BEHZAD, Morteza
ESFAHAN NUCLEAR FUEL RESEARCH AND PRODUCTION CENTRE
(NFRPC) AND ESFAHAN NUCLEAR TECHNOLOGY CENTRE (ENTC)
FIRST EAST EXPORT BANK, P.L.C.:
HOSSEINI, Seyyed Hussein
IRANO HIND SHIPPING COMPANY
IRISL BENELUX NV
JABBER IBN HAYAN
KARAJ NUCLEAR RESEARCH CENTRE
KAVOSHYAR COMPANY
LEILABADI, Ali Hajinia
MESBAH ENERGY COMPANY
MODERN INDUSTRIES TECHNIQUE COMPANY
MOHAJERANI, Hamid-Reza
MOHAMMADI, Jafar
MONAJEMI, Ehsan
NOB ARI, Houshang
NOVIN ENERGY COMPANY
NUCLEAR RESEARCH CENTER FOR AGRICULTURE AND MEDICINE
PARS TRASH COMPANY
PISHGAM (PIONEER) ENERGY INDUSTRIES
QANNADI, Mohammad
RAHIMI, Amir
RAHIQI, Javad
RASHIDI, Abbas
SABET, M. Javad Karimi
SAFDARI, Seyed Jaber
SOLEY MANI, Ghasem
SOUTH SHIPPING LINE IRAN (SSL)
TAMAS COMPANY
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ATTACHMENT 2 - PART I
LIST OF PERSONS, ENTITIES AND BODIES SET OUT IN ANNEX II TO
COUNCIL DECISION 2010/413/CFSP AND ANNEX IX TO COUNCIL
REGULATION (EU) NO 267/2012
AEROSPACE INDUSTRIES ORGANISATION, AIO
AL YASIN, Javad
ALUMINAT
ANSARBANK
ARAN MODERN DEVICES
ARASFARAYANDE
ARFAPAINT COMPANY
ARFEH COMPANY
ARIANIKAN,
ARMED FORCES GEOGRAPHICAL ORGANISATION
ASHTIAN TABLO
BABAEI, Davoud
BALS ALMAN
BANK SADERAT IRAN
BANK SADERAT PLC
BARGH AZARAKSH
BEHN AM SAHRIYARI TRADING COMPANY
BONYAD TAAVON SEPAH
BORBORUDI, Sayed Shamsuddin
DANESHJOO, Kamran
DARVISH-VAND, IRGC Brigadier-General Javad
ELECTRONIC COMPONENTS INDUSTRIES
ESNICO (EQUIPMENT SUPPLIER FOR NUCLEAR INDUSTRIES
CORPORATION)
ETEMAD AMIN INVEST CO MOBIN
EYVAZ TECHNIC
FADAVI, Rear Admiral Ali
FAJR AVIATION COMPOSITE INDUSTRIES
FAR AHI, IRGC Brigadier-General Seyyed Mahdi
FARASEPEHR ENGINEERING COMPANY
FATAH, Parviz
GHANI SAZI URANIUM COMPANY
HAERI, Engineer Mojtaba
HIRBOD CO
HOSEYNITASH, IRGC Brigadier-General Ali
HOSSEINI NEJAD TRADING CO.
INSTITUTE OF APPLIED PHYSICS
IRAN AIRCRAFT INDUSTRIES
IRAN AIRCRAFT MANUFACTURING COMPANY
IRAN CENTRIFUGE TECHNOLOGY COMPANY
IRAN COMMUNICATIONS INDUSTRIES
IRAN COMPOSITES INSTITUTE
IRAN ELECTRONICS INDUSTRIES
IRAN MARINE INDUSTRIAL COMPANY
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IRANPOOYA
IRAN SAFFRON COMPANY OR IRANSAFFRON CO.
IRANIAN AVIATION INDUSTRIES ORGANIZATION
IRGC AIR FORCE
IRGC QODS FORCE
IRGC-AIR FORCE AL-GHADIR MISSILE COMMAND
ISFAHAN OPTICS
ISLAMIC REVOLUTIONARY GUARD CORPS
JAFARI, Mi lad
J A VEDAN MEHR TOOS
JELVESAZAN COMPANY
KARANIR
KARIMIAN, Ali
KHALAAFARIN PARS
KHANSARI, Majid
MAAA SYNERGY
MACPAR MAKIN A SAN VE TIC
MAHMUDZADEH, Ebrahim
MARINE INDUSTRIES
MAROU SANAT
MATSA (MOHANDESI TOSEH SOKHT ATOMI COMPANY)
MECHANIC INDUSTRIES GROUP
MEHR BANK
MINISTRY OF DEFENSE AND SUPPORT FOR ARMED FORCES LOGISTICS
MOBIN SANJESH
MODERN TECHNOLOGIES FZC
MOHAMMADI, Mohammad
MOHAMMADLU, Brigadier-General Beik
MOVASAGHNIA, Mohammad Reza
MULTIMAT LC VE DIS TI CARET PAZARLAMA LIMITED SIRKETI
NACCACHE, Anis
NADERI, Brigadier-General Mohammad
NAJJAR, IRGC Brigadier-General Mostafa Mohammad
NAQDI, BrigGen Mohammad Reza
NASERI, Mohammad Sadegh
N AS ERIN VAHID
NEDA INDUSTRIAL GROUP
NEKANOVIN
NOAVARAN POOYAMOJ
NOURI, Ali Ashraf
OIL INDUSTRY PENSION FUND INVESTMENT COMPANY
ORGANISATION OF DEFENSIVE INNOVATION AND RESEARCH
PAKPUR, BrigGen Mohammad
PARCHIN CHEMICAL INDUSTRIES
PARTO SANAT CO
PASSIVE DEFENSE ORGANIZATION
PAYAPARTO
QASEMI, Rostam (a.k.a. Rostam GHASEMI)
RAAD IRAN
RAKA
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RESEARCH CENTRE FOR EXPLOSION AND IMPACT
ROSMACHIN
SAIDI, Hojatoleslam Ali
SALAMI, BrigGen Hossein
SAMAN NASB ZAYENDEH ROOD; SAMAN NASBZAINDE ROOD
SAMAN TOSE' E ASIA
SAMEN INDUSTRIES
SCHILLER NOVIN
SEPANIR OIL AND GAS ENERGY ENGINEERING COMPANY
SHAFI'I RUDSARI, Rear Admiral Mohammad
SHAHID AHMAD KAZEMI INDUSTRIAL GROUP
SHAHID BEHESHTI UNIVERSITY
SHAKHESE BEHBUD SANAT
SHAMS, Abolghassem Mozaffari
SHAMSHIRI, IRGC Brigadier-General Ali
SHARIF UNIVERSITY OF TECHNOLOGY
SHETAB G.
SHETAB GAMAN
SHETAB TRADING
SHIRAZ ELECTRONICS INDUSTRIES
SIMATEC DEVELOPMENT COMPANY
SOL AT SANA, Abdollah
SOLTANI, Hamid
STATE PURCHASING ORGANISATION
STEP STAND ART TEKNIK PARCA SAN VE TIC A.S.
SUN MIDDLE EAST FZ COMPANY
SUREN A (A.KA. SAKHD VA RAH-AN- DA-ZI)
TABA (IRAN CUTTING TOOLS MANUFACTURING COMPANY - TAB A
TOWLID ABZAR BORESHI IRAN)
TAGHTIRAN
TAJHIZ SANAT SHAYAN
TECHNOLOGY COOPERATION OFFICE OF THE IRANIAN PRESIDENT'S
OFFICE
TEST TAFSIR
TIDEWATER
TOSSE SILOOHA
TURBINE ENGINEERING MANUFACTURING
VAHIDI, IRGC Brigadier-General Ahmad
WEST SUN TRADE GMBH
Y.A.S. CO. LTD
YARSANAT
YASAPART
ZADEH, Amir Ali Haji
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ATTACHMENT 2 - PART II
LIST OF PERSONS, ENTITIES AND BODIES SET OUT IN ANNEX I TO
COUNCIL DECISION 2010/413/CFSP AND ANNEXES VIII TO COUNCIL
REGULATION (EU) NO 267/2012
7TH OF TIR.
ABBASI-DAVANI, Fereidoun
ABZAR BORESH KAVEH CO.
AGHAJANI, Azim
AHMADIAN, Ali Akbar
AMIN INDUSTRIAL COMPLEX
AMMUNITION AND METALLURGY INDUSTRIES GROUP
ARMAMENT INDUSTRIES GROUP
BAHMANYAR, Bahmanyar Morteza
BANK SEPAH
BANK SEPAH INTERNATIONAL
BARZAGANI TEJARAT TAVANMAD SACCAL COMPANIES
BEHINEH TRADING CO.
CRUISE MISSILE INDUSTRY GROUP
DASTJERDI, Ahmad Vahid
DEFENCE INDUSTRIES ORGANISATION (DIO)
DEFENSE TECHNOLOGY AND SCIENCE RESEARCH CENTER
DERAKHSHANDEH, Ahmad
DOOSTAN INTERNATIONAL COMPANY
ELECTRO SANAM COMPANY
ESL AMI, Mohammad
ESMAELI, Reza-Gholi
ETTEHAD TECHNICAL GROUP
FAJR INDUSTRIAL GROUP
FAKHRIZADEH-MAHABADI, Mohsen
FARASAKHT INDUSTRIES
FARAYAND TECHNIQUE
FATER (OR FAATER) INSTITUTE
GHARAGAHESAZANDEGIGHAEM
GHORB KARBALA
GHORB NOOH
HARA COMPANY
HEJAZI, Mohammad
HOJATI, Mohsen
IMENSAZAN CONSULTANT ENGINEERS INSTITUTE
INDUSTRIAL FACTORIES OF PRECISION (IFP) MACHINERY
JOZA INDUSTRIAL CO.
KALA-ELECTRIC
KAVEH CUTTING TOOLS COMPANY
KETAB ACHI, Mehrdada Akhlaghi
KHATAM AL-ANBIYA CONSTRUCTION HEADQUARTERS
KHORASAN METALLURGY INDUSTRIES
M. BABAIE INDUSTRIES
MAKIN
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MALEK ASHTAR UNIVERSITY
MALEKI, Naser
MINISTRY OF DEFENSE LOGISTICS EXPORT
MIZAN MACHINERY MANUFACTURING A.K.A.: 3MG
NAQDI, Mohammad Reza
NEJAD NOURI, Mohammad Mehdi
NIRU BATTERY MANUFACTURING COMPANY
OMRAN SAHEL
ORIENTAL OIL KISH
PARCHIN CHEMICAL INDUSTRIES
PARS AVIATION SERVICES COMPANY
PEJMAN INDUSTRIAL SERVICES CORPORATION
QODS AERONAUTICS INDUSTRIES
RAH SAHEL
RAHAB ENGINEERING INSTITUTE
REZAIE, Morteza
SABALAN COMPANY
SAD IMPORT EXPORT COMPANY
SAFARI, Morteza
SAFAVI, Yahya Rahim
SAFETY EQUIPMENT PROCUREMENT (SEP)
SAHAND ALUMINUM PARTS INDUSTRIAL COMPANY
SAHEL CONSULTANT ENGINEERS
SALIMI, Hosein
SAN AM INDUSTRIAL GROUP
SEPANIR
SEPASAD ENGINEERING COMPANY
SHAHID BAGHERI INDUSTRIAL GROUP (SBIG)
SHAHID HEMMAT INDUSTRIAL GROUP (SHIG)
SHAHID KARRAZI INDUSTRIES
SHAHID SATARRI INDUSTRIES
SHAHID SAYYADE SHIRAZ! INDUSTRIES
SHO' A' AVIATION.
SOLEIMANI, Qasem
SPECIAL INDUSTRIES GROUP
TAB ATAB AEI, Ali Akbar
TIZPARS
YA MAHDI INDUSTRIES GROUP
YAS AIR
YAZD METALLURGY INDUSTRIES
ZAHEDI, Mohammad Reza
ZOLQADR, General
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ATTACHMENT 3
IRANIAN FINANCIAL INSTITUTIONS AND INDIVIDUAL AND ENTITIES
IDENTIFIED AS GOVERNMENT OF IRAN (GOI) ON THE SDN LIST;
DESIGNATED ENTITIES AND INDIVIDUALS ON THE SDN LIST AND
ENTITIES AND INDIVIDUALS LISTED ON THE FSE LIST; INDIVIDUALS
AND ENTITIES SANCTIONED UNDER ISA; BLOCKED PROPERTY OF THE
FOREGOING
AA ENERGY FZCO*
ABAN AIR
ADVANCE NOVEL LIMITED
AFZAL!, Ali
AGHA-JANI, Dawood
AL AQILI GROUP LLC
AL AQILI, Mohamed Saeed
AL FIDA INTERNATIONAL GENERAL TRADING
AL HILAL EXCHANGE
ALPHA EFFORT LIMITED
AMERI, Teymour
AMIN INVESTMENT BANK*
ANTARES SHIPPING COMPANY NV
ARASH SHIPPING ENTERPRISES LIMITED*
ARIAN BANK
ARTA SHIPPING ENTERPRISES LIMITED*
ASAN SHIPPING ENTERPRISE LIMITED*
ASCOTEC HOLDING GMBH*
ASCOTEC JAPAN K.K.
ASCOTEC MINERAL & MACHINERY GMBH*
ASCOTEC SCIENCE & TECHNOLOGY GMBH*
ASCOTEC STEEL TRADING GMBH*
ASHTEAD SHIPPING COMPANY LIMITED
ASIABANK
ASIA ENERGY GENERAL TRADING (LLC)*
ASIA MARINE NETWORK PTE. LTD.
ASSA CO. LTD.
ASSA CORP.
ATLANTIC INTERMODAL
ATOMIC ENERGY ORGANIZATION OF IRAN
AZORES SHIPPING COMPANY LL FZE
BAHADORI, Masoud*
BANCO INTERNACIONAL DE DESARROLLO, C.A.
BANDAR IMAM PETROCHEMICAL COMPANY*
BANK KARGOSHAEE
BANK KESHAVARZI IRAN*
k
Denotes Iranian financial institutions and individuals and entities identified as GOI by the Office
of Foreign Assets Control (OFAC). U.S. persons and foreign entities owned or controlled by a
U.S. person will continue to be prohibited from transactions with these individuals and entities,
pursuant to the Iranian Transactions and Sanctions Regulations.
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BANK MARKAZI JOMHOURI ISLAMI IRAN*
BANK MASKAN*
BANK MELLAT*
BANK MELLI IRAN INVESTMENT COMPANY
BANK MELLI IRAN*
BANK MELLI PRINTING AND PUBLISHING CO.
BANK OF INDUSTRY AND MINE (OF IRAN)*
BANK REFAH KARGARAN*
BANK SEPAH INTERNATIONAL PLC
BANK SEPAH*
BANK TEJARAT*
BANK TORGOVOY KAPITAL ZAO*
BANK-E SHAHR
BATE NI, Naser
BAZARGAN, Farzad*
BEHSAZ KASHANE TEHRAN CONSTRUCTION CO.*
BEHZAD, Morteza Ahmadali
BELFAST GENERAL TRADING LLC
BEST PRECISE LIMITED
BIIS MARITIME LIMITED
BIMEH IRAN INSURANCE COMPANY (U.K.) LIMITED
BLUE TANKER SHIPPING SA*
BMIIC INTERNATIONAL GENERAL TRADING LTD
BOU ALI SINA PETROCHEMICAL COMPANY*
BREYELLER STAHL TECHNOLOGY GMBH & CO. KG*
BUSHEHR SHIPPING COMPANY LIMITED
BYFLEET SHIPPING COMPANY LIMITED
CAMBIS, Dimitris*
CASPIAN MARITIME LIMITED*
CAUCASUS ENERGY
CEMENT INVESTMENT AND DEVELOPMENT COMPANY
CENTRAL INSURANCE OF IRAN
CISCO SHIPPING COMPANY CO. LTD.
COBHAM SHIPPING COMPANY LIMITED
COMMERCIAL PARS OIL CO.*
CONCEPT GIANT LIMITED
CREDIT INSTITUTION FOR DEVELOPMENT*
CRYSTAL SHIPPING FZE
CYLINDER SYSTEM L.TD.
DAJMAR, Mohhammad Hossein
DANESH SHIPPING COMPANY LIMITED*
DARYA CAPITAL ADMINISTRATION GMBH
DAVAR SHIPPING CO LTD*
DENA TANKERS FZE*
DERAKHSHANDEH,AHMAD
DETTIN SPA
DEY BANK*
DFS WORLDWIDE
DIV AND ARI, Ali
DORKING SHIPPING COMPANY LIMITED
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EDBI EXCHANGE COMPANY
EDBI STOCK BROKERAGE COMPANY
EFFINGHAM SHIPPING COMPANY LIMITED
EGHTESAD NOVIN BANK*
EIGHTH OCEAN ADMINISTRATION GMBH
EIGHTH OCEAN GMBH & CO. KG
ELEVENTH OCEAN ADMINISTRATION GMBH
ELEVENTH OCEAN GMBH & CO. KG
ESFAHAN NUCLEAR FUEL RESEARCH AND PRODUCTION CENTER
ESLAMI, Mansour
EUROPAISCH-IRANISCHE HANDELSBANK AG*
EUROPEAN OIL TRADERS
EVEREX
EXECUTION OF IMAM KHOMEINI'S ORDER*
EXPORT DEVELOPMENT BANK OF IRAN*
EZATI, Ali
FAIRWAY SHIPPING LTD
FAL OIL COMPANY LIMITED
FARNHAM SHIPPING COMPANY LIMITED
F ARSOUDEH, Houshang
FAYLACAPETROLEUM
FERLAND COMPANY LIMITED
FIFTEENTH OCEAN GMBH & CO. KG
FIFTH OCEAN ADMINISTRATION GMBH
FIFTH OCEAN GMBH & CO. KG
FIRST EAST EXPORT BANK, P.L.C.
FIRST ISLAMIC INVESTMENT BANK LTD.
FIRST OCEAN ADMINISTRATION GMBH
FIRST OCEAN GMBH & CO. KG
FIRST PERSIA EQUITY FUND
FOURTEENTH OCEAN GMBH & CO. KG
FOURTH OCEAN ADMINISTRATION GMBH
FOURTH OCEAN GMBH & CO. KG
FUTURE BANK B.S.C. *
GALLIOT MARITIME INC
GARBIN NAVIGATION LTD*
GEORGIAN BUSINESS DEVELOPMENT
GHADIR INVESTMENT COMPANY*
GHAED BAS SIR PETROCHEMICAL PRODUCTS COMPANY*
GHALEBANI, Ahmad*
GHARZOLHASANEH RESALAT BANK*
GHAVAMIN BANK*
GHEZEL AYAGH, Alireza
GOLDEN RESOURCES TRADING COMPANY L.L.C. *
GOLDENTEX FZE
GOLPARVAR, Gholamhossein
GOMSHALL SHIPPING COMPANY LIMITED
GOOD LUCK SHIPPING L.L.C.
GRACE BAY SHIPPING INC*
GREAT BUSINESS DEALS
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GREAT METHOD LIMITED
HADI SHIPPING COMPANY LIMITED*
HAFIZ DARYA SHIPPING CO
HARAZ SHIPPING COMPANY LIMITED*
HATEF SHIPPING COMPANY LIMITED*
HEKMAT IRANIAN BANK*
HERCULES INTERNATIONAL SHIP*
HERMIS SHIPPING SA
HIRMAND SHIPPING COMPANY LIMITED*
HODA SHIPPING COMPANY LIMITED*
HOMA SHIPPING COMPANY LIMITED*
HONAR SHIPPING COMPANY LIMITED*
HONG KONG INTERTRADE COMPANY*
HORMOZ OIL REFINING COMPANY*
HORSHAM SHIPPING COMPANY LIMITED
HOSSEINPOUR, Houshang
HTTS HANSEATIC TRADE TRUST AND SHIPPING, GMBH
IDEAL SUCCESS INVESTMENTS LIMITED
IFIC HOLDING AG*
IHAG TRADING GMBH*
IMPIRE SHIPPING COMPANY*
INDUS MARITIME INC
INDUSTRIAL DEVELOPMENT AND RENOVATION ORGANIZATION OF
IRAN*
INTERNATIONAL SAFE OIL
INTRA CHEM TRADING GMBH*
IRAN & SHARGH COMPANY*
IRAN & SHARGH LEASING COMPANY*
IRAN AIR
IRAN FOREIGN INVESTMENT COMPANY*
IRAN INSURANCE COMPANY*
IRAN O HIND SHIPPING COMPANY
IRAN O MISR SHIPPING COMPANY
IRAN PETROCHEMICAL COMMERCIAL COMPANY*
IRAN ZAMIN BANK*
IRAN AIR TOURS
IRANIAN MINES AND MINING INDUSTRIES DEVELOPMENT AND
RENOVATION ORGANIZATION*
IRANIAN OIL COMPANY (U.K.) LIMITED*
IRANIAN-VENEZUELAN BI-NATIONAL BANK/ JOINT IRAN-VENEZUELA
BANK*
IRAS CO S.R.L.
IRINVESTSHIP LTD.
IRISL (MALTA) LIMITED
IRISL (UK) LTD.
IRISL CHINA SHIPPING CO., LTD.
IRISL EUROPE GMBH
IRISL MARINE SERVICES & ENGINEERING COMPANY
IRISL MULTIMODAL TRANSPORT CO.
IRITAL SHIPPING SRL COMPANY
66/104
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ISi MARITIME LIMITED
ISIM AMIN LIMITED
ISIM ATR LIMITED
ISIM OLIVE LIMITED
ISIM SAT LIMITED
ISIM SEA CHARIOT LIMITED
ISIM SEA CRESCENT LIMITED
ISIM SININ LIMITED
ISIM TAJ MAHAL LIMITED
ISIM TOUR LIMITED
ISLAMIC REGIONAL COOPERATION BANK*
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
JABBER IBN HAYAN
JAM PETROCHEMICAL COMPANY
JASHNSAZ, Seifollah*
JUPITER SEAWAYS SHIPPING*
KADDOURI, Abdelhak
KAFOLATBANK*
KALA LIMITED*
KALA PENSION TRUST LIMITED*
KAR AF ARIN BANK*
KASB INTERNATIONAL LLC*
KAVERI MARITIME INC
KAVOSHYAR COMPANY
KERMAN SHIPPING CO LTD
KHALILI, Jamshid
KHAVARMIANEH BANK*
KHAZAR SEA SHIPPING LINES
KISH INTERNATIONAL BANK*
KISH PROTECTION & INDEMNITY
KONING MARINE CORP*
KONT INVESTMENT BANK
KONT KOSMETIK
KSN FOUNDATION
KUO OIL PTE. LTD
LANCELIN SHIPPING COMPANY LIMITED
LEADING MARITIME PTE. LTD.
LEILABADI, Ali Hajinia
LISSOME MARINE SERVICES LLC
LOGISTIC SMART LIMITED
LOWESWATER LIMITED
MACHINE SAZI ARAK CO. LTD.*
MAHAB GHODSS CONSULTING ENGINEERING COMPANY*
MAHD AVI, Ali
MALSHIP SHIPPING AGENCY LTD.
MARANER HOLDINGS LIMITED
MARBLE SHIPPING LIMITED
MARJAN PETROCHEMICAL COMPANY*
MAZANDARAN CEMENT COMPANY
MAZANDARAN TEXTILE COMPANY
15-12243
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S/RES/2231 (2015)
MCS ENGINEERING*
MCS INTERNATIONAL GMBH*
MEHR CAYMAN LTD.
MEHR IRAN CREDIT UNION BANK*
MEHRAN SHIPPING COMPANY LIMITED*
MELLAT BANK SB CJSC
MELLAT INSURANCE COMPANY*
MELLI AGROCHEMICAL COMPANY, P.J.S.
MELLI BANK PLC
MELLI INVESTMENT HOLDING INTERNATIONAL
MELODIOUS MARITIME INC
MERSAD SHIPPING COMPANY LIMITED*
MESBAH ENERGY COMPANY
METAL & MINERAL TRADE S.A.R.L. *
MID OIL ASIA PTE LTD
MILL DENE LIMITED
MIN AB SHIPPING COMPANY LIMITED*
MINES AND METALS ENGINEERING GMBH*
MIR BUSINESS BANK ZAO
MOALLEMINSURANCECOMPANY
MOBIN PETROCHEMICAL COMPANY*
MODABER*
MODALITY LIMITED
MOGHADDAMI FARD, Mohammad
MOHADDES, Seyed Mahmoud*
MOINIE, Mohammad*
MONSOON SHIPPING LTD*
MOUNT EVEREST MARITIME INC
MSP KALA NAFT CO. TEHRAN*
N.I.T.C. REPRESENTATIVE OFFICE*
NABIPOUR, Ghasem
NAFTIRAN INTERTRADE CO. (NICO) LIMITED*
NAFTIRAN INTERTRADE CO. (NICO) SARL*
NAFTIRAN TRADING SERVICES CO. (NTS) LIMITED
NARI SHIPPING AND CHARTERING GMBH & CO. KG
NASIRBEIK, Anahita
NATIONAL IRANIAN OIL COMPANY PTE LTD*
NATIONAL IRANIAN OIL COMPANY*
NATIONAL IRANIAN TANKER COMPANY LLC*
NATIONAL IRANIAN TANKER COMPANY*
NATIONAL PETROCHEMICAL COMPANY*
N AYEBI, Pourya
NEFERTITI SHIPPING COMPANY
NEUMAN LIMITED
NEW DESIRE LIMITED
NEW YORK GENERAL TRADING
NEW YORK MONEY EXCHANGE
NICO ENGINEERING LIMITED*
NIKOUSOKHAN, Mahmoud*
NIKSIMA FOOD AND BEVERAGE JLT
68/104
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S/RES/2231 (2015)
NINTH OCEAN ADMINISTRATION GMBH
NINTH OCEAN GMBH & CO. KG
NIOC INTERNATIONAL AFFAIRS (LONDON) LIMITED*
NIZAMI, Anwar Kamal
NOOR AFZAR GOSTAR COMPANY
NOOR ENERGY (MALAYSIA) LTD.*
NOURI PETROCHEMICAL COMPANY*
NOVIN ENERGY COMPANY
NPC INTERNATIONAL LIMITED*
NUCLEAR RESEARCH CENTER FOR AGRICULTURE AND MEDICINE
NUCLEAR SCIENCE AND TECHNOLOGY RESEARCH INSTITUTE
OCEAN CAPITAL ADMINISTRATION GMBH
OIL INDUSTRY INVESTMENT COMPANY*
OMID REY CIVIL & CONSTRUCTION COMPANY*
ONE CLASS PROPERTIES (PTY) LTD.*
ONE VISION INVESTMENTS 5(PTY) LTD.
ONERBANK ZAO*
ORCHIDEA GULF TRADING
P.C.C. (SINGAPORE) PRIVATE LIMITED*
PACIFIC SHIPPING DMCEST
PAJAND, Mohammad Hadi
PARDIS INVESTMENT COMPANY*
PARS MCS*
PARS OIL AND GAS COMPANY*
PARS OIL CO.
PARS PETROCHEMICAL COMPANY*
PARS PETROCHEMICAL SHIPPING COMPANY*
PARS TRASH COMPANY
PARSAEI, Reza*
PARSIAN BANK*
PARTNER CENTURY LIMITED
PARVARESH, Farhad Ali
PASARGAD BANK*
PEARL ENERGY COMPANY LTD.
PEARL ENERGY SERVICES, SA
PERSIA INTERNATIONAL BANK PLC
PERSIA OIL & GAS INDUSTRY DEVELOPMENT CO.*
PETRO ENERGY INTERTRADE COMPANY*
PETRO ROYAL FZE*
PETRO SUISSE INTERTRADE COMPANY SA*
PETROCHEMICAL COMMERCIAL COMPANY (U.K.) LIMITED*
PETROCHEMICAL COMMERCIAL COMPANY FZE*
PETROCHEMICAL COMMERCIAL COMPANY INTERNATIONAL*
PETROIRAN DEVELOPMENT COMPANY (PEDCO) LIMITED*
PETROLEOS DE VENEZUELA S.A. (PDVSA)
PETROPARS INTERNATIONAL FZE*
PETROPARS LTD.*
PETROPARS UK LIMITED*
PIONEER ENERGY INDUSTRIES COMPANY
POLAT, Muzaffer
15-12243
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S/RES/2231 (2015)
POLINEX GENERAL TRADING LLC*
POLYNAR COMPANY*
POST BANK OF IRAN*
POURANSARI, Hashem*
PROTON PETROCHEMICALS SHIPPING LIMITED*
PRYVATNE AKTSIONERNE TOVARYSTVO AVIAKOMPANIYABUKOVYNA
QANNADI, Mohammad
QULANDARY, Azizullah Asadullah
RAHIQI, Javad
RASOOL, Seyed Alaeddin Sadat
REY INVESTMENT COMPANY*
REY NIRU ENGINEERING COMPANY*
REYCO GMBH.
REZVANIANZADEH, Mohammed Reza
RISHI MARITIME INC
RISHMAK PRODUCTIVE & EXPORTS COMPANY*
ROYAL ARYA CO.*
ROYAL OYSTER GROUP
ROYAL-MED SHIPPING AGENCY LTD
SABET, Javad Karimi
SACKVILLE HOLDINGS LIMITED
SAD AF PETROCHEMICAL ASSALUYEH COMPANY*
SAFDARI, Seyed Jaber
SAFIRAN PAYAM DARYA SHIPPING COMPANY
SAMANBANK*
SAMAN SHIPPING COMPANY LIMITED*
SAMBOUK SHIPPING FZC*
SANDFORD GROUP LIMITED
SANTEX LINES LIMITED
SARKANDI, Ahmad
SARMAYEH BANK*
SARY SHIPPING COMPANY LIMITED*
SECOND OCEAN ADMINISTRATION GMBH
SECOND OCEAN GMBH & CO. KG
SEIBOW LIMITED
SEIBOW LOGISTICS LIMITED
SEIFI, Asadollah
SEPID SHIPPING COMPANY LIMITED*
SEVENTH OCEAN ADMINISTRATION GMBH
SEVENTH OCEAN GMBH & CO. KG
SEYYEDI, Seyed Nasser Mohammad*
SEYYEDI, Seyedeh Hanieh Seyed Nasser Mohammad
SHAHID TONDGOOYAN PETROCHEMICAL COMPANY*
SHALLON LIMITED
SHAZAND PETROCHEMICAL COMPANY*
SHERE SHIPPING COMPANY LIMITED
SHIPPING COMPUTER SERVICES COMPANY
SHOMAL CEMENT COMPANY
SIMA GENERAL TRADING CO FZE*
SIMA SHIPPING COMPANY LIMITED*
70/104
15-12243
- 158 -

S/RES/2231 (2015)
SINA BANK*
SINA SHIPPING COMPANY LIMITED*
SINGA TANKERS PTE. LTD.
SINO ACCESS HOLDINGS LIMITED
SINOSE MARITIME PTE. LTD.
SIQIRIYA MARITIME CORP.
SIXTH OCEAN ADMINISTRATION GMBH
SIXTH OCEAN GMBH & CO. KG
SMART DAY HOLDINGS GROUP LIMITED
SOKOLENKO, Vitaly
SORINET COMMERCIAL TRUST (SCT) BANKERS
SOROUSH SARZAMIN ASATIR SHIP MANAGEMENT COMPANY
SOUTH SHIPPING LINE IRAN
SPEEDY SHIP FZC
SPRINGTHORPE LIMITED
STARRY SHINE INTERNATIONAL LIMITED
SWISS MANAGEMENT SERVICES SARL*
SYNERGY GENERAL TRADING FZE*
SYSTEM WISE LIMITED
TABATABAEI, Seyyed Mohammad Ali Khatibi*
TABRIZ PETROCHEMICAL COMPANY*
TADBIR BROKERAGE COMPANY*
TADBIR CONSTRUCTION DEVELOPMENT COMPANY*
TADBIR ECONOMIC DEVELOPMENT GROUP*
TADBIR ENERGY DEVELOPMENT GROUP CO.*
TADBIR INVESTMENT COMPANY*
TAFAZOLI, Ahmad
TALAI, Mohamad
TAMAS COMPANY
TAT BANK*
TC SHIPPING COMPANY LIMITED*
TENTH OCEAN GMBH & CO. KG
THE EXPLORATION AND NUCLEAR RAW MATERIALS PRODUCTION
COMPANY
THE NUCLEAR REACTORS FUEL COMPANY
THIRD OCEAN ADMINISTRATION GMBH
THIRD OCEAN GMBH & CO. KG
THIRTEENTH OCEAN GMBH & CO. KG
TONGHAM SHIPPING CO LTD
TOP GLACIER COMPANY LIMITED
TOP PRESTIGE TRADING LIMITED
TOSEE EQTESAD AYANDEHSAZAN COMPANY*
TOSEE TAAVON BANK*
TOURISM BANK*
TRADE TREASURE LIMITED
TRUE HONOUR HOLDINGS LIMITED
TWELFTH OCEAN ADMINISTRATION GMBH
TWELFTH OCEAN GMBH & CO. KG
UPPERCOURT SHIPPING COMPANY LIMITED
VALFAJR 8TH SHIPPING LINE CO SSK
15-12243
71/104
- 159 -

S/RES/2231 (2015)
VOBSTER SHIPPING COMPANY LTD
WEST SUN TRADE GMBH*
WIPPERMANN, Ulrich
WOKING SHIPPING INVESTMENTS LIMITED
YASINI, Seyed Kamal
YAZDI, Bahareh Mirza Hossein
ZADEH, Hassan Jalil
ZANJ ANI, Babak Morteza
ZARIN RAFSANJ AN CEMENT COMPANY*
ZEIDI, Hossein
ZHUHAI ZHENRONG COMPANY
ZIRACCHIAN ZADEH, Mahmoud*
72/104
15-12243
- 160 -

S/RES/2231 02015)
BLOCKED PROPERTY
[MO
PROPERTY OF
TYPE
NUMBER
EP-CFD
IRAN AIR
Aircraft
EP-CFE
IRAN AIR
A ire raft
EP-CFH
IRAN AIR
Aircraft
EP-CFI
IRAN AIR
Aircraft
EP-CFJ
IRAN AIR
Aircraft
EP-CFK
IRAN AIR
Aircraft
EP-CFL
IRAN AIR
Aircraft
EP-CFM
IRAN AIR
Aircraft
EP-CFO
IRAN AIR
A ire raft
EP-CFP
IRAN AIR
Aircraft
EP-CFO
IRAN AIR
Aircraft
EP-CFR
IRAN AIR
Aircraft
EP-IAA
IRAN AIR
A ire raft
EP-1AB
IRAN AIR
Aircraft
EP-IAC
IRAN AIR
Aircraft
EP-IAD
IRAN AIR
Aircraft
EP-JAG
IRAN AIR
Aircraft
IRAN AIR
EP-IAH
Aircraft
EP-IAL
IRAN AIR
Aircraft
EP-IAM
IRAN AIR
Aircraft
EP-IBA
IRAN AIR
Aircraft
EP-1BB
IRAN AIR
Aircraft
EP-IBC
IRAN AIR
Aircraft
EP-IBD
IRAN AIR
Aircraft
EP-1BG
IRAN AIR
Aircraft
EP-IBH
IRAN AIR
Aircraft
EP-1BI
IRAN AIR
Aircraft
EP-IBJ
IRAN AIR
Aircraft
EP-IBK
IRAN AIR
Aircraft
EP-1BL
IRAN AIR
A ire raft
EP-IBM
IRAN AIR
Aircraft
EP-IBN
IRAN AIR
A ire raft
EP-IBP
IRAN AIR
Aircraft
EP-1BO
IRAN AIR
A ire raft
EP-1BS
IRAN AIR
Aircraft
EP-1BT
IRAN AIR
A ire raft
EP-IBV
IRAN AIR
Aircraft
EP-1BZ
IRAN AIR
A ire raft
EP-ICD
IRAN AIR
Aircraft
EP-ICE
IRAN AIR
A ire raft
EP-ICF
IRAN AIR
Aircraft
EP-IDA
IRAN AIR
Aircraft
Denotes blocked property of individual and entities identified as GOI by the Office of Foreign
Assets Control. U.S, persons and foreign entities owned or controlled by
a
U.S. person will
continue to be
prohibited from
transactions with these individuals and entities, pursuant to the
Iranian Transactions and Sanctions Regulations.
15-12243
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EP-IDD
IRAN AIR
Aircraft
EP-IDF
IRAN AIR
Aircraft
EP-IDG
IRAN AIR
Aircraft
EP-IEB
IRAN AIR
Aircraft
EP-IEC
IRAN AIR
Aircraft
EP-IED
IRAN AIR
Aircraft
EP-IEE
IRAN AIR
Aircraft
EP-IEF
IRAN AIR
Aircraft
EP-IEG
IRAN AIR
Aircraft
EP-IRK
IRAN AIR
Aircraft
EP-IRL
IRAN AIR
Aircraft
EP-IRM
IRAN AIR
Aircraft
EP-IRN
IRAN AIR
Aircraft
EP-IRR
IRAN AIR
Aircraft
EP-IRS
IRAN AIR
Aircraft
EP-IRT
IRAN AIR
Aircraft
EP-MDD
IRAN AIR
Aircraft
EP-MDE
IRAN AIR
Aircraft
UR-BXI
IRAN AIR
Aircraft
UR-BXL
IRAN AIR
Aircraft
UR-BXM
IRAN AIR
Aircraft
UR-CGS
IRAN AIR
Aircraft
UR-CGT
IRAN AIR
Aircraft
UR-CHW
IRAN AIR
Aircraft
UR-CHX
IRAN AIR
Aircraft
UR-CHY
IRAN AIR
Aircraft
UR-CHZ
IRAN AIR
Aircraft
UR-CJQ
IRAN AIR
Aircraft
UR-BHJ
PRYVATNE AKTSIONERNE TOVARYSTVO
Aircraft
AVIAKOMPANIYA
UR-BXN
PRYVATNE AKTSIONERNE TOVARYSTVO
Aircraft
AVIAKOMPANIYA
UR-CIX
PRYVATNE AKTSIONERNE TOVARYSTVO
Aircraft
AVIAKOMPANIYA
UR-CIY
PRYVATNE AKTSIONERNE TOVARYSTVO
Aircraft
AVIAKOMPANIYA
UR-CJA
PRYVATNE AKTSIONERNE TOVARYSTVO
Aircraft
AVIAKOMPANIYA
UR-CJK
PRYVATNE AKTSIONERNE TOVARYSTVO
Aircraft
AVIAKOMPANIYA
RIONA
HAFIZ DARYA SHIPPING CO
Vessel 9349588
MIRZA KOCHEK KHAN ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 7027899
ASSA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 7632814
AMITEES
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 7632826
HORMUZ2
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 7904580
PARMIDA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8105284
BARSAM
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8107581
PANTEA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8108559
74/104
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IRAN AKHAVAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8113009
SARINA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8203608
SABRINA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8215742
ATTRIBUTE
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309593
ALIAS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309608
AQUARIAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309610
ADVENTIST
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309622
AGEAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309634
ANGEL
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309646
AGILE
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309658
AJAX
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309672
ACROBAT
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309684
SHADFAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8309696
AMPLIFY
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel
8309701
IRAN HORMUZ 21
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8314263
IRAN HORMUZ 22
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8314275
IRAN HORMUZ 23
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8319782
IRAN SHALAK
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8319940
IRAN YOUSHAT
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8319952
AEROLITE
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320121
ADRIAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320133
NAGHMEH
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320145
RONAK
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320157
ACCURATE
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320169
TABANDEH
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320171
GULAFSHAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320183
ALAMEDA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8320195
IRANPARAK
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8322064
IRANCHARAK
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8322076
IRAN HORMUZ 25
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8422072
IRAN HORMUZ 26
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8422084
DORITA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8605234
IRAN SHALAMCHEH
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8820925
AAJ
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 8984484
IRAN HORMUZ 12
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9005596
IRAN KONG
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9007582
VISTA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9010711
VIANA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9010723
IRAN HORMUZ 14
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9020778
HAMD
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9036052
SOBHAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9036935
SATTAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9040479
ABBA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9051624
BEHDAD
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9051636
PARSHAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9051648
VALERIAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9051650
NEGEEN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9071519
ATTAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9074092
15-12243
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PARIN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9076478
TEEN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9101649
GOWHAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9103087
IRANDALEER
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9118551
PATRIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9137210
NARDIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9137246
KADOS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9137258
ZOMOROUD
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9138044
BRELYAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9138056
NILDA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9165786
JOVITA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9165798
MANOLA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9165803
GLADIOLUS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9165815
ELYANA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9165827
NEGAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9165839
SAVIZ
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9167253
GLOXINIA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9167265
NESHAT
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9167277
BEHSHAD
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9167289
JAIRAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9167291
IRAN SHAHED
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9184691
GOLSAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9193185
ZARSAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9193197
ARVIN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9193202
ARTAVAND
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9193214
TERESA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9209324
GABRIELA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9209336
SARITA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9209348
SIL VER CRAFT
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9209350
MAHNAM
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9213387
TERMEH
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9213399
MAHSAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9226944
HA MADAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9226956
TARADIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9245304
PARMIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9245316
ZAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9260160
ZIVAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9260172
VALILI
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9270646
SHAMIM
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9270658
IRAN SHAHR-E-KORD
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9270684
IRAN KASHAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9270696
SININ
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9274941
PARMIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9283007
AZARGOUN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9283019
SALIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9283021
GOLBON
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9283033
PARDIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9284142
TANDIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9284154
76/104
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S/RES/2231 (2015)
SHERE
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9305192
UPPERCOURT
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9305207
TONGHAM
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9305219
VOBSTER
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9305221
GOLAFRUZ
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9323833
ADALIA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9328900
SHABGOUN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9346524
AGATA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9346536
BENITA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9346548
MARISOL
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9349576
ORIANA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9349590
MERCEDES
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9349667
RAMONA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9349679
GILDA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9367982
SANIA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9367994
SARIR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9368003
SOMIA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9368015
GLORY
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9369710
ARIES
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9369722
ABTIN 1
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9379636
ARSHAM
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9386500
PARSHAD
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9387786
HAADI
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9387798
RAAZI
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9387803
SAEI
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9387815
ARTMAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9405930
BASKAR
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9405942
BAHJAT
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9405954
HAAMI
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9405966
SHAADI
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9405978
SHAYAN 1
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9420356
TABAN 1
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9420368
YARAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9420370
AMIN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9422366
AVANG
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9465746
KIAZAND
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9465758
BATIS
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9465760
WARTA
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9465849
SALIM
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9465851
ARDAVAN
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES
Vessel 9465863
NAMI
LISSOME MARINE SERVICES LLC
Vessel 8419178
GAS CAMELLIA
LISSOME MARINE SERVICES LLC
Vessel 8803381
TESS
LISSOME MARINE SERVICES LLC
Vessel 8913564
KATERINA 1
LISSOME MARINE SERVICES LLC
Vessel 9031959
MARIA
LISSOME MARINE SERVICES LLC
Vessel 9110626
SUN OCEAN
LISSOME MARINE SERVICES LLC
Vessel 9408358
YOUNES
NATIONAL IRANIAN TANKER COMPANY
Vessel 8212465
YOUSEF X
NATIONAL IRANIAN TANKER COMPANY
Vessel 8316106
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YAGHOUB X
NATIONAL IRANIAN TANKER COMPANY
Vessel 8316168
TOLOU X
NATIONAL IRANIAN TANKER COMPANY
Vessel 8318178
VALFAJR2 x
NATIONAL IRANIAN TANKER COMPANY
Vessel 8400103
BADR
NATIONAL IRANIAN TANKER COMPANY
Vessel 8407345
BANEH X
NATIONAL IRANIAN TANKER COMPANY
Vessel 8508462
SARDASHT X
NATIONAL IRANIAN TANKER COMPANY
Vessel 8517231
MARIVAN
NATIONAL IRANIAN TANKER COMPANY
Vessel 8517243
BRIGHT
NATIONAL IRANIAN TANKER COMPANY
Vessel 9005235
CARIBO
NATIONAL IRANIAN TANKER COMPANY
Vessel 9011246
AURA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9013749
BICAS
NATIONAL IRANIAN TANKER COMPANY
Vessel 9077850
MAHARLIKA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9079066
NAPOLI
NATIONAL IRANIAN TANKER COMPANY
Vessel 9079078
NYOS
NATIONAL IRANIAN TANKER COMPANY
Vessel 9079080
NAINITAL
NATIONAL IRANIAN TANKER COMPANY
Vessel 9079092
NATIVE LAND
NATIONAL IRANIAN TANKER COMPANY
Vessel 9079107
ATLANTIC
NATIONAL IRANIAN TANKER COMPANY
Vessel 9107655
SPARROW
NATIONAL IRANIAN TANKER COMPANY
Vessel 9171450
SWALLOW
NATIONAL IRANIAN TANKER COMPANY
Vessel 9171462
SUPERIOR
NATIONAL IRANIAN TANKER COMPANY
Vessel 9172038
SPOTLESS
NATIONAL IRANIAN TANKER COMPANY
Vessel 9172040
SABRINA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9172052
DESTINY
NATIONAL IRANIAN TANKER COMPANY
Vessel 9177155
HUMANITY
NATIONAL IRANIAN TANKER COMPANY
Vessel 9180281
ORIENTAL
NATIONAL IRANIAN TANKER COMPANY
Vessel 9183934
SHONA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9187629
ABELIA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9187631
ALERT
NATIONAL IRANIAN TANKER COMPANY
Vessel 9187643
SUNDIAL
NATIONAL IRANIAN TANKER COMPANY
Vessel 9187655
SIL VER CLOUD
NATIONAL IRANIAN TANKER COMPANY
Vessel 9187667
HUWAYZEH
NATIONAL IRANIAN TANKER COMPANY
Vessel 9212888
HORIZON
NATIONAL IRANIAN TANKER COMPANY
Vessel 9212890
HAPPINESS
NATIONAL IRANIAN TANKER COMPANY
Vessel 9212905
MARINA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9212917
HALISTIC
NATIONAL IRANIAN TANKER COMPANY
Vessel 9212929
DELVAR
NATIONAL IRANIAN TANKER COMPANY
Vessel 9218454
DAYLAM
NATIONAL IRANIAN TANKER COMPANY
Vessel 9218466
DAMAVAND
NATIONAL IRANIAN TANKER COMPANY
Vessel 9218478
DENA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9218480
DARAB
NATIONAL IRANIAN TANKER COMPANY
Vessel 9218492
IRAN FAZEL
NATIONAL IRANIAN TANKER COMPANY
Vessel 9283746
FIANGA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9283760
IRAN FAHIM
NATIONAL IRANIAN TANKER COMPANY
Vessel 9286140
IRAN FALAGH X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9286152
DECESIVE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9356593
SANCHI X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9356608
MAJESTIC X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357183
SUCCESS X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357353
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SUNEAST X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357365
SPLENDOUR X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357377
COURAGE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357389
HONESTY X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357391
AMBER X
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357406
DAL LAKE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357717
JUSTICE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9357729
HYDRA
NATIONAL IRANIAN TANKER COMPANY
Vessel 9362059
DOVE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9362061
ZEUS
NATIONAL IRANIAN TANKER COMPANY
Vessel 9362073
IMICO NEKA 455
NATIONAL IRANIAN TANKER COMPANY
Vessel 9404546
IMICO NEKA 456
NATIONAL IRANIAN TANKER COMPANY
Vessel 9404558
IMICO NEKA 457
NATIONAL IRANIAN TANKER COMPANY
Vessel 9404560
SUNSHINE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569205
DOJRAN
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569619
ATLANTIS
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569621
FORTUN
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569633
SALALEH
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569645
SMOOTH
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569657
SK YLINE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569669
INFINITY
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569671
DEMOS
NATIONAL IRANIAN TANKER COMPANY
Vessel 9569683
YANGZHOU DAYANG
NATIONAL IRANIAN TANKER COMPANY
Vessel 9575424
DY905
SUNRISE
NATIONAL IRANIAN TANKER COMPANY
Vessel 9615092
ANTHEM
SIQIRIYA MARITIME CORP
Vessel 8310669
JAFFNA
SIQIRIYA MARITIME CORP
Vessel 8609515
OLYSA
SIQIRIYA MARITIME CORP
Vessel 9001605
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ATTACHMENT 4
ABBASI-DAVANI, Fereidoun
ADVANCE ELECTRICAL AND INDUSTRIAL TECHNOLOGIES SL
ALUMINAT
ANDISHEH ZOLAL
ARIA NIKAN MARINE INDUSTRY
BUJAR, Farhad
DAYENI, Mahmoud Mohammadi
EYVAZ TECHNIC MANUFACTURING COMPANY
FAKHRIZADEH-MAHABADI, Mohsen
FARATECH
FARAYAND TECHNIQUE
FULMEN GROUP
IMANIRAD, Arman
IMANIRAD, Mohammad Javad
IRAN CENTRIFUGE TECHNOLOGY COMPANY
IRANPOOYA
JAHAN TECH ROOYAN PARS
J A VEDAN MEHR TOOS
KAHVARIN, Iradj Mohammadi
KALAYE ELECTRIC COMPANY
KHAKI, Parviz
MANDEGAR BASPAR KIMIYA COMPANY
MAROSANATCOMPANY
MODERN INDUSTRIES TECHNIQUE COMPANY
NEDA INDUSTRIAL GROUP
NEKANOVIN
PARTO SANAT CO.
PAYAPARTOV CO.
PENTANE CHEMISTRY INDUSTRIES
PETRO GREEN
PISHRO SYSTEMS RESEARCH COMPANY
POUYA CONTROL
PUNTI, Pere
RAHIMYAR, Amir Hossein
SIMATIC DEVELOPMENT CO.
TAGHTIRAN KASHAN COMPANY
TANIDEH, Hossein
TARH O PALAYESH
THE ORGANIZATION OF DEFENSIVE INNOVATION AND RESEARCH
TOWLID ABZAR BORESHI IRAN
WISSER, Gerhard
YASAPART
ZOLAL IRAN COMPANY
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JCPOAAnnex III - Civil Nuclear Cooperation
A. General
1.
Iran and E3/EU+3 decided to co-operate, among others, including through
IAEA technical cooperation, where appropriate, and without prejudice to the
existing bilateral agreements, in different areas of civil nuclear co -operation to
be developed within the framework of this JCPOA, as detailed in this Annex.
In this context, the Joint Commission will also support assistance to Iran,
including through IAEA technical cooperation projects, as appropriate.
2. All civil nuclear cooperation projects under this JCPOA will be mutually
determined by the participating states and will be consistent with the JCPOA
and the national laws and regulations of the participating parties.
3. The civil nuclear and scientific cooperation projects envisioned between Iran
and the E3/EU+3 as part of this JCPOA may be undertaken in a variety of
formats, with a variety of potential participants. A given project undertaken by
the E3/EU+3 will not necessarily include participation by all E3/EU+3 parties:
3 .1.
bilateral or multilateral cooperation arrangements with Iran. Such
arrangements would be mutually determined by the participating states.
3.2. projects under the auspices of the IAEA, either through IAEA technical
co-operation projects including through Project and Supply Agreements.
3 .3. through International Science and Technology Centres.
Specifically, E3/EU+3 parties will undertake, to develop nuclear co-operation
with Iran, in particular within the following areas:
B. Reactors, Fuels and Associated Technologies, Facilities and Processes
4. Modern light water power and research reactors and associated equipment,
technologies and facilities
E3/EU+3 parties, as appropriate, will facilitate Iran's acquisition of light-water
research and power reactors, for research, development and testing, and for the
supply of electricity and desalination, with arrangements for the assured supply of
nuclear fuel and the removal of spent fuel as provided for in relevant contracts, for
each reactor provided. This may include the following areas for co -operation:
4.1. Construction as well as effective and safe operation of new light water power
reactors and associated equipment, according to Generation III+ requirements,
including small and medium sized nuclear reactors, including joint design and
manufacturing, as appropriate.
4.2. Construction of state of the art light water moderated multipurpose research
reactors capable of testing fuel pins, assembly prototypes and structural
materials with associated related facilities, including joint design and
manufacturing, as appropriate.
4.3. Supply of state-of-the-art instrumentation and control systems for the above
research and power reactors, including joint design and manufacturing, as
appropriate;
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4.4. Supply of nuclear simulation and calculation codes and software solutions
with regard to the above areas, including joint development, as appropriate;
4.5. Supply of first and second loop main equipment as well as core of the above
research and power reactors, including joint design and manufacturing, as
appropriate;
4.6. On-the-job training on fuel management scenarios and reshuffling for the
above research and power nuclear reactors;
4.7. Joint technical review of Iran's current nuclear reactors, upon the request by
Iran, in order to upgrade current equipment and systems, including concerning
nuclear safety;
5. Arak Modernisation Project
5.1. As described in Section B of Annex I, an international partnership composed
of E3/EU+3 parties and Iran, which may subsequently be enlarged to include
mutually determined third countries will be established, to support and facilitate
the redesign and rebuilding of the IR-40 reactor at Arak into a modernised, not
exceeding 20MWth, heavy-water moderated and cooled research reactor, based
on the agreed conceptual design (as attached to Annex I).
5.2. Iran will take the leadership role as the owner and as the project manager, and
have responsibility for overall implementation of the Arak modernisation
project. A Working Group composed of E3/EU+3 participants will be
established to support and facilitate the redesigning and rebuilding of the
reactor. An international partnership composed of Iran and the Working Group
would implement the Arak modernisation project, with E3/EU+3 participants
assuming responsibilities as described in Annex I. The Working Group could
be enlarged to include other countries by consensus of the participants of the
Working Group and Iran. E3/EU+3 participants and Iran will conclude an
official document expressing their strong commitments to the Arak
modernisation project in advance of Implementation Day which would provide
an assured path forward to modernise the reactor and would define the
responsibilities assumed by the E3/EU+3 participants, especially in the key
areas such as redesign, design review and certification, reactor core
manufacturing, fuel design, fabrication and supply, safety and security, spent
fuel treatment or disposition, as well as concerning the supply of materials,
equipment, instrumentation and control systems, and subsequently contracts
would be concluded. The participants of the Working Group will provide
assistance needed by Iran for redesigning and rebuilding the reactor, consistent
with their respective national laws, in such a manner as to enable the safe and
timely construction and commissioning of the modernised reactor.
5.3. Iran and the Working Group will cooperate to develop the final design of the
modernised reactor and the design of the subsidiary laboratories to be carried
out by Iran, and review conformity with international safety standards, such
that the reactor can be licensed by the relevant Iranian regulatory authority for
commissioning and operation.
5.4. Iran will continue to assume the primary responsibility for financing the
modernisation project. Additional funding arrangements for the project,
including for IAEA projects supporting the Arak modernisation project, will be
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determined based on the official document and contracts to be subsequently
concluded.
6. Nuclear Fuel
6.1. E3/EU+ 3 parties, as appropriate, will support assistance to Iran, including
through the IAEA, as appropriate, in meeting international qualification
standards for nuclear fuel fabricated by Iran.
6.2. E3/EU+3 parties will seek to cooperate regarding the supply of modern fuels,
including, as appropriate, joint design and fabrication, the relevant licenses
and fabrication technologies and equipment and related infrastructure, for
current and future nuclear research and power reactors, including technical
assistance on purification processes, forming and metallurgical activities for
different types of nuclear fuel clads and cladding for the modernised Arak
heavy water research reactor.
C. Research and Development (R&D) Practices
7. To implement other aspects of this JCPOA and in support of a broader opening
of scientific engagements between the E3/EU+3 and Iran, the E3/EU+3 and
Iran will seek cooperation and scientific exchange in the field of nuclear
science and technology:
7 .1. Accelerator-based nuclear physics and nuclear astrophysics research, and
stable isotope production in international collaboration at the nuclear, physics,
and technology centre at the Fordow facility. Iran will request from the
E3/EU+3 and other interested parties specific proposals for cooperative
international nuclear, physics, and technology projects and will host an
international workshop to review these proposals. The goal is to realise
international collaborative projects within a few years. The transitioning to
stable isotope production of two cascades will be conducted in a joint
partnership between the Russian Federation and Iran on the basis of
arrangements to be mutually agreed upon.
7.2. Plasma physics and nuclear fusion;
7 .3. Research reactor applications at the TRR, modernized Arak reactor, or at other
future research reactors in Iran, such as:
7.3.1.
7.3.2.
7.3.3.
7.3.4.
7.3.5.
7.3.6.
7.3.7.
7.4.
Training
Radio-isotope production and utilization
Nuclear desalination
Neutron transmutation doping
Neutron activation analysis
Neutron capture therapy
Neutron imaging and materials characterization studies using neutron
beams
E3/EU+3 parties and Iran could also explore co-operation in the
following additional areas:
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7.4.1.
Design, manufacture and/or assembly of in-core measuring
instrumentation and technologies;
7.4.2.
Nuclear instrumentation and control, systems and electronics design,
manufacture and/or assembly;
7.4.3.
Fusion technology and plasma physics and related infrastructure and
facilitating contribution of Iran to the International Thermonuclear
Experimental Reactor (ITER) Project and/or similar projects, including
relevant IAEA technical cooperation projects;
7.4.4.
7.4.5.
7.4.6.
Neutrino astronomy;
Design and manufacturing, and supply, of different types of accelerators
and supply of related equipment including through relevant IAEA
technical cooperation projects;
Data acquisition and processing software and interface equipment;
D. Nuclear Safety, Safeguards and Security
8. Nuclear safety
E3/EU+3 parties, and possibly other states, as appropriate, are prepared to cooperate
with Iran to establish a Nuclear Safety Centre in Iran, engage in workshops and
training events in Iran to support interactions between Iranian nuclear regulatory
authorities and those from the E3/EU+3 and elsewhere to, among other things, share
lessons learned on establishing and maintaining regulatory independence and
effectiveness, and training on implementing nuclear safety culture and best
practices; facilitate exchanges and visits to nuclear regulatory authorities and
nuclear power plants outside of Iran focusing on best practices for safe operation;
and enhance and strengthen domestic emergency preparedness and severe accident
management capability.
Provide support and assistance to enable Iran to join relevant conventions on
nuclear safety and security, e.g. through workshops or seminars furthering accession
to such commitments. Such workshops or seminars could also take place under the
auspices of the IAEA.
E3/EU+ 3 parties, and possibly other states, as appropriate, will co -operate with Iran
in the following areas of nuclear safety, as well as in other areas to be mutually
agreed:
8.1. Conclusion of bilateral/multilateral agreements with related organisations and
research centres;
8.2. Supply of valid codes, instruments and equipment related to nuclear safety;
8.3. Facilitate exchange of knowledge and experience in the area of nuclear safety;
8.4. Enhance and strengthen domestic emergency preparedness and severe accident
management capability;
8.5. Arrange on-the-job training and apprenticeship courses for reactor and facility
operators, regulatory authority personnel and related supportive organizations
in the area of nuclear safety inside and outside of Iran;
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8.6. Establish a Nuclear Safety Centre in Iran, which shall be equipped with
necessary tools, techniques and equipment, in order to support and facilitate
technical and professional training and exchange of lessons-learned for reactor
and facility operators, regulatory authority personnel and related supportive
organizations;
9.
Nuclear Safeguards
E3/EU+3 parties, and possibly other states, as appropriate, are prepared to cooperate
with Iran on the effective and efficient implementation of IAEA safeguards and
transparency measures in Iran. Co-operation in the following areas can be
envisaged:
9 .1. Cooperation in the form of on-the-job trainings and workshops to strengthen
nuclear material accounting and control process, human resource development,
and quality assurance/quality control processes;
9.2. E3/EU+3 parties, and other states, as appropriate, are prepared to cooperate
with Iran for the effective and efficient implementation of IAEA safeguards
and transparency measures in Iran.
9 .3. This cooperation could take the form of training and workshops to strengthen
Iran's safeguards regulatory authority, nuclear material accounting and control
processes, human resource development, and quality assurance/quality control
processes.
10. Nuclear Security
E3/EU+3 parties, and possibly other states, as appropriate, are prepared to cooperate
with Iran on the implementation of nuclear security guidelines and best practices.
Co-operation in the following areas can be envisaged:
10.1. Co-operation in the form of training courses and workshops to strengthen
Iran's ability to prevent, protect and respond to nuclear security threats to
nuclear facilities and systems as well as to enable effective and sustainable
nuclear security and physical protection systems;
10.2. Co-operation through training and workshops to strengthen Iran's ability to
protect against, and respond to nuclear security threats, including sabotage, as
well as to enable effective and sustainable nuclear security and physical
protection systems.
E. Nuclear Medicine and Radioisotopes, Associated Technologies, Facilities
and Processes
11. E3/EU+ 3 parties, as appropriate, are prepared to cooperate with Iran to
improve the utilization of nuclear medicine in Iran in order to enhance Iran's
expertise in diagnostic imaging and radiotherapy, increase the availability of
medical radioisotopes for diagnosis and treatment of Iranian citizens, and
facilitate Iran's participation in the broader international scientific and nuclear
medicine community. Such cooperation may include:
11. 1. Upgrades to the infrastructure associated with existing cyclotron facilities,
including for medical radioisotopes production.
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11.2. Facilitating Iranian acquisition of a new cyclotron, and associated radio
pharmacy equipment, for medical radioisotopes production.
11.3. Acquisition of state-of-the-art diagnostic imaging and radiotherapy equipment
for existing or new nuclear medicine centers, including co -operation between
hospitals for the treatment of individual patients.
11.4. Cooperation on occupational and patient dosimetry procedures.
11.5. Improved target utilization to increase radioisotope production.
11.6. Acquisition of radioisotope sources for bracho therapy, and radiotherapy
instrument calibration, and other medical and industrial applications.
11.7. Supply of state-of-the art radio-medicine center and necessary laboratories.
F. Waste Management and Facility Decommissioning
12. E3/EU+3 parties, as appropriate, are prepared to cooperate with Iran in the
safe, effective, and efficient management and disposition of nuclear and
radiological wastes derived from Iran's nuclear fuel cycle activities and
nuclear medicine, radioisotope production and/or consumption activities.
13. E3/EU+3 parties, as appropriate, are prepared to cooperate with Iran in areas
of safe, effective, and environmentally friendly best practices for facility
decontamination and decommissioning, including co-operation on long term
storage facilities for the repository of low and medium level waste.
14. E3/EU+3 parties, as appropriate, are prepared to facilitate exchanges and
visits to relevant sites and locations outside of Iran related to effective waste
management and best practices.
15. E3/EU+3 parties, as appropriate, will facilitate the supply of appropriate
equipment and systems for waste management and depository facilities in
Iran.
G. Other projects
16. Other projects may be implemented between the relevant E3/EU+3 parties
and Iran, as mutually determined by the participants in the JCPOA, including
in the following areas:
16.1. Construction of nuclear desalination and associated infrastructure in Iran;
16.2. Development of laser technology for medical applications (e.g. for eye
surgery);
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JCPOA Annex IV - Joint Commission
1. Establishment, Composition, and Coordinator
1. 1.
The Joint Commission is established to carry out the functions assigned to
it in the JCPOA, including its Annexes.
1.2.
The Joint Commission is comprised of representatives of Iran and the
E3/EU+3 (China, France, Germany, the Russian Federation, the United
Kingdom, and the United States, with the High Representative of the
Union for Foreign Affairs and Security Policy), together, the JCPOA
participants.
1.3.
The Joint Commission may establish Working Groups in particular areas,
as appropriate.
1.4.
The High Representative of the Union for Foreign Affairs and Security
Policy (High Representative), or his/her designated representative will
serve as the Coordinator of the Joint Commission.
2.
Functions
2.1.
The Joint Commission will perform the following functions:
2.1.1. Review and approve the final design for the modernized heavy water
research reactor and the design of the subsidiary laboratories prior to the
commencement of construction, and review and approve the fuel design for
the modernized heavy water research reactor as provided for in Section B
of Annex I;
2.1.2. Review and approve, upon request by Iran, development, acquisition,
construction or operation of hot cells (containing a cell or interconnected
cells), shielded cells or shielded glove boxes with dimensions beyond
6 cubic meters in volume and specifications set out in Annex I of the
Additional Protocol, as provided for in paragraph 21 of Annex I;
2.1.3. Review and approve plans submitted by Iran to initiate R&D on uranium
metal based TRR fuel, as provided for in paragraph 26 of Annex I;
2.1.4. Review and approve, upon request by Iran, projects on new types of
centrifuges to proceed to a prototype stage for mechanical testing, as
provided for in paragraph 43 of Annex I;
2.1.5. Receive information in advance about the specific projects that will be
undertaken at Fordow, as provided for in paragraph 44 of Annex I;
2.1.6. Receive information about the conceptual framework of stable isotope
production at Fordow, as provided for in paragraph 46.1 of Annex I;
2.1. 7. Assess and then approve, upon request by Iran, that fuel assemblies
manufactured in Iran and their intermediate products cannot be readily
reconverted into UF6, based on the objective technical criteria, with the
goal of enabling fuel to be fabricated in Iran, as provided in paragraph 59
of Annex I;
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2.1.8. Support assistance to Iran, including through IAEA technical cooperation
as appropriate, in meeting international qualification standards for nuclear
fuel produced by Iran, as provided for in paragraph 59 of Annex I;
2.1.9. Review and approve in advance, upon request by Iran, engagement by Iran,
including through export of any enrichment or enrichment related
equipment and technology, with any other country, or with any foreign
entity in enrichment and enrichment related activities, including related
research and development, as provided for in paragraph 73 in Annex I;
2.1.10. Provide consultation, and advise on the necessary means in the context of
access as specified in paragraph 78 of Annex I;
2.1.11. Review and approve in advance, upon request by Iran, the design,
development, fabrication, acquisition, or use for non-nuclear purposes of
multi-point explosive detonation systems suitable for a nuclear explosive
device and explosive diagnostic systems (streak cameras, framing cameras
and flash x-ray cameras) suitable for the development of a nuclear
explosive device, as provided for in paragraphs 82.2 and 82.3 of Annex I;
2.1.12. Review and consult to address issues arising from the implementation of
sanctions lifting as specified in this JCPOA and its Annex II;
2.1.13. Review and decide on proposals for nuclear-related transfers to or
activities with, Iran, in accordance with Section 6 of this Annex and the
United Nations Security Council resolution endorsing this JCPOA:;
2.1.14. Review, with a view to resolving, any issue that a JCPOA participant
believes constitutes nonperformance by another JCPOA participant of its
commitments under the JCPOA, according to the process outlined in the
JCPOA:;
2.1.15. Adopt or modify, as necessary, procedures to govern its activities;
2.1.16. Consult and provide guidance on other implementation matters that may
arise under the JCPOA.
3. Procedures
3 .1.
The Joint Commission will meet on a quarterly basis and at any time upon
request of a JCPOA participant to the Coordinator. The Coordinator will
convene a meeting of the Joint Commission to be held no later than one
week following receipt of such a request, except for consultations in
accordance with Section Q of Annex I and any other matter that the
Coordinator and/or a JCPOA participant deem urgent, in which case the
meeting will be convened as soon as possible and not later than three
calendar days from receipt of the request.
3.2. Meetings of the Joint Commission will be held in New York, Vienna, or
Geneva as appropriate. The host country should facilitate entry formalities
for those attending such meetings.
3 .3.
The Joint Commission may decide by consensus to invite observers to
attend its meetings.
3.4.
Except as provided in Section 6 of this Annex which will be subject to the
confidentiality procedure of the UN, the work of the Joint Commission is
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confidential and may be shared only among JCPOA participants and
observers as appropriate, unless the Joint Commission decides otherwise.
4.
Decisions
4.1.
Except as stated otherwise in this Annex, decisions by the Joint
Commission are to be made by consensus.
4.2.
Each JCPOA participant will have one vote. Decisions of the Joint
Commission are to be taken by the Representative or the Deputy
Representative or other such alternate as the JCPOA participant may
designate.
4.3.
The vote of each JCPOA participant will be made known to all other
JCPOA participants if any JCPOA participant requests a recorded vote.
4.4.
Matters before the Joint Commission pursuant to Section Q of Annex I are
to be decided by consensus or by affirmative vote of five JCPOA
participants. There is no quorum requirement.
4.5.
The Coordinator will not take part in decision-making on nuclear-related
transfers and activities as set out in Section 6 of this Annex.
5.
Other
5.1.
Each JCPOA participant will be responsible for its own costs of
participating in the Joint Commission, unless the Joint Commission decides
otherwise.
5.2. JCPOA participants may request that the Coordinator circulates a
notification to the other JCPOA participants at any time. Upon such a
request, the Coordinator will circulate such notification without delay to all
JCPOA participants.
6.
Procurement Working Group
6.1. With the purpose of establishing a procurement channel, the Joint
Commission will, except as otherwise provided by the United Nations
Security Council resolution endorsing this JCPOA, review and decide on
proposals by states seeking to engage in:
6.1.1. the supply, sale or transfer directly or indirectly from their territories, or by
their nationals or using their flag vessels or aircraft to, or for the use in or
benefit of, Iran, and whether or not originating in their territories, of all
items, materials, equipment, goods and technology set out in
INFCIRC/254/Rev.12/Part 1, and, if the end-use will be for Iran's nuclear
programme set out in this JCPOA or other non-nuclear civilian end-use, all
items, materials, equipment, goods and technology set out in
INFCIRC/254/Rev.9/Part 2 (or the most recent version of these documents
as updated by the Security Council), as well as any further items if the
relevant State determines that they could contribute to activities
inconsistent with the JCPOA; and,
6.1.2. the provision to Iran of any technical assistance or training, financial
assistance, investment, brokering or other services related to the supply,
sale, transfer, manufacture, or use of the items, materials, equipment,
goods and technology described in subparagraph (a) above;
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6.1.3. acquisition by Iran of an interest in a commercial activity in another State
involving uranium mining, production or use of nuclear materials and
technologies as listed in INFCIRC/254/Rev.12/Part 1, and such
investments in territories under their jurisdiction by Iran, its nationals, and
entities incorporated in Iran or subject to its jurisdiction, or by individuals
or entities acting on their behalf or direction, or by entities owned or
controlled by them.
6.2.
The Joint Commission will discharge its responsibility for reviewing and
making recommendations on proposals for nuclear-related transfers to or
activities with Iran through a Procurement Working Group.
6.3.
Each E3+ 3 State and Iran will participate in the Procurement Working
Group. The High Representative will serve as the Coordinator of the
Procurement Working Group.
6.4. Except as otherwise provided by the Joint Commission or the United
Nations Security Council resolution endorsing this JCPOA, the
Procurement Working Group will consider proposals according to the
following process:
6.4.1. Upon receipt of a proposal, including all necessary supporting information,
by a State seeking to engage in transfers and activities referenced in
Section 6.1, the Coordinator will forward the proposal, through appropriate
means, without delay to the Procurement Working Group and, when the
proposal relates to items, material, equipment, goods and technology
intended to be used in nuclear activities authorized by the JCPOA, to the
IAEA. The Procurement Working Group will have up to 30 working days
to consider and decide on the proposal.
6.4.2. "Necessary supporting information" for purposes of Section 6.4.1 means:
(a) a description of the item; (b) the name, address, telephone number, and
email address of the exporting entity; (c) the name, address, telephone
number, and email address of the importing entity; (d) a statement of the
proposed end-use and end use location, along with an end-use certification
signed by the AEOI or the appropriate authority of Iran attesting the stated
end-use; (e) export license number if available; (f) contract date, if
available; and (g) details on transportation, if available; provided that if
any of the export license number, contract date, or details on transportation
are not available as of the time of submittal of the proposal, such
information will be provided as soon as possible and in any event as
condition of approval prior to shipment of the item.
6.4.3. Each participant in the Procurement Working Group will have to
communicate to the Coordinator, within 20 working days, whether it
approves or rejects the proposal. The timeline for consideration may be
extended for an additional period of 10 working days at the request of a
participant of the Procurement Working Group.
6.4.4. The proposal will be recommended for approval as soon as the Coordinator
receives formal approvals from all the Procurement Working Group
Participants or if, at the end of the 30 working day period, the Coordinator
has received no disapprovals from any of the Procurement Working Group
Participants. If
at the end of the 30 working day period, the proposal has
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not been recommended for approval, the proposal may, at the request of at
least two Working Group Participants within 5 working days, be referred to
the Joint Commission, which would decide on approval of the proposal by
consensus within 10 working days. Otherwise the proposal will be
recommended for disapproval. The disapproving JCPOA participant(s)
should provide relevant information regarding the disapproval to the Joint
Commission as appropriate, taking into account the need to protect
confidential information.
6.4.5. The Coordinator will communicate the recommendation of the Joint
Commission to the United Nations Security Council no later than
35 working days, or in case of referral to the Joint Commission no later
than 45 working days from the date the Coordinator transmitted the
proposal and all necessary supporting information to the Procurement
Working Group.
6.4.6. Except as decided otherwise by consensus, the Procurement Working
Group will meet every three weeks for reviewing the proposals. When
some of the proposals to be reviewed relate to items, material, equipment,
goods and technology intended to be used in nuclear activities authorized
by the JCPOA, the IAEA may be invited to attend the meeting as an
observer.
6.5.
All JCPOA participants will act in accordance with the procurement
channel and will only engage in transfers and activities referenced in
Section 6.1 following approval by the Joint Commission and the United
Nations Security Council. Iran will not use, acquire, or seek to procure the
items, materials, equipment, goods, and technology referred to in Section
6.1 of this Annex for nuclear activities which are inconsistent with this
JCPOA.
6.6.
Any JCPOA participant may refer a procurement-related activity to the
Joint Commission under the dispute settlement mechanism if it is
concerned that such activity is inconsistent with this JCPOA.
6.7.
Iran will provide to the IAEA access to the locations of intended use of all
items, materials, equipment, goods and technology set out in
INFCIRC/254/Rev.12/Part 1 ( or the most recent version of these
documents as updated by the Security Council) imported following the
procedure under Section 6 of this Annex.
6.8.
Iran will permit the exporting state to verify the end-use of all items,
materials, equipment, goods and technology
set out in
INFCIRC/254/Rev.9/Part 2 (or the most recent version of these documents
as updated by the Security Council) imported following the procedure
under Section 6 of this Annex. Upon request of the exporting state, or if the
Joint Commission deems necessary when approving a proposal for transfer,
the Joint Commission will provide expertise to the exporting state,
including experts, as needed, to participate in the end-use verification.
6.9.
The Procurement Working Group will respond to requests for guidance on
procurement activities from third parties, as communicated by the
Coordinator. The Procurement Working Group will endeavor to respond to
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such requests for guidance within 9 working days from the date the
Coordinator submits it to the Procurement Working Group.
6.10.
The Joint Commission will report to the United Nations Security Council
at least every 6 months on the status of the Procurement Working Group's
decisions and on any implementation issues.
7.
Working Group on Implementation of Sanctions Lifting
7.1.
The Joint Commission will discharge its responsibilities for reviewing and
consulting on issues related to the implementation of sanctions lifting as
specified in this JCPOA assisted by a working group on the
implementation of sanctions lifting.
7.2.
The Joint Commission participants will participate in this working group.
The High Representative will serve as coordinator of this working group.
7.3.
If
at any time following the implementation day Iran believes that any
other nuclear-related sanction or restrictive measure including related
designations of the E3/EU+3 is preventing the full implementation of the
sanctions lifting as specified in this JCPOA, the JCPOA participant in
question will consult with Iran with a view to resolving the issue. If
they
are not able to resolve the issue, Iran or any member of the E3/EU+3 may
refer the issue to the working group.
7.4.
The participants of the working group will review and consult, with a view
to resolving the issue within 30 working days.
7.5.
If
after involvement of the working group, the issue remains unresolved,
any participant of the JCPOA may refer it to the Joint Commission.
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JCPOAAnnex V - Implementation Plan!
1. This Annex describes the sequence of the actions specified in Annexes I and
II to this JCPOA.
A. Finalisation Day
2. Upon conclusion of the negotiations of this JCPOA, the E3/EU+3 (China,
France, Germany, the Russian Federation, the United Kingdom and the
United States, with the High Representative of the European Union for
Foreign Affairs and Security Policy) and Iran will endorse this JCPOA.
3. Promptly after the conclusion of the negotiations of this JCPOA, the
proposed UN Security Council resolution referred to in Section 18 of this
Annex will be submitted to the UN Security Council for adoption without
delay.
4.
The EU will promptly endorse the UN Security Council resolution referred
to above through Council Conclusions.
5.
Iran and the IAEA will start developing necessary arrangements to
implement all transparency measures provided for in this JCPOA so that such
arrangements are completed, in place, and ready for implementation on
Implementation Day.
B. Adoption Dav
6.
Adoption Day will occur 90 days after the endorsement of this JCPOA by the
UN Security Council through the resolution referred to above, or at an earlier
date by mutual consent of all JCPOA participants, at which point this JCPOA
comes into effect.
7. Beginning on Adoption Day, JCPOA participants will make necessary
arrangements and preparations, including legal and administrative
preparations, for the implementation of their JCPOA commitments.
8.
Iran will officially inform the IAEA that, effective on Implementation Day,
Iran will provisionally apply the Additional Protocol, pending its ratification
by the Maj lis (Parliament), and will fully implement the modified code 3 .1.
9.
Iran will implement paragraph 66 from Section M on "Past and Present
Issues of Concern" of Annex I.
10. The EU and its Member States will adopt an EU Regulation, taking effect as
of Implementation Day, terminating all provisions of the EU Regulation
implementing all nuclear-related economic and financial EU sanctions as
specified in Section 16.1 of this Annex, simultaneously with the IAEA
verified implementation by Iran of agreed nuclear-related measures.
11. The United States, acting pursuant to Presidential authorities, will issue
waivers, to take effect upon Implementation Day, ceasing the application of
the statutory nuclear-related sanctions as specified in Sections 17 .1 to 17 .2 of
this Annex. The President will also take action to direct that all appropriate
1
This Annex is only for the purpose of determining the sequence of implementation of the
commitments described in this JCPOA and annexes thereto and does not restrict or expand the
scope of these commitments.
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additional measures be taken to implement the cessation of application of
sanctions as specified in Sections 17 .1 to 17.4 of this Annex, including the
termination of Executive orders as specified in Section 17.4, and the
licensing of activities as specified in Section 17.5.
12. E3/EU+3 participants and Iran will begin discussions on an official
document to be concluded in advance of Implementation Day which will
express strong commitments of the E3/EU+3 participants to the Arak Heavy
Water Reactor modernisation project and define the responsibilities assumed
by the E3/EU+3 participants.
13. The EU, its Member States and the United States will begin consultation as
appropriate with Iran regarding relevant guidelines and publicly accessible
statements on the details of sanctions or restrictive measures to be lifted
under this JCPOA.
C. Implementation Day
14. Implementation Day will occur upon the IAEA-verified implementation by
Iran of the nuclear-related measures described in paragraph 15 below, and,
simultaneously, the E3/EU+3 taking the actions described in paragraphs 16
and 17 below, and with the actions described in paragraph 18 below taking
place at the UN level in accordance with the UN Security Council resolution.
15. Iran will implement the nuclear-related measures as specified in Annex I:
15.1. Paragraphs 3 and 10 from Section B on "Arak Heavy Water Research
Reactor;
15.2. Paragraphs 14 and 15 from Section Con "Heavy Water Production Plant;
15.3. Paragraphs 27, 28, 29, 29.1 and 29.2 from Section F on "Enrichment
Capacity;
15.4. Paragraphs 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42 from Section G
on
"Centrifuges Research and Development;
15.5. Paragraphs 45, 46, 46.1, 46.2, 47.1, 48.1 from Section H on "Fordow Fuel
Enrichment Plant;
15.6. Paragraphs 52, 54 and 55 from Section I on "Other Aspects of Enrichment;
15.7. Paragraphs 57 and 58 from Section Jon "Uranium Stocks and Fuels;
15.8. Paragraph 62 from Section Kon "Centrifuge Manufacturing;
15.9. Complete the modalities and facilities-specific arrangements to allow the
IAEA to implement all transparency measures provided for in Annex I;
15.10. Paragraphs 64 and 65 from Section Lon "Additional Protocol and Modified
Code 3.1";
15.11. Paragraphs 80.1 and 80.2 from Section R on "Centrifuge Component
Manufacturing Transparency; and
15.12. Within one year from Implementation Day, Iran will have completed the
measures specified in paragraphs 47.2 and 48.2 of Section H on "Fordow
Fuel Enrichment Plant.
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16. The European Union will:
16.1. Terminate the provisions of Council Regulation (EU) No 267/2012 and
suspend the corresponding provisions of Council Decision 2010/413/CFSP
specified in Sections 1.1.1-1.1.3; 1.1.5-1.1.8; 1.2.1-1.2.5; 1.3 .1, 1.3
.2 (in so
far as it concerns Articles 16 and 17 of Council Decision 2010/413/CFSP)
and 1.3.3; 1.4.1 and 1.4.2; 1.10.1.2 (in so far as it concerns Articles 39, 43,
43a of Council Regulation (EU) No 267/2012) of Annex II. EU Member
States will terminate or amend national implementing legislation as required.
16.2. Amend the provisions of Council Regulation (EU) No 267/2012 and the
corresponding provisions of Council Decision 2010/413/CFSP specified in
Sections 1.6.1-1.7.2 of Annex II, in connection with activities consistent with
this JCPOA.
16.3. Remove individuals and entities set forth in Attachment 1 to Annex II of this
JCPOA from Annexes VIII and IX to Council Regulation (EU) 267/2012.
Suspend the provisions of Council Decision 2010/413/CFSP specified in
Section 1. 9 .1
of Annex II in
relation to individuals and entities set forth in
Attachment 1 to Annex II.
16.4. Amend the provisions of Council Regulation (EU) No 267/2012 and Council
Decision 2010/413/CFSP specified in
Sections 1.5.1 and 1.5.2 of Annex II to
implement the relevant provisions of the UN Security Council resolution
referred to above.
17. The United States will:2
17.1. Cease the application of the sanctions set forth in Sections 4.1-4.5 and 4.7 of
Annex II, with the exception of Section 211(a) of the Iran Threat Reduction
and Syria Human Rights Act of 2012 (TRA);
17.2. Cease the application of the sanctions set forth in Section 4.6 of Annex II, in
connection with activities consistent with this JCPOA, including trade with
individuals and entities set forth in Attachment 3 to Annex II;
17. 3. Remove individuals and entities set forth in Attachment 3 to Annex II from
the Specially Designated Nationals and Blocked Persons List (SDN List), the
Foreign Sanctions Evaders List (FSE List), and/or the Non-SDN Iran
Sanctions Act List as set forth in Section 4.8.1 of Annex II;
17.4. Terminate Executive Orders 13574, 13590, 13622, 13645 and Sections 5-7
and 15 of Executive Order 13628 as set forth in Section 4 of Annex II; and
17.5. License activities as set forth in Section 5 of Annex II.
18. UN Security Council
18.1. In accordance with the UN Security Council resolution endorsing this
JCPOA, the provisions imposed in UN Security Council resolutions 1696
(2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010)
and 2224 (2015) will be terminated subject to re-imposition in the event of
significant non-performance by Iran of JCPOA commitments, and specific
2
The sanctions that the United States will cease to apply are those directed towards non-U.S.
persons, as described in Section 4 of Annex II.
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restrictions, including restrictions regarding the transfer of proliferation
sensitive goods will apply.
3
18.2. The E3/EU+3 will take appropriate measures to implement the new UNSC
resolution.
D.
Transition Day
19. Transition Day will occur 8 years from Adoption Day or upon a report from
the Director General of the IAEA to the IAEA Board of Governors and in
parallel to the UN Security Council stating that the IAEA has reached the
Broader Conclusion that all nuclear material in Iran remains in peaceful
activities, whichever is earlier.
20. The European Union will:
20.1. Terminate the provisions of Council Regulation (EU) No 267/2012 and
suspend the corresponding provisions of Council Decision 2010/413/CFSP
specified in Sections 1.1.4, 1.3.2 (in so far as it concerns Articles 15 and 18
of Council Decision and Articles 36 and 37 of Council Regulation); 1.5.1 and
1.5.2 (in so far as it concerns Ballistic Missiles restrictions); 1.6.1-1.9.1 of
Annex II.
20.2. Remove individuals and entities set forth in Attachment 2 to Annex II from
Annexes VIII and IX to Council Regulation (EU) 267/2012.
20.3. Remove individuals and entities set forth in Attachment 1 to Annex II from
Annexes I and II to Council Decision 2010/413/CFSP.
20.4. Terminate all provisions in
Council Decision 2010/413/CFSP suspended on
Implementation Day.
21. The United States will:
21.1. Seek such legislative action as may be appropriate to terminate, or modify to
effectuate the termination of, the statutory sanctions set forth in Sections
4.1-4.5, 4.7 and 4.9 of Annex II;
21.2. Seek such legislative action as may be appropriate to terminate, or modify to
effectuate the termination of, the statutory sanctions described in Section 4.6
of Annex II, in connection with activities consistent with this JCPOA,
including trade with individuals and entities set forth in Attachments 3 and 4
to Annex II; and
21.3. Remove individuals and entities set out in Attachment 4 to Annex II from the
SON List and/or the FSE List as set forth in Section 4.8.1 of Annex II.
22. Iran will:
22.1. Seek, consistent with the Constitutional roles of the President and
Parliament, ratification of the Additional Protocol.
E.
UNSCR Termination Dav
23. UNSCR (UN Security Council resolution) Termination Day will occur in
accordance with the terms of the UN Security Council resolution endorsing
3
The provisions of this Resolution do not constitute provisions of this JCPOA.
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the JCPOA, which is 10 years from Adoption Day, provided that the
provisions of previous resolutions have not been reinstated.
24. On UNSCR Termination Day, the provisions and measures imposed in that
resolution would terminate and the UN Security Council would no longer be
seized of the Iran nuclear issue.
25. The European Union will:
25.1. Terminate all remaining provisions of Council Regulation (EU) No 267/2012
and Council Decision 2010/413/CFSP.
F.
26.
Other
The terminations described in this Annex
are without prejudice to other
JCPOA commitments that would continue beyond such termination dates.
V
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Annex B: Statement
Statement
China, France, Germany, the Russian Federation, the United Kingdom, the United
States, and the European Union have concluded with Iran a Joint Comprehensive
Plan of Action (JCPOA) to reach a comprehensive, long-term and proper solution to
the Iranian nuclear issue. To improve transparency and create an atmosphere
conducive to the full implementation of the JCPOA, China, France, Germany, the
Russian Federation, the United Kingdom, the United States, and the European
Union have set forth below certain provisions. Their participation in the JCPOA is
contingent upon the United Nations Security Council adopting a new resolution that
would, acting under Article 41 of the UN Charter: terminate resolutions 1696
(2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010), and 2224
(2015); require States to comply with the provisions in this statement for their
respective durations; and facilitate, in cooperation with the Joint Commission
established in the JCPOA, implementation of the JCPOA as provided in paragraphs 2
and 6(a) below.
As provided by a resolution so deciding, the following provisions would apply on
the date on which the IAEA Director General submits a report verifying that Iran
has taken the actions specified in paragraph 15.1-15.11 of Annex V of the JCPOA:
1.
The term "all States" as used in this document, and as incorporated in the
resolution, means "all States without exception."
2. All States may participate in and permit the following activities provided that
approval is provided in advance, on a case-by-case basis, by the Security
Council:
(a)
the supply, sale or transfer directly or indirectly from their
territories, or by their nationals or using their flag vessels or aircraft to,
or for the use in or benefit of, Iran, and whether or not originating in
their territories, of all items, materials, equipment, goods and
technology
set out
in INFCIRC/254/Rev.12/Part
1 and
INFCIRC/254/Rev.9/Part 2 (or the most recent versions of these
documents, as updated by the Security Council), as well as any further
items if the State determines that they could contribute to reprocessing
or enrichment-related or heavy water-related activities inconsistent with
the JCPOA;
(b) the provision to Iran of any technical assistance or training,
financial assistance, investment, brokering or other services, and the
transfer of financial resources or services, related to the supply, sale,
transfer, manufacture or use of the items, materials, equipment, goods
and technology described in subparagraph (a) above; and
(c) acquisition by Iran of an interest in a commercial activity in
another State involving uranium mining or production or use of nuclear
materials and technology as listed in INFCIRC/254/Rev.12/Part 1, and
such investment in territories under their jurisdiction by Iran, its
nationals, and entities incorporated in Iran or subject to its jurisdiction,
or by individuals or entities acting on their behalf or at their direction,
or by entities owned or controlled by them,
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except that approval in advance by the Security Council shall not be required for the
supply, sale, or transfer to Iran of equipment covered by B .1 of
INFCIRC/254/Rev. l 2/Part 1 when such equipment is for light water reactors, low
enriched uranium covered by A.1.2 of INFCIRC/254/Rev.12/Part 1 when it is
incorporated in assembled nuclear fuel elements for such reactors, as well as items,
materials, equipment, goods and technology set out in INFCIRC/254/Rev. 9/Part 2
only when for exclusive use in light water reactors.
For any items, materials, equipment, goods and technology that are approved by the
Security Council pursuant to subparagraph (a) above, or are supplied, sold, or
transferred subject to the exception stated above, States are to ensure that: (a) the
requirements, as appropriate, of the Guidelines as set out in the referenced
INFCIRC have been met; (b) they have obtained and are in a position to exercise
effectively a right to verify the end-use and end-use location of any supplied item;
(c) they notify the Security Council within ten days of the supply, sale or transfer;
and d) in the case of supplied items, materials, equipment, goods and technology
listed in the referenced INFCIRCs, they also notify the IAEA within ten days of the
supply, sale or transfer.
And except also that approval in advance by the Security Council is not required for
the supply, sale, or transfer of items, materials, equipment, goods and technology,
and the provision of any related technical assistance, training, financial assistance,
investment, brokering or other services, that is directly related to the necessary
modification of two cascades at the Fordow facility for stable isotope production,
the export of Iran's enriched uranium in excess of 300 kilograms in return for
natural uranium, and the modernization of the Arak reactor based on the agreed
conceptual design and, subsequently, on the agreed final design of such reactor,
provided that Member States ensure that: (a) all such activities are undertaken
strictly in accordance with the JCPOA; (b) they notify the Security Council and
Joint Commission ten days in advance of such activities; (c) the requirements, as
appropriate, of the Guidelines as set out in the referenced INFCIRC have been met;
(d) they have obtained and are in a position to exercise effectively a right to verify
the end-use and end-use location of any supplied item; and (e) in case of supplied
items, materials, equipment, goods and technology listed in the referenced
INFCIRCs, they also notify the IAEA within ten days of the supply, sale or
transfers.
This paragraph shall apply until the date ten years after JCPOA Adoption Day, as
defined in the JCPOA, except if the IAEA submits a report confirming the Broader
Conclusion before that date, then the requirement to obtain approval in advance by
the Security Council shall be suspended immediately and, beginning on the date of
this suspension, the exceptions provided for in this paragraph shall continue to
apply and all States may participate in and permit the activities set forth in this
paragraph if they notify the Security Council and the Joint Commission at least ten
working days in advance of each such activity on a case-by-case basis.
3.
Iran is called upon not to undertake any activity related to ballistic missiles
designed to be capable of delivering nuclear weapons, including launches
using such ballistic missile technology, until the date eight years after the
JCPOA Adoption Day or until the date on which the IAEA submits a report
confirming the Broader Conclusion, whichever is earlier.
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4. AII States may participate in and permit the activities described below
provided that the Security Council decides in advance on a case-by-case basis
to permit such activity:
(a) the supply, sale or transfer directly or indirectly from their territories, or
by their nationals or using their flag vessels or aircraft to or from Iran, or
for the use in or benefit of Iran, and whether or not originating in their
territories, of all items, materials, equipment, goods and technology set
out in S/2015/546 and of any items, materials, equipment, goods and
technology that the State determines could contribute to the development
of nuclear weapon delivery systems; and
(b) the provision to Iran of any technology or technical assistance or
training, financial assistance, investment, brokering or other services,
and the transfer of financial resources or services, or Iran's acquisition of
an interest in
any commercial activity in
another State, related to the
supply, sale, transfer, manufacture or use of the items, materials,
equipment, goods and technology described in subparagraph a of this
paragraph or related to the activities described in paragraph 3.
provided that in the event of an approval by the Security Council: (a) the contract
for delivery of such items or assistance include appropriate end-user guarantees; and
(b) Iran commit not to use such items for development of nuclear weapon delivery
systems.
This paragraph shall apply until the date eight years after the JCPOA Adoption Day
or until the date on which the IAEA submits a report confirming the Broader
Conclusion, whichever is earlier.
5. All States may participate in and permit, provided that the Security Council
decides in advance on a case-by-case basis to approve: the supply, sale or
transfer directly or indirectly from or through their territories, or by their
nationals or individuals subject to their jurisdiction, or using their flag vessels
or aircraft, and whether or not originating in their territories, to Iran, or for the
use in or benefit of Iran, of any battle tanks, armoured combat vehicles, large
caliber artillery systems, combat aircraft, attack helicopters, warships, missiles
or missile systems, as defined for the purpose of the United Nations Register
of Conventional Arms, or related materiel, including spare parts, and the
provision to Iran by their nationals or from or through their territories of
technical training, financial resources or services, advice, other services or
assistance related to the supply, sale, transfer, manufacture, maintenance, or
use of arms and related materiel described in this subparagraph.
This paragraph shall apply until the date five years after the JCPOA Adoption
Day or until the date on which the IAEA submits a report confirming the
Broader Conclusion, whichever is earlier.
6. All States are to:
(a) Take the necessary measures to ensure that any activities described in
paragraphs 2, 4, and 5 occur on their territories, or involving their
nationals or individuals subject to their jurisdiction, or involving their
flag vessels or aircraft, only pursuant to the relevant terms of those
paragraphs, and also to prevent and prohibit any activities inconsistent
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S/RES/2231 (2015)
with these provisions, until the date ten years after the JCPOA
Adoption Day or until the date on which the IAEA submits a report
confirming the Broader Conclusion, whichever is earlier;
(b) Take the necessary measures to prevent, except as decided otherwise by
the UN Security Council in advance on a case-by-case basis, the
supply, sale, or transfer of arms or related materiel from Iran by their
nationals or using their flag vessels or aircraft, and whether or not
originating in the territory of Iran, until the date five years after the
JCPOA Adoption Day or until the date on which the IAEA submits a
report confirming the Broader Conclusion, whichever is earlier;
(c) For eight years after the JCPOA Adoption Day or until the date on
which the IAEA submits a report confirming the Broader Conclusion,
whichever is earlier, continue to freeze the funds, other financial assets
and economic resources which are on their territories at the date of
adoption of the JCPOA, and freeze the funds, other financial assets and
economic resources which are on their territories at any time thereafter,
that are owned or controlled by the individuals and entities that were
specified on the list established and maintained by the Committee
pursuant to resolution 173 7 (2006) as of the date of adoption of the
new resolution, with the exception of those individuals and entities
specified in Attachment hereto, or that may be de-listed by the Security
Council, and freeze those of additional individuals and entities that
may be designated by the Security Council as: having engaged in,
directly associated with or provided support for Iran's proliferation
sensitive nuclear activities undertaken contrary to Iran's commitments
in the JCPOA or the development of nuclear weapon delivery systems,
including through the involvement in procurement of prohibited items,
goods, equipment, materials and technology specified in this statement;
having assisted designated individuals or entities in evading or acting
inconsistently with the JCPOA or the new resolution; having acted on
behalf or at the direction of designated individuals or entities; or
having been owned or controlled by designated individuals or entities,
including through illicit means.
(d) For eight years from the JCPOA Adoption Day or until the date on
which the IAEA submits a report confirming the Broader Conclusion,
whichever is earlier, ensure that any funds, financial assets or economic
resources are prevented from being made available by their nationals or
by any individuals or entities within their territories, to or for the
benefit of designated individuals or entities. These requirements shall
not apply to funds, other financial assets or economic resources that
have been determined by relevant States:
i. To be necessary for basic expenses, including payment for
foodstuffs, rent or mortgage, medicines and medical treatment,
taxes, insurance premiums, and public utility charges or
exclusively for payment of reasonable professional fees and
reimbursement of incurred expenses associated with the provision
of legal services, or fees or service charges, in accordance with
national laws, for routine holding or maintenance of frozen funds,
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S/RES/2231 (2015)
other financial assets and economic resources, after notification
by the relevant States to the Security Council of the intention to
authorize, where appropriate, access to such funds, other financial
assets or economic resources and in the absence of a negative
decision by the Security Council within five working days of such
notification;
ii. To be necessary for extraordinary expenses, provided that such
determination has been notified by the relevant States to the
Security Council and has been approved by the Security Council;
iii. To be necessary for the civil nuclear cooperation projects
described in Annex III of the JCPOA, provided that such
determination has been notified by the relevant States to the
Security Council and has been approved by the Security Council;
iv. To be the subject of a judicial, administrative or arbitral lien or
judgment, in which case the funds, other financial assets and
economic resources may be used to satisfy that lien or judgment
provided that the lien or judgment was entered into prior to the
date of Security Council resolution 1737 (2006), is not for the
benefit of a person or entity subject to the measures in this
paragraph, and has been notified by the relevant States to the
Security Council; or
v. To be necessary for activities directly related to the items
specified in paragraph 2, or to any other activity required for the
implementation of the JCPOA, provided that such determination
has been notified by the relevant States to the Security Council
and has been approved by the Security Council.
In addition, this provision shall not prevent a designated
individual or entity from making payment due under a contract
entered into prior to the listing of such individual or entity,
provided that the relevant States have determined that the contract
is not related to any of the prohibited items, materials, equipment,
goods, technologies, assistance, training, financial assistance,
investment, brokering or services referred to in this statement; the
payment is not directly or indirectly received by an individual or
entity subject to the measures in this paragraph; and after
notification by the relevant States to the Security Council of the
intention to make or receive such payments or to authorize, where
appropriate, the unfreezing of funds, other financial assets or
economic resources for this purpose, ten working days prior to
such authorization.
In addition, States may permit the addition to the accounts frozen
pursuant to this paragraph of interest or other earnings due on
those accounts or payments due under contracts, agreements or
obligations that arose prior to the date on which those accounts
were frozen, provided that such interest, other earnings and
payments continue to be subject to these measures and are frozen;
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S/RES/2231 (2015)
(e) For five years from the JCPOA Adoption Day or until the date on which
the IAEA submits a report confirming the Broader Conclusion,
whichever is earlier, take the necessary measures to prevent the entry
into or transit through their territories of individuals described in
paragraphs 6(c) above, although underlining that nothing in this
paragraph shall oblige a State to refuse its own nationals entry into its
territory. The measures imposed in this paragraph shall not apply when
the Security Council determines on a case-by-case basis that such travel
is justified on the grounds of humanitarian need, including religious
obligations, or where the Security Council concludes that an exemption
would otherwise further the objectives of the new resolution, including
where Article XV of the IAEA statute is engaged;
(f) Take the required actions, in accordance with the resolution and
guidance provided by the Security Council, with respect to items the
supply, sale, transfer, or export of which is being undertaken contrary to
the provisions contained in the JCPOA or this statement, and cooperate
in such efforts.
7. All States are called upon to facilitate full implementation of the JCPOA by
inspecting, in accordance with their national authorities and legislation and
consistent with international law, in particular the law of the sea and relevant
international civil aviation agreements, all cargo to and from Iran, in their
territory, including seaports and airports, if the State concerned has
information that provides reasonable grounds to believe that the cargo contains
items the supply, sale, transfer, or export of which is being undertaken
contrary to the provisions contained in the JCPOA or this statement; and are
called upon also to cooperate in inspections on the high seas with the consent
of the flag State, if there is information that provides reasonable grounds to
believe the vessel is carrying items the supply, sale, transfer or export of which
is being undertaken contrary to the provisions contained in the JCPOA or this
statement.
China, France, Germany, the Russian Federation, the United Kingdom, the United
States and the European Union note their understanding that, upon adoption of a
resolution endorsing the JCPOA, the Security Council would make the practical
arrangements to undertake directly the tasks specified in this statement, including to
monitor and take action to support the implementation by Member States of these
provisions, review proposals described in paragraph 2 of this statement, answer
inquiries from Member States, provide guidance, and examine information
regarding alleged actions inconsistent with the resolution. Furthermore, these states
propose that the Security Council ask the Secretary-General to report to the Security
Council on the implementation of these provisions every six months.
The duration of the provisions in this statement may be reviewed by the Joint
Commission at the request of any participant at its biannual ministerial-level
meetings, at which time the Joint Commission could make recommendations by
consensus to the Security Council.
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S/RES/2231 (2015)
ATTACHMENT
1. AGHA-JANI, Dawood
2. ALAI, Amir Moayyed
3. ASGARPOUR, Behman
4. ASHIANI, Mohammad Fedai
5. ASHTIANI, Abbas Rezaee
6. ATOMIC ENERGY ORGANISATION OF IRAN (AEOI)
7. BAKHTIAR, Haleh
8. BEHZAD, Morteza
9. ESFAHAN NUCLEAR FUEL RESEARCH AND PRODUCTION CENTRE
(NFRPC) AND ESFAHAN NUCLEAR TECHNOLOGY CENTRE (ENTC)
10. FIRST EAST EXPORT BANK, P.L.C.:
11. HOSSEINI, Seyyed Hussein
12. IRANO HIND SHIPPING COMPANY
13. IRISL BENELUX NV
14. JABBER IBN HAYAN
15. KARAJ NUCLEAR RESEARCH CENTRE
16. KAVOSHYAR COMPANY
17. LEILABADI, Ali Hajinia
18. MESBAH ENERGY COMPANY
19. MODERN INDUSTRIES TECHNIQUE COMPANY
20. MOHAJERANI, Hamid-Reza
21. MOHAMMADI, Jafar
22. MONAJEMI, Ehsan
23. NOB ARI, Houshang
24. NOVIN ENERGY COMPANY
25. NUCLEAR RESEARCH CENTER FOR AGRICULTURE AND MEDICINE
26. PARS TRASH COMPANY
27. PISHGAM (PIONEER) ENERGY INDUSTRIES
28. QANNADI, Mohammad
29. RAHIMI, Amir
30. RAHIQI, Javad
31. RASHIDI, Abbas
32. SABET, M. Javad Karimi
33. SAFDARI, Seyed Jaber
34. SOLEY MANI, Ghasem
35. SOUTH SHIPPING LINE IRAN (SSL)
36. TAMAS COMPANY
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Annex 11
IAEA, Report by the Director General, “Verification and Monitoring in the Islamic
Republic of Iran in light of United Nations Security Council Resolution 2231 (2015),
16 January 2016, GOV/INF/2016/1

- 193 -

- 194 -

(6
Derestricted 19 January 2016
{/ IAEA
(This document has been derestricted at the meeting of the Board on 19 January 2016)
Atoms for Peace
Board of Governors
GOV/INF/2016/1
Date: 16 January 2016
Original: English
For official use only
Verification and Monitoring in the Islamic
Republic of Iran in light of United Nations
Security Council Resolution 2231 (2015)
Report by the Director General
I. The Board of Governors has authorized the Director General to implement the necessary
verification and monitoring of the Islamic Republic of Iran's (Iran's) nuclear-related commitments as
set out in the Joint Comprehensive Plan of Action (JCPOA), and report accordingly, for the full
duration of those commitments in light of United Nations Security Council (Security Council)
resolution 2231 02015)'
2. This report to the Board of Governors and in parallel to the Security Council is to confirm that
the Agency has verified that Iran has taken the actions specified in paragraphs 15.1-15.11 of Annex V
of the JCPOA.
3. The Agency has verified and confirms that, as of I6 January 2016, Iran:
Arak Heavy Water Research Reactor (15.1)
1.
was not pursuing the construction of the existing IR-40 Reactor (Arak Heavy Water Research
Reactor) based on its original design (JCPOA, Annex I -Nuclear-related measures, para.3);
11.
had removed the existing calandria from the IR-40 Reactor (para.3);
111.
had rendered the calandria inoperable by filling the openings in it with concrete, such that the
Agency was able to verify that the calandria is not usable for a future nuclear application
(para. 3);
iv. was not producing or testing natural uranium pellets, fuel pins or fuel assemblies specifically
designed for the support of the IR-40 Reactor as originally designed (para. 10);
'Gov/2015/53.
security Council Resolution 2231 (2015), para. 5.
This numbering corresponds to the paragraphs of Annex V of the JCPOA.
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GOV/INF/2016/1
Page2
v.
had stored under continuous Agency monitoring all existing natural uranium pellets and fuel
assemblies for the IR-40 Reactor (para. 10);
v1. had modified the fuel production process line at the Fuel Manufacturing Plant at Esfahan such
that it cannot be used for the fabrication of fuel for the IR-40 Reactor as originally designed
(para. 10);
Heavy Water Production Plant (15.2)
1.
had no more than 130 metric tonnes of nuclear grade heavy water or its equivalent in different
enrichments (para. 14);
11. had informed the Agency about the inventory and the production of the Heavy Water
Production Plant (HWPP) and was allowing the Agency to monitor the quantities of Iran's
heavy water stocks and the amount of heavy water produced at the HWPP (para. 15);
Enrichment Capacity (15.3)
1.
had no more than 5060 IR-I centrifuges installed at the Fuel Enrichment Plant (FEP) at Natanz
in no more than 30 of the cascades in the configurations of the operating units at the time the
JCPOA was agreed (para. 27);
11. was not enriching uranium above 3.67% U-235 (para. 28) at any of its declared nuclear
facilities;
111.
had removed and stored in Hall B of FEP, under Agency continuous monitoring, all excess
centrifuges and infrastructure not associated with the 5060 IR-1 centrifuges in FEP (para. 29),
including all IR-2m centrifuges (para. 29.1), UF, pipework, and UF, withdrawal equipment
from one of the withdrawal stations that was not in service at the time the JCPOA was agreed
(para. 29.2);
Centrifuge Research and Development (15.4)
1.
was not accumulating enriched uranium through its enrichment research and development
(R&D) activities and its enrichment R&D with uranium was not being conducted using
centrifuges other than IR-4, IR-5, IR-6 and IR-8 centrifuges (para. 32);
11. was not conducting mechanical testing on more than two single centrifuges of type IR-2m, IR-4,
IR-5, IR-6, IR-6s, IR-7 and IR-8 (para. 32);
111. was not building or testing, with or without uranium, types of centrifuge other than those
specified in the JCPOA (para. 32);
1v. had removed all of the centrifuges from the 164-machine IR-2m cascade and the 164-machine
IR-4 cascade at PFEP and placed them in storage in Hall B of FEP in Natanz under Agency
continuous monitoring (paras 33 and 34);
v. was testing centrifuges installed at PFEP within the limits set out in the JCPOA i.e. a single
IR-4 machine (para. 35), a IO-machine IR-4 cascade (para. 35), a single IR-5 machine
(para. 36), a single IR-6 machine and its intermediate cascades (para. 37);
vI. had yet to start testing its single IR-8 centrifuge (para. 38);
4
As ofl6 January 2016, Iran was not enriching UF 6 at FEP.
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GOV/INF/2016/1
Page 3
v11. had recombined the streams from the R&D cascades at PFEP through the use of welded
pipework in a manner that precludes the withdrawal of the enriched and depleted uranium
material produced (para. 39);
v111. was, in relation to its declared nuclear facilities, testing centrifuges using uranium only at PFEP
and conducting all mechanical testing of centrifuges only at PFEP and the Tehran Research
Centre (para. 40);
Ix. had removed to Hall B of FEP in Natanz under Agency continuous monitoring all centrifuges at
PFEP, except those needed for testing as described in the relevant paragraphs above, and those
in Cascade 1 at PFEP; had rendered inoperable Cascade 1 by, inter alia, removing the rotors,
injecting epoxy resin into the pipework and removing the electrical systems (para. 41);
x.
had stored all the IR-1 centrifuges previously installed in Cascade 6 at PFEP, and their
associated infrastructure, in Hall B of FEP in Natanz under Agency continuous monitoring
(para. 41); and was keeping the space in this line empty for R&D (para. 41);
x1. was maintaining the cascade infrastructure for testing single centrifuges and small and
intermediate cascades in two R&D lines (nos. 2 and 3); and had adapted two other R&D lines
(nos. 4 and 5) through the requisite removal of existing infrastructure (para. 42);
Fordow Fuel Enrichment Plant (15.5)
1.
was not conducting any uranium enrichment or related R&D at the Fordow Fuel Enrichment
Plant (FFEP) (para. 45);
11. had removed all nuclear material from FFEP (para. 45);
111. was maintaining no more than 1044 IR-I centrifuges at FFEP, which were all in one wing
(para. 46);
1v. had modified for the production of stable isotopes two of the cascades at FFEP that had never
experienced UF 6 by removing the connection to the UF 6 feed main header; and had moved
cascade UF, pipework to storage in Fordow under continuous Agency monitoring (para. 46.I);
v. was maintaining two cascades in an idle state and two cascades spinning, and had removed
pipework that enables crossover tandem connections for these four cascades (para. 46.2);
vI. had removed from the aforementioned wing two other cascades by removing the IR-1
centrifuges and associated cascade UF, pipework (para. 47.1);
v11. had removed from the other wing of FFEP all IR-1 centrifuges and related uranium enrichment
infrastructure, including pipework, and feed and withdrawal stations (para. 48.1);
Other Aspects of Enrichment (15.6)
1.
had provided the Agency with Iran's long-term enrichment and R&D
enrichment plan which is
to be part of Iran's initial declaration described in Article 2 of the Additional Protocol
(para. 52);
11. had provided the Agency with a template for describing different centrifuge types (IR-1, IR-2m,
IR-4, IR-5, IR-6, IR-6s, IR-7, IR-8) and associated definitions that have been agreed with
JCPOA participants (para. 54);
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GOV/INF/2016/1
Page4
111.
had agreed with the JCPOA participants a procedure for measuring IR-1, IR-2m and IR-4
centrifuge performance data (para. 55);
Uranium Stocks and Fuels (15.7)
i.
had a stockpile of no more than 300 kg of UF, enriched up to 3.67% U--235 (or the equivalent
in different chemical forms), as a result of either downblending to natural uranium, or sale and
delivery out oflran (para. 57);
11.
had fabricated into fuel plates for the Tehran Research Reactor,'transferred out of Iran or
diluted to an enrichment level of 3.67% U-235 or less, all uranium oxide enriched to between
5% and 20% U-235 (para. 58);
Centrifuge Manufacturing (15.8)
1.
was not producing IR-1 centrifuges to replace damaged or failed machines, as its stock of such
centrifuges was in excess of 500 (para. 62);
Transparency Measures (15.9)
1.
had completed the modalities and facility-specific arrangements to allow the Agency to
implement all transparency measures provided for in Annex I of the JCPOA (see para. 4 below);
Additional Protocol and Modified Code 3.1 (15.10)
1.
had notified the Agency pursuant to paragraph 64, Section L of Annex I of the JCPOA that,
effective on Implementation Day, Iran will provisionally apply the Additional Protocol to its
Safeguards Agreement in accordance with Article l 7(b) of the Additional Protocol (para. 64);
11.
had notified the Agency pursuant to paragraph 65, Section L of Annex I of the JCPOA that,
effective on Implementation Day, Iran will fully implement the modified Code 3 .1 of the
Subsidiary Arrangements to Iran's Safeguards Agreement as long as the Safeguards Agreement
remains in force (para. 65);
Centrifuge Component Manufacturing Transparency (15.11)
1.
had provided to the Agency an initial inventory of all existing centrifuge rotor tubes and bellows
and permitted the Agency to verify this inventory by item counting and numbering, and through
containment and surveillance (para. 80.1); and
11.
had declared to the Agency all locations and equipment that are used for the production of
centrifuge rotor tubes or bellows and permitted the Agency to implement continuous monitoring
of this equipment (para. 80.2).
4. In addition, the Agency also confirms that, as of 16 January 2016, Iran:
Modern Technologies and Long-Term Presence of the Agency
a)
had permitted the Agency to use on-line enrichment measurement devices and electronic
seals which communicate their status within nuclear sites to Agency inspectors
(para. 67. l);
5
As of 16 January 2016, all fuel assemblies and fuel plates fabricated for use in the Tehran Research Reactor had been
irradiated.
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GOV/INF/2016/1
Page 5
b) had facilitated the automated collection of Agency measurement recordings registered by
installed measurement devices (para. 67 .1 );
c) had made the necessary arrangements to allow for a long-term Agency presence, including
issuing long-term visas, as well as by providing proper working space for the Agency at
nuclear sites and, with best efforts, at locations near nuclear sites in Iran (para. 67.2);
Transparency Related to Uranium Ore Concentrate
a) had permitted the Agency to monitor through measures agreed with Iran, including
containment and surveillance, that all uranium ore concentrate (UOC) produced in Iran or
obtained from any other source is transferred to the Uranium Conversion Facility in
Esfahan (para. 68);
b) had provided the Agency with all information necessary to enable the Agency to verify the
production of UOC and the inventory of UOC produced in Iran or obtained from any other
source (para. 69); and
Transparency Related to Enrichment
a) had permitted the Agency to have regular access to relevant buildings at Natanz, including
all of FEP and PFEP, and daily access upon request (para. 71).

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Annex 12
EU, Statement by the Joint Commission of the Joint Comprehensive Plan of Action,
6 July 2018

- 201 -

- 202 -

k 4
EEAS
*
*
SEAE
European External Action Service
*
*
Service europeen pour l'action ext~rieure
Vienna, 6 July 2018
06/07/2018 -13:56
Joint Statements
Statement from the Joint Commission of the
Joint Comprehensive Plan of Action
l.Upon the request of the Islamic Republic of Iran, a meeting of the Joint Commission of the Joint
Comprehensive Plan of Action (JCPOA) was held on 6 July in Vienna at ministerial level. The Joint
Commission met to discuss the way forward to ensure the continued implementation of the nuclear
deal in all its aspects and review unresolved issues arising from the unilateral withdrawal of the
United States from the agreement and the announced re-imposition of sanctions lifted under the
JCPOA and its Annex II, which they deeply regret.
2.The Joint Commission is responsible for overseeing the implementation of the JCPOA.
3.The Joint Commission was chaired by EU High Representative Federica Mogherini and was attended
by Foreign Minister and State Councillor of the People's Republic of China Wang Yi, Minister of Europe
and Foreign Affairs of the French Republic Jean-Yves Le Drian, Minister of Foreign Affairs of the
Federal Republic of Germany Heiko Maas, Minister of Foreign Affairs of the Russian Federation Sergey
Lavrov, Minister of State for the Middle East at the Foreign and Commonwealth Office of the United
KingdomAlistair Burt, as well as Minister of Foreign Affairs of the Islamic Republic of Iran Mohammad
Javad Zarif.
4.The participants in the JCPOA reconfirmed their commitment to the full and effective
implementation of the nuclear deal. They recalled that the JCPOA is a key element of the global non
proliferation architecture and a significantachievement of multilateral diplomacy endorsed
unanimously by the UN Security Council through Resolution 2231. The participants welcomed the
11th report by the International Atomic Energy Agency of 24 May confirming that Iran is abiding by its
nuclear-related commitments.
5.AII participants reiterated the need to continue the full and effective implementation of all nuclear
related commitments. They welcomed steady progress made on the modernisation of the Arak
research reactor and took note with satisfaction that the United Kingdom will take over the function of
co-chair of the Arak Working Group. Participants will continue to support the modernisation of the
Arak research reactor as part of the JCPOA and the conversion of the Fordow facility in a nuclear,
physics and technology centre. Participants also welcomed the significant projects in the area of civil
nuclear co-operation carried out on the basis of Annex Ill of the JCPOA.
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6.The participants recognised that, in return for the implementation by Iran of its nuclear-related
commitments,the lifting of sanctions, including the economic dividends arising from it, constitutes an
essential part of the JCPOA.They also noted that economic operators pursuing legitimate business
with Iran have been acting in good faith based on the commitments contained in the JCPOA and
endorsed at the highest level by the UN Security Council.
7 .The participants discussed their recent efforts aimed at providing practical solutions in order to
maintain the normalisation of trade and economic relations with Iran. They welcomed the extensive
work undertaken to-date, the intensification of technical dialogues and the mobilisation of
considerable resources by all.
8.The participants affirmed their commitment regarding the following objectives in good faith and in a
constructive atmosphere:
- the maintenance and promotion of wider economic and sectoral relations with Iran;
- the preservation and maintenance of effective financial channels with Iran;
- the continuation of Iran's export of oil and gas condensate,petroleum products and petrochemicals;
- the continuation of sea (including shipping and insurance), land, air and rail transportation relations;
- the promotion of export credit cover;
- clear and effective support for economic operators trading with Iran, particularly small and medium
sized enterprises which are the backbone of many economies;
- the encouragement of further investments in Iran;
- the protection of economic operators for their investment and other commercial and financial
activities in or in relation to Iran;
- the bringing together of private and public sector experts, including through the promotion of
Business Councils;
- the practical support for trade with and investment in Iran;
- the protection of companies from the extraterritorial effects of US sanctions.
The participants noted that the EU is in the process of updating the EU "Blocking Statute" in order to
protect EU Member States' companies and of updating the European Investment Bank's external
lending mandate to cover Iran.
The participants will work on the above issues through direct bilateral efforts and through
engagement with international partners in order to encourage them to follow the same policies and to
establish similar mechanisms in their economic relations with Iran.
9.The participants recalled that these initiatives are aimed at preserving the nuclear deal which is in
the security interest of all.
10. Participants agreed to keep progress under close review and to reconvene the Joint Commission,
including at Ministerial level, as appropriate in order to advance common efforts. The participants
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stressed their determination to effectively develop and implement practical solutions concerning the
above.
Press contacts
Press Contacts:
Maja KOCIJANCIC
Maia KOCI)ANCIC
Spokesperson for Foreign Affairs and Security Policy/European Neighbourhood Policy and Enlargement
Negotiations
+32 (0)2 29 86570
+32 (0)498 984 425
Adam KAZNOWSKI
Adam KAZNOWSKI
Press Officer for Foreign Affairs and Security Policy
+32 (0) 2 29 89359
+32 (0)460 768 088
Lauranne DEVILLE
lauranne DEVILLE
EEAS Press Officer
+32 (0)2 29 80833
+32 (0)460 758 775
www.eeas.europa.eu
Source URL:
http://eueu ro paeeas. f pfis. sl b .ec. eu ro pa. eu: 8084/headqu arters/headqua rte rs-homepage/ 480 76/statem
e nt -joint -comm issio n-joi nt-c om pre hens ive-plan-action_en

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Annex 13
IAEA, Report by the Director General, “Verification and monitoring in the Islamic
Republic of Iran in light of United Nations Security Council resolution 2231 (2015)”,
12 November 2018, GOV/2018/47

- 207 -

- 208 -

Derestricted 22 November 2018
(6)
(This document has been derestricted at the meeting of the Board on 22 November 2018)
A<JAEA
Atoms for Peace and Development
Board of Governors
GOV/2018/47
Date: 12 November 2018
Original: English
For official use only
Item 4 of the provisional agenda
(GOV/2018/46)
Verification and monitoring in the Islamic
Republic of Iran in light of United Nations
Security Council resolution 2231 (2015)
Report by the Director General
A. Introduction
I. This report of the Director General to the Board of Governors and, in parallel, to the United
Nations Security Council (Security Council), is on the Islamic Republic of Iran's (Iran's)
implementation of its nuclear-related commitments under the Joint Comprehensive Plan of Action
(JCPOA) and on matters related to verification and monitoring in Iran in light of Security Council
resolution 2231 (2015). It also provides information on financial matters, and the Agency's consultations
and exchanges of information with the Joint Commission, established by the JCPOA.
B. Background
2.
On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom, the
United States of America,
1
with the High Representative of the European Union for Foreign Affairs and
Security Policy (E3/EU+3) and Iran agreed on the JCPOA. On 20 July 2015, the Security Council
adopted resolution 2231 (2015), in which, inter alia, it requested the Director General to "undertake the
necessary verification and monitoring of Iran's nuclear-related commitments for the full duration of
those commitments under the JCPOA" (GOV/2015/53 and Corr. 1, para. 8). In August 2015, the Board
of Governors authorized the Director General to implement the necessary verification and monitoring
of Iran's nuclear-related commitments as set out in the JCPOA, and report accordingly, for the full
' On 8May 2018, the President of the United States of America, Donald Trump, announced that the "United States will
withdraw from the Iran nuclear deal", 'Remarks by President Trump on the Joint Comprehensive Plan of Action', at:
https://www.whitehouse.gov/briefings-statements/remarks-president-trump….
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GOV/2018/47
Page2
duration of those commitments in light of Security Council resolution 2231 (2015), subject to the
availability of funds and consistent with the Agency's standard safeguards practices. The Board of
Governors also authorized the Agency to consult and exchange information with the Joint Commission,
as set out in GOV/2015/53 and Corr. 1.
3. In December 2016 and January 2017, the Director General shared with Member States nine
documents, developed and endorsed by all participants of the Joint Commission, providing
clarifications for the implementation of Iran's nuclear-related measures as set out in the JCPOA for its
duration.
4. The estimated cost to the Agency for the implementation of Iran's Additional Protocol and for
verifying and monitoring Iran's nuclear-related commitments as set out in the JCPOA is €9.2 million
per annum. For 2018, extrabudgetary funding is necessary for €5.1 million of the €9.2 million.
As of
12 November 2018, €8.2 million of extrabudgetary funding was available to meet the cost of
JCPOA-related activities for 2018 and beyond.
4
C. JCPOA Verification and Monitoring Activities
5.
Since 16 January 2016 (JCPOA Implementation Day), the Agency has verified and monitored
Iran's implementation of its nuclear-related commitments in accordance with the modalities set out in
the JCPOA,
5
consistent with the Agency's standard safeguards practices, and in an impartial and
6•7
objective manner.
The Agency reports the following for the period since the issuance of the Director
General's previous quarterly report.
8
C.1. Activities Related to Heavy Water and Reprocessing
6. Iran has not pursued the construction of the Arak heavy water research reactor (IR-40 Reactor)
based on its original design."" Iran has not produced or tested natural uranium pellets, fuel pins or fuel
assemblies specifically designed for the support of the IR-40 Reactor as originally designed, and all
existing natural uranium pellets and fuel assemblies have remained in storage under continuous Agency
monitoring (paras 3 and 10).'
2
Reproduced in INFCIRC/907 and INFCIRC/907/Add.1.
3
GOV/2017/10, para. 3.
4
The cost of the provisional application oflran's Additional Protocol (€3.0 million) and C1.1 million of the €2.2 million for
the inspector costs related to the verification and monitoring oflran's nuclear-related commitments as set out in the JCPOA
are being met from the regular budget (GC(60)/2).
5
Including the clarifications referred to in para. 3 of this report.
6
GOV/2016/8, para. 6.
7
Note by the Secretariat, 2016/Note 5.
8
GOV/2018/24.
9
The calandria was removed from the reactor and rendered inoperable during preparation for Implementation Day and has
been retained in Iran (GOV/INF/2016/1, Arak heavy water research reactor, paras 3(ii) and 3(iii)).
10
As indicated previously (GOV/2017/24, footnote 10), Iran has changed the name of the facility to the Khondab Heavy Water
Research Reactor.
The paragraph references in parentheses throughout Sections C and D of this report correspond to the paragraphs of 'Annex I
- Nuclear-related measures' of the JCPOA.
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Page 3
7. Iran has continued to inform the Agency about the inventory of heavy water in Iran and the
production of heavy water at the Heavy Water Production Plant (HWPP)' and allowed the Agency to
monitor the quantities of Iran's heavy water stocks and the amount of heavy water produced at the
HWPP (para. 15). On 3 November 2018, the Agency verified that the plant was in operation and that
Iran's stock of heavy water was 122.8 metric tonnes.
Throughout the reporting period, Iran had no
more than 130 metric tonnes of heavy water (para. 14).
13
8. Iran has not carried out activities related to reprocessing at the Tehran Research Reactor (TRR)
and the Molybdenum, Iodine and Xenon Radioisotope Production (MIX) Facility or at any of the other
facilities it has declared to the Agency (paras 18 and 21).'
C.2. Activities Related to Enrichment and Fuel
9.
At the Fuel Enrichment Plant (FEP) at Natanz, there have been no more than 5060 IR-1
centrifuges installed in 30 cascades, which remain in the configurations in the operating units at the time
the JCPOA was agreed (para. 27). Iran has withdrawn 33 IR-1 centrifuges from those held in storage'
for the replacement of damaged or failed IR-1 centrifuges installed at FEP (para. 29 .1 ).
10. Iran has continued the enrichment of UF, at FEP.' Iran has not enriched uranium above 3.67%
U-235 (para. 28).
11. Throughout the reporting period, Iran's total enriched uranium stockpile has not exceeded 300 kg
of UF, enriched up to
3.67% U-235 (or the equivalent in different chemical forms) (para. 56). The
quantity of 300 kg of UF« corresponds to 202.8 kg of uranium.'
12. As of 4 November 2018, the quantity of Iran's uranium enriched up to 3.67% U-235 was
149.4 kg," based on the JCPOA and decisions of the Joint Commission.
19
13. At the Fordow Fuel Enrichment Plant (FFEP), no more than 1044 IR-1 centrifuges have been
maintained in one wing (Unit 2) of the facility (para. 46). On 6 November 2018, the Agency verified
that 1020 IR-1 centrifuges were installed in six cascades. On the same date, the Agency also verified
that two IR-I centrifuges were installed in a layout of 16 IR-I centrifuge positions" and one IR-I
HWPP is a facility for the production of heavy water which, according to the design information provided by Iran to the
Agency on 25 January 2016, has a nominal capacity of 16 tonnes of nuclear-grade heavy water per year and an actual capacity
of "about 20 tonnes" of nuclear-grade heavy water per year. Iran informed the Agency, in a letter dated 18 June 2017, that the
"maximum annual capacity of the Heavy Water Production Plant (HWPP) is 20 Tons".
13
On 3 November 2018, the Agency confirmed that, since the Director General's previous report, 1.7 metric tonnes of heavy
water had been shipped out of Iran and Iran had used 1.5 metric tonnes of heavy water for research and development (R&D)
activities related to the production of deuterated compounds for medical applications. These R&D activities were conducted
under continuous monitoring by the Agency.
14
Including hot cells at TRR and the MIX facility and shielded cells, referred to in the decision of the Joint Commission of
14 January 2016 (INFCIRC/907).
I5
Para. 14 of this report.
I
Under the JCPOA, [f]or I5 years the Natanz enrichment site will be the sole location for all of Iran's uranium enrichment
related activities including safeguarded R&D" (para. 72).
7
Considering the standard atomic weight of uranium and fluorine.
I8
Comprising 125.4 kg of uranium in the form of UFs; 16.6 kg of uranium in the form of uranium oxides and their intermediate
products; 4.3 kg of uranium in fuel assemblies and rods; and 3.1 kg of uranium in liquid and solid scrap.
9
Decisions of the Joint Commission of 6 January 2016 and 18 December 2016 (INFCIRC/907), and 10 January 2017
(INFCIRC/907/Add. l).
30
GOV/2017/48, footnote 20.
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Page4
centrifuge was installed in a single position,2
1
for the purpose of conducting "initial research and R&D
activities related to stable isotope production°322 Throughout the reporting period, Iran has not
conducted any uranium enrichment or related research and development (R&D) activities, and there has
not been any nuclear material at the plant (para. 45).
14. All centrifuges and associated infrastructure in storage have remained under continuous Agency
monitoring (paras 29, 47, 48 and 70) The Agency has continued to have regular access to relevant
buildings at Natanz, including all of FEP and the Pilot Fuel Enrichment Plant (PFEP), and performed
daily access upon Agency request (para. 71). The Agency has also continued to have regular access to
FFEP, including daily access upon Agency request (para. 51).
15. Iran has conducted its enrichment activities in line with its long-term enrichment and R&D
enrichment plan, as provided to the Agency on 16 January 2016 (para. 52).
16. On 11 November 2018, the Agency verified that all irradiated TRR fuel elements in Iran have a
measured dose rate of no less than 1 rem/hour (at one metre in air).
17. Iran has not operated any of its declared facilities for the purpose of re-converting fuel plates or
scrap into UF 6, nor has it informed the Agency that it has built any new facilities for such a purpose
(para. 58).
C.3. Centrifuge Research & Development, Manufacturing and Inventory
18. No enriched uranium has been accumulated through enrichment R&D activities, and Iran's
enrichment R&D with and without uranium has been conducted using centrifuges within the limits
defined in the JCPOA (paras 32-42).
19. Iran has provided declarations to the Agency of its production and inventory of centrifuge rotor
tubes and bellows and permitted the Agency to verify the items in the inventory (para. 80 .1). The Agency
has conducted continuous monitoring, including through the use of containment and surveillance
measures, and verified that the declared equipment has been used for the production of rotor tubes and
bellows to manufacture centrifuges only for the activities specified in the JCPOA (para. 80.2). Iran has
not produced any IR-1 centrifuges to replace those that have been damaged or failed (para. 62).
20. AII declared rotor tubes, bellows and rotor assemblies have been under continuous monitoring by
the Agency, including those rotor tubes and bellows manufactured since Implementation Day (para. 70).
Iran has manufactured rotor tubes using carbon fibre that has been sampled and tested by the Agency,
all of which has been subject to Agency containment and surveillance measures.2
5
·
26
D. Transparency Measures
21. Iran has continued to permit the Agency to use on-line enrichment monitors and electronic seals
which communicate their status within nuclear sites to Agency inspectors, and to facilitate the automated
21
On 29 January 2018, Iran provided the Agency with updated design information for FFEP, which included a temporary setup
for a single IR- I centrifuge position for "separation of stable isotopes" in Unit 2.
22 6OV/2016/46, para. 12.
23
On 6 November 2018, 21 IR- I centrifuges were not installed and were stored within the facility under Agency monitoring.
24GOV/2016/46, footnote 15.
5
Decision of the Joint Commission of 14 January 2016 (INFCIRC/907).
36
GOV/2016/46, para. 18.
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Page 5
collection of Agency measurement recordings registered by installed measurement devices (para. 67.1).
Iran has issued long-term visas to Agency inspectors designated for Iran as requested by the Agency,
provided proper working space for the Agency at nuclear sites and facilitated the use of working space
at locations near nuclear sites in Iran (para. 67.2)
22. Iran has continued to permit the Agency to monitor -through measures agreed with Iran,
including containment and surveillance measures -that all uranium ore concentrate (UOC) produced in
Iran or obtained from any other source is transferred to the Uranium Conversion Facility (UCF) at
Esfahan (para. 68). Iran also provided the Agency with all information necessary to enable the Agency
to verify the production of UOC and the inventory ofUOC produced in Iran or obtained from any other
source (para. 69).
E. Other Relevant Information
23. Iran continues to provisionally apply the Additional Protocol to its Safeguards Agreement in
accordance with Article 17 (b) of the Additional Protocol, pending its entry into force. The Agency has
continued to evaluate Iran's declarations under the Additional Protocol, and has conducted
complementary accesses under the Additional Protocol to all the sites and locations in Iran which it
needed to visit. Timely and proactive cooperation by Iran in providing such access facilitates
implementation of the Additional Protocol and enhances confidence.
24. The Agency's verification and monitoring of Iran's other JCPOA nuclear-related commitments
continues, including those set out in Sections D, E, Sand T of Annex I of the JCPOA.
25. During this reporting period, the Agency attended one meeting of the Procurement Working
Group of the Joint Commission (JCPOA, Annex IV -Joint Commission, para. 6.4.6).
F. Summary
26. The Agency continues to verify the non-diversion of declared nuclear material at the nuclear
facilities and locations outside facilities where nuclear material is customarily used (LOFs) declared by
Iran under its Safeguards Agreement. Evaluations regarding the absence of undeclared nuclear material
and activities for Iran remained ongoing.
27. Since Implementation Day, the Agency has been verifying and monitoring the implementation by
Iran of its nuclear-related commitments under the JCPOA.
28. The Director General will continue to report as appropriate.

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Annex 14
EU, “Chair's statement following the 25 May 2018 meeting of the Joint Commission of
the JCPOA”, Press release, 25 May 2018

- 215 -

- 216 -

k 4
EEAS
*
*
SEAE
European External Action Service
*
*
Service europeen pour l'action ext~rieure
Vienna
25/05/2018 - 18:25
Press releases
Chair's statement following the 25 May 2018
meeting of the Joint Commission of the Joint
Comprehensive Plan of Action
Chair's statement following the 25 May 2018 meeting of the Joint Commission of the Joint
Comprehensive Plan of Action
A meeting of the Joint Commission of the Joint Comprehensive Plan of Action (JCPOA) took place in
Vienna on 25 May 2018 upon the request of the Islamic Republic of Iran in order to review the
implications of the withdrawal of the United States from the JCPOA and discuss the way forward to
ensure the continued implementation of the deal in all its aspects.
Under the terms of the JCPOA, the Joint Commission is responsible for overseeing the implementation
of the nuclear deal.
The Joint Commission was chaired, on behalf of EU High Representative Federica Mogherini, by EEAS
Secretary General Helga Schmid and, following the withdrawal of the United States of America from
the JCPOA, was attended by the E3+2 (China, France, Germany, Russia, United Kingdom) and Iran at
the level of Political Directors/Deputy Foreign Ministers.
The International Atomic Energy Agency (IAEA)'s Director General Amano was present at the
beginning of the Joint Commission against the background of the 11" report by the IAEA which had
just been issued. The participants welcomed the fact that the IAEA has again confirmed the continued
adherence by Iran to its nuclear-related commitments. They also commended the professional and
impartial role played by the IAEA, the only body charged with the monitoring and verification of the
implementation by Iran of its nuclear-related commitments under the JCPOA and UN Security Council
Resolution 2231 (2015).
Participants regretted the withdrawal of the United States from the nuclear deal and the announced
re-imposition of US sanctions lifted under the JCPOA. The JCPOA is a key element of the global non
proliferation architecture and a significant diplomatic achievement endorsed unanimously by the UN
Security Council in its Resolution 2231.
The Joint Commission meeting provided the opportunity to address the unilateral withdrawal of the
- 217 -

United States and its consequences, to discuss the way forward, and the continued implementation of
the JCPOA with regard to nuclear and sanctions lifting-related commitments, as well as Procurement
Channel matters and civil nuclear cooperation.
Participants recalled their commitment to the continued, full and effective implementation of the
JCPOA, in good faith and in a constructive atmosphere, and recognised that the lifting of nuclear
related sanctions allowing for the normalisation of trade and economic relations with Iran constitute
essential parts of the JCPOA.
Participants reviewed the potential impact of the re-imposition of US sanctions following a meeting of
the Working Group on the Implementation of Sanctions-Lifting, which was convened the day before.
In this regard, participants discussed common efforts with a view to practical solutions concerning the
following issues within the next few weeks: maintaining and deepening economic relations with Iran;
the continued sale of Iran's oil and gas condensate petroleum products and petrochemicals and
related transfers; effective banking transactions with Iran; continued sea, land, air and rail
transportation relations with Iran; the further provision of export credit and development of special
purpose vehicles in financial banking, insurance and trade areas, with the aim of facilitating economic
and financial cooperation, including by offering practical support for trade and investment; the further
development and implementation of Memoranda of Understanding and contracts between third
countries companies and Iranian counterparts; further investments in Iran; the protection of economic
operators and ensuring legal certainty; the further development of a transparent, rules-based
business environment in Iran.
These efforts are aimed at preserving the interests of businesses and investors engaged with
Iran. Participants noted that economic operators pursuing legitimate business with Iran were acting in
good faith based on commitments contained in the JCPOA and endorsed at the highest level,
unanimously by a UN Security Council Resolution.
Participants stressed their commitment to work to ensure that these benefits would continue to be
delivered and agreed to this end to deepen their dialogue at all levels, including at the level of
experts with a view to finding practical solutions to these problems.
Participants agreed to intensify their ongoing work in the Joint Commission and all its bodies in the
format of E3/EU+2 and Iran, in particular the Working Group on the Implementation of Sanctions
Lifting.
As a next step, Iran proposed a Ministerial meeting of the Joint Commission.
Press contacts
Press Contacts:
Maja KOCIJANCIC
Maia KOCIJANCIC
Spokesperson for Foreign Affairs and Security Policy/European Neighbourhood Policy and Enlargement
Negotiations
+32 (0)2 29 86570
+32 (0)498 984 425
www.eeas.europa.eu

- 218 -

Annex 15
U.S. Iran Sanctions Act of 1996, Pub. L. 104-172, 110 Stat. 1541,
as amended through Pub. L. 114-277, 130 Stat. 1409

- 219 -

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G:\COMP\FOREIGN\IRAN SANCTIONS ACT OF 1996.:XML
IRAN SANCTIONS ACT OF 1996
[As Amended Through P.L. 114--277, Enacted December 15, 2016]
[Currency: This publication is a compilation of the text of Public Law 104-172. It
was last amended by the public law listed in the As Amended Through note above
and below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACT To impose sanctions on persons making certain investments directly and
significantly contributing to the enhancement of the ability of Iran or Libya to de
velop its petroleum resources, and on persons exporting certain items that en
hance Libya's weapons or aviation capabilities or enhance Libya's ability to de
velop its petroleum resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Iran Sanctions Act of 1996.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The efforts of the Government of Iran to acquire weap
ons of mass destruction and the means to deliver them and its
support of acts of international terrorism endanger the na
tional security and foreign policy interests of the United States
and those countries with which the United States shares com
mon strategic and foreign policy objectives.
(2) The objective of preventing the proliferation of weapons
of mass destruction and acts of international terrorism through
existing multilateral and bilateral initiatives requires addi
tional efforts to deny Iran the financial means to sustain its
nuclear, chemical, biological, and missile weapons programs.
(3) The Government of Iran uses its diplomatic facilities
and quasi-governmental institutions outside of Iran to promote
acts of international terrorism and assist its nuclear, chemical,
biological, and missile weapons programs.
(4) [Repealed-2006]
SEC. 3. DECLARATION OF POLICY.
The Congress declares that it is the policy of the United States
to deny Iran the ability to support acts of international terrorism
and to fund the development and acquisition of weapons of mass
destruction and the means to deliver them by limiting the develop-
December 6, 2018
1
As Amended Through P.L. 114-277, Enacted December 15, 2016
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G:\COMP\FOREIGN\IRAN SANCTIONS ACT OF 1996.:XML
Sec. 4
Iran Sanctions, 1996 (P.L. 104--172; 50 U.S.C. 170 ...
2
ment of Iran's ability to explore for, extract, refine, or transport by
pipeline petroleum resources of Iran.
SEC. 4. MULTILATERAL REGIME.
(a) MULTILATERAL NEGOTIATIONS.-ln order to further the ob
jectives of section 3, the Congress urges the President to commence
immediately diplomatic efforts, both in appropriate international
fora such as the United Nations, and bilaterally with allies of the
United States, to establish a multilateral sanctions regime against
Iran, including provisions limiting the development of petroleum
resources, that will inhibit Iran's efforts to carry out activities de
scribed in section 2.
(b) REPORTS TO CONGRESS.-The President shall report to the
appropriate congressional committees, not later than 1 year after
the date of the enactment of this Act, and periodically thereafter,
on the extent that diplomatic efforts described in subsection (a)
have been successful. Each report shall include-
( 1) the countries that have agreed to undertake measures
to further the objectives of section 3 with respect to Iran, and
a description of those measures; and
(2) the countries that have not agreed to measures de
scribed in paragraph (1), and, with respect to those countries,
other measures the President recommends that the United
States take to further the objectives of section 3 with respect
to Iran.
(c) WAIVER.
(1) IN GENERAL.
(A) GENERAL WAIVER.The President may, on a case
by case basis, waive for a period of not more than six
months the application of section 5(a) with respect to a na
tional of a country, if the President certifies to the appro
priate congressional committees at least 30 days before
such waiver is to take effect that such waiver is vital to
the national security interests of the United States.
(B) WAIVER WITH RESPECT TO PERSONS IN COUNTRIES
THAT COOPERATE IN
MULTILATERAL EFFORTS WITH RESPECT
TO IRAN.-The President may, on a case by case basis,
waive for a period of not more than 12 months the applica
tion of section 5(a) with respect to a person if the Presi
dent, at least 30 days before the waiver is to take effect-
(i) certifies to the appropriate congressional com
mittees that-
(1) the government with primary jurisdiction
over the person is closely cooperating with the
United States in multilateral efforts to prevent
Iran from-
(aa) acquiring or developing chemical, bio
logical, or nuclear weapons or related tech
nologies; or
(bb) acquiring or developing destabilizing
numbers and types of advanced conventional
weapons;and
(II) such a waiver is vital to the national secu
rity interests of the United States; and
December 6, 2018
As Amended Through P.L. 114-277, Enacted December 15, 2016
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3
Iran Sanctions, 1996 (P.L. 104--172; 50 U.S.C. 170 ...
Sec. 4
(ii) submits to the appropriate congressional com
mittees a report identifying-
(!) the person with respect to which the Presi
dent waives the application of sanctions; and
(II) the actions taken by the government de
scribed in clause (i)(I) to cooperate in multilateral
efforts described in that clause.
(2) SUBSEQUENT RENEWAL OF WAIVER.At the conclusion
of the period of a waiver under subparagraph (A) or (B) of
paragraph (1), the President may renew the waiver-
(A) if the President determines, in accordance with
subparagraph (A) or (B) of that paragraph (as the case
may be), that the waiver is appropriate; and
(B)(i) in the case of a waiver under subparagraph (A)
of paragraph (1), for subsequent periods of not more than
six months each; and
(ii) in the case of a waiver under subparagraph (B) of
paragraph (1), for subsequent periods of not more than 12
months each.
(d) INTERIM REPORT ON MULTILATERAL SANCTIONS; MONI
TORING.-The President, not later than 90 days after the date of
the enactment of this Act, shall report to the appropriate congres
sional committees on-
( 1) whether the member states of the European Union, the
Republic of Korea, Australia, Israel, or Japan have legislative
or administrative standards providing for the imposition of
trade sanctions on persons or their affiliates doing business or
having investments in Iran or Libya;
(2) the extent and duration of each instance of the applica
tion of such sanctions; and
(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
(e) INVESTIGATIONS.
(1) IN GENERAL.-The President shall initiate an investiga
tion into the possible imposition of sanctions under section 5(a)
against a person upon receipt by the United States of credible
information indicating that such person is engaged in an activ
ity described in such section.
(2) DETERMINATION AND
NOTIFICATION.-Not later than
180 days after an investigation is initiated in accordance with
paragraph (1), the President shall (unless paragraph (3) ap
plies) determine, pursuant to section 5(a), if a person has en
gaged in an activity described in such section and shall notify
the appropriate congressional committees of the basis for any
such determination.
(3) SPECIAL RULE.-The President need not initiate an in
vestigation, and may terminate an investigation, under this
subsection if the President certifies in writing to the appro
priate congressional committees that-
(A) the person whose activity was the basis for the in
vestigation is no longer engaging in the activity or has
taken significant verifiable steps toward stopping the ac
tivity; and
December 6, 2018
As Amended Through P.L. 114-277, Enacted December 15, 2016
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G:\COMP\FOREIGN\IRAN SANCTIONS ACT OF 1996.:XML
Sec. 5
Iran Sanctions, 1996 (P.L. 104--172; 50 U.S.C. 170 ...
4
(B) the President has received reliable assurances that
the person will not knowingly engage in an activity de
scribed in section 5(a) in the future.
(f) BRIEFINGS ON IMPLEMENTATION.Not later than 90 days
after the date of the enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012, and every 120 days thereafter,
the President, acting through the Secretary of State, shall provide
to the appropriate congressional committees a comprehensive brief
ing on efforts to implement this Act.
SEC. 5. IMPOSITION OF SANCTIONS.
(a) SANCTIONS RELATING TO THE ENERGY SECTOR OF IRAN.
(1) DEVELOPMENT OF PETROLEUM RESOURCES OF IRAN.-
(A) IN GENERAL.-Except as provided in subsection (f),
the President shall impose 5 or more of the sanctions de
scribed in section 6(a) with respect to a person if the Presi
dent determines that the person knowingly, on or after the
date of the enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012-
(i) makes an investment described in subpara
graph (B) of $20,000,000 or more; or
(ii) makes a combination of investments described
in subparagraph (B) in a 12-month period if each such
investment is of at least $5,000,000 and such invest
ments equal or exceed $20,000,000 in the aggregate.
(B) INVESTMENT DESCRIBED.-An investment described
in this subparagraph is an investment that directly and
significantly contributes to the enhancement of Iran's abil
ity to develop petroleum resources.
(2) PRODUCTION OF REFINED PETROLEUM PRODUCTS.-
(A) IN GENERAL.-Except as provided in subsection (f),
the President shall impose 5 or more of the sanctions de
scribed in section 6(a) with respect to a person if the Presi
dent determines that the person knowingly, on or after the
date of the enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012, sells, leases, or provides
to Iran goods, services, technology, information, or support
described in subparagraph (B)-
(i) any of which has a fair market value of
$1,000,000 or more; or
(ii) that, during a 12-month period, have an aggre
gate fair market value of $5,000,000 or more.
(B) Goons, SERVICES, TECHNOLOGY, INFORMATION, OR
SUPPORT DESCRIBED.-Goods, services, technology, informa
tion, or support described in this subparagraph are goods,
services, technology, information, or support that could di
rectly and significantly facilitate the maintenance or ex
pansion of Iran's domestic production of refined petroleum
products, including any direct and significant assistance
with respect to the construction, modernization, or repair
of petroleum refineries or directly associated infrastruc
ture, including construction of port facilities, railways, and
roads, the primary use of which is to support the delivery
of refined petroleum products.
December 6, 2018
As Amended Through P.L. 114-277, Enacted December 15, 2016
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G:\COMP\FOREIGN\IRAN SANCTIONS ACT OF 1996.:XML
5
Iran Sanctions, 1996 (P.L. 104--172; 50 U.S.C. 170 ...
Sec. 5
(3) EXPORTATION OF REFINED PETROLEUM PRODUCTS TO
IRAN.-
(A) IN GENERAL.-Except as provided in subsection (f),
the President shall impose 5 or more of the sanctions de
scribed in section 6(a) with respect to a person if the Presi
dent determines that the person knowingly, on or after the
date of the enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012-
(i) sells or provides to Iran refined petroleum
products-
(1) that have a fair market value of $1,000,000
or more; or
(II) that, during a 12-month period, have an
aggregate fair market value of $5,000,000 or more;
or
(ii) sells, leases, or provides to Iran goods, serv
ices, technology, information, or support described in
subparagraph (B)-
(1) any of which has a fair market value of
$1,000,000 or more; or
(II) that, during a 12-month period, have an
aggregate fair market value of $5,000,000 or more.
(B) GOODS, SERVICES, TECHNOLOGY, INFORMATION, OR
SUPPORT DESCRIBED.-Goods, services, technology, informa
tion, or support described in this subparagraph are goods,
services, technology, information, or support that could di
rectly and significantly contribute to the enhancement of
Iran's ability to import refined petroleum products, includ
ing-
(i) except as provided in subparagraph (C), under
writing or entering into a contract to provide insur
ance or reinsurance for the sale, lease, or provision of
such goods, services, technology, information, or sup
port;
(ii) financing or brokering such sale, lease, or pro
vision;
(iii) providing ships or shipping services to deliver
refined petroleum products to Iran;
(iv) bartering or contracting by which goods are
exchanged for goods, including the insurance or rein
surance of such exchanges; or
(v) purchasing, subscribing to, or facilitating the
issuance of sovereign debt of the Government of Iran,
including governmental bonds, issued on or after the
date of the enactment of the Iran Threat Reduction
and Syria Human Rights Act of 2012.
(C) EXCEPTION FOR UNDERWRITERS AND INSURANCE
PROVIDERS EXERCISING DUE DILIGENCE.-The President
may not impose sanctions under this paragraph with re
spect to a person that provides underwriting services or in
surance or reinsurance if the President determines that
the person has exercised due diligence in establishing and
enforcing official policies, procedures, and controls to en
sure that the person does not underwrite or enter into a
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contract to provide insurance or reinsurance for the sale,
lease, or provision of goods, services, technology, informa
tion, or support described in subparagraph (B).
(4) JOINT VENTURES WITH IRAN RELATING TO DEVELOPING
PETROLEUM RESOURCES.-
(A) IN GENERAL.Except as provided in subparagraph
(B) or subsection (f), the President shall impose 5 or more
of the sanctions described in section 6(a) with respect to a
person if the President determines that the person know
ingly participates, on or after the date of the enactment of
the Iran Threat Reduction and Syria Human Rights Act of
2012, in a joint venture with respect to the development
of petroleum resources outside of Iran if-
(i) the joint venture is established on or after Jan
uary 1, 2002; and
(ii)(I) the Government of Iran is a substantial
partner or investor in the joint venture; or
(II) Iran could, through a direct operational role in
the joint venture or by other means, receive techno
logical knowledge or equipment not previously avail
able to Iran that could directly and significantly con
tribute to the enhancement of Iran's ability to develop
petroleum resources in Iran.
(B) APPLICABILITY.-Subparagraph (A) shall not apply
with respect to participation in a joint venture established
on or after January 1, 2002, and before the date of the en
actment of the Iran Threat Reduction and Syria Human
Rights Act of 2012, if the person participating in the joint
venture terminates that participation not later than the
date that is 180 days after such date of enactment.
(5) SUPPORT FOR THE DEVELOPMENT OF PETROLEUM RE
SOURCES AND REFINED PETROLEUM PRODUCTS IN IRAN.
(A) IN GENERAL.Except as provided in subsection (f),
the President shall impose 5 or more of the sanctions de
scribed in section 6(a) with respect to a person if the Presi
dent determines that the person knowingly, on or after the
date of the enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012, sells, leases, or provides
to Iran goods, services, technology, or support described in
subparagraph (B)
(i) any of which has a fair market value of
$1,000,000 or more; or
(ii) that, during a 12-month period, have an aggre
gate fair market value of $5,000,000 or more.
(B) Goons, SERVICES, TECHNOLOGY, OR SUPPORT DE
SCRIBED.Goods, services, technology, or support de
scribed in this subparagraph are goods, services, tech
nology, or support that could directly and significantly con
tribute to the maintenance or enhancement of Iran's
(i) ability to develop petroleum resources located
in Iran; or
(ii) domestic production of refined petroleum prod
ucts, including any direct and significant assistance
with respect to the construction, modernization, or re-
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pair of petroleum refineries or directly associated in
frastructure, including construction of port facilities,
railways, and roads, the primary use of which is to
support the delivery of refined petroleum products.
(6) DEVELOPMENT AND
PURCHASE OF PETROCHEMICAL PROD
UCTS FROM IRAN.-
(A) IN GENERAL.-Except as provided in subsection (f),
the President shall impose 5 or more of the sanctions de
scribed in section 6(a) with respect to a person if the Presi
dent determines that the person knowingly, on or after the
date of the enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012, sells, leases, or provides
to Iran goods, services, technology, or support described in
subparagraph (B)-
(i) any of which has a fair market value of
$250,000 or more; or
(ii) that, during a 12-month period, have an aggre
gate fair market value of $1,000,000 or more.
(B) GOODS, SERVICES, TECHNOLOGY, OR SUPPORT DE
SCRIBED.-Goods, services, technology, or support de
scribed in this subparagraph are goods, services, tech
nology, or support that could directly and significantly con
tribute to the maintenance or expansion of Iran's domestic
production of petrochemical products.
(7) TRANSPORTATION OF CRUDE OIL FROM IRAN.-
(A) IN GENERAL.-Except as provided in subsection (f),
the President shall impose 5 or more of the sanctions de
scribed in section 6(a) with respect to a person if the Presi
dent determines that-
(i) the person is a controlling beneficial owner of,
or otherwise owns, operates, or controls, or insures, a
vessel that, on or after the date that is 90 days after
the date of the enactment of the Iran Threat Reduc
tion and Syria Human Rights Act of 2012, was used
to transport crude oil from Iran to another country;
and
(ii)(I) in the case of a person that is a controlling
beneficial owner of the vessel, the person had actual
knowledge the vessel was so used; or
(II) in the case of a person that otherwise owns,
operates, or controls, or insures, the vessel, the person
knew or should have known the vessel was so used.
(B) APPLICABILITY OF SANCTIONS.-
(i) IN GENERAL.-Except as provided in clause (ii),
subparagraph (A) shall apply with respect to the
transportation of crude oil from Iran only if a deter
mination of the President under section 1245(d)(4)(B)
of the National Defense Authorization Act for Fiscal
Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that there is a
sufficient supply of petroleum and petroleum products
produced in countries other than Iran to permit pur
chasers of petroleum and petroleum products from
Iran to reduce significantly their purchases from Iran
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is in effect at the time of the transportation of the
crude oil.
(ii) EXCEPTION FOR CERTAIN COUNTRIES.-Sub
paragraph (A) shall not apply with respect to the
transportation of crude oil from Iran to a country to
which the exception under paragraph (4)(D) of section
1245(d) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)) to the imposi
tion of sanctions under paragraph (1) of that section
applies at the time of the transportation of the crude
oil.
(8) CONCEALING IRANIAN ORIGIN OF CRUDE OIL AND RE
FINED PETROLEUM PRODUCTS.-
(A) IN GENERAL.-Except as provided in subsection (f),
the President shall impose 5 or more of the sanctions de
scribed in section 6(a) with respect to a person if the Presi
dent determines that the person is a controlling beneficial
owner, or otherwise owns, operates, or controls, a vessel
that, on or after the date that is 90 days after the date of
the enactment of the Iran Threat Reduction and Syria
Human Rights Act of 2012, is used, with actual knowledge
in the case of a person that is a controlling beneficial
owner or knowingly in the case of a person that otherwise
owns, operates, or controls the vessel, in a manner that
conceals the Iranian origin of crude oil or refined petro
leum products transported on the vessel, including by-
(i) permitting the operator of the vessel to suspend
the operation of the vessel's satellite tracking device;
or
(ii) obscuring or concealing the ownership, oper
ation, or control of the vessel by-
(1) the Government of Iran;
(II) the National Iranian Tanker Company or
the Islamic Republic of Iran Shipping Lines; or
(III) any other entity determined by the Presi
dent to be owned or controlled by the Government
of Iran or an entity specified in subclause (II).
(B) ADDITIONAL SANCTION.-Subject to such regula
tions as the President may prescribe and in addition to the
sanctions imposed under subparagraph (A), the President
may prohibit a vessel owned, operated, or controlled by a
person, including a controlling beneficial owner, with re
spect to which the President has imposed sanctions under
that subparagraph and that was used for the activity for
which the President imposed those sanctions from landing
at a port in the United States for a period of not more
than 2 years after the date on which the President im
posed those sanctions.
(C) VESSELS IDENTIFIED BY
THE OFFICE OF FOREIGN AS
SETS CONTROL.-For purposes of subparagraph (A)(ii), a
person shall be deemed to have actual knowledge that a
vessel is owned, operated, or controlled by the Government
of Iran or an entity specified in subclause (II) or (III) of
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subparagraph (A)(ii) if the International Maritime Organi
zation vessel registration identification for the vessel is-
(i) included on a list of specially designated na
tionals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury for activities with respect to Iran; and
(ii) identified by the Office of Foreign Assets Con
trol as a vessel in which the Government of Iran or
any entity specified in subclause (II) or (III) of sub
paragraph (A)(ii) has an interest.
(D) DEFINITION OF IRANIAN ORJGIN.-For purposes of
subparagraph (A), the term "Iranian origin" means-
(i) with respect to crude oil, that the crude oil was
extracted in Iran; and
(ii) with respect to a refined petroleum product,
that the refined petroleum product was produced or
refined in Iran.
(9) EXCEPTION FOR PROVISION OF UNDERWRITING SERVICES
AND INSURANCE AND REINSURANCE.-The President may not
impose sanctions under paragraph (7) or (8) with respect to a
person that provides underwriting services or insurance or re
insurance if the President determines that the person has exer
cised due diligence in establishing and enforcing official poli
cies, procedures, and controls to ensure that the person does
not provide underwriting services or insurance or reinsurance
for the transportation of crude oil or refined petroleum prod
ucts from Iran in a manner for which sanctions may be im
posed under either such paragraph.
(b) MANDATORY SANCTIONS WITH RESPECT TO DEVELOPMENT
OF WEAPONS OF MASS DESTRUCTION OR OTHER MILITARY CAPABILI
TIES.-
(1) EXPORTS, TRANSFERS, AND
TRANSSHIPMENTS.-Except as
provided in subsection (f), the President shall impose 5 or more
of the sanctions described in section 6(a) with respect to a per
son if the President determines that the person-
(A) on or after the date of the enactment of the Iran
Threat Reduction and Syria Human Rights Act of 2012,
exported or transferred, or permitted or otherwise facili
tated the transshipment of, any goods, services, tech
nology, or other items to any other person; and
(B) knew or should have known that-
(i) the export, transfer, or transshipment of the
goods, services, technology, or other items would likely
result in another person exporting, transferring, trans
shipping, or otherwise providing the goods, services,
technology, or other items to Iran; and
(ii) the export, transfer, transshipment, or other
provision of the goods, services, technology, or other
items to Iran would contribute materially to the abil
ity of Iran to-
(1) acquire or develop chemical, biological, or
nuclear weapons or related technologies; or
(II) acquire or develop destabilizing numbers
and types of advanced conventional weapons.
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(2) JOINT VENTURES RELATING TO THE MINING, PRODUC
TION, OR TRANSPORTATION OF URANTTJM.-
(A) IN GENERAL.-Except as provided in subparagraph
(B) or subsection (f), the President shall impose 5 or more
of the sanctions described in section 6(a) with respect to a
person if the President determines that the person know
ingly participated, on or after the date of the enactment of
the Iran Threat Reduction and Syria Human Rights Act of
2012, in a joint venture that involves any activity relating
to the mining, production, or transportation of uranium-
(i)(I) established on or after February 2, 2012; and
(II) with-
(aa) the Government of Iran;
(bb) an entity incorporated in Iran or subject
to the jurisdiction of the Government of Iran; or
(cc) a person acting on behalf of or at the di
rection of, or owned or controlled by, the Govern
ment of Iran or an entity described in item (bb);
or
(ii)(I) established before February 2, 2012;
(II) with the Government of Iran, an entity de
scribed in item (bb) of clause (i)(II), or a person de
scribed in item (cc) of that clause; and
(III) through which-
(aa) uranium is transferred directly to Iran or
indirectly to Iran through a third country;
(bb) the Government of Iran receives signifi
cant revenue; or
(cc) Iran could, through a direct operational
role or by other means, receive technological
knowledge or equipment not previously available
to Iran that could contribute materially to the
ability of Iran to develop nuclear weapons or re
lated technologies.
(B) APPLICABILITY OF SANCTIONS.-Subparagraph (A)
shall not apply with respect to participation in a joint ven
ture established before the date of the enactment of the
Iran Threat Reduction and Syria Human Rights Act of
2012 if the person participating in the joint venture termi
nates that participation not later than the date that is 180
days after such date of enactment.
(3) ADDITIONAL MANDATORY SANCTIONS RELATING TO
TRANSFER OF NUCLEAR TECHNOLOGY.-
(A) IN GENERAL.-Except as provided in subpara
graphs (B) and (C), in any case in which a person is sub
ject to sanctions under paragraph (1) or (2) because of an
activity described in that paragraph that relates to the ac
quisition or development of nuclear weapons or related
technology or of missiles or advanced conventional weap
ons that are designed or modified to deliver a nuclear
weapon, no license may be issued for the export, and no
approval may be given for the transfer or retransfer, di
rectly or indirectly, to the country the government of which
has primary jurisdiction over the person, of any nuclear
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material, facilities, components, or other goods, services, or
technology that are or would be subject to an agreement
for cooperation between the United States and that gov
ernment.
(B) EXCEPTION.The sanctions described in subpara
graph (A) shall not apply with respect to a country the
government of which has primary jurisdiction over a per
son that engages in an activity described in that subpara
graph if the President determines and notifies the appro
priate congressional committees that the government of
the country-
(i) does not know or have reason to know about
the activity; or
(ii) has taken, or is taking, all reasonable steps
necessary to prevent a recurrence of the activity and
to penalize the person for the activity.
(C) INDIVIDUAL APPROVAL.-Notwithstanding subpara
graph (A), the President may, on a case-by-case basis, ap
prove the issuance of a license for the export, or approve
the transfer or retransfer, of any nuclear material, facili
ties, components, or other goods, services, or technology
that are or would be subject to an agreement for coopera
tion, to a person in a country to which subparagraph (A)
applies (other than a person that is subject to the sanc
tions under paragraph (1) or (2)) if the President-
(i) determines that such approval is vital to the
national security interests of the United States; and
(ii) not later than 15 days before issuing such li
cense or approving such transfer or retransfer, sub
mits to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Re
lations of the Senate the justification for approving
such license, transfer, or retransfer.
(D) CONSTRUCTION.-The restrictions in subparagraph
(A) shall apply in addition to all other applicable proce
dures, requirements, and restrictions contained in the
Atomic Energy Act of 1954 and other related laws.
(E) DEFINITION.-In this paragraph, the term "agree
ment for cooperation" has the meaning given that term in
section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(b)).
(F) APPLICABILITY.The sanctions under subpara
graph (A) shall apply only in a case in which a person is
subject to sanctions under paragraph (1) or (2) because of
an activity described in paragraph (1) or (2), as the case
may be in which the person engages on or after the date
of the enactment of the Iran Threat Reduction and Syria
Human Rights Act of 2012.
(c) PERSONS AGAINST WHICH THE SANCTIONS ARE TO BE IM
POSED.The sanctions described in subsection (a) and paragraphs
(1) and (2) of subsection (b) shall be imposed on-
(1) any person the President determines has carried out
the activities described in subsection (a) or paragraph (1) or (2)
of subsection (b); and
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(2) any person that-
(A) is a successor entity to the person referred to in
paragraph (1);
(B) owns or controls the person referred to in para
graph (1), if the person that owns or controls the person
referred to in paragraph (1) had actual knowledge or
should have known that the person referred to in para
graph (1) engaged in the activities referred to in that para
graph; or
(C) is owned or controlled by, or under common owner
ship or control with, the person referred to in paragraph
(1, if the person owned or controlled by, or under common
ownership or control with (as the case may be), the person
referred to
in
paragraph (1) knowingly engaged in the ac
tivities referred to in that paragraph.
For purposes of this Act, any person or entity described in this
subsection shall be referred to as a "sanctioned person".
(d) PUBLICATION
IN
FEDERAL REGISTER.The President shall
cause to be published in the Federal Register a current list of per
sons and entities on whom sanctions have been imposed under this
Act. The removal of persons or entities from, and the addition of
persons and entities to, the list, shall also be so published.
(e)
l
PUBLICATION OF PROJECTS.-The President shall cause to
be published in the Federal Register a list of all significant projects
which have been publicly tendered in the oil and gas sector in Iran.
(f) EXCEPTIONS.-The President shall not be required to apply
or maintain the sanctions under subsection (a) or paragraph (1) or
(2) of subsection (b)-
(1) in the case of procurement of defense articles or de
fense services-
(A) under existing contracts or subcontracts, including
the exercise of options for production quantities to satisfy
requirements essential to the national security of the
United States;
(B) if the President determines in writing that the per
son to which the sanctions would otherwise be applied is
a sole source supplier of the defense articles or services,
that the defense articles or services are essential, and that
alternative sources are not readily or reasonably available;
or
(C) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
(2) in the case of procurement, to eligible products, as de
fined in section 308(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2518(4)), of any foreign country or instrumentality des
ignated under section 301(b) of that Act (19 U.S.C. 2511(b));
(3) to products, technology, or services provided under con
tracts entered into before the date on which the President pub
lishes in the Federal Register the name of the person on whom
the sanctions are to be imposed;
1
The Department of State published such a list in Public Notice No. 2501, January 2, 1997
(62 F.R. 1141).
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(4) to-
(A) spare parts which are essential to United States
products or production;
(B) component parts, but not finished products, essen
tial to United States products or production; or
(C) routine servicing and maintenance of products, to
the extent that alternative sources are not readily or rea
sonably available;
(5) to information and technology essential to United
States products or production; or
(6) to medicines, medical supplies, or other humanitarian
items.
SEC. 6. DESCRIPTION OF SANCTIONS.
(a) IN GENERAL.-The sanctions to be imposed on a sanctioned
person under section 5 are as follows:
(1) EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO
SANCTIONED PERSONS.-The President may direct the Export
Import Bank of the United States not to give approval to the
issuance of any guarantee, insurance, extension of credit, or
participation in the extension of credit in connection with the
export of any goods or services to any sanctioned person.
(2) EXPORT SANCTION.-The President may order the
United States Government not to issue any specific license and
not to grant any other specific permission or authority to ex
port any goods or technology to a sanctioned person under-
(i) the Export Administration Act of 1979;
(ii) the Arms Export Control Act;
(iii) the Atomic Energy Act of 1954; or
(iv) any other statute that requires the prior review
and approval of the United States Government as a condi
tion for the export or reexport of goods or services.
(3) LOANS FROM UNITED STATES FINANCIAL INSTITUTIONS.
The United States Government may prohibit any United
States financial institution from making loans or providing
credits to any sanctioned person totaling more than
$10,000,000 in any 12-month period unless such person is en
gaged in activities to relieve human suffering and the loans or
credits are provided for such activities.
(4) PROHIBITIONS ON FINANCIAL INSTITUTIONS.-The fol
lowing prohibitions may be imposed against a sanctioned per
son that is a financial institution:
(A) PROHIBITION ON DESIGNATION AS PRIMARY DEAL
ER.Neither the Board of Governors of the Federal Re
serve System nor the Federal Reserve Bank of New York
may designate, or permit the continuation of any prior des
ignation of, such financial institution as a primary dealer
in United States Government debt instruments.
(B) PROHIBITION ON SERVICE AS A REPOSITORY OF GOV
ERNMENT FUNDS.-Such financial institution may not serve
as agent of the United States Government or serve as re
pository for United States Government funds.
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The imposition of either sanction under subparagraph (A) or
(B) shall be treated as 1 sanction for purposes of section 5, and
the imposition of both such sanctions shall be treated as 2
sanctions for purposes of section 5.
(5) PROCUREMENT SANCTJON.-The United States Govern
ment may not procure, or enter into any contract for the pro
curement of, any goods or services from a sanctioned person.
(6) FOREIGN EXCHANGE.-The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transactions
in
foreign exchange that are subject to the juris
diction of the United States and in which the sanctioned per
son has any interest.
(7) BANKING TRANSACTJONS.-The President may, pursuant
to such regulations as the President may prescribe, prohibit
any transfers of credit or payments between financial institu
tions or by, through, or to any financial institution, to the ex
tent that such transfers or payments are subject to the juris
diction of the United States and involve any interest of the
sanctioned person.
(8) PROPERTY TRANSACTJONS.-The President may, pursu
ant to such regulations as the President may prescribe, pro
hibit any person from-
(A) acquiring, holding, withholding, using, transfer
ring, withdrawing, transporting, importing, or exporting
any property that is subject to the jurisdiction of the
United States and with respect to which the sanctioned
person has any interest;
(B) dealing in or exercising any right, power, or privi
lege with respect to such property; or
(C) conducting any transaction involving such prop
erty.
(9) BAN ON INVESTMENT IN EQUITY OR DEBT OF SANCTIONED
PERSON.-The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of a sanctioned person.
(10) EXCLUSION OF CORPORATE OFFICERS.-The President
may direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling inter
est in, a sanctioned person.
(11) SANCTIONS ON PRINCIPAL EXECUTNE OFFICERS.-The
President may impose on the principal executive officer or offi
cers of any sanctioned person, or on persons performing similar
functions and with similar authorities as such officer or offi
cers, any of the sanctions under this subsection.
(12) ADDITIONAL SANCTIONS.-The President may impose
sanctions, as appropriate, to restrict imports with respect to a
sanctioned person, in accordance with the International Emer
gency Economic Powers Act (50 U.S.C. 1701 and following).
(b) ADDITIONAL MEASURE RELATING TO GOVERNMENT CON
TRACTS.-
(1) MODIFICATION OF FEDERAL ACQUISITION REGULATION.-
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(A) CERTIFICATIONS RELATING TO ACTIVITIES DE
SCRIBED IN SECTION 5.-Not later than 90 days after the
date of the enactment of the Comprehensive Iran Sanc
tions, Accountability, and Divestment Act of 2010, the Fed
eral Acquisition Regulation shall be revised to require a
certification from each person that is a prospective con
tractor that the person, and any person owned or con
trolled by the person, does not engage in any activity for
which sanctions may be imposed under section 5.
(B) CERTIFICATIONS RELATING TO TRANSACTIONS WITH
IRAN'S REVOLUTIONARY GUARD CORPS.Not later than 120
days after the date of the enactment of the Iran Threat Re
duction and Syria Human Rights Act of 2012, the Federal
Acquisition Regulation shall be revised to require a certifi
cation from each person that is a prospective contractor
that the person, and any person owned or controlled by the
person, does not knowingly engage in a significant trans
action or transactions with Iran's Revolutionary Guard
Corps or any of its officials, agents, or affiliates the prop
erty and interests in property of which are blocked pursu
ant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(2) REMEDIES.
(A) IN GENERAL.-If the head of an executive agency
determines that a person has submitted a false certifi
cation under paragraph (1) on or after the date on which
the applicable revision of the Federal Acquisition Regula
tion required by this subsection becomes effective, the
head of that executive agency shall terminate a contract
with such person or debar or suspend such person from eli
gibility for Federal contracts for a period of not less than
2 years. Any such debarment or suspension shall be sub
ject to the procedures that apply to debarment and suspen
sion under the Federal Acquisition Regulation under sub
part 9.4 of part 9 of title 48, Code of Federal Regulations.
(B) INCLUSION ON LIST OF PARTIES EXCLUDED FROM
FEDERAL PROCUREMENT AND
NONPROCUREMENT PRO
GRAMS.-The Administrator of General Services shall in
clude on the List of Parties Excluded from Federal Pro
curement and Nonprocurement Programs maintained by
the Administrator under part 9 of the Federal Acquisition
Regulation each person that is debarred, suspended, or
proposed for debarment or suspension by the head of an
executive agency on the basis of a determination of a false
certification under subparagraph (A).
(3) CLARIFICATION REGARDING CERTAIN PRODUCTS.-The
remedies set forth in paragraph (2) shall not apply with re
spect to the procurement of eligible products, as defined in sec
tion 308(4) of the Trade Agreements Act of 1974 (19 U.S.C.
2518(4)), of any foreign country or instrumentality designated
under section 301(b) of that Act (19 U.S.C. 2511(b)).
(4) RULE OF CONSTRUCTION.-This subsection shall not be
construed to limit the use of other remedies available to the
head of an executive agency or any other official of the Federal
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Government on the basis of a determination of a false certifi
cation under paragraph (1).
(5) WAIVERS.The President may on a case-by-case basis
waive the requirement that a person make a certification
under paragraph (1) if the President determines and certifies
in writing to the appropriate congressional committees, the
Committee on Armed Services of the Senate, and the Com
mittee on Armed Services of the House of Representatives, that
it is essential to the national security interests of the United
States to do so.
(6) DEFINITIONS.-ln this subsection:
(A) EXECUTIVE AGENCY.-The term "executive agency"
has the meaning given that term in section 133 of title 41,
United States Code.
(B) FEDERAL ACQUISITION REGULATION.-The term
"Federal Acquisition Regulation" means the regulation
issued pursuant to section 1303(a)(l) of title 41, United
States Code.
(7) APPLICABILITY.
(A) CERTIFICATIONS RELATING TO ACTIVITIES DE
SCRIBED IN SECTION 5.-The revisions to the Federal Acqui
sition Regulation required under paragraph (l)(A) shall
apply with respect to contracts for which solicitations are
issued on or after the date that is 90 days after the date
of the enactment of the Comprehensive Iran Sanctions, Ac
countability, and Divestment Act of 2010.
(B) CERTIFICATIONS RELATING TO TRANSACTIONS WITH
IRAN'S REVOLUTIONARY GUARD CORPS.'The revisions to the
Federal Acquisition Regulation required under paragraph
(l)(B) shall apply with respect to contracts for which solici
tations are issued on or after the date that is 120 days
after the date of the enactment of the Iran Threat Reduc
tion and Syria Human Rights Act of 2012.
SEC. 7. ADVISORY OPINIONS.
The Secretary of State may, upon the request of any person,
issue an advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions
under this Act. Any person who relies in good faith on such an ad
visory opinion which states that the proposed activity would not
subject a person to such sanctions, and any person who thereafter
engages in such activity, will not be made subject to such sanctions
on account of such activity.
SEC. 8. TERMINATION OF SANCTIONS.
The requirement under section 5(a) to impose sanctions shall
no longer have force or effect with respect to Iran if the President
determines and certifies to the appropriate congressional commit
tees that lran-
(1) has ceased its efforts to design, develop, manufacture,
or acquire-
(A) a nuclear explosive device or related materials and
technology;
(B) chemical and biological weapons; and
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(C) ballistic missiles and ballistic missile launch tech
nology;
(2) has been removed from the list of countries the govern
ments of which have been determined, for purposes of section
6(j) of the Export Administration Act of 1979, to have repeat
edly provided support for acts of international terrorism; and
(3) poses no significant threat to United States national se
curity, interests, or allies.
SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
(a) DELAY OF SANCTIONS.
(1) CoNSULTATIONS.-If the President makes a determina
tion described in subsection (a) or paragraph (1) or (2) of sub
section (b) of section 5 with respect to a foreign person, the
Congress urges the President to initiate consultations imme
diately with the government with primary jurisdiction over
that foreign person with respect to the imposition of sanctions
under this Act.
(2) ACTIONS BY GOVERNMENT OF JURI SDICTION.-ln order to
pursue consultations under paragraph (1) with the government
concerned, the President may delay imposition of sanctions
under this Act for up to 90 days. Following such consultations,
the President shall immediately impose sanctions unless the
President determines and certifies to the Congress that the
government has taken specific and effective actions, including,
as appropriate, the imposition of appropriate penalties, to ter
minate the involvement of the foreign person in the activities
that resulted in the determination by the President under sub
section (a) or paragraph (1) or (2) of subsection (b) of section
5 concerning such person.
(3) ADDITIONAL DELAY IN
JMPOSITION OF SANCTIONS.-The
President may delay the imposition of sanctions for up to an
additional 90 days if the President determines and certifies to
the Congress that the government with primary jurisdiction
over the person concerned is in the process of taking the ac
tions described in paragraph (2).
(4) REPORT TO CONGRESS.-Not later than 90 days after
making a determination under subsection (a) or paragraph (1)
or (2) of subsection (b) of section 5, the President shall submit
to the appropriate congressional committees a report on the
status of consultations with the appropriate foreign govern
ment under this subsection, and the basis for any determina
tion under paragraph (3).
(b) DURATION OF SANCTIONS.-A sanction imposed under sec
tion 5 shall remain in effect-
(1) for a period of not less than 2 years from the date on
which it is imposed; or
(2) until such time as the President determines and cer
tifies to the Congress that the person whose activities were the
basis for imposing the sanction is no longer engaging in such
activities and that the President has received reliable assur
ances that such person will not knowingly engage in such ac
tivities in the future, except that such sanction shall remain in
effect for a period of at least 1 year.
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(c) PRESIDENTIAL WAIVER.
(1) AUTHORITY.
(A) SANCTIONS RELATING TO THE ENERGY SECTOR OF
IRAN.-The President may waive, on a case-by-case basis
and for a period of not more than one year, the require
ment in section 5(a) to impose a sanction or sanctions on
a person described in section 5(c), and may waive the con
tinued imposition of a sanction or sanctions under sub
section (b) of this section, 30 days or more after the Presi
dent determines and so reports to the appropriate congres
sional committees that it is essential to the national secu
rity interests of the United States to exercise such waiver
authority.
(B) SANCTIONS RELATING TO DEVELOPMENT OF WEAP
ONS OF MASS DESTRUCTION OR OTHER MILITARY CAPABILI
TIES.-The President may waive, on a case-by-case basis
and for a period of not more than one year, the require
ment in paragraph (1) or (2) of section 5(b) to impose a
sanction or sanctions on a person described in section 5(c),
and may waive the continued imposition of a sanction or
sanctions under subsection (b) of this section, 30 days or
more after the President determines and so reports to the
appropriate congressional committees that it is vital to the
national security interests of the United States to exercise
such waiver authority.
(C) RENEWAL OF WAIVERS.-The President may renew,
on a case-by-case basis, a waiver with respect to a person
under subparagraph (A) or (B) for additional one-year peri
ods if, not later than 30 days before the waiver expires, the
President makes the determination and submits to the ap
propriate congressional committees the report described in
subparagraph (A) or (B), as applicable.
(2) CONTENTS OF REPORT.-Any report under paragraph (1)
shall provide a specific and detailed rationale for the deter
mination under paragraph (1), including-
(A) a description of the conduct that resulted in the
determination under subsection (a) or paragraph (1) or (2)
of subsection (b) of section 5, as the case may be;
(B) in the case of a foreign person, an explanation of
the efforts to secure the cooperation of the government
with primary jurisdiction over the sanctioned person to
terminate or, as appropriate, penalize the activities that
resulted in the determination under subsection (a) or para
graph (1) or (2) of subsection (b) of section 5, as the case
may be;
(C) an estimate of the significance of the conduct of
the person in contributing to the ability of Iran to, as the
case may be-
(i) develop petroleum resources, produce refined
petroleum products, or import refined petroleum prod
ucts; or
(ii) acquire or develop-
(I) chemical, biological, or nuclear weapons or
related technologies; or
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Iran Sanctions, 1996 (P.L. 104--172; 50 U.S.C. 170 ...
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(II) destabilizing numbers and types of ad
vanced conventional weapons; and
(D) a statement as to the response of the United
States in the event that the person concerned engages in
other activities that would be subject to subsection (a) or
paragraph (1) or (2) of subsection (b) of section 5.
(3) EFFECT OF REPORT ON WAIVER.-lf the President makes
a report under paragraph (1) with respect to a waiver of sanc
tions on a person described in section 5(c), sanctions need not
be imposed under subsection (a) or paragraph (1) or (2) of sub
section (b) of section 5 on that person during the 30-day period
referred to in paragraph (1).
SEC. 10. REPORTS REQUIRED.
(a) REPORT ON CERTAIN INTERNATIONAL INITIATIVES.-Not later
than 6 months after the date of the enactment of this Act, and
every 6 months thereafter, the President shall transmit a report to
the appropriate congressional committees describing-
( 1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease its
nuclear, chemical, biological, and missile weapons programs
and its support of acts of international terrorism;
(2) the efforts of the President to persuade other govern
ments to ask Iran to reduce the presence of Iranian diplomats
and representatives of other government and military or quasi
governmental institutions of Iran and to withdraw any such
diplomats or representatives who participated in the takeover
of the United States embassy in Tehran on November 4, 1979,
or the subsequent holding of United States hostages for 444
days;
(3) the extent to which the International Atomic Energy
Agency has established regular inspections of all nuclear facili
ties in Iran, including those presently under construction; and
(4) Iran's use of Iranian diplomats and representatives of
other government and military or quasi-governmental institu
tions of Iran to promote acts of international terrorism or to
develop or sustain Iran's nuclear, chemical, biological, and mis
sile weapons programs.
(b) REPORT ON EFFECTIVENESS OF ACTIONS UNDER THIS ACT.
Not earlier than 24 months, and not later than 30 months, after
the date of the enactment of the ILSA Extension Act of 2001, the
President shall transmit to Congress a report that describes-
(1) the extent to which actions relating to trade taken pur
suant to this Act-
(A) have been effective in achieving the objectives of
section 3 and any other foreign policy or national security
objectives of the United States with respect to Iran; and
(B) have affected humanitarian interests in Iran, the
country in which the sanctioned person is located, or in
other countries; and
(2) the impact of actions relating to trade taken pursuant
to this Act on other national security, economic, and foreign
policy interests of the United States, including relations with
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Sec. 11
Iran Sanctions, 1996 (P.L. 104--172; 50 U.S.C. 170 ...
20
countries friendly to the United States, and on the United
States economy.
The President may include in the report the President's rec
ommendation on whether or not this Act should be terminated or
modified.
(c) OTHER REPORTS.-The President shall ensure the continued
transmittal to the Congress of reports describing-
(1) the nuclear and other military capabilities of Iran, as
required by section 601(a) of the Nuclear Non-Proliferation Act
of 1978 and section 1607 of the National Defense Authorization
Act for Fiscal Year 1993; and
(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual report
on international terrorism.
(d) REPORTS ON GLOBAL TRADE RELATING TO IRAN.-Not later
than 90 days after the date of the enactment of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010, and
annually thereafter, the President shall submit to the appropriate
congressional committees a report, with respect to the most recent
12-month period for which data are available, on the dollar value
amount of trade, including in the energy sector, between Iran and
each country maintaining membership in the Group of 20 Finance
Ministers and Central Bank Governors.
SEC. 11. DETERMINATIONS NOT REVIEWABLE.
A determination to impose sanctions under this Act shall not
be reviewable in any court.
SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
Nothing in this Act shall apply to any activities subject to the
reporting requirements of title V of the National Security Act of
1947.
SEC. 13. EFFECTIVE DATE; SUNSET.
(a) EFFECTIVE DATE.-This Act shall take effect on the date of
the enactment of this Act.
(b) SUNSET.This Act shall cease to be effective on December
31, 2026.
SEC. 14. DEFINITIONS.
As used in this Act:
(1) ACT OF INTERNATIONAL TERRORISM.-The term "act of
international terrorism" means an act-
(A) which is violent or dangerous to human life and
that is a violation of the criminal laws of the United States
or of any State or that would be a criminal violation if
committed within the jurisdiction of the United States or
any State; and
(B) which appears to be intended-
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by in
timidation or coercion; or
(iii) to affect the conduct of a government by as
sassination or kidnapping.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term
"appropriate congressional committees" means the Committee
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on Finance, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Foreign Relations of the Senate
and the Committee on Ways and Means, the Committee on Fi
nancial Services, and the Committee on Foreign Affairs of the
House of Representatives.
(3) COMPONENT PART.-The term "component part" has the
meaning given that term in section llA(e)(l) of the Export Ad
ministration Act of 1979 (50 U.S.C. App. 2410a(e)(l)).
(4) CREDIBLE INFORMATJON.-The term "credible informa
tion", with respect to a person-
(A) includes-
(i) a public announcement by the person that the
person has engaged in an activity described in sub
section (a) or (b) of section 5; and
(ii) information set forth in a report to stock
holders of the person indicating that the person has
engaged in such an activity; and
(B) may include, in the discretion of the President-
(i) an announcement by the Government of Iran
that the person has engaged in such an activity; or
(ii) information indicating that the person has en
gaged in such an activity that is set forth in-
(1) a report of the Government Accountability
Office, the Energy Information Administration, or
the Congressional Research Service; or
(11) a report or publication of a similarly rep
utable governmental organization or trade or in
dustry organization.
(5) DEVELOP AND DEVELOPMENT.To "develop, or the "de
velopment" of, petroleum resources means the exploration for,
or the extraction, refining, or transportation by pipeline of, pe
troleum resources.
(6) FINANCIAL INSTITUTION.- The term "financial institu
tion includes
(A) a depository institution (as defined in section
3(c)(l) of the Federal Deposit Insurance Act), including a
branch or agency of a foreign bank (as defined in section
l(b)(7) of the International Banking Act of 1978);
(B) a credit union;
(C) a securities firm, including a broker or dealer;
(D) an insurance company, including an agency or un
derwriter; and
(E) any other company that provides financial serv
ices.
(7) FINISHED PRODUCT.-The term "finished product" has
the meaning given that term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
(8) FOREIGN PERSON.-The term "foreign person" means
(A) an individual who is not a United States person or
an alien lawfully admitted for permanent residence into
the United States; or
(B) a corporation, partnership, or other nongovern
mental entity which is not a United States person.
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22
(9) Goons AND
TECHNOLOGY.-The terms "goods" and
"technology" have the meanings given those terms in section
16 of the Export Administration Act of 1979 (50 U.S.C. App.
2415).
(10) INVESTMENT.-The term "investment" means any of
the following activities if such activity is undertaken pursuant
to an agreement, or pursuant to the exercise of rights under
such an agreement, that is entered into with the Government
of Iran or a nongovernmental entity in Iran on or after the
date of the enactment of this Act:
(A) The entry into a contract that includes responsi
bility for the development of petroleum resources located
in Iran, or the entry into a contract providing for the gen
eral supervision and guarantee of another person's per
formance of such a contract.
(B) The purchase of a share of ownership, including an
equity interest, in that development.
(C) The entry into a contract providing for the partici
pation in royalties, earnings, or profits in that develop
ment, without regard to the form of the participation.
For purposes of this paragraph, an amendment or other modi
fication that is made, on or after June 13, 2001, to an agree
ment or contract shall be treated as the entry of an agreement
or contract.
(11) IRAN.-The term "Iran" includes any agency or instru
mentality of Iran.
(12) IRANIAN DIPLOMATS AND
REPRESENTATIVES OF OTHER
GOVERNMENT AND MILITARY OR QUASI-GOVERNMENTAL INSTITU
TIONS OF IRAN.-The term "Iranian diplomats and representa
tives of other government and military or quasi-governmental
institutions of Iran" includes employees, representatives, or af
filiates of Iran's-
(A) Foreign Ministry;
(B) Ministry of Intelligence and Security;
(C) Revolutionary Guard Corps;
(D) Crusade for Reconstruction;
(E) Qods (Jerusalem) Forces;
(F) Interior Ministry;
(G) Foundation for the Oppressed and Disabled;
(H) Prophet's Foundation;
(I) June 5th Foundation;
(J) Martyr's Foundation;
(K) Islamic Propagation Organization; and
(L) Ministry of Islamic Guidance.
(13) KNOWINGLY.-The term "knowingly", with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(14) NUCLEAR EXPLOSIVE DEVICE.-The term "nuclear ex
plosive device" means any device, whether assembled or dis
assembled, that is designed to produce an instantaneous re
lease of an amount of nuclear energy from special nuclear ma
terial (as defined in section ll(aa) of the Atomic Energy Act of
1954) that is greater than the amount of energy that would be
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Iran Sanctions, 1996 (P.L. 104--172; 50 U.S.C. 170 ...
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released from the detonation of one pound of trinitrotoluene
(TNT).
(15) PERSON.
(A) IN GENERAL.-The term "person" means
(i) a natural person;
(ii) a corporation, business association, partner
ship, society, trust, financial institution, insurer, un
derwriter, guarantor, and any other business organiza
tion, any other nongovernmental entity, organization,
or group, and any governmental entity operating as a
business enterprise; and
(iii) any successor to any entity described in
clause (ii).
(B) APPLICATION TO GOVERNMENTAL ENTITIES.-The
term "person" does not include a government or govern
mental entity that is not operating as a business enter
prise.
(16) PETROCHEMICAL PRODUCT.-The term "petrochemical
product" includes any aromatic, olefin, or synthesis gas, and
any derivative of such a gas, including ethylene, propylene, bu
tadiene, benzene, toluene, xylene, ammonia, methanol, and
urea.
(17) PETROLEUM RESOURCES.-The term "petroleum re
sources" includes petroleum, refined petroleum products, oil or
liquefied natural gas, natural gas resources, oil or liquefied
natural gas tankers, and products used to construct or main
tain pipelines used to transport oil or liquefied natural gas.
(18) REFINED PETROLEUM PRODUCTS.-The term "refined
petroleum products" means diesel, gasoline, jet fuel (including
naphtha-type and kerosene-type jet fuel), and aviation gaso
line.
(19) SERVICES.- The term "services" includes software,
hardware, financial, professional consulting, engineering, and
specialized energy information services, energy-related tech
nical assistance, and maintenance and repairs.
(20) UNITED STATES OR STATE.-The term "United States"
or "State" means the several States, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, the
United States Virgin Islands, and any other territory or posses
sion of the United States.
(21) UNITED STATES PERSON.-The term "United States
person" means-
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States; and
(B) a corporation or other legal entity which is orga
nized under the laws of the United States, any State or
territory thereof, or the District of Columbia, if natural
persons described in subparagraph (A) own, directly or in
directly, more than 50 percent of the outstanding capital
stock or other beneficial interest in such legal entity.
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Annex 16
U.S. Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010, Pub.
L. 111-195, 124 Stat. 1312, as amended through Pub. L. 112-239, 126 Stat. 1632

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COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY,
AND DIVESTMENT ACT OF 2010
[Public Law 111-195, Enacted July 1, 2010]
[As Amended Through P.L. 112--239, Enacted January 2, 2013]
AN ACT To amend the Iran Sanctions Act of 1996 to enhance United States diplo
matic efforts with respect to Iran by expanding economic sanctions against Iran.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1
(a) (22 U.S.C. 8501 note] SHORT TITLE.This Act may be cited
as the "Comprehensive Iran Sanctions, Accountability, and Divest
ment Act of 2010
(b) TABLE OF CONTENTS.-The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress regarding the need to impose additional sanctions with
respect to Iran.
TITLE I-SANCTIONS
Sec. 101. Definitions.
Sec. 102. Expansion of sanctions under the Iran Sanctions Act of 1996.
Sec. 103. Economic sanctions relating to Iran.
Sec. 104. Mandatory sanctions with respect to financial institutions that engage in
certain transactions.
Sec. 104A.Expansion of, and reports on, mandatory sanctions with respect to finan
cial institutions that engage in certain activities.
Sec. 105. Imposition of sanctions on certain persons who are responsible for or
complicit in human rights abuses committed against citizens of Iran or
their family members after the June 12, 2009, elections in Iran.
Sec. 105A. Imposition of sanctions with respect to the transfer of goods or tech
nologies to Iran that are likely to be used to commit human rights
abuses.
Sec. 105B. Imposition of sanctions with respect to persons who engage in censor
ship or other related activities against citizens of Iran.
Sec. 105C. Imposition of sanctions with respect to persons engaged in the diversion
of goods intended for the people of Iran.
Sec. 106. Prohibition on procurement contracts with persons that export sensitive
technology to Iran.
Sec. 107. Harmonization of criminal penalties for violations of sanctions.
Sec. 108. Authority to implement United Nations Security Council resolutions im
posing sanctions with respect to Iran.
Sec. 109. Increased capacity for efforts to combat unlawful or terrorist financing.
Sec. 110. Reports on investments in the energy sector of Iran.
Sec. 111. Reports on certain activities of foreign export credit agencies and of the
Export-Import Bank of the United States.
Sec. 112. Sense of Congress regarding Iran's Revolutionary Guard Corps and its af
filiates.
1
See sunset provisions in section 401(a).
November 17, 2014
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Sec. 2
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND ...
2
Sec. 113. Sense of Congress regarding Iran and Hezbollah.
Sec. 114. Sense of Congress regarding the imposition of multilateral sanctions with
respect to Iran.
Sec. 115. Report on providing compensation for victims of international terrorism.
TITLE II-DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN
Sec. 201. Definitions.
Sec. 202. Authority of State and local governments to divest from certain compa
nies that invest in Iran.
Sec. 203. Safe harbor for changes of investment policies by asset managers.
Sec. 204. Sense of Congress regarding certain ERISA plan investments.
Sec. 205. Technical corrections to Sudan Accountability and Divestment Act of
2007.
TITLE III-PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES,
AND TECHNOLOGIES TO IRAN
301. Definitions.
302. Identification of countries of concern with respect to the diversion of cer
tain goods, services, and technologies to or through Iran.
303. Destinations of Diversion Concern.
304. Re_p_ort on expanding diversion concern system to address the diversion of
United States origin goods, services, and technologies to certain coun
tries other than Iran.
305. Enforcement authority.
TITLE IV-GENERAL
PROVISIONS
Sec. 401. General provisions.
Sec. 402. Determination of budgetary effects.
Sec.
Sec.
Sec.
Sec.
Sec.
SEC. 2. 122 U.S.C. 8501] FINDINGS.
Congress makes the following findings:
(1) The illicit nuclear activities of the Government of Iran,
combined with its development of unconventional weapons and
ballistic missiles and its support for international terrorism,
represent a threat to the security of the United States, its
strong ally Israel, and other allies of the United States around
the world.
(2) The United States and other responsible countries have
a vital interest in working together to prevent the Government
of Iran from acquiring a nuclear weapons capability.
(3) The International Atomic Energy Agency has repeat
edly called attention to Iran's illicit nuclear activities and, as
a result, the United Nations Security Council has adopted a
range of sanctions designed to encourage the Government of
Iran to suspend those activities and comply with its obligations
under the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow July 1, 1968, and
entered into force March 5, 1970 (commonly known as the "Nu
clear Non-Proliferation Treaty").
(4) The serious and urgent nature of the threat from Iran
demands that the United States work together with its allies
to do everything possible-diplomatically, politically, and eco
nomically-to prevent Iran from acquiring a nuclear weapons
capability.
(5) The United States and its major European allies, in
cluding the United Kingdom, France, and Germany, have advo
cated that sanctions be strengthened should international dip
lomatic efforts fail to achieve verifiable suspension of Iran's
uranium enrichment program and an end to its nuclear weap
ons program and other illicit nuclear activities.
November 17, 2014
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3
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND ...
Sec. 2
(6) The Government of Iran continues to engage in serious,
systematic, and ongoing violations of human rights, including
suppression of freedom of expression and religious freedom, il
legitimately prolonged detention, torture, and executions. Such
violations have increased in the aftermath of the fraudulent
presidential election in Iran on June 12, 2009.
(7) The Government of Iran has been unresponsive to
President Obama's unprecedented and serious efforts at en
gagement, revealing that the Government of Iran is not inter
ested in a diplomatic resolution, as made clear, for example, by
the following:
(A) Iran's apparent rejection of the Tehran Research
Reactor plan, generously offered by the United States and
its partners, of potentially great benefit to the people of
Iran, and endorsed by Iran's own negotiators in October
2009.
(B) Iran's ongoing clandestine nuclear program, as evi
denced by its work on the secret uranium enrichment facil
ity at Qom, its subsequent refusal to cooperate fully with
inspectors from the International Atomic Energy Agency,
and its announcement that it would build 10 new uranium
enrichment facilities.
(C) Iran's official notification to the International
Atomic Energy Agency that it would enrich uranium to the
20 percent level, followed soon thereafter by its providing
to that Agency a laboratory result showing that Iran had
indeed enriched some uranium to 19.8 percent.
(D) A February 18, 2010, report by the International
Atomic Energy Agency expressing "concerns about the pos
sible existence in Iran of past or current undisclosed activi
ties related to the development of a nuclear payload for a
missile. These alleged activities consist of a number of
projects and sub-projects, covering nuclear and missile re
lated aspects, run by military-related organizations.".
(E) A May 31, 2010, report by the International Atom
ic Energy Agency expressing continuing strong concerns
about Iran's lack of cooperation with the Agency's
verification efforts and Iran's ongoing enrichment activi
ties, which are contrary to the longstanding demands of
the Agency and the United Nations Security Council.
(F) Iran's announcement in April 2010 that it had de
veloped a new, faster generation of centrifuges for enrich
ing uranium.
(G) Iran's ongoing arms exports to, and support for,
terrorists in direct contravention of United Nations Secu
rity Council resolutions.
(H) Iran's July 31, 2009, arrest of 3 young citizens of
the United States on spying charges.
(8) There is an increasing interest by State governments,
local governments, educational institutions, and private insti
tutions, business firms, and other investors to disassociate
themselves from companies that conduct business activities in
the energy sector of Iran, since such business activities may di-
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Sec. 3
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND ...
4
rectly or indirectly support the efforts of the Government of
Iran to achieve a nuclear weapons capability.
(9) Black market proliferation networks continue to flour
ish in the Middle East, allowing countries like Iran to gain ac
cess to sensitive dual-use technologies.
(10) Economic sanctions imposed pursuant to the provi
sions of this Act, the Iran Sanctions Act of 1996, as amended
by this Act, and the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), and other authorities available to
the United States to impose economic sanctions to prevent Iran
from developing nuclear weapons, are necessary to protect the
essential security interests of the United States.
SEC. 3. SENSE OF CONGRESS REGARDING THE NEED TO IMPOSE ADDI
TIONAL SANCTIONS WITH RESPECT TO IRAN.
It is the sense of Congress that-
(1) international diplomatic efforts to address Iran's illicit
nuclear efforts and support for international terrorism are
more likely to be effective if strong additional sanctions are im
posed on the Government of Iran;
(2) the concerns of the United States regarding Iran are
strictly the result of the actions of the Government of Iran;
(3) the revelation in September 2009 that Iran is devel
oping a secret uranium enrichment site on a base of Iran's
Revolutionary Guard Corps near Qom, which appears to have
no civilian application, highlights the urgency that Iran-
(A) disclose the full nature of its nuclear program, in
eluding any other secret locations; and
(B) provide the International Atomic Energy Agency
unfettered access to its facilities pursuant to Iran's legal
obligations under the Treaty on the Non-Proliferation of
Nuclear Weapons, done at Washington, London, and Mos
cow July 1, 1968, and entered into force March 5, 1970
(commonly known as the "Nuclear Non-Proliferation Trea
ty") and Iran's safeguards agreement with the Inter
national Atomic Energy Agency;
(4) because of the involvement of Iran's Revolutionary
Guard Corps in Iran's nuclear program, international ter
rorism, and domestic human rights abuses, the President
should impose the full range of applicable sanctions on-
(A) any individual or entity that is an agent, alias,
front, instrumentality, representative, official, or affiliate
of Iran's Revolutionary Guard Corps; and
(B) any individual or entity that has conducted any
commercial transaction or financial transaction with an in
dividual or entity described in subparagraph (A);
(5) additional measures should be adopted by the United
States to prevent the diversion of sensitive dual-use tech
nologies to Iran;
(6) the President should-
(A) continue to urge the Government of Iran to respect
the internationally recognized human rights and religious
freedoms of its citizens;
(B) identify the officials of the Government of Iran and
other individuals who are responsible for continuing and
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5
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND ...
Sec. 3
severe violations of human rights and religious freedom in
Iran; and
(C) take appropriate measures to respond to such vio
lations, including by-
(i) prohibiting officials and other individuals the
President identifies as being responsible for such vio
lations from entry into the United States; and
(ii) freezing the assets of the officials and other in
dividuals described in clause (i);
(7) additional funding should be provided to the Secretary
of State to document, collect, and disseminate information
about human rights abuses in Iran, including serious abuses
that have taken place since the presidential election in Iran on
June 12, 2009;
(8) with respect to nongovernmental organizations based in
the United States-
(A) many of such organizations are essential to pro
moting human rights and humanitarian goals around the
world;
(B) it is in the national interest of the United States
to allow responsible nongovernmental organizations based
in the United States to establish and carry out operations
in Iran to promote civil society and foster humanitarian
goodwill among the people of Iran; and
(C) the United States should ensure that the organiza
tions described in subparagraph (B) are not unnecessarily
hindered from working in Iran to provide humanitarian,
human rights, and people-to-people assistance, as appro
priate, to the people of Iran;
(9) the United States should not issue a license pursuant
to an agreement for cooperation (as defined in section 11 b. of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(b))) for the ex
port of nuclear material, facilities, components, or other goods,
services, or technology that are or would be subject to such an
agreement to a country that is providing similar nuclear mate
rial, facilities, components, or other goods, services, or tech
nology to another country that is not in full compliance with
its obligations under the Nuclear Non-Proliferation Treaty, in
cluding its obligations under the safeguards agreement be
tween that country and the International Atomic Energy Agen
cy, unless the President determines that the provision of such
similar nuclear material, facilities, components, or other goods,
services, or technology to such other country does not under
mine the nonproliferation policies and objectives of the United
States; and
(10) the people of the United States-
(A) have feelings of friendship for the people of Iran;
(B) regret that developments in recent decades have
created impediments to that friendship; and
(C) hold the people of Iran, their culture, and their an
cient and rich history in the highest esteem.
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Sec. 101 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
6
TITLE I-SANCTIONS
SEC. 101. [22 U.S.C. 8511] DEFINITIONS.
In this title:
(1) AGRICULTURAL COMMODITY.-The term "agricultural
commodity" has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term
"appropriate congressional committees" has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996 (Pub
lic Law 104-172; 50 U.S.C. 1701 note), as amended by section
102 of this Act.
(3) EXECUTIVE AGENCY.-The term "executive agency" has
the meaning given that term in section 133 of title 41, United
States Code.
(4) FAMILY MEMBER.-The term "family member means,
with respect to an individual, a spouse, child, parent, sibling,
grandchild, or grandparent of the individual.
(5) IRANIAN DIPLOMATS AND
REPRESENTATIVES OF OTHER
GOVERNMENT AND MILITARY OR QUASI-GOVERNMENTAL INSTITU
TIONS OF IRAN.-The term "Iranian diplomat or representative
of another government or military or quasi-governmental insti
tution of Iran" means any of the Iranian diplomats and rep
resentatives of other government and military or quasi-govern
mental institutions of Iran (as that term is defined in section
14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note)).
(6) KNOWINGLY.The term "knowingly", with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) MEDICAL DEVICE.-The term "medical device" has the
meaning given the term "device" in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(8) MEDICINE.-The term "medicine" has the meaning
given the term "drug" in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(9) STATE.-The term "State" means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and
any other territory or possession of the United States.
(10) UNITED STATES PERSON.-The term "United States
person" means-
(A) a natural person who is a citizen or resident of the
United States or a national of the United States (as de
fined in section 101a) of the Immigration and Nationality
Act (8 U.S.C. llOl(a)); and
(B) an entity that is organized under the laws of the
United States or any State.
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7
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 102
SEC. 102. EXPANSION OF SANCTIONS UNDER THE IRAN SANCTIONS
ACT OF 1996.
(a) IN GENERAL.Section 5 of the Iran Sanctions Act of 1996
(Public Law 104--172; 50 U.S.C. 1701 note) is amended-
(1) by striking subsection (a) and inserting the following:
"(a) SANCTIONS WITH
RESPECT TO THE DEVELOPMENT OF PE
TROLEUM RESOURCES OF IRAN, PRODUCTION OF REFINED PETRO
LEUM PRODUCTS IN IRAN, AND EXPORTATION OF REFINED PETRO
LEUM PRODUCTS TO IRAN.
"(1) DEVELOPMENT OF PETROLEUM RESOURCES OF IRAN.-
"(A) IN GENERAL.-Except as provided in subsection
(f, the President shall impose 3 or more of the sanctions
described in section 6(a) with respect to a person if the
President determines that the person knowingly, on or
after the date of the enactment of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010-
"(i) makes an investment described in subpara
graph (B) of $20,000,000 or more; or
"(ii) makes a combination of investments described
in subparagraph (B) in a 12-month period if each such
investment is of at least $5,000,000 and such invest
ments equal or exceed $20,000,000 in the aggregate.
"(B) INVESTMENT DESCRIBED.-An investment de-
scribed in this subparagraph is an investment that directly
and significantly contributes to the enhancement of Iran's
ability to develop petroleum resources.
"(2) PRODUCTION OF REF INED PETROLEUM PRODUCTS.-
"(A) IN GENERAL.-Except as provided in subsection
(f), the President shall impose 3 or more of the sanctions
described in section 6(a) with respect to a person if the
President determines that the person knowingly, on or
after the date of the enactment of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010,
sells, leases, or provides to Iran goods, services, tech
nology, information, or support described in subparagraph
(B)-
"(i) any of which has a fair market value of
$1,000,000 or more; or
"(ii) that, during a 12-month period, have an ag
gregate fair market value of $5,000,000 or more.
"(B) GOODS, SERVICES, TECHNOLOGY, INFORMATION, OR
SUPPORT DESCRIBED.-Goods, services, technology, informa
tion, or support described in this subparagraph are goods,
services, technology, information, or support that could di
rectly and significantly facilitate the maintenance or ex
pansion of Iran's domestic production of refined petroleum
products, including any direct and significant assistance
with respect to the construction, modernization, or repair
of petroleum refineries.
"(3) EXPORTATION OF REFINED PETROLEUM PRODUCTS TO
IRAN.-
"(A) IN GENERAL.-Except as provided in subsection
(f), the President shall impose 3 or more of the sanctions
described in section 6(a) with respect to a person if the
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Sec. 102 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
8
President determines that the person knowingly, on or
after the date of the enactment of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010-
"(i) sells or provides to Iran refined petroleum
products-
"(I) that have a fair market value of
$1,000,000 or more; or
"(II) that, during a 12-month period, have an
aggregate fair market value of $5,000,000 or more;
or
"(ii) sells, leases, or provides to Iran goods, serv
ices, technology, information, or support described in
subparagraph (B)-
"(I) any of which has a fair market value of
$1,000,000 or more; or
"(II) that, during a 12-month period, have an
aggregate fair market value of $5,000,000 or more.
"(B) Goons, SERVICES, TECHNOLOGY, INFORMATION, OR
SUPPORT DESCRIBED.-Goods, services, technology, informa
tion, or support described in this subparagraph are goods,
services, technology, information, or support that could di
rectly and significantly contribute to the enhancement of
Iran's ability to import refined petroleum products, includ
ing-
"(i) except as provided in subparagraph (C), un
derwriting or entering into a contract to provide insur
ance or reinsurance for the sale, lease, or provision of
such goods, services, technology, information, or sup
port;
"(ii) financing or brokering such sale, lease, or pro
vision; or
"(iii) providing ships or shipping services to de
liver refined petroleum products to Iran.
"(C) EXCEPTION FOR UNDERWRITERS AND INSURANCE
PROVIDERS EXERCISING DUE DILIGENCE.-The President
may not impose sanctions under this paragraph with re
spect to a person that provides underwriting services or in
surance or reinsu rance if the President determines that
the person has exercised due diligence in establishing and
enforcing official policies, procedures, and controls to en
sure that the person does not underwrite or enter into a
contract to provide insurance or reinsurance for the sale,
lease, or provision of goods, services, technology, informa
tion, or support described in subparagraph (B).";
(2) in subsection (b)-
(A) by redesignating paragraphs (1) and (2) as sub
paragraphs (A) and (B), respectively, and moving such sub
paragraphs, as so redesignated, 2 ems to the right;
(B) by striking "The President shall impose" and in
serting the following:
"(1) IN GENERAL.-The President shall impose; and
(C) in paragraph (1), as redesignated by subparagraph
(B) of this paragraph, by striking "two or more" and all
that follows through "of this Act" and inserting 3 or more
November 17, 2014
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9
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 102
of the sanctions described in section 6(a) if the President
determines that a person has, on or after the date of the
enactment of the Comprehensive Iran Sanctions, Account
ability, and Divestment Act of 2010; and
(D) by adding at the end the following:
"(2) ADDITIONAL MANDATORY SANCTIONS RELATING TO
TRANSFER OF NUCLEAR TECHNOLOGY.-
"(A) IN GENERAL.-Except as provided in subpara
graphs (B) and (C), in any case in which a person is sub
ject to sanctions under paragraph (1) because of an activity
described in that paragraph that relates to the acquisition
or development of nuclear weapons or related technology
or of missiles or advanced conventional weapons that are
designed or modified to deliver a nuclear weapon, no li
cense may be issued for the export, and no approval may
be given for the transfer or retransfer, directly or indi
rectly, to the country the government of which has primary
jurisdiction over the person, of any nuclear material, facili
ties, components, or other goods, services, or technology
that are or would be subject to an agreement for coopera
tion between the United States and that government.
"(B) EXCEPTION.The sanctions described in subpara
graph (A) shall not apply with respect to a country the
government of which has primary jurisdiction over a per
son that engages in an activity described in that subpara
graph if the President determines and notifies the appro
priate congressional committees that the government of
the country-
"(i) does not know or have reason to know about
the activity; or
"(ii) has taken, or is taking, all reasonable steps
necessary to prevent a recurrence of the activity and
to penalize the person for the activity.
"(C) INDIVIDUAL APPROVAL.-Notwithstanding sub
paragraph (A), the President may, on a case-by-case basis,
approve the issuance of a license for the export, or approve
the transfer or retransfer, of any nuclear material, facili
ties, components, or other goods, services, or technology
that are or would be subject to an agreement for coopera
tion, to a person in a country to which subparagraph (A)
applies (other than a person that is subject to the sanc
tions under paragraph (1)) if the President-
"(i) determines that such approval is vital to the
national security interests of the United States; and
"(ii) not later than 15 days before issuing such li
cense or approving such transfer or retransfer, sub
mits to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Re
lations of the Senate the justification for approving
such license, transfer, or retransfer.
"(D) CONSTRUCTION.-The restrictions in subpara
graph (A) shall apply in addition to all other applicable
procedures, requirements, and restrictions contained in the
Atomic Energy Act of 1954 and other related laws.
November 17, 2014
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Sec. 102 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
10
"(E) DEFINITION.-In this paragraph, the term 'agree
ment for cooperation' has the meaning given that term in
section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(b)).
"(F) APPLICABILITY.-The sanctions under subpara
graph (A) shall apply only in a case in which a person is
subject to sanctions under paragraph (1) because of an ac
tivity described in that paragraph in which the person en
gages on or after the date of the enactment of the Com
prehensive Iran Sanctions, Accountability, and Divestment
Act of 2010.";
(3) in subsection (c)-
(A) by striking "b)" each place it appears and insert
ing "(b)(l)"; and
(B) by striking paragraph (2) and inserting the fol
lowing:
"(2) any person that-
"(A) is a successor entity to the person referred to in
paragraph (1);
"(B) owns or controls the person referred to in para
graph (1), if the person that owns or controls the person
referred to in paragraph (1) had actual knowledge or
should have known that the person referred to in para
graph (1) engaged in the activities referred to in that para
graph; or
(C) is owned or controlled by, or under common own
ership or control with, the person referred to in paragraph
(1), if the person owned or controlled by, or under common
ownership or control with (as the case may be), the person
referred to
in
paragraph (1) knowingly engaged in the ac
tivities referred to in that paragraph."; and
(4) in subsection (f)-
(A) in the matter preceding paragraph (1), by striking
"(b)" and inserting "(b)(l)"; and
(B) in paragraph (2), by striking "section 301(b)(l) of
that Act (19 U.S.C. 2511(b)(l))" and inserting "section
301(b) of that Act (19 U.S.C. 2511(b))".
(b) DESCRIPTION OF SANCTIONS.-Section 6 of such Act is
amended-
(1) by striking "The sanctions to be imposed" and inserting
the following:
"(a) IN GENERAL.- The sanctions to be imposed";
(2) in subsection (a), as redesignated by paragraph (1)
(A) by redesignating paragraph (6) as paragraph (9);
and
(B) by inserting after paragraph (5) the following:
"(6) FOREIGN EXCHANGE.-The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the juris
diction of the United States and in which the sanctioned per
son has any interest.
"(7) BANKING TRANSACTJONS.-The President may, pursu
ant to such regulations as the President may prescribe, pro
hibit any transfers of credit or payments between financial in-
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11
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 102
stitutions or by, through, or to any financial institution, to the
extent that such transfers or payments are subject to the juris
diction of the United States and involve any interest of the
sanctioned person.
"(8) PROPERTY TRANSACTIONS.-The President may, pursu
ant to such regulations as the President may prescribe, pro
hibit any person from-
"(A) acquiring, holding, withholding, using, transfer
ring, withdrawing, transporting, importing, or exporting
any property that is subject to the jurisdiction of the
United States and with respect to which the sanctioned
person has any interest;
"(B) dealing in or exercising any right, power, or privi
lege with respect to such property; or
"(C) conducting any transaction involving such prop
erty."; and
(3) by adding at the end the following:
"(b) ADDITIONAL MEASURE RELATING TO GOVERNMENT CON
TRACTS.-
"(1) MODIFICATION OF FEDERAL ACQUISITION REGULATION.
Not later than 90 days after the date of the enactment of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010, the Federal Acquisition Regulation issued pursu
ant to section 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 421) shall be revised to require a certification
from each person that is a prospective contractor that the per
son, and any person owned or controlled by the person, does
not engage in any activity for which sanctions may be imposed
under section 5.
"(2) REMEDIES.
"(A) IN GENERAL.-If the head of an executive agency
determines that a person has submitted a false certifi
cation under paragraph (1) on or after the date on which
the revision of the Federal Acquisition Regulation required
by this subsection becomes effective, the head of that exec
utive agency shall terminate a contract with such person
or debar or suspend such person from eligibility for Fed
eral contracts for a period of not more than 3 years. Any
such debarment or suspension shall be subject to the pro
cedures that apply to debarment and suspension under the
Federal Acquisition Regulation under subpart 9.4 of part
9 of title 48, Code of Federal Regulations.
"(B) INCLUSION ON LIST OF PARTIES EXCLUDED FROM
FEDERAL PROCUREMENT AND
NONPROCUREMENT PRO
GRAMS.-The Administrator of General Services shall in
clude on the List of Parties Excluded from Federal Pro
curement and Nonprocurement Programs maintained by
the Administrator under part 9 of the Federal Acquisition
Regulation issued pursuant to section 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 421) each per
son that is debarred, suspended, or proposed for debar
ment or suspension by the head of an executive agency on
the basis of a determination of a false certification under
subparagraph (A).
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Sec. 102 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
12
"(3) CLARIFICATION REGARDING CERTAIN PRODUCTS.-The
remedies set forth in paragraph (2) shall not apply with re
spect to the procurement of eligible products, as defined in sec
tion 308(4) of the Trade Agreements Act of 1974 (19 U.S.C.
2518(4)), of any foreign country or instrumentality designated
under section 301(b) of that Act (19 U.S.C. 2511(b)).
"(4) RULE OF CONSTRUCTION.-This subsection shall not be
construed to limit the use of other remedies available to the
head of an executive agency or any other official of the Federal
Government on the basis of a determination of a false certifi
cation under paragraph (1).
"(5) WAIVERS. The President may on a case-by-case basis
waive the requirement that a person make a certification
under paragraph (1) if the President determines and certifies
in writing to the appropriate congressional committees, the
Committee on Armed Services of the Senate, and the Com
mittee on Armed Services of the House of Representatives, that
it is in the national interest of the United States to do so.
"(6) EXECUTIVE AGENCY DEFINED.-ln this subsection, the
term 'executive agency' has the meaning given that term in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
"(7) APPLICABILITY.-The revisions to the Federal Acquisi
tion Regulation required under paragraph (1) shall apply with
respect to contracts for which solicitations are issued on or
after the date that is 90 days after the date of the enactment
of the Comprehensive Iran Sanctions, Accountability, and Di
vestment Act of 2010.".
(c) PRESIDENTIAL WAIVER.-Section 9 of such Act is amended
(1) in subsection (a), by striking "5(b)" each place it ap
pears and inserting "5(b)(l)"; and
(2) in subsection (c)-
(A) by striking "section 5(a) or (b)" each place it ap
pears and inserting "section 5(a) or 5(b)(l)";
(B) in paragraph (1), by striking "important to the na
tional interest" and inserting "necessary to the national in
terest'; and
(C) in paragraph (2), by striking subparagraph (C) and
inserting the following:
"(C) an estimate of the significance of the conduct of
the person in contributing to the ability of Iran to, as the
case may be-
"(i) develop petroleum resources, produce refined
petroleum products, or import refined petroleum prod
ucts; or
"(ii) acquire or develop-
"(!) chemical, biological, or nuclear weapons or
related technologies; or
"(II) destabilizing numbers and types of ad
vanced conventional weapons; and".
(d) REPORTS ON GLOBAL TRADE RELATING TO IRAN.Section 10
of such Act is amended by adding at the end the following:
"(d) REPORTS ON GLOBAL TRADE RELATING TO IRAN.Not later
than 90 days after the date of the enactment of the Comprehensive
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13
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 102
Iran Sanctions, Accountability, and Divestment Act of 2010, and
annually thereafter, the President shall submit to the appropriate
congressional committees a report, with respect to the most recent
12-month period for which data are available, on the dollar value
amount of trade, including in the energy sector, between Iran and
each country maintaining membership in the Group of 20 Finance
Ministers and Central Bank Governors.".
(e) EXTENSION OF IRAN SANCTIONS ACT OF 1996.Section 13(b)
of such Act is amended by striking "December 31, 2011 and insert
ing "December 31, 2016".
(f) CLARIFICATION AND
EXPANSION OF DEFINITIONS.Section 14
of such Act is amended-
( 1) in paragraph (2), by striking "the Committee on Bank
ing and Financial Services, and the Committee on Inter
national Relations" and inserting "the Committee on Financial
Services, and the Committee on Foreign Affairs";
(2) in paragraph (9), in the flush text following subpara
graph (C), by striking "The term 'investment' does not include"
and all that follows through "technology.";
(3) by redesignating paragraphs (12), (13), (14), (15), and
(16) as paragraphs (13), (14), (15), (17), and (18), respectively;
(4) by inserting after paragraph (11) the following:
"(12) KNOWINGLY.The term 'knowingly', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.";
(5) in paragraph (14), as redesignated by paragraph (3) of
this subsection-
(A) by redesignating subparagraphs (A), (B), and (C)
as clauses (i), (ii), and (iii), respectively, and moving such
clauses, as so redesignated, 2 ems to the right;
(B) by striking "The term 'person' means-" and in
serting the following:
"(A) IN GENERAL.-The term person' means-;
(C) in subparagraph (A), as redesignated by this para
graph-
(i) in clause (ii), by inserting "financial institution,
insurer, underwriter, guarantor, and any other busi
ness organization," after "trust,"; and
(ii) in clause (iii), by striking "subparagraph (B"
and inserting "clause (ii); and
(D) by adding at the end the following:
"(B) APPLICATION TO GOVERNMENTAL ENTITIES.-The
term 'person' does not include a government or govern
mental entity that is not operating as a business enter
prise.";
(6) in paragraph (15), as redesignated by paragraph (3) of
this subsection, by striking "petroleum and natural gas re
sources" and inserting "petroleum, refined petroleum products,
oil or liquefied natural gas, natural gas resources, oil or lique
fied natural gas tankers, and products used to construct or
maintain pipelines used to transport oil or liquefied natural
gas"; and
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Sec. 102 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
14
(7) by inserting after paragraph (15), as so redesignated,
the following:
"(16)
REFINED PETROLEUM PRODUCTS.-The term 'refined
petroleum products' means diesel, gasoline, jet fuel (including
naphtha-type and kerosene-type jet fuel), and aviation gaso
line..
(g) WAIVER FOR CERTAIN PERSONS
IN
CERTAIN COUNTRIES;
MANDATORY INVESTIGATIONS
AND
REPORTING; CONFORMING AMEND
4
MENTS.-Section
of such Act is amended-
( 1) in subsection (b)(2), by striking "(in addition to that
provided in subsection (d))";
(2) in subsection (c)-
(A
) in paragraph (1)-
(i) by striking "T
he
President may" a
nd inserting
the foll
owing:
"(A) GENERAL WAIVER.-The President may; and
(ii) b
y adding at the en
d the fo
llow
ing:
"(B) W
AIVE
R WI
TH
RESPECT TO PERSONS IN C
OUN
TRIE
S
TH
AT COOPERATE IN MU
LTILATERAL EFFORTS W
ITH
RESPEC
T
TO IR
AN.
-T
he Pr
esident may,
on a c
ase by c
ase basis,
waive for a period of n
ot more than 12 months the applica
ti
on of
section 5
(a) with respec
t to a person if the Presi
dent, at least 30
days befo
re the waiver is to tak
e eff
ec
t-
"(i) certifies
to the appropriate c
ongressional c
om
mitt
ees that-
"
(I
) the govern
ment with primary
jurisdic
tion
over the person
is closely c
ooperating with the
U
nited S
tates in
multilateral effo
rts to prevent
Ir
an fr
om-
"
(aa) acq
uiring
or developing c
hemic
al, bi
ologi
cal,
or nucl
ear weapons or related tec
h
nologi
es; or
"
(bb
) acqui
ring or developing destabiliz
ing
numb
ers and types of
ad
vanc
ed c
onventional
weapons;
and
"(II)
such a wai
ver is vital to the national se
curi
ty interests of
the U
nited States; and
"
(ii) sub
mits to the appropriate c
ongressional c
om
mitt
ees a report identifyi
ng-
"(!)
the person w
ith respec
t to w
hic
h the
President waives the applic
ation of
sanc
tions; and
"(II)
the actions taken by the govern
ment de
scrib
ed in cl
ause
(i)(I)
to c
oopera
te in multilateral
eff
orts describ
ed in that clause."; and
(B)
by
st
riki
ng pa
ragra
ph (2) a
nd insert
ing t
he fo
l
low
ing:
"(2) SUBSEQUENT RENEWAL OF WAIVER.-At the conclusion
of
the period of a waiver und
er subparagraph (A)
or
(B)
of
paragraph
(1),
the Pr
esident may renew
the w
aiver-
"
(A) if
the P
resident determines, in acc
ordanc
e w
ith
sub
para
graph (A
) or (B)
of
that para
graph (as the c
ase
may be), that the wai
ver is appropriate; and
November 17, 2014
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15
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 102
"(B)(i) in the case of a waiver under subparagraph (A)
of paragraph (1), for subsequent periods of not more than
six months each; and
"(ii) in the case of a waiver under subparagraph (B) of
paragraph (1), for subsequent periods of not more than 12
months each.";
(3) by striking subsection (d);
(4) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(5) in subsection (e), as redesignated by paragraph (4) of
this subsection-
(A) in paragraph (1)-
(i) by striking "should initiate" and inserting
"shall initiate"; and
(ii) by striking "investment activity in Iran as"
and inserting "an activity'';
(B) in paragraph (2)-
(i) by striking "should determine" and inserting
"shall (unless paragraph (3) applies) determine"; and
(ii) by striking "investment activity in Iran as"
and inserting "an activity"; and
(C) by adding at the end the following:
"(3) SPECIAL RULE.-The President need not initiate an in
vestigation, and may terminate an investigation, under this
subsection if the President certifies in writing to the appro
priate congressional committees that-
"(A) the person whose activity was the basis for the in
vestigation is no longer engaging in the activity or has
taken significant verifiable steps toward stopping the ac
tivity; and
"(B) the President has received reliable assurances
that the person will not knowingly engage in an activity
described in section 5(a) in the future.".
(h) EFFECTIVE DATE.
(1) IN GENERAL.-The amendments made by this section
shall-
(A) take effect on the date of the enactment of this
Act; and
(B) except as provided in this subsection or section
6(b)(7) of the Iran Sanctions Act of 1996, as amended by
subsection (b) of this section, apply with respect to an in
vestment or activity described in subsection (a) or (b) of
section 5 of the Iran Sanctions Act of 1996, as amended by
this section, that is commenced on or after such date of en
actment.
(2) APPLICABILITY TO ONGOING INVESTMENTS PROHIBITED
UNDER PRIOR LAW.-A person that makes an investment de
scribed in section 5(a) of the Iran Sanctions Act of 1996, as in
effect on the day before the date of the enactment of this Act,
that is commenced before such date of enactment and con
tinues on or after such date of enactment, shall, except as pro
vided in paragraph (4), be subject to the provisions of the Iran
Sanctions Act of 1996, as in effect on the day before such date
of enactment.
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Sec. 102 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
16
(3) APPLICABILITY TO ONGOING ACTIVITIES RELATING TO
CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS OR RELATED
TECHNOLOGIES.-A person that, before the date of the enact
ment of this Act, commenced an activity described in section
5(b) of the Iran Sanctions Act of 1996, as in effect on the day
before such date of enactment, and continues the activity on or
after such date of enactment , shall be subject to the provisions
of the Iran Sanctions Act of 1996, as amended by this Act.
(4) APPLICABILITY OF MANDATORY INVESTIGATIONS TO IN
VESTMENTS.-The amendments made by subsection (g)(5) of
this section shall apply on and after the date of the enactment
of this Act-
(A) with respect to an investment described in section
5(a)(l) of the Iran Sanctions Act of 1996, as amended by
subsection (a) of this section, that is commenced on or
after such date of enactment; and
(B) with respect to an investment described in section
5(a) of the Iran Sanctions Act of 1996, as in effect on the
day before the date of the enactment of this Act, that is
commenced before such date of enactment and continues
on or after such date of enactment.
(5) APPLICABILITY OF MANDATORY INVESTIGATIONS TO AC
TIVITIES RELATING TO PETROLEUM.-
(A) IN GENERAL.-Except as provided in subparagraph
(B), the amendments made by subsection (g)(5) of this sec
tion shall apply on and after the date that is 1 year after
the date of the enactment of this Act with respect to an ac
tivity described in paragraph (2) or (3) of section 5(a) of
the Iran Sanctions Act of 1996, as amended by subsection
(a) of this section, that is commenced on or after the date
that is 1 year after the date of the enactment of this Act
or the date on which the President fails to submit a certifi
cation that is required under subparagraph (B) (whichever
is applicable).
(B) SPECIAL RULE FOR DELAY OF EFFECTIVE DATE.-
(i) REPORTING REQUIREMENT.-Not later than 30
days before the date that is 1 year after the date of
the enactment of this Act, the President shall submit
to the appropriate congressional committees a report
describing-
(I) the diplomatic and other efforts of the
President-
(aa) to dissuade foreign persons from en
gaging in activities described in paragraph (2)
or (3) of section 5(a) of the Iran Sanctions Act
of 1996, as amended by subsection (a) of this
section; and
(bb) to encourage other governments to
dissuade persons over which those govern
ments have jurisdiction from engaging in such
activities;
(II) the successes and failures of the efforts
described in subclause (I); and
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17
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 102
(III) each investigation under section 4(e) of
the Iran Sanctions Act of 1996, as amended by
subsection (g)(5) of this section and as in effect
pursuant to subparagraph (C) of this paragraph,
or any other review of an activity described in
paragraph (2) or (3) of section 5(a) of the Iran
Sanctions Act of 1996, as amended by subsection
(a) of this section, that is initiated or ongoing dur
ing the period beginning on the date of the enact
ment of this Act and ending on the date on which
the President is required to submit the report.
(ii) CERTIFICATION.-If the President submits to
the appropriate congressional committees, with the re
port required by clause (i), a certification that there
was a substantial reduction in activities described in
paragraphs (2) and (3) of section 5(a) of the Iran Sanc
tions Act of 1996, as amended by subsection (a) of this
section, during the period described in clause (i)(III),
the effective date provided for in subparagraph (A)
shall be delayed for a 180-day period beginning after
the date provided for in that subparagraph.
(iii) SUBSEQUENT REPORTS AND DELAYS.-The ef
fective date provided for in subparagraph (A) shall be
delayed for additional 180-day periods occurring after
the end of the 180-day period provided for under
clause (ii), if, not later than 30 days before the 180-day
period preceding such additional 180-day period ex
pires, the President submits to the appropriate con
gressional committees-
(I) a report containing the matters required in
the report under clause (i) for the period begin
ning on the date on which the preceding report
was required to be submitted under clause (i) or
this clause (as the case may be) and ending on the
date on which the President is required to submit
the most recent report under this clause; and
(II) a certification that, during the period de
scribed in subclause (I), there was (as compared to
the period for which the preceding report was sub
mitted under this subparagraph) a progressive re
duction in activities described in paragraphs (2)
and (3) of section 5(a) of the Iran Sanctions Act of
1996, as amended by subsection (a) of this section.
(iv) CONSEQUENCE OF FAILURE TO CERTIFY.-If the
President does not make a certification at a time re
quired by this subparagraph-
(I) the amendments made by subsection (g)(5)
of this section shall apply on and after the date on
which the certification was required to be sub
mitted by this subparagraph, with respect to an
activity described in paragraph (2) or (3) of section
5(a) of the Iran Sanctions Act of 1996, as amended
by subsection (a) of this section, that-
November 17, 2014
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Sec. 103 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
18
(aa) is referenced in the most recent re
port required to be submitted under this sub
paragraph; or
(bb) is commenced on or after the date on
which such most recent report is required to
be submitted; and
(II) not later than 45 days after the date on
which the certification was required to be sub
mitted by this subparagraph, the President shall
make a determination under paragraph (2) or (3)
of section 5(a) of the Iran Sanctions Act of 1996
(as the case may be), as amended by subsection
(a) of this section, with respect to relevant activi
ties described in subclause (I)(aa).
(C) APPLICABILITY OF PERMISSIVE INVESTIGATIONS.
During the 1-year period beginning on the date of the en
actment of this Act and during any 180-day period during
which the effective date provided for in subparagraph (A)
is delayed pursuant to subparagraph (B), section 4(e) of
the Iran Sanctions Act of 1996, as amended by subsection
(g)(5) of this section, shall be applied, with respect to an
activity described in paragraph (2) or (3) of section 5(a) of
the Iran Sanctions Act of 1996, as amended by subsection
(a) of this section, by substituting "should" for "shall" each
place it appears.
(6) WAIVER AUTHORITY.-The amendments made by sub
section (c) shall not be construed to affect any exercise of the
authority under section 9(c) of the Iran Sanctions Act of 1996,
as in effect on the day before the date of the enactment of this
Act.
SEC. 103. [22 U.S.C. 8512] ECONOMIC SANCTIONS RELATING TO IRAN.
(a) IN GENERAL.Notwithstanding section 101 of the Iran
Freedom Support Act (Public Law 109--293; 120 Stat. 1344), and in
addition to any other sanction in effect, beginning on the date that
is 90 days after the date of the enactment of this Act, the economic
sanctions described in subsection (b) shall apply with respect to
Iran.
(b) SANCTIONS.-The sanctions described in this subsection are
the following:
(1) PROHIBITION ON IMPORTS.-
(A) IN GENERAL.-Except as provided in subparagraph
(B), no good or service of Iranian origin may be imported
directly or indirectly into the United States.
(B) EXCEPTIONS.-The exceptions provided for in sec
tion 203(b) of the International Emergency Economic Pow
ers Act (50 U.S.C. 1702(b)), including the exception for in
formation and informational materials, shall apply to the
prohibition in subparagraph (A) of this paragraph to the
same extent that such exceptions apply to the authority
provided under section 203(a) of that Act.
(2) PROHIBITION ON EXPORTS.-
(A) IN GENERAL.-Except as provided in subparagraph
(B), no good, service, or technology of United States origin
November 17, 2014
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19
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 103
may be exported to Iran from the United States or by a
United States person, wherever located.
(B) EXCEPTIONS.
(i) PERSONAL COMMUNICATIONS; ARTICLES TO RE
LIEVE HUMAN SUFFERING; INFORMATION AND INFORMA
TIONAL MATERIALS; TRANSACTIONS INCIDENT TO TRAV
EL.-The exceptions provided for in section 203(b) of
the International Emergency Economic Powers Act (50
U.S.C. 1702(b)), including the exception for informa
tion and informational materials, shall apply to the
prohibition in subparagraph (A) of this paragraph to
the same extent that such exceptions apply to the au
thority provided under section 203(a) of that Act.
(ii) FOOD; MEDICINE; HUMANITARIAN ASSISTANCE.
The prohibition in subparagraph (A) shall not apply to
the exportation of-
(1) agricultural commodities, food, medicine,
or medical devices; or
(II) articles exported to Iran to provide hu
manitarian assistance to the people of Iran.
(iii) INTERNET COMMUNJCATIONS.-The prohibition
in subparagraph (A) shall not apply to the exportation
of-
(1) services incident to the exchange of per
sonal communications over the Internet or soft
ware necessary to enable such services, as pro
vided for in section 560.540 of title 31, Code of
Federal Regulations (or any corresponding similar
regulation or ruling);
(II) hardware necessary to enable such serv
ices; or
(III) hardware, software, or technology nec
essary for access to the Internet.
(iv) GOODS, SERVICES, OR TECHNOLOGIES NEC
ESSARY TO ENSURE THE SAFE OPERATION OF COMMER
CIAL AIRCRAFT.-The prohibition in subparagraph (A)
shall not apply to the exportation of goods, services, or
technologies necessary to ensure the safe operation of
commercial aircraft produced in the United States or
commercial aircraft into which aircraft components
produced in the United States are incorporated, if the
exportation of such goods, services, or technologies is
approved by the Secretary of the Treasury, in con
sultation with the Secretary of Commerce, pursuant to
regulations issued by the Secretary of the Treasury re
garding the exportation of such goods, services, or
technologies, if appropriate.
(v) Goons, SERVICES, OR TECHNOLOGIES EXPORTED
TO SUPPORT INTERNATIONAL ORGANIZATIONS.-The pro
hibition in subparagraph (A) shall not apply to the ex
portation of goods, services, or technologies that-
(1) are provided to the International Atomic
Energy Agency and are necessary to support ac
tivities of that Agency in Iran; or
November 17, 2014
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Sec. 103 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
20
(II) are necessary to support activities, includ
ing the activities of nongovernmental organiza
tions, relating to promoting democracy in Iran.
(vi) EXPORTS
IN
THE NATIONAL INTEREST.-The
prohibition in subparagraph (A) shall not apply to the
exportation of goods, services, or technologies if the
President determines the exportation of such goods,
services, or technologies to be in the national interest
of the United States.
(3) FREEZING ASSETS.
(A) IN GENERAL.-At such time as the President deter
mines that a person in Iran, including an Iranian diplomat
or representative of another government or military or
quasi-governmental institution of Iran (including Iran's
Revolutionary Guard Corps and its affiliates), satisfies the
criteria for designation with respect to the imposition of
sanctions under the authority of the International Emer
gency Economic Powers Act (50 U.S.C. 1701 et seq.), the
President shall take such action as may be necessary to
freeze, as soon as possible-
(i) the funds and other assets belonging to that
person; and
(ii) any funds or other assets that person trans
fers, on or after the date on which the President deter
mines the person satisfies such criteria, to any family
member or associate acting for or on behalf of the per
son.
(B) REPORTS TO THE OFFICE OF FOREIGN ASSETS CON
TROL.The action described in subparagraph (A) includes
requiring any United States financia institution that
holds funds or assets of a person described in that sub
paragraph or funds or assets that person transfers to a
family member or associate described in that subpara
graph to report promptly to the Office of Foreign Assets
Control information regarding such funds and assets.
(C) REPORTS TO CONGRESS.-Not later than 14 days
after a decision is made to freeze the funds or assets of
any person under subparagraph (A), the President shall
report the name of the person to the appropriate congres
sional committees. Such a report may contain a classified
annex. (D)
TERMINATION.-The President shall release assets
or funds frozen under subparagraph (A) if the person to
which the assets or funds belong or the person that trans
fers the assets or funds as described in subparagraph
(A)(ii) (as the case may be) no longer satisfies the criteria
for designation with respect to the imposition of sanctions
under the authority of the International Emergency Eco
nomic Powers Act (50 U.S.C. 1701 et seq.).
(E) UNITED STATES FINANCIAL INSTITUTION DEFINED.

rm "
United States financial insti
tution
"
means a fin
an
cial institution (as defined in section
14 of the Iran Sanctions Act of 1
996
(Public
L
a
w 10
4
17
2;
In this paragraph, the te
50 U.S.C. 1701 note)) that is a United States person.
November 17, 2014
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21
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 104
(c) PENALTIES.The penalties provided for in subsections (b)
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) shall apply to a person that violates,
attempts to violate, conspires to violate, or causes a violation of
this section or regulations prescribed under this section to the
same extent that such penalties apply to a person that commits an
unlawful act described in section 206(a) of that Act.
(d) REGULATORY AUTHORITY.
(1) IN GENERAL.The President shall prescribe regulations
to carry out this section, which may include regulatory excep
tions to the sanctions described in subsection (b).
(2) APPLICABILITY OF CERTAIN REGULATIONS.-No exception
to the prohibition under subsection (b)(l) may be made for the
commercial importation of an Iranian origin good described in
section 560.534(a) of title 31, Code of Federal Regulations (as
in effect on the day before the date of the enactment of this
Act), unless the President-
(A) prescribes a regulation providing for such an ex
ception on or after the date of the enactment of this Act;
and
(B) submits to the appropriate congressional commit
tees-
(i) a certification in writing that the exception is
in the national interest of the United States; and
(ii) a report describing the reasons for the excep
tion.
SEC. 104. 122 U.S.C. 8513] MANDATORY SANCTIONS WITH RESPECT TO
FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN
TRANSACTIONS.
(a) FINDINGS.-Congress makes the following findings:
(1) The Financial Action Task Force is an intergovern
mental body whose purpose is to develop and promote national
and international policies to combat money laundering and ter
rorist financing.
(2) Thirty-three countries, plus the European Commission
and the Cooperation Council for the Arab States of the Gulf,
belong to the Financial Action Task Force. The member coun
tries of the Financial Action Task Force include the United
States, Canada, most countries in western Europe, Russia, the
People's Republic of China, Japan, South Korea, Argentina,
and Brazil.
(3) In 2008 the Financial Action Task Force extended its
mandate to include addressing "new and emerging threats
such as proliferation financing", meaning the financing of the
proliferation of weapons of mass destruction, and published
"guidance papers" for members to assist them in implementing
various United Nations Security Council resolutions dealing
with weapons of mass destruction, including United Nations
Security Council Resolutions 1737 (2006) and 1803 (2008),
which deal specifically with proliferation by Iran.
(4) The Financial Action Task Force has repeatedly called
on members-
(A) to advise financial institutions in their jurisdic
tions to give special attention to business relationships and
November 17, 2014
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Sec. 104 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
22
transactions with Iran, including Iranian companies and
financial institutions;
(B) to apply effective countermeasures to protect their
financial sectors from risks relating to money laundering
and financing of terrorism that emanate from Iran;
(C) to protect against correspondent relationships
being used by Iran and Iranian companies and financial
institutions to bypass or evade countermeasures and risk
mitigation practices; and
(D) to take into account risks relating to money laun
dering and financing of terrorism when considering re
quests by Iranian financial institutions to open branches
and subsidiaries in their jurisdictions.
(5) At a February 2010 meeting of the Financial Action
Task Force, the Task Force called on members to apply coun
termeasures "to protect the international financial system from
the ongoing and substantial money laundering and terrorist fi
nancing (ML/TF) risks" emanating from Iran.
(b) SENSE OF CONGRESS REGARDING THE IMPOSITION OF SANC
TIONS ON THE
CENTRAL BANK OF IRAN.Congress
(1) acknowledges the efforts of the United Nations Security
Council to impose limitations on transactions involving Iranian
financial institutions, including the Central Bank of Iran; and
(2) urges the President, in the strongest terms, to consider
immediately using the authority of the President to impose
sanctions on the Central Bank of Iran and any other Iranian
financial institution engaged in proliferation activities or sup
port of terrorist groups.
(&) PROHIBITIONS AND CONDITIONS WITH
RESPECT TO CERTAIN
ACCOUNTS HELD BY
FOREIGN FINANCIAL INSTITUTIONS.
(1) IN GENERAL.-Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
prescribe regulations to prohibit, or impose strict conditions on,
the opening or maintaining in the United States of a cor
respondent account or a payable-through account by a foreign
financial institution that the Secretary finds knowingly en
gages in an activity described in paragraph (2).
(2) ACTIVITIES DESCRIBED.-A foreign financial institution
engages in an activity described in this paragraph if the for
eign financial institution-
(A) facilitates the efforts of the Government of Iran
(including efforts of Iran's Revolutionary Guard Corps or
any of its agents or affiliates)-
(i) to acquire or develop weapons of mass destruc
tion or delivery systems for weapons of mass destruc
tion; or
(ii) to provide support for organizations designated
as foreign terrorist organizations under section 219(a)
of the Immigration and Nationality Act (8 U.S.C.
1189(a)) or support for acts of international terrorism
(as defined in section 14 of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note));
(B) facilitates the activities of-
November 17, 2014
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23
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 104
(i) a person subject to financial sanctions pursuant
to United Nations Security Council Resolution 1737
(2006), 1747 (2007), 1803 (2008), or 1929 (2010), or
any other resolution that is agreed to by the Security
Council and imposes sanctions with respect to Iran; or
(ii) a person acting on behalf of or at the direction
of, or owned or controlled by, a person described in
clause (i);
(C) engages in money laundering to carry out an activ
ity described in subparagraph (A) or (B);
(D) facilitates efforts by the Central Bank of Iran or
any other Iranian financial institution to carry out an ac
tivity described in subparagraph (A) or (B); or
(E) facilitates a significant transaction or transactions
or provides significant financial services for-
(i) Iran's Revolutionary Guard Corps or any of its
agents or affiliates whose property or interests in
property are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.); or
(ii) a person whose property or interests in prop
erty are blocked pursuant to that Act in connection
with-
(1) Iran's proliferation of weapons of mass de
struction or delivery systems for weapons of mass
destruction; or
(II) Iran's support for international terrorism.
(3) PENALTIES.The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency Eco
nomic Powers Act (50 U.S.C. 1705) shall apply to a person that
violates, attempts to violate, conspires to violate, or causes a
violation of regulations prescribed under paragraph (1) of this
subsection to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206(a) of that Act.
(4) DETERMINATIONS REGARDING NIOC AND NITC.-
(A) DETERMINATIONS.For purposes of paragraph
(2)(E), the Secretary of the Treasury shall, not later than
45 days after the date of the enactment of the Iran Threat
Reduction and Syria Human Rights Act of 2012-
(i) determine whether the NIOC or the NITC is an
agent or affiliate of Iran's Revolutionary Guard Corps;
and
(ii) submit to the appropriate congressional com
mittees a report on the determinations made under
clause (i), together with the reasons for those deter
minations.
(B) FORM OF REPORT.-A report submitted under sub
paragraph (A)(ii) shall be submitted in unclassified form
but may contain a classified annex.
(C) APPLICABILITY WITH RESPECT TO PETROLEUM
TRANSACTIONS.-
(i) APPLICATION OF SANCTIONS.Except as pro
vided in clause (ii), if the Secretary of the Treasury de-
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Sec. 104 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
24
termines that the NIOC or the NITC is a person de
scribed in
clause (i) or (ii) of paragraph (2)(E), the reg
ulations prescribed under paragraph (1) shall apply
with respect to a significant transaction or trans
actions or significant financial services knowingly fa
cilitated or provided by a foreign financial institution
for the NIOC or the NITC, as applicable, for the pur
chase of petroleum or petroleum products from Iran,
only if a determination of the President under section
1245(d)(4)(B) of the National Defense Authorization
Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B))
that there is a sufficient supply of petroleum and pe
troleum products produced in countries other than
Iran to permit purchasers of petroleum and petroleum
products from Iran to reduce significantly their pur
chases from Iran is in effect at the time of the trans
action or the provision of the service.
(ii) EXCEPTION FOR CERTAIN COUNTRIES.-If the
Secretary of the Treasury determines that the NIOC
or the NITC is a person described in clause (i) or (ii)
of paragraph (2)(E), the regulations prescribed under
paragraph (1) shall not apply to a significant trans
action or transactions or significant financial services
knowingly facilitated or provided by a foreign financial
institution for the NIOC or the NITC, as applicable,
for the purchase of petroleum or petroleum products
from Iran if an exception under paragraph (4)(D) of
section 1245(d) of the National Defense Authorization
Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) applies
to the country with primary jurisdiction over the for
eign financial institution at the time of the transaction
or the provision of the service.
(iii) RULE OF CONSTRUCTION.-The exceptions in
clauses (i) and (ii) shall not be construed to limit the
authority of the Secretary of the Treasury to impose
sanctions pursuant to the regulations prescribed under
paragraph (1) for an activity described in paragraph
(2) to the extent the activity would meet the criteria
described in that paragraph in the absence of the in
volvement of the NIOC or the NITC.
(D) DEFINITIONS.In this paragraph:
(i) NIOC.The term "NIOC means the National
Iranian Oil Company.
(ii) NITC.The term "NITC" means the National
Iranian Tanker Company.
(d) PENALTIES FOR DOMESTIC FINANCIAL INSTITUTIONS FOR AC
TIONS OF PERSONS OWNED OR CONTROLLED BY
SUCH FINANCIAL IN
STITUTIONS.-
(1) IN GENERAL.-Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
prescribe regulations to prohibit any person owned or con
trolled by a domestic financial institution from knowingly en
gaging in a transaction or transactions with or benefitting
Iran's Revolutionary Guard Corps or any of its agents or affili-
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25
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 104
ates whose property or interests in property are blocked pursu
ant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
(2) PENALTIES.The penalties provided for in section
206(b) of the International Emergency Economic Powers Act
(50 U.S.C. 1705(b)) shall apply to a domestic financial institu
tion to the same extent that such penalties apply to a person
that commits an unlawful act described in section 206(a) of
that Act if-
(A) a person owned or controlled by the domestic fi
nancial institution violates, attempts to violate, conspires
to violate, or causes a violation of regulations prescribed
under paragraph (1) of this subsection; and
(B) the domestic financial institution knew or should
have known that the person violated, attempted to violate,
conspired to violate, or caused a violation of such regula
tions.
(e) REQUIREMENTS FOR FINANCIAL INSTITUTIONS MAINTAINING
ACCOUNTS FOR FOREIGN FINANCIAL INSTITUTIONS.
( 1) IN GENERAL.-The Secretary of the Treasury shall pre
scribe regulations to require a domestic financial institution
maintaining a correspondent account or payable-through ac
count in the United States for a foreign financial institution to
do one or more of the following:
(A) Perform an audit of activities described in sub
section (c)(2) that may be carried out by the foreign finan
cial institution.
(B) Report to the Department of the Treasury with re
spect to transactions or other financial services provided
with respect to any such activity.
(C) Certify, to the best of the knowledge of the domes
tic financial institution, that the foreign financial institu
tion is not knowingly engaging in any such activity.
(D) Establish due diligence policies, procedures, and
controls, such as the due diligence policies, procedures, and
controls described in section 5318(i) of title 31, United
States Code, reasonably designed to detect whether the
Secretary of the Treasury has found the foreign financial
institution to knowingly engage in any such activity.
(2) PENALTIES.-The penalties provided for in sections
5321(a) and 5322 of title 31, United States Code, shall apply
to a person that violates a regulation prescribed under para
graph (1) of this subsection, in the same manner and to the
same extent as such penalties would apply to any person that
is otherwise subject to such section 5321(a) or 5322.
(f) WAIVER-The Secretary of the Treasury may waive the ap
plication of a prohibition or condition imposed with respect to a for
eign financial institution pursuant to subsection (c) or section 104A
or the imposition of a penalty under subsection (d) with respect to
a domestic financial institution on and after the date that is 30
days after the Secretary-
(1) determines that such a waiver is necessary to the na
tional interest of the United States; and
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Sec. 104 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
26
(2) submits to the appropriate congressional committees a
report describing the reasons for the determination.
(g) PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMA
TION.-
(1) IN GENERAL.-lf a finding under paragraph (1) or (4) of
subsection (c) or section 104A, a prohibition, condition, or pen
alty imposed as a result of any such finding, or a penalty im
posed under subsection (d), is based on classified information
(as defined in section 1(a) of the Classified Information Proce
dures Act (18 U.S.C. App.)) and a court reviews the finding or
the imposition of the prohibition, condition, or penalty, the Sec
retary of the Treasury may submit such information to the
court ex parte and in camera.
(2) RULE OF CONSTRUCTION.-Nothing in this subsection
shall be construed to confer or imply any right to judicial re
view of any finding under paragraph (1) or (4) of subsection (c)
or section 104A, any prohibition, condition, or penalty imposed
as a result of any such finding, or any penalty imposed under
subsection (d).
(h) CONSULTATIONS IN IMPLEMENTATION OF REGULATIONS.-In
implementing this section and the regulations prescribed under
this section, the Secretary of the Treasury-
(1) shall consult with the Secretary of State; and
(2) may, in the sole discretion of the Secretary of the
Treasury, consult with such other agencies and departments
and such other interested parties as the Secretary considers
appropriate.
(i) DEFINITIONS.
(1) IN GENERAL.-ln this section:
(A) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE
THROUGH ACCOUNT.-The terms "account", "correspondent
account', and "payable-through account" have the mean
ings given those terms in section 5318A of title 31, United
States Code.
(B) AGENT.-The term "agent" includes an entity es
tablished by a person for purposes of conducting trans
actions on behalf of the person in order to conceal the iden
tity of the person.
(C) FINANCIAL INSTITUTION.-The term "financial insti
tution" means a financial institution specified in subpara
graph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or
(Y) of section 5312(a)(2) of title 31, United States Code.
(D) FOREIGN FINANCIAL INSTITUTION; DOMESTIC FINAN
CIAL INSTITUTION.-The terms "foreign financial institu
tion" and "domestic financial institution" shall have the
meanings of those terms as determined by the Secretary of
the Treasury.
(E) MONEY LAUNDERING.-The term "money laun
dering" means the movement of illicit cash or cash equiva
lent proceeds into, out of, or through a country, or into, out
of, or through a financial institution.
(2) OTHER DEFINITIONS.-The Secretary of the Treasury
may further define the terms used in this section in the regula
tions prescribed under this section.
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27
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 104A
SEC. 104A. [22 U.S.C. 8513b] EXPANSION OF, AND REPORTS ON, MANDA
TORY SANCTIONS WITH RESPECT TO FINANCIAL INSTITU
TIONS THAT ENGAGE IN CERTAIN ACTIVITIES.
(a) IN GENERAL.Not later than 90 days after the date of the
enactment of the Iran Threat Reduction and Syria Human Rights
Act of 2012, the Secretary of the Treasury shall revise the regula
tions prescribed under section 104(c)(l) to apply to a foreign finan
cial institution described in subsection (b) to the same extent and
in the same manner as those regulations apply to a foreign finan
cial institution that the Secretary of the Treasury finds knowingly
engages in an activity described in section 104(c)(2).
(b) FOREIGN FINANCIAL INSTITUTIONS DESCRIBED.A foreign fi
nancial institution described in this subsection is a foreign finan
cial institution, including an Iranian financial institution, that the
Secretary of the Treasury finds-
( 1) knowingly facilitates, or participates or assists in, an
activity described in section 104(c)(2), including by acting on
behalf of, at the direction of, or as an intermediary for, or oth
erwise assisting, another person with respect to the activity;
(2) attempts or conspires to facilitate or participate in such
an activity; or
(3) is owned or controlled by a foreign financial institution
that the Secretary finds knowingly engages in such an activity.
(c) REPORTS REQUIRED.
(1) IN GENERAL.-Not later than 180 days after the date of
the enactment of the Iran Threat Reduction and Syria Human
Rights Act of 2012, and every 180 days thereafter, the Sec
retary of the Treasury shall submit to the appropriate congres
sional committees a report that contains a detailed description
of-
(A) the effect of the regulations prescribed under sec
tion 104(c)(l) on the financial system and economy of Iran
and capital flows to and from Iran; and
(B) the ways in which funds move into and out of fi
nancial institutions described in section 104(c)(2)(E)(ii),
with specific attention to the use of other Iranian financial
institutions and other foreign financial institutions to re
ceive and transfer funds for financial institutions described
in that section.
(2) FORM OF REPORT.-Each report submitted under para
graph (1) shall be submitted in unclassified form but may con
tain a classified annex.
(d) DEFINITJONS.-ln this section:
(1) FINANCIAL INSTITUTJON.-The term "financial institu
tion" means a financial institution specified in subparagraph
(A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (R),
or (Y) of section 5312(a)(2) of title 31, United States Code.
(2) FOREIGN FINANCIAL INSTITUTJON.-The term "foreign fi
nancial institution" has the meaning of that term as deter
mined by the Secretary of the Treasury pursuant to section
104(i).
(3) IRANIAN FINANCIAL INSTITUTJON.-The term "Iranian fi
nancial institution" means-
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Sec. 105 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
28
(A) a financial institution organized under the laws of
Iran or any jurisdiction within Iran, including a foreign
branch of such an institution ;
(B) a financial institution located in Iran;
(C) a financial institution, wherever located, owned or
controlled by the Government of Iran; and
(D) a financial institution, wherever located, owned or
controlled by a financial institution described in subpara
graph (A), (B), or (C).
SEC. 105. 122 U.S.C. 8514] IMPOSITION OF SANCTIONS ON CERTAIN
PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN
HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS
OF IRAN OR THEIR FAMILY MEMBERS AFTER THE JUNE
12, 2009, ELECTIONS IN IRAN.
(a) IN GENERAL.-The President shall impose sanctions de
scribed in
subsection (c) with respect to each person on the list re
quired by subsection (b).
(b) LIST OF PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT
IN
CERTAIN HUMAN RIGHTS ABUSES.
(1) IN GENERAL.-Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the ap
propriate congressional committees a list of persons who are of
ficials of the Government of Iran or persons acting on behalf
of that Government (including members of paramilitary organi
zations such as Ansar-e-Hezbollah and Basij-e Mostaz'afin),
that the President determines, based on credible evidence, are
responsible for or complicit in, or responsible for ordering, con
trolling, or otherwise directing, the commission of serious
human rights abuses against citizens of Iran or their family
members on or after June 12, 2009, regardless of whether such
abuses occurred in Iran.
(2) UPDATES OF LIST.-The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)-
(A) not later than 270 days after the date of the enact
ment of this Act and every 180 days thereafter; and
(B) as new information becomes available.
(3) FORM OF REPORT; PUBLIC AVAILABILITY.
(A) FORM.-The list required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(B) PuBLIC AVAILABILITY.-The unclassified portion of
the list required by paragraph (1) shall be made available
to the public and posted on the websites of the Department
of the Treasury and the Department of State.
(4) CONSIDERATION OF DATA FROM OTHER COUNTRIES AND
NONGOVERNMENTAL ORGANIZATIONS.-ln preparing the list re
quired by paragraph (1), the President shall consider credible
data already obtained by other countries and nongovernmental
organizations, including organizations in Iran, that monitor the
human rights abuses of the Government of Iran.
(c) SANCTIONS DESCRIBED.The sanctions described in this
subsection are ineligibility for a visa to enter the United States and
sanctions pursuant to the International Emergency Economic Pow
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29
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 105A
ers Act (50 U.S.C. 1701 et seq.), including blocking of property and
restrictions or prohibitions on financial transactions and the expor
tation and importation of property, subject to such regulations as
the President may prescribe, including regulatory exceptions to
permit the United States to comply with the Agreement between
the United Nations and the United States of America regarding the
Headquarters of the United Nations, signed June 26, 1947, and en
tered into force November 21, 1947, and other applicable inter
national obligations.
(d) TERMINATION OF
SANCTIONS.The provisions of this section
shall terminate on the date on which the President determines and
certifies to the appropriate congressional committees that the Gov
ernment of Iran has-
(1) unconditionally released all political prisoners, includ
ing the citizens of Iran detained in the aftermath of the June
12, 2009, presidential election in Iran;
(2) ceased its practices of violence, unlawful detention, tor
ture, and abuse of citizens of Iran while engaging in peaceful
political activity;
(3) conducted a transparent investigation into the killings,
arrests, and abuse of peaceful political activists that occurred
in the aftermath of the June 12, 2009, presidential election in
Iran and prosecuted the individuals responsible for such
killings, arrests, and abuse; and
(4) made public commitments to, and is making demon
strable progress toward-
(A) establishing an independent judiciary; and
(B) respecting the human rights and basic freedoms
recognized in the Universal Declaration of Human Rights.
SEC. 105A. (22 U.S.C. 8514a] IMPOSITION OF SANCTIONS WITH RE
SPECT TO THE TRANSFER OF GOODS OR TECHNOLOGIES
TO IRAN THAT ARE LIKELY TO BE USED TO COMMIT
HUMAN RIGHTS ABUSES.
(a) IN GENERAL.The President shall impose sanctions in ac
cordance with subsection (c) with respect to each person on the list
required by subsection (b).
(b) LIST.
(1) IN GENERAL.-Not later than 90 days after the date of
the enactment of the Iran Threat Reduction and Syria Human
Rights Act of 2012, the President shall submit to the appro
priate congressional committees a list of persons that the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
(2) ACTIVITY DESCRIBED.
(A) IN GENERAL.-A person engages in an activity de
scribed in this paragraph if the person-
(i) transfers, or facilitates the transfer of, goods or
technologies described in subparagraph (C) to Iran,
any entity organized under the laws of Iran or other
wise subject to the jurisdiction of the Government of
Iran, or any national of Iran, for use in or with respect
to Iran; or
(ii) provides services (including services relating to
hardware, software, and specialized information, and
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Sec. 105A COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
30
professional consulting, engineering, and support serv
ices) with respect to goods or technologies described in
subparagraph (C) after such goods or technologies are
transferred to Iran.
(B) APPLICABILITY TO CONTRACTS AND OTHER AGREE
MENTS.-A person engages in an activity described in sub
paragraph (A) without regard to whether the activity is
carried out pursuant to a contract or other agreement en
tered into before, on, or after the date of the enactment of
the Iran Threat Reduction and Syria Human Rights Act of
2012.
(C) GOODS OR TECHNOLOGIES DESCRIBED.-Goods or
technologies described in this subparagraph are goods or
technologies that the President determines are likely to be
used by the Government of Iran or any of its agencies or
instrumentalities (or by any other person on behalf of the
Government of Iran or any of such agencies or instrumen
talities) to commit serious human rights abuses against
the people of Iran, including-
(i) firearms or ammunition (as those terms are de
fined in section 921 of title 18, United States Code),
rubber bullets, police batons, pepper or chemical
sprays, stun grenades, electroshock weapons, tear gas,
water cannons, or surveillance technology; or
(ii) sensitive technology (as defined in section
106(c)).
(3) SPECIAL RULE TO ALLOW FOR TERMINATION OF
SANCTIONABLE ACTIVITY.The President shall not be required
to include a person on the list required by paragraph (1) if the
President certifies in writing to the appropriate congressional
committees that-
(A) the person is no longer engaging in, or has taken
significant verifiable steps toward stopping, the activity
described in paragraph (2) for which the President would
otherwise have included the person on the list; and
(B) the President has received reliable assurances that
the person will not knowingly engage in any activity de
scribed in paragraph (2) in the future.
(4) UPDATES OF LIST.-The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)-
(A) each time the President is required to submit an
updated list to those committees under section
105(b)(2)(A); and
(B) as new information becomes available.
(5) FORM OF REPORT; PUBLIC AVAILABILITY.
(A) FORM.-The list required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(B) PuBLIC AVAILABILITY.-The unclassified portion of
the list required by paragraph (1) shall be made available
to the public and posted on the websites of the Department
of the Treasury and the Department of State.
(c) APPLICATION OF SANCTIONS.
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31
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 105B
(1) IN GENERAL.-Subject to paragraph (2), the President
shall impose sanctions described in section 105(c) with respect
to a person on the list required by subsection (b).
(2) TRANSFERS TO IRAN'S REVOLUTIONARY GUARD CORPS.
In the case of a person on the list required by subsection (b)
for transferring, or facilitating the transfer of, goods or tech
nologies described in subsection (b)(2)(C) to Iran's Revolu
tionary Guard Corps, or providing services with respect to such
goods or technologies after such goods or technologies are
transferred to Iran's Revolutionary Guard Corps, the President
shall-
(A) impose sanctions described in section 105(c) with
respect to the person; and
(B) impose such other sanctions from among the sanc
tions described in section 6(a) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note) as the
President determines appropriate.
SEC. 105B. [22 U.S.C. 8514b] IMPOSITION OF SANCTIONS WITH RE
SPECT TO PERSONS WHO ENGAGE IN CENSORSHIP OR
OTHER RELATED ACTIVITIES AGAINST CITIZENS OF IRAN.
(a) IN GENERAL.The President shall impose sanctions de
scribed in section 105(c) with respect to each person on the list re
quired by subsection (b).
(b) LIST OF PERSONS WHO ENGAGE IN
CENSORSHIP.
(1) IN GENERAL.-Not later than 90 days after the date of
the enactment of the Iran Threat Reduction and Syria Human
Rights Act of 2012, the President shall submit to the appro
priate congressional committees a list of persons that the
President determines have, on or after June 12, 2009, engaged
in censorship or other activities with respect to Iran that-
(A) prohibit, limit, or penalize the exercise of freedom
of expression or assembly by citizens of Iran; or
(B) limit access to print or broadcast media, including
the facilitation or support of intentional frequency manipu
lation by the Government of Iran or an entity owned or
controlled by that Government that would jam or restrict
an international signal.
(2) UPDATES OF LIST.-The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)-
(A) each time the President is required to submit an
updated list to those committees under section
105(b)(2)(A); and
(B) as new information becomes available.
(3) FORM OF REPORT; PUBLIC AVAILABILITY.
(A) FORM.-The list required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(B) PUBLIC AVAILABILITY. The unclassified portion of
the list required by paragraph (1) shall be made available
to the public and posted on the websites of the Department
of the Treasury and the Department of State.
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Sec. 105C COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
32
SEC. 105C. [22 U.S.C. 8514c] IMPOSITION OF SANCTIONS WITH RE
SPECT TO PERSONS ENGAGED IN THE DIVERSION OF
GOODS INTENDED FOR THE PEOPLE OF IRAN.
(a) IMPOSITION OF SANCTIONS.
(1) IN GENERAL.-The President shall impose sanctions de
scribed in section 105(c) with respect to each person on the list
required by subsection (b).
(2) EXCEPTION.The requirement to impose sanctions
under paragraph (1) shall not include the authority to impose
sanctions on the importation of goods.
(b) LIST OF PERSONS WHO ENGAGE IN DIVERSION.
(1) IN GENERAL.-As relevant information becomes avail
able, the President shall submit to the appropriate congres
sional committees a list of persons that the President deter
mines have, on or after the date of the enactment of the Iran
Freedom and Counter-Proliferation Act of 2012, engaged in cor
ruption or other activities relating to-
(A) the diversion of goods, including agricultural com
modities, food, medicine, and medical devices, intended for
the people of Iran; or
(B) the misappropriation of proceeds from the sale or
resale of such goods.
(2) FORM OF REPORT; PUBLIC AVAILABILITY.
(A) FORM.The list required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(B) PuBLIC AVAILABILITY.-The unclassified portion of
the list required by paragraph (1) shall be made available
to the public and posted on the websites of the Department
of the Treasury and the Department of State.
(c) GOOD DEFINED.In this section, the term "good" has the
meaning given that term in section 1242(a) of the Iran Freedom
and Counter-Proliferation Act of 2012.
SEC. 106. [22 U.S.C. 8515] PROHIBITION ON PROCUREMENT CON
TRACTS WITH PERSONS THAT EXPORT SENSITIVE TECH
NOLOGY TO IRAN.
(a) IN GENERAL.Except as provided in subsection (b), and
pursuant to such regulations as the President may prescribe, the
head of an executive agency may not enter into or renew a con
tract, on or after the date that is 90 days after the date of the en
actment of this Act, for the procurement of goods or services with
a person that exports sensitive technology to Iran.
(b) AUTHORIZATION TO EXEMPT CERTAIN PRODUCTS.-The
President is authorized to exempt from the prohibition under sub
section (a) only eligible products, as defined in section 308( 4) of the
Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign
country or instrumentality designated under section 301(b) of that
Act (19 U.S.C. 2511(b)).
(c) SENSITIVE TECHNOLOGY DEFINED.
(1) IN GENERAL.-The term "sensitive technology" means
hardware, software, telecommunications equipment, or any
other technology, that the President determines is to be used
specifically-
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33
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 107
(A) to restrict the free flow of unbiased information in
Iran; or
(B) to disrupt, monitor, or otherwise restrict speech of
the people of Iran.
(2) EXCEPTION.The term "sensitive technology" does not
include information or informational materials the exportation
of which the President does not have the authority to regulate
or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(d) GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON EFFECT
OF PROCUREMENT PROHIBITION.Not later than l year after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional com
mittees, the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives, a
report assessing the extent to which executive agencies would have
entered into or renewed contracts for the procurement of goods or
services with persons that export sensitive technology to Iran if the
prohibition under subsection (a) were not in effect.
SEC. 107. HARMONIZATION OF CRIMINAL PENALTIES FOR VIOLATIONS
OF SANCTIONS.
(a) IN GENERAL.
( 1) VIOLATIONS OF UNITED NATIONS SECURITY COUNCIL RES
OLUTIONS IMPOSING SANCTIONS.-Section 5(b) of the United Na
tions Participation Act of 1945 (22 U.S.C. 287c(b)) is amend
ed-
(A) by striking "find not more than $10,000 and in
serting "fined not more than $1,000,000; and
(B) by striking "ten years" and all that follows and in
serting "20 years, or both.".
(2) VIOLATIONS OF CONTROLS ON EXPORTS AND IMPORTS OF
DEFENSE ARTICLES AND DEFENSE SERVICES.-Section 38(c) of
the Arms Export Control Act (22 U.S.C. 2778(c)) is amended by
striking "ten years" and inserting "20 years".
(3) VIOLATIONS OF PROHIBITION ON TRANSACTIONS WITH
COUNTRIES THAT SUPPORT ACTS OF INTERNATIONAL TER
RORISM.Section 40(j) of the Arms Export Control Act (22
U.S.C. 2780(j)) is amended by striking "10 years" and inserting
"20 years".
(4) VIOLATIONS OF THE TRADING WITH THE ENEMY ACT.
Section 16(a) of the Trading with the enemy Act (50 U.S.C.
App. 16(a)) is amended by striking "if a natural person" and
all that follows and inserting "if a natural person, be impris
oned for not more than 20 years, or both.".
(b) STUDY BY UNITED STATES SENTENCING COMMISSION.-Not
later than 1 year after the date of the enactment of this Act, the
United States Sentencing Commission, pursuant to the authority
under sections 994 and 995 of title 28, United States Code, and the
responsibility of the United States Sentencing Commission to ad
vise Congress on sentencing policy under section 995(a)(20) of title
28, United States Code, shall study and submit to Congress a re
port on the impact and advisability of imposing a mandatory min
imum sentence for violations of-
November 17, 2014
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Sec. 108 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
34
(1) section 5(a) of the United Nations Participation Act of
1945 (22 U.S.C. 287c(a));
(2) sections 38, 39, and 40 of the Arms Export Control Act
(22 U.S.C. 2778, 2779, and 2780); and
(3) the Trading with the enemy Act (50 U.S.C. App. 1 et
seq.).
SEC. 108. [22 U.S.C. 8516] AUTHORITY TO IMPLEMENT UNITED NA
TIONS SECURITY COUNCIL RESOLUTIONS IMPOSING
SANCTIONS WITH RESPECT TO IRAN.
In addition to any other authority of the President with respect
to implementing resolutions of the United Nations Security Coun
cil, the President may prescribe such regulations as may be nec
essary to implement a resolution that is agreed to by the United
Nations Security Council and imposes sanctions with respect to
Iran.
SEC. 109. 122 U.S.C. 8517] INCREASED CAPACITY FOR EFFORTS TO
COMBAT UNLAWFUL OR TERRORIST FINANCING.
(a) FINDINGS.Congress finds the following:
(1) The work of the Office of Terrorism and Financial In
telligence of the Department of the Treasury, which includes
the Office of Foreign Assets Control and the Financial Crimes
Enforcement Network, is critical to ensuring that the inter
national financial system is not used for purposes of supporting
terrorism and developing weapons of mass destruction.
(2) The Secretary of the Treasury has designated, includ
ing most recently on June 16, 2010, various Iranian individ
uals and banking, military, energy, and shipping entities as
proliferators of weapons of mass destruction pursuant to Exec
utive Order 13382 (50 U.S.C. 1701 note), thereby blocking
transactions subject to the jurisdiction of the United States by
those individuals and entities and their supporters.
(3) The Secretary of the Treasury has also identified an
array of entities in the insurance, petroleum, and petrochemi
cals industries that the Secretary has determined to be owned
or controlled by the Government of Iran and added those enti
ties to the list contained in Appendix A to part 560 of title 31,
Code of Federal Regulations (commonly known as the "Iranian
Transactions Regulations"), thereby prohibiting transactions
between United States persons and those entities.
(b) AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF TER
RORISM AND FINANCIAL INTELLIGENCE.-There are authorized to be
appropriated to the Secretary of the Treasury for the Office of Ter
rorism and Financial Intelligence-
(1) $102,613,000 for fiscal year 2011; and
(2) such sums as may be necessary for each of the fiscal
years 2012 and 2013.
(c) AUTHORIZATION OF APPROPRIATIONS FOR THE FINANCIAL
CRIMES ENFORCEMENT NETWORK.Section 310(d)(1) of title 31,
United States Code, is amended by striking "such sums as may be
necessary for fiscal years 2002, 2003, 2004, and 2005 and insert
ing "_100,419,000 for fiscal year 2011 and such sums as may be
necessary for each of the fiscal years 2012 and 2013.
(d) AUTHORIZATION OF APPROPRIATIONS FOR BUREAU OF INDUS
TRY AND SECURITY OF THE DEPARTMENT OF COMMERCE.There are
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COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 110
authorized to be appropriated to the Secretary of Commerce for the
Bureau of Industry and Security of the Department of Commerce
(1) $113,000,000 for fiscal year 2011; and
(2) such sums as may be necessary for each of the fiscal
years 2012 and 2013.
SEC. 110. [22 U.S.C. 8518] REPORTS ON INVESTMENTS IN THE ENERGY
SECTOR OF IRAN.
(a) INITIAL REPORT.
(1) IN GENERAL.-Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the ap
propriate congressional committees a report-
(A) on investments in the energy sector of Iran that
were made during the period described in paragraph (2);
and
(B) that contains-
(i) an estimate of the volume of energy-related re
sources (other than refined petroleum), including eth
anol, that Iran imported during the period described
in paragraph (2); and
(ii) a list of all significant known energy-related
joint ventures, investments, and partnerships located
outside Iran that involve Iranian entities in partner
ship with entities from other countries, including an
identification of the entities from other countries; and
(iii) an estimate of-
(1) the total value of each such joint venture,
investment, and partnership; and
(II) the percentage of each such joint venture,
investment, and partnership owned by an Iranian
entity.
(2) PERIOD DESCRIBED.-The period described in this para
graph is the period beginning on January 1, 2006, and ending
on the date that is 60 days after the date of the enactment of
this Act.
(b) UPDATED REPORTS.-Not later than 180 days after submit
ting the report required by subsection (a), and every 180 days
thereafter, the President shall submit to the appropriate congres
sional committees a report, covering the 180-day period beginning
on the date that is 30 days before the date on which the preceding
report was required to be submitted by this section, that-
(1) contains the matters required in the report under sub
section (a)(l); and
(2) identifies-
(A) the volume of crude oil and refined petroleum
products imported to and exported from Iran (including
through swaps and similar arrangements);
(B) the persons selling and transporting crude oil and
refined petroleum products described in subparagraph (A),
the countries with primary jurisdiction over those persons,
and the countries in which those products were refined;
(C) the sources of financing for imports to Iran of
crude oil and refined petroleum products described in sub
paragraph (A); and
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Sec. 111 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
36
(D) the involvement of foreign persons in efforts to as
sist Iran in-
(i) developing upstream oil and gas production ca
pacity;
(ii) importing advanced technology to upgrade ex
isting Iranian refineries;
(iii) converting existing chemical plants to petro
leum refineries; or
(iv) maintaining, upgrading, or expanding existing
refineries or constructing new refineries.
SEC. 111. [22 U.S.C. 8519] REPORTS ON CERTAIN ACTIVITIES OF FOR
EIGN EXPORT CREDIT AGENCIES AND OF THE EXPORT-IM
PORT BANK OF THE UNITED STATES.
(a) REPORT ON CERTAIN ACTIVITIES OF EXPORT CREDIT AGEN
CIES OF FOREIGN COUNTRIES.
(1) IN GENERAL.-Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the ap
propriate congressional committees a report on any activity of
an export credit agency of a foreign country that is an activity
comparable to an activity described in subsection (a) or (b) of
section 5 of the Iran Sanctions Act of 1996, as amended by sec
tion 102 of this Act.
(2) UPDATES.-The President shall update the report re
quired by paragraph (1) as new information becomes available
with respect to the activities of export credit agencies of foreign
countries.
(b) REPORT ON CERTAIN FINANCING
BY
THE EXPORT-IMPORT
BANK OF THE UNITED STATES.Not later than 30 days (or, in ex
traordinary circumstances, not later than 15 days) before the Ex
port-Import Bank of the United States approves cofinancing (in
cluding loans, guarantees, other credits, insurance, and reinsur
ance) in which an export credit agency of a foreign country identi
fied in the report required by subsection (a) will participate, the
President shall submit to the appropriate congressional committees
a report identifying-
(1) the export credit agency of the foreign country; and
(2) the beneficiaries of the financing.
SEC. 112. SENSE OF CONGRESS REGARDING IRAN'S REVOLUTIONARY
GUARD CORPS AND ITS AFFILIATES.
It is the sense of Congress that the United States should-
(1) persistently target Iran's Revolutionary Guard Corps
and its affiliates with economic sanctions for its support for
terrorism, its role in proliferation, and its oppressive activities
against the people of Iran;
(2) identify, as soon as possible-
(A) any foreign individual or entity that is an agent,
alias, front, instrumentality, official, or affiliate of Iran's
Revolutionary Guard Corps;
(B) any individual or entity that-
(i) has provided material support to any individual
or entity described in subparagraph (A); or
(ii) has conducted any financial or commercial
transaction with any such individual or entity; and
(C) any foreign government that-
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37
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 115
(i) provides material support to any such indi
vidual or entity; or
(ii) conducts any commercial transaction or finan
cial transaction with any such individual or entity;
and
(3) immediately impose sanctions, including travel restric
tions, sanctions authorized pursuant to this Act or the Iran
Sanctions Act of 1996, as amended by section 102 of this Act,
and the full range of sanctions available to the President under
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), on the individuals, entities, and governments de
scribed in paragraph (2).
SEC. 113. SENSE OF CONGRESS REGARDING IRAN AND HEZBOLLAH.
It is the sense of Congress that the United States should-
(1) continue to counter support received by Hezbollah from
the Government of Iran and other foreign governments in re
sponse to Hezbollah's terrorist activities and the threat
Hezbollah poses to Israel, the democratic sovereignty of Leb
anon, and the national security interests of the United States;
(2) impose the full range of sanctions available to the
President under the International Emergency Economic Pow
ers Act (50 U.S.C. 1701 et seq.) on Hezbollah, affiliates and
supporters of Hezbollah designated for the imposition of sanc
tions under that Act, and persons providing Hezbollah with
commercial, financial, or other services;
(3) urge the European Union, individual countries in Eu
rope, and other countries to classify Hezbollah as a terrorist or
ganization to facilitate the disruption of Hezbollah's operations;
and
(4) renew international efforts to disarm Hezbollah and
disband its militias in Lebanon, as called for by United Na
tions Security Council Resolutions 1559 (2004) and 1701
(2006).
SEC. 114. SENSE OF CONGRESS REGARDING THE IMPOSITION OF MUL
TILATERAL SANCTIONS WITH RESPECT TO IRAN.
It is the sense of Congress that-
(1) in general, effective multilateral sanctions are pref
erable to unilateral sanctions in order to achieve desired re
sults from countries such as Iran; and
(2) the President should continue to work with allies of the
United States to impose such sanctions as may be necessary to
prevent the Government of Iran from acquiring a nuclear
weapons capability.
SEC. 115. REPORT ON PROVIDING COMPENSATION FOR VICTIMS OF
INTERNATIONAL TERRORISM.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the appropriate congressional
committees a report on equitable methods for providing compensa
tion on a comprehensive basis to victims of acts of international
terrorism who are citizens or residents of the United States or na
tionals of the United States (as defined in section lOl(a) of the Im
migration and Nationality Act (8 U.S.C. ll0l(a)).
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Sec. 201 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
38
TITLE II-DIVESTMENT FROM CERTAIN
COMPANIES THAT INVEST IN IRAN
SEC. 201. [22 U.S.C. 8531] DEFINITIONS.
In this title:
(1) ENERGY SECTOR OF IRAN.-The term "energy sector of
Iran" refers to activities to develop petroleum or natural gas
resources or nuclear power in Iran.
(2) FINANCIAL INSTITUTION.-The term "financial institu
tion" has the meaning given that term in section 14 of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note).
(3) IRAN.The term "Iran" includes the Government of
Iran and any agency or instrumentality of Iran.
(4) PERSON.The term "person" means-
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other non
governmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development institu
tion (as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with,
any entity described in subparagraph (A) or (B).
(5) STATE.-The term "State" means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and
any other territory or possession of the United States.
(6) STATE OR LOCAL GOVERNMENT.-The term "State or
local government" includes-
(A) any State and any agency or instrumentality
thereof;
(B) any local government within a State, and any
agency or instrumentality thereof;
(C) any other governmental instrumentality of a State
or locality; and
(D) any public institution of higher education within
the meaning of the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.).
SEC. 202. [22 U.S.C. 8532] AUTHORITY OF STATE AND LOCAL GOVERN
MENTS TO DIVEST FROM CERTAIN COMPANIES THAT IN
VEST IN IRAN.
(a) SENSE OF CONGRESS.It is the sense of Congress that the
United States should support the decision of any State or local gov
ernment that for moral, prudential, or reputational reasons divests
from, or prohibits the investment of assets of the State or local gov
ernment in, a person that engages in investment activities in the
energy sector of Iran, as long as Iran is subject to economic sanc
tions imposed by the United States.
(b) AUTHORITY TO DIVEST.Notwithstanding any other provi
sion of law, a State or local government may adopt and enforce
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39
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 202
measures that meet the requirements of subsection (d) to divest the
assets of the State or local government from, or prohibit invest
ment of the assets of the State or local government in, any person
that the State or local government determines, using credible infor
mation available to the public, engages in investment activities in
Iran described in subsection (c).
(c) INVESTMENT ACTIVITIES DESCRIBED.-A person engages in
investment activities in Iran described in this subsection if the per
son-
(1) has an investment of $20,000,000 or more in the energy
sector of Iran, including in a person that provides oil or
liquified natural gas tankers, or products used to construct or
maintain pipelines used to transport oil or liquified natural
gas, for the energy sector of Iran; or
(2) is a financial institution that extends $20,000,000 or
more in credit to another person, for 45 days or more, if that
person will use the credit for investment in the energy sector
of Iran.
(d) REQUIREMENTS.-Any measure taken by a State or local
government under subsection (b) shall meet the following require
ments:
(1) NoTICE.-The State or local government shall provide
written notice to each person to which a measure is to be ap
plied.
(2) TIMING.-The measure shall apply to a person not ear
lier than the date that is 90 days after the date on which writ
ten notice is provided to the person under paragraph (1).
(3) OPPORTUNITY FOR HEARING.-The State or local govern
ment shall provide an opportunity to comment in writing to
each person to which a measure is to be applied. If the person
demonstrates to the State or local government that the person
does not engage in investment activities in Iran described in
subsection (c), the measure shall not apply to the person.
(4) SENSE OF CONGRESS ON AVOIDING ERRONEOUS TAR
GETING.-lt is the sense of Congress that a State or local gov
ernment should not adopt a measure under subsection (b) with
respect to a person unless the State or local government has
made every effort to avoid erroneously targeting the person
and has verified that the person engages in investment activi
ties in Iran described in subsection (c).
(e) NOTICE TO DEPARTMENT OF JUSTICE.Not later than 30
days after adopting a measure pursuant to subsection (b), a State
or local government shall submit written notice to the Attorney
General describing the measure.
(f) NoNPREEMPTION.-A measure of a State or local govern
ment authorized under subsection (b) or (i) is not preempted by any
Federal law or regulation.
(g) DEFINITIONS.In this section:
(1) ASSETS.
(A) IN GENERAL.-Except as provided in subparagraph
(B), the term "assets" refers to public monies and includes
any pension, retirement, annuity, or endowment fund, or
similar instrument, that is controlled by a State or local
government.
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Sec. 203 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
40
(B) EXCEPTION. The term "assets" does not include
employee benefit plans covered by title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et
seq.).
(2) INVESTMENT.-The "investment" includes-
(A) a commitment or contribution of funds or property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for goods or
services.
(h) EFFECTIVE DATE.
(1) IN GENERAL.-Except as provided in paragraph (2) or
subsection (i), this section applies to measures adopted by a
State or local government before, on, or after the date of the
enactment of this Act.
(2) NOTICE REQUIREMENTS.-Except as provided in sub
section (i), subsections (d) and (e) apply to measures adopted
by a State or local government on or after the date of the en
actment of this Act.
(i) AUTHORIZATION FOR PRIOR ENACTED MEASURES.
( 1) IN GENERAL.-Notwithstanding any other provision of
this section or any other provision of law, a State or local gov
ernment may enforce a measure (without regard to the re
quirements of subsection (d), except as provided in paragraph
(2)) adopted by the State or local government before the date
of the enactment of this Act that provides for the divestment
of assets of the State or local government from, or prohibits the
investment of the assets of the State or local government in,
any person that the State or local government determines,
using credible information available to the public, engages in
investment activities in Iran (determined without regard to
subsection (c)) or other business activities in Iran that are
identified in the measure .
(2) APPLICATION OF NOTICE REQUIREMENTS.-A measure
described in paragraph (1) shall be subject to the requirements
of paragraphs (1) and (2) and the first sentence of paragraph
(3) of subsection (d) on and after the date that is 2 years after
the date of the enactment of this Act.
(j) RULE OF CONSTRUCTION.Nothing in this Act or any other
provision of law authorizing sanctions with respect to Iran shall be
construed to abridge the authority of a State to issue and enforce
rules governing the safety, soundness, and solvency of a financial
institution subject to its jurisdiction or the business of insurance
pursuant to the Act of March 9, 1945 (15 U.S.C. 1011 et seq.) (com
monly known as the "McCarran-Ferguson Act").
SEC. 203. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY
ASSET MANAGERS.
(a) IN GENERAL.-Section 13(c)(1) of the Investment Company
Act of 1940 (15 U.S.C. 80a-13(c)(l)) is amended to read as follows:
"(1) IN GENERAL.-Notwithstanding any other provision of
Federal or State law, no person may bring any civil, criminal,
or administrative action against any registered investment
company, or any employee, officer, director, or investment ad
viser thereof, based solely upon the investment company di
vesting from, or avoiding investing in, securities issued by per-
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41
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 205
sons that the investment company determines, using credible
information available to the public-
"(A) conduct or have direct investments in business
operations in Sudan described in section 3(d) of the Sudan
Accountability and Divestment Act of 2007 (50 U.S.C. 1701
note); or
"(B) engage in investment activities in Iran described
in section 202(c) of the Comprehensive Iran Sanctions, Ac
countability, and Divestment Act of 2010.".
(b) SEC REGULATIONS.Not later than 120 days after the date
of the enactment of this Act, the Securities and Exchange Commis
sion shall issue any revisions the Commission determines to be
necessary to the regulations requiring disclosure by each registered
investment company that divests itself of securities in accordance
with section 13(c) of the Investment Company Act of 1940 to in
clude divestments of securities in accordance with paragraph (l)(B)
of such section, as added by subsection (a) of this section.
SEC. 204. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN IN
VESTMENTS.
It is the sense of Congress that a fiduciary of an employee ben
efit plan, as defined in section 3(3) of the Employee Retirement In
come Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan as
sets from, or avoid investing plan assets in, any person the fidu
ciary determines engages in investment activities in Iran described
in section 202(c) of this Act, without breaching the responsibilities,
obligations, or duties imposed upon the fiduciary by subparagraph
(A) or (B) of section 404(a)(l) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104(a)(l)), if-
(1) the fiduciary makes such determination using credible
information that is available to the public; and
(2) the fiduciary prudently determines that the result of
such divestment or avoidance of investment would not be ex
pected to provide the employee benefit plan with-
(A) a lower rate of return than alternative investments
with commensurate degrees of risk; or
(B) a higher degree of risk than alternative invest
ments with commensurate rates of return.
SEC. 205. TECHNICAL CORRECTIONS TO SUDAN ACCOUNTABILITY
AND DIVESTMENT ACT OF 2007.
(a) ERISA PLAN INVESTMENTS.Section 5 of the Sudan Ac
countability and Divestment Act of 2007 (Public Law 110-174; 50
U.S.C. 1701 note) is amended-
(1) by striking "section 404 of the Employee Retirement In
come Security Act of 1974 (29 U.S.C. 1104)" and inserting
"subparagraph (A) or (B) of section 404(a)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1104(a)(l))"; and
(2) by striking paragraph (2) and inserting the following:
"(2) the fiduciary prudently determines that the result of
such divestment or avoidance of investment would not be ex
pected to provide the employee benefit plan with-
"(A) a lower rate of return than alternative invest
ments with commensurate degrees of risk; or
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Sec. 301 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
42
"(B) a higher degree of risk than alternative invest
ments with commensurate rates of return.".
(b) SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY
ASSET MANAGERS.
(1) IN GENERAL.-Section 13(c)(2)(A) of the Investment
Company Act of 1940 (15 U.S.C. 80a-13(c)(2)(A)) is amended to
read as follows:
"(A) RULE OF CONSTRUCTION.-Nothing in paragraph
(1) shall be construed to create, imply, diminish, change,
or affect in any way whether or not a private right of ac
tion exists under subsection (a) or any other provision of
this Act.".
(2) APPLICABILITY.-The amendment made by paragraph
(1) shall apply as if included in the Sudan Accountability and
Divestment Act of 2007 (Public Law 110--174; 50 U.S.C. 1701
note).
TITLE III-PREVENTION OF DIVERSION
OF CERTAIN GOODS, SERVICES, AND
TECHNOLOGIES TO IRAN
SEC. 301. (22 U.S.C. 8541] DEFINITIONS.
In this title:
(1) ALLOW.-The term "allow, with respect to the diver
sion through a country of goods, services, or technologies,
means the government of the country knows or has reason to
know that the territory of the country is being used for such
diversion.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term
"appropriate congressional committees" means-
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, and the Se
lect Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs and the Perma
nent Select Committee on Intelligence of the House of Rep
resentatives.
(3) COMMERCE CONTROL LIST.-The term "Commerce Con
trol List" means the list maintained pursuant to part 77 4 of
the Export Administration Regulations (or any corresponding
similar regulation or ruling).
(4) DIVERT; DIVERSION.-The terms "divert" and "diversion"
refer to the transfer or release, directly or indirectly, of a good,
service, or technology to an end-user or an intermediary that
is not an authorized recipient of the good, service, or tech
nology.
(5) END-USER.The term "end-user, with respect to a
good, service, or techno logy, means the person that receives
and ultimately uses the good, service, or technology.
(6) EXPORT ADMINISTRATION REGULATIONS.-The term "Ex
port Administration Regulations" means subchapter C of chap
ter VII of title 15, Code of Federal Regulations (or any cor
responding similar regulation or ruling).
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43
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 302
(7) GOVERNMENT.-The term "government" includes any
agency or instrumentality of a government.
(8) INTERMEDIARY.-The term "intermediary" means a per
son that receives a good, service, or technology while the good,
service, or technology is in transit to the end-user of the good,
service, or technology.
(9) INTERNATIONAL TRAFFIC IN
ARMS REGULATIONS.-The
term "International Traffic in Arms Regulations" means sub
chapter M of chapter I of title 22, Code of Federal Regulations
(or any corresponding similar regulation or ruling).
(10) IRAN.The term "Iran" includes the Government of
Iran and any agency or instrumentality of Iran.
(11) IRANIAN END-USER.-The term "Iranian end-user"
means an end-user that is the Government of Iran or a person
in, or an agency or instrumentality of, Iran.
(12) IRANIAN JNTERMEDIARY.-The term "Iranian inter
mediary" means an intermediary that is the Government of
Iran or a person in, or an agency or instrumentality of, Iran.
(13) STATE SPONSOR OF TERRORISM.-The term "state spon
sor of terrorism" means any country the government of which
the Secretary of State has determined has repeatedly provided
support for acts of international terrorism pursuant to-
(A) section 6(j)(l)(A) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(l)(A)) (or any successor
thereto);
(B) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
(C) section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a)).
(14) UNITED STATES MUNITIONS LIST.-The term "United
States Munitions List" means the list maintained pursuant to
part 121 of the International Traffic in Arms Regulations (or
any corresponding similar regulation or ruling).
SEC. 302. 122 U.S.C. 8542] IDENTIFICATION OF COUNTRIES OF CON
CERN WITH RESPECT TO THE DIVERSION OF CERTAIN
GOODS, SERVICES, AND TECHNOLOGIES TO OR THROUGH
IRAN.
(a) IN GENERAL.Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the President, the Secretary of Defense, the Secretary of
Commerce, the Secretary of State, the Secretary of the Treasury,
and the appropriate congressional committees a report that identi
fies each country the government of which the Director believes,
based on all information available to the Director, is allowing the
diversion through the country of goods, services, or technologies de
scribed in subsection (b) to Iranian end-users or Iranian inter
mediaries.
(b) GOODS, SERVICES, AND
TECHNOLOGIES DESCRIBED.Goods,
services, or technologies described in this subsection are goods,
services, or technologies-
(1) that-
(A) originated in the United States;
(B) would make a material contribution to Iran's-
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Sec. 303 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
44
(i) development of nuclear, chemical, or biological
weapons;
(ii) ballistic missile or advanced conventional
weapons capabilities; or
(iii) support for international terrorism; and
(C) are-
(i) items on the Commerce Control List or services
related to those items; or
(ii) defense articles or defense services on the
United States Munitions List; or
(2) that are prohibited for export to Iran under a resolu
tion of the United Nations Security Council.
(c) UPDATES.The Director of National Intelligence shall up
date the report required by subsection (a)
( 1) as new information becomes available; and
(2) not less frequently than annually.
(d) FORM.The report required by subsection (a) and the up
dates required by subsection (c) may be submitted in classified
form.
SEC. 303. [22 U.S.C. 8543] DESTINATIONS OF DIVERSION CONCERN.
(a) DESIGNATION.
(1) IN GENERAL.-The President shall designate a country
as a Destination of Diversion Concern if the President deter
mines that the government of the country allows substantial
diversion of goods, services, or technologies described in section
302(b) through the country to Iranian end-users or Iranian
intermediaries.
(2) DETERMINATION OF SUBSTANTIAL.-For purposes of
paragraph (1), the President shall determine whether the gov
ernment of a country allows substantial diversion of goods,
services, or technologies described in section 302(b) through
the country to Iranian end-users or Iranian intermediaries
based on criteria that include-
(A) the volume of such goods, services, and tech
nologies that are diverted through the country to such end
users or intermediaries;
(B) the inadequacy of the export controls of the coun
try;
(C) the unwillingness or demonstrated inability of the
government of the country to control the diversion of such
goods, services, and technologies to such end-users or
intermediaries; and
(D) the unwillingness or inability of the government of
the country to cooperate with the United States in efforts
to interdict the diversion of such goods, services, or tech
nologies to such end-users or intermediaries.
(b) REPORT ON DESIGNATION.-Upon designating a country as
a Destination of Diversion Concern under subsection (a), the Presi
dent shall submit to the appropriate congressional committees a re
port-
(1) notifying those committees of the designation of the
country; and
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45
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 303
(2) containing a list of the goods, services, and technologies
described in section 302(b) that the President determines are
diverted through the country to Iranian end-users or Iranian
intermediaries.
(c) LICENSING REQUIREMENT.-Not later than 45 days after
submitting a report required by subsection (b) with respect to a
country designated as a Destination of Diversion Concern under
subsection (a), the President shall require a license under the Ex
port Administration Regulations or the International Traffic in
Arms Regulations (whichever is applicable) to export to that coun
try a good, service, or technology on the list required under sub
section (b)(2), with the presumption that any application for such
a license will be denied.
(d) DELAY OF IMPOSITION OF LICENSING REQUIREMENT.
(1) IN GENERAL.The President may delay the imposition
of the licensing requirement under subsection (c) with respect
to a country designated as a Destination of Diversion Concern
under subsection (a) for a 12-month period if the President-
(A) determines that the government of the country is
taking steps-
(i) to institute an export control system or
strengthen the export control system of the country;
(ii) to interdict the diversion of goods, services, or
technologies described in section 302(b) through the
country to Iranian end-users or Iranian inter
mediaries; and
(iii) to comply with and enforce United Nations
Security Council Resolutions 1696 (2006), 1737 02006),
1747 (2007), 1803 (2008), and 1929 (2010), and any
other resolution that is agreed to by the Security
Council and imposes sanctions with respect to Iran;
(B) determines that it is appropriate to carry out gov
ernment-to-government activities to strengthen the export
control system of the country; and
(C) submits to the appropriate congressional commit
tees a report describing the steps specified in subpara
graph (A) being taken by the government of the country.
(2) ADDITIONAL 12-MONTH PERIODS.-The President may
delay the imposition of the licensing requirement under sub
section (c) with respect to a country designated as a Destina
tion of Diversion Concern under subsection (a) for additional
12-month periods after the 12-month period referred to in
paragraph (1) if the President, for each such 12-month period-
(A) makes the determinations described in subpara
graphs (A) and (B) of paragraph (1) with respect to the
country; and
(B) submits to the appropriate congressional commit
tees an updated version of the report required by subpara
graph (C) of paragraph (1).
(3) STRENGTHENING EXPORT CONTROL SYSTEMS.-If the
President determines under paragraph (l)(B) that is it appro
priate to carry out government-to-government activities to
strengthen the export control system of a country designated
as a Destination of Diversion Concern under subsection (a), the
November 17, 2014
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Sec. 304 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
46
United States shall initiate government-to-government activi
ties that may include-
(A) cooperation by agencies and departments of the
United States with counterpart agencies and departments
in the country-
(i) to develop or strengthen the export control sys
tem of the country;
(ii) to strengthen cooperation among agencies of
the country and with the United States and facilitate
enforcement of the export control system of the coun
try; and
(iii) to promote information and data exchanges
among agencies of the country and with the United
States;
(B) training officials of the country to strengthen the
export control systems of the country-
(i) to facilitate legitimate trade in goods, services,
and technologies; and
(ii) to prevent terrorists and state sponsors ofter
rorism, including Iran, from obtaining nuclear, biologi
cal, and chemical weapons, defense technologies, com
ponents for improvised explosive devices, and other de
fense articles; and
(C) encouraging the government of the country to par
ticipate in the Proliferation Security Initiative, such as by
entering into a ship boarding agreement pursuant to the
Initiative.
(e) TERMINATION OF DESIGNATION.The designation of a coun
try as a Destination of Diversion Concern under subsection (a)
shall terminate on the date on which the President determines,
and certifies to the appropriate congressional committees, that the
country has adequately strengthened the export control system of
the country to prevent the diversion of goods, services, and tech
nologies described in section 3O2(b) to Iranian end-users or Iranian
intermediaries.
(f) FORM OF REPORTS.-A report required by subsection (b) or
(d) may be submitted in classified form.
SEC. 304. REPORT ON EXPANDING DIVERSION CONCERN SYSTEM TO
ADDRESS THE DIVERSION OF UNITED STATES ORIGIN
GOODS, SERVICES, AND TECHNOLOGIES TO CERTAIN
COUNTRIES OTHER THAN IRAN.
(a) IN GENERAL.Not later than 1 year after the date of the
enactment of this Act, the President shall submit to the appro
priate congressional committees a report that-
(1) identifies any country that the President determines is
allowing the diversion, in violation of United States law, of
items on the Commerce Control List or services related to
those items, or defense articles or defense services on the
United States Munitions List, that originated in the United
States to another country if such other country-
(A) is seeking to obtain nuclear, biological, or chemical
weapons, or ballistic missiles; or
(B) provides support for acts of international ter
rorism; and
November 17, 2014
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47
COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND... Sec. 401
(2) assesses the feasability and advisability of expanding
the system established under section 303 for designating coun
tries as Destinations of Diversion Concern to include countries
identified under paragraph (1).
(b) FORM.The report required by subsection (a) may be sub
mitted in classified form.
SEC. 305. [22 U.S.C. 8544] ENFORCEMENT AUTHORITY.
The Secretary of Commerce may designate any employee of the
Office of Export Enforcement of the Department of Commerce to
conduct activities specified in clauses (i), (ii), and (iii) of section
12(a)(3)(B) of the Export Administration Act of 1979 (50 U.S.C.
App. 2411(a)(3)(B)) when the employee is carrying out activities to
enforce-
(1) the provisions of the Export Administration Act of 1979
(50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.));
(2) the provisions of this title, or any other provision of law
relating to export controls, with respect to which the Secretary
of Commerce has enforcement responsibility; or
(3) any license, order, or regulation issued under-
(A) the Export Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.) (as in effect pursuant to the Inter
national Emergency Economic Powers Act (50 U.S.C. 1701
et seq.)); or
(B) a provision of law referred to in paragraph (2).
TITLE IV-GENERAL PROVISIONS
SEC. 401. [22 U.S.C. 8551] GENERAL PROVISIONS.
(a) SUNSET.The provisions of this Act (other than sections
105 and 305 and the amendments made by sections 102, 107, 109,
and 205) shall terminate, and section 13(c)(l)(B) of the Investment
Company Act of 1940, as added by section 203(a), shall cease to be
effective, on the date that is 30 days after the date on which the
President certifies to Congress that-
(1) the Government of Iran has ceased providing support
for acts of international terrorism and no longer satisfies the
requirements for designation as a state sponsor of terrorism
(as defined in section 301) under-
(A) section 6(j)(l)(A) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(l)(A)) (or any successor
thereto);
(B) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
(C) section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a)); and
(2) Iran has ceased the pursuit, acquisition, and develop
ment of, and verifiably dismantled its, nuclear, biological, and
chemical weapons and ballistic missiles and ballistic missile
launch technology.
(b) PRESIDENTIAL WAIVERS.
November 17, 2014
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Sec. 402 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND...
48
(1) IN GENERAL.-The President may waive the application
of sanctions under section 103(b), the requirement to impose or
maintain sanctions with respect to a person under section
105(a), 105A(a), 105B(a), or 105C(a), the requirement to in
clude a person on the list required by section 105(b), 105A(b),
105B(b), or 105C(b), the application of the prohibition under
section 106(a), or the imposition of the licensing requirement
under section 303(c) with respect to a country designated as a
Destination of Diversion Concern under section 303(a), if the
President determines that such a waiver is in the national in
terest of the United States.
(2) REPORTS.
(A) IN GENERAL.-If the President waives the applica
tion of a provision pursuant to paragraph (1), the Presi
dent shall submit to the appropriate congressional commit
tees a report describing the reasons for the waiver.
(B) SPECIAL RULE FOR REPORT ON WAIVING IMPOSITION
OF LICENSING REQUIREMENT UNDER SECTION 303(c).In any
case in which the President waives, pursuant to paragraph
(1), the imposition of the licensing requirement under sec
tion 303(c) with respect to a countr_y designated as a Des
tination of Diversion Concern under section 303(a), the
President shall include in the report required by subpara
graph (A) of this paragraph an assessment of whether the
government of the country is taking the steps described in
subparagraph (A) of section 303(d)(l).
(c) AUTHORIZATIONS OF APPROPRIATIONS.
(1) AUTHORIZATION OF APPROPRIATIONS FOR THE DEPART
MENT OF STATE AND THE DEPARTMENT OF THE TREASURY.
There are authorized to be appropriated to the Secretary of
State and to the Secretary of the Treasury such sums as may
be necessary to implement the provisions of, and amendments
made by, titles I and III of this Act.
(2) AUTHORIZATION OF APPROPRIATIONS FOR THE DEPART
MENT OF COMMERCE.-There are authorized to be appropriated
to the Secretary of Commerce such sums as may be necessary
to carry out title III.
SEC. 402. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined
by reference to the latest statement titled "Budgetary Effects of
PAYGO Legislation" for this Act, jointly submitted for printing in
the Congressional Record by the Chairmen of the House and Sen
ate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first on
this conference report or amendment between the Houses.
November 17, 2014

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Annex 17
Section 1245 of the U.S. National Defense Authorization Act for Fiscal Year 2012,
Pub. L. No. 112-81, 125 Stat. 1647

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National Defense Authorization Act for Fiscal Yea...
Sec. 1245
356
(c) FOHM.-Each notification provided pursuant to subsection
(a) shall be submitted in unclassified form, but may include a clas
sified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.For
the purposes of this section, the term "appropriate congressional
committees'' means-
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
(e) CLASSIFIED UNITED STATES BALLISTIC MISSILE DEFENSE IN
FORMATION DEFINED.-For the purposes of this section, the term
"classified United States ballistic missile defense information"
means information related to United States ballistic missile de
fenses that is classified as of, or after, the date of enactment of this
Act.
SEC. 1245. 122 U.S.C. 8513a] IMPOSITION OF SANCTIONS WITH RESPECT
TO THE FINANCIAL SECTOR OF IRAN.
(a) FINDINGS.-Congress makes the following findings:
(1) On November 21, 2011, the Secretary of the Treasury
issued a finding under section 5318A of title 31, United States
Code, that identified Iran as a jurisdiction of primary money
laundering concern.
(2) In that finding, the Financial Crimes Enforcement Net
work of the Department of the Treasury wrote, "The Central
Bank of Iran, which regulates Iranian banks, has assisted des
ignated Iranian banks by transferring billions of dollars to
these banks in 2011. In mid-2011, the CBI transferred several
billion dollars to designated banks, including Saderat, Mellat,
EDBI and Melli, through a variety of payment schemes. In
making these transfers, the CBI attempted to evade sanctions
by minimizing the direct involvement of large international
banks with both CBI and designated Iranian banks.".
(3) On November 22, 2011, the Under Secretary of the
Treasury for Terrorism and Financial Intelligence, David
Cohen, wrote, "Treasury is calling out the entire Iranian bank
ing sector, including the Central Bank of Iran, as posing ter
rorist financing, proliferation financing, and money laundering
risks for the global financial system.".
(b) DESIGNATION OF FINANCIAL SECTOR OF IRAN AS OF PRIMARY
MONEY LAUNDERING CONCERN.The financial sector of Iran, in
cluding the Central Bank of Iran, is designated as a primary
money laundering concern for purposes of section 5318A of title 31,
United States Code, because of the threat to government and finan
cial institutions resulting from the illicit activities of the Govern
ment of Iran, including its pursuit of nuclear weapons, support for
international terrorism, and efforts to deceive responsible financial
institutions and evade sanctions.
(c) FREEZING OF ASSETS OF IRANIAN FINANCIAL INSTITUTIONS.
The President shall, pursuant to the International Emergency Eco
nomic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all
transactions in all property and interests in property of an Iranian
financial institution if such property and interests in property are
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National Defense Authorization Act for Fiscal Yea...
357
Sec. 1245
in the United States, come within the United States, or are or come
within the possession or control of a United States person.
(d) IMPOSITION OF SANCTIONS WITH RESPECT TO THE CENTRAL
BANK OF IRAN AND OTHER IRANIAN FINANCIAL INSTITUTIONS.
(1) IN GENERAL.-Except as specifically provided in this
subsection, beginning on the date that is 60 days after the date
of the enactment of this Act the President-
(A) shall prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United States
of a correspondent account or a payable-through account
by a foreign financial institution that the President deter
mines has knowingly conducted or facilitated any signifi
cant financial transaction with the Central Bank of Iran or
another Iranian financial institution designated by the
Secretary of the Treasury for the imposition of sanctions
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.); and
(B) may impose sanctions pursuant to the Inter
national Emergency Economic Powers Act (50 US.C. 1701
et seq.) with respect
to
the Central Bank of Iran.
(2) EXCEPTION FOR SALES OF AGRICULTURAL COMM0DITIES,
FOOD, MEDICINE, AND MEDICAL DEVICES.-The President may
not impose sanctions under paragraph (1) with respect to any
person for conducting or facilitating a transaction for the sale
of agricultural commodities, food, medicine, or medical devices
to
Iran.
(3) APPLICABILITY OF SANCTIONS WITH RESPECT TO FOREIGN
CENTRAL BANKS.Except as provided in paragraph (4), sanc
tions imposed under paragraph (l)(A) shall apply with respect
to
a central bank of a foreign country, only insofar as it en
gages in a financial transaction for the sale or purchase of pe
troleum or petroleum products to or from Iran conducted or
fa
cilitated on or after that date that is 180 days after the date
of the enactment of this Act.
(4) APPLICABILITY OF SANCTIONS WITH RESPECT TO PETRO
LEUM
TRANSACTIONS.
(A) REPORT REQUIRED.Not later than October 25,
2012, and the last Thursday of every other month there
after, the Administrator of the Energy Information Admin
istration, in consultation with the Secretary of the Treas
ury, the Secretary of State, and the Director of National
Intelligence, shall submit to Congress a report on the
availability and price of petroleum and petroleum products
produced in countries other than Iran in the 2-month pe
riod preceding the submission of the report.
(B) DETERMINATION REQUIRED.Not later than 90
days after the date of the enactment of this Act, and every
180 days thereafter, the President shall make a deter
mination, based on the reports required by subparagraph
(A), of whether the price and supply of petroleum and pe
troleum products produced in countries other than Iran is
sufficient to permit purchasers of petroleum and petroleum
products from Iran
to
reduce significantly in volume their
purchases from Iran.
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Sec. 1245
National Defense Authorization Act for Fiscal Yea...
358
(C) APPLICATION OF SANCTIONS.Except as provided
in subparagraph (D), sanctions imposed under paragraph
(l)(A) shall apply with respect to a financial transaction
conducted or facilitated by a foreign financial institution
on or after the date that is 180 days after the date of the
enactment of this Act for the purchase of petroleum or pe
troleum products from Iran if the President determines
pursuant to subparagraph (B) that there is a sufficient
supply of petroleum and petroleum products from co un
tries other than Iran to permit a significant reduction in
the volume of petroleum and petroleum products pur
chased from Iran by or through foreign financial institu
tions.
(D) EXCEPTION.
(i) IN GENERAL.Sanctions imposed pursuant to
paragraph (1) shall not apply with respect to a finan
cial transaction described in clause (ii) conducted or
facilitated by a foreign financial institution if the
President determines and reports to Congress, not
later than 90 days after the date on which the Presi
dent makes the determination required by subpara
graph (B), and every 180 days thereafter, that the
country with primary jurisdiction over the foreign fi
nancial institution
(I
has significantly reduced reduced' its vol
ume of crude oil purchases from Iran during the
period beginning on the date on which the Presi
dent submitted the last report with respect to the
country under this subparagraph; or
(II) in the case of a country that has pre
viously received an exception under this subpara
graph, has, after receiving the exception, reduced
ts crude oil purchases from Iran to zero.
(ii) FINANCIAL TRANSACTIONS DESCRIBED.-A fi
nancial transaction conducted or facilitated by a for
eign financial institution is described in this clause
if-
(1) the financial transaction is only for trade
in goods or services between the country with pri
mary jurisdiction over the foreign financial insti
tution and Iran; and
(II) any funds owed to Iran as a result of such
trade are credited to an account located in the
country with primary jurisdiction over the foreign
financial institution.
(5) WAIVER.-The President may waive the imposition of
sanctions under paragraph (1) for a period of not more than
120 days, and may renew that waiver for additional periods of
not more than 120 days, if the President-
(A) determines that such a waiver is in the national
security interest of the United States; and
(B) submits to Congress a report-
4so in law.
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359
National Defense Authorization Act for Fiscal Yea...
Sec. 1245
(i) providing a justification for the waiver;
(ii) certifying that the country with primary juris
diction over the foreign financial institution otherwise
subject to the sanctions faced exceptional cir
cumstances that prevented the country from being
able to reduce significantly its purchases of petroleum
and petroleum products from Iran; and
(iii) that includes any concrete cooperation the
President has received or expects to receive as a result
of the waiver.
(e) MULTILATERAL DIPLOMACY INITIATIVE.
(1) IN GENERAL.-The President shall--
(A) carry out an initiative of multilateral diplomacy to
persuade countries purchasing oil from Iran-
(i) to limit the use by Iran of revenue from pur
chases of oil to purchases of non-luxury consumers
goods from the country purchasing the oil; and
(ii) to prohibit purchases by Iran of-
(!) military or dual-use technology, including
items-
(aa) in the Annex to the Missile Tech
nology Control Regime Guidelines;
(bb) in the Annex on Chemicals to the
Convention on the Prohibition of the Develop
ment, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction,
done at Paris January 13, 1993, and entered
into force April 29, 1997 (commonly known as
the "Chemical Weapons Convention");
(cc) in Part 1 or 2 of the Nuclear Sup
pliers Group Guidelines; or
(dd) on a control list of the Wassenaar Ar
rangement on Export Controls for Conven
tional Arms and Dual-Use Goods and Tech
nologies; or
(II) any other item that could contribute to
Iran's conventional, nuclear, chemical, or biologi
cal weapons program; and
(B) conduct outreach to petroleum-producing countries
to encourage those countries to increase their output of
crude oil to ensure there is a sufficient supply of crude oil
from countries other than Iran and to minimize any im
pact on the price of oil resulting from the imposition of
sanctions under this section.
(2) REPORT REQUIRED.-Not later than 180 days after the
date of the enactment of this Act, and every 180 days there
after, the President shall submit to Congress a report on the
efforts of the President to carry out the initiative described in
paragraph (l)(A) and conduct the outreach described in para
graph (l)(B) and the results of those efforts.
(f) FORM OF REPORTS.--Each report submitted under this sec
tion shall be submitted in unclassified form, but may contain a
classified annex.
(g) IMPLEMENTATION; PENALTIES.
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Sec. 1245
National Defense Authorization Act for Fiscal Yea...
360
(1) IMPLEMENTATION.The President may exercise all au
thorities provided under sections 203 and 205 of the Inter
national Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) PENALTIES.The penalties provided for in subsections
(b) and (cl of section 206 of the International Emergency Eco
nomic Powers Act (50 U.S.C. 1705) shall apply to a person that
violates, attempts to violate, conspires to violate, or causes a
violation of this section or regulations prescribed under this
section to the same extent that such penalties apply to a per
son that commits an unlawful act described in section 206(a)
of that Act.
th) DEFINITIONS.-In this section:
(1) ACCOUNT; CORRESPONDENT ACCOUNT;
PAYABLE
THROUGH ACC0UNT. The terms "account", "correspondent ac
count", and "payable-through account" have the meanings
given those terms in section 5318A of title 31, United States
Code.
(2) FOREIGN FINANCIAL INSTITUTION.-The term "foreign fi
nancial institution" has the meaning of that term as deter
mined by the Secretary of the Treasury pursuant to section
104(i) of the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8513(i)).
(3) SIGNIFICANT REDUCTIONS. The terms "reduce signifi
cantly", "significant reduction", and "significantly reduced",
with respect to purchases from Iran of petroleum and petro
leum products, include a reduction in such purchases in terms
of price or volume toward a complete cessation of such pur
chases.
(4) UNITED STATES
PERS0N.The term "United States per
son" means-
(A) a natural person who is a citizen or resident of the
United States or a national of the United States (as de
fined in section l0l(a) of the Immigration and Nationality
Act (8 US.C. ll0l(a))); and
(B an entity that is organized under the laws of the
United States or a jurisdiction within the United States.
(i) TERMINATI0N.The provisions of this section shall termi
nate on the date that is 30 days after the date on which the Presi
dent submits to Congress the certification described in section
401(a) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8551(a)).
TITLE XIII-COOPERATIVE THREAT
REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for cooperative biological engagement
program.
Sec. 1304. Limitation on use of funds for establishment of centers of excellence in
countries outside of the former Soviet Union.
January 18, 2018
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Annex 18
Section 212 of the U.S. Iran Threat Reduction and Syria Human Rights Act of 2012,
Pub. L. No. 112-158, 126 Stat. 1229

- 303 -

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PUBLIC LAW 112-158 AUG. 10, 2012
IRAN THREAT REDUCTION AND SYRIA
HUMAN RIGHTS ACT OF 2012
- 305 -

126 STAT. 1214
PUBLIC LAW 112-158-AUG. 10, 2012
Public Law 112-158
112th Congress
An Act
Aug. 10, 2012
[H.R. 1905]
To strengthen Iran sanctions laws for the purpose of compelling Iran to abandon
its pursuit of nuclear weapons and other threatening activities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Iran Threat
Reduction and
Syria Human
Rights Act of
2012.
22 USC 8701
note.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.This Act may be cited as the "Iran Threat
Reduction and Syria Human Rights Act of 2012".
(b) TABLE OF CONTENTS.The table of contents for this Act
is as follows:
1.
Sec.
Short title; table of contents.
Sec. 2. Definitions.
TITLE I-EXPANSION OF MULTILATERAL SANCTIONS REGIME WITH
RESPECT TO IRAN
Sec.
101.
Sense of Congress on enforcement of multilateral sanctions regime and
expansion and implementation of sanctions laws.
Sec.
102.
Diplomatic efforts to expand multilateral sanctions regime.
TITLE II-EXPANSION OF SANCTIONS RELATING TO THE ENERGY SECTOR
OF IRAN
AND
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION BY
IRAN
Subtitle A-Expansion of the Iran Sanctions Act of
1996
201.
Sec.
Expansion of sanctions with respect to the energy sector of Iran.
Imposition of sanctions with respect to transportation of crude oil from
Iran and evasion of sanctions by shipping companies.
Expansion of sanctions with respect to development by Iran of weapons
of mass destruction.
Expansion of sanctions available under the Iran Sanctions Act of
202.
Sec.
203.
Sec.
204.
Sec.
1996.
205.
Sec.
Modification of waiver standard under the Iran Sanctions Act of
1996.
206.
Sec.
Briefings on implementation of the Iran Sanctions Act of
1996.
207.
Sec.
Expansion of definitions under the Iran Sanctions Act of
1996.
208.
Sec.
Sense of Congress on energy sector of Iran.
Subtitle B-Additional Measures Relating to Sanctions Against Iran
211.
Imposition of sanctions with respect to the provision of vessels or shipping
services to transport certain goods related to proliferation or terrorism
activities to Iran.
Sec.
Sec.
212.
Imposition of sanctions with respect to_provision of underwriting services
or insurance or reinsurance for the National Iranian Oil Company or
the National Iranian Tanker Company.
Sec.
213.
Imposition of sanctions with respect to purchase, subscription to, or facili
tation of the issuance of Iranian sovereign debt.
Sec.
214.
Imposition of sanctions with respect to subsidiaries and agents of persons
sanctioned by United Nations Security Council resolutions.
Sec.
215.
Imposition of sanctions with respect to transactions with persons sanc
tioned for certain activities relating to terrorism or proliferation of
weapons of mass destruction.
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PUBLIC LAW 112-158-AUG. 10, 2012
126 STAT. 1229
(c) WAIVER-The President may waive the requirement to Time period.
impose sanctions with respect to a person under subsection (a) Reports.
on or after the date that is 30 days after the President-
(1) determines that such a waiver is vital to the national
security interests of the United States; and
(2) submits to the appropriate congressional committees
a report that contains the reasons for that determination.
(d) REPORT REQUIRED.
(1) IN GENERAL.-Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter,
the Secretary of the Treasury, in coordination with the Sec
retary of State, shall submit to the appropriate congressional
committees a report identifying operators of vessels and other
persons that conduct or facilitate significant financial trans
actions with persons that manage ports in Iran that have
been designated for the imposition of sanctions pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
(2) FORM OF REPORT.-A report submitted under paragraph
(1) shall be submitted in unclassified form but may contain
a classified annex.
(e) RULE OF CONSTRUCTION.Nothing in this section shall be
construed to limit the authority of the President to designate per
sons for the imposition of sanctions pursuant to Executive Order
No. 13382 (70 Fed. Reg. 38567; relating to the blocking of property
of weapons of mass destruction proliferators and their supporters)
or Executive Order No. 13224 (66 Fed. Reg. 49079; relating to
blocking property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism), or otherwise
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
SEC. 212. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION 22
USC 8722.
OF UNDERWRITING SERVICES OR INSURANCE OR
REINSURANCE FOR THE NATIONAL IRANIAN OIL COMPANY
OR THE NATIONAL IRANIAN TANKER COMP ANY.
(a) IN GENERAL.Except as provided in subsection (b), not Deadline.
later than 60 days after the date of the enactment of this Act,
the President shall impose 5 or more of the sanctions described
in section 6(a) of the Iran Sanctions Act of 1996, as amended
by section 204, with respect to a person if the President determines
that the person knowingly, on or after such date of enactment,
provides underwriting services or insurance or reinsurance for the
National Iranian Oil Company, the National Iranian Tanker Com-
pany, or a successor entity to either such company.
(b) EXCEPTIONS.
(1) UNDERWRITERS AND
INSURANCE PROVIDERS EXERCISING
DUE DILIGENCE.-The President is authorized not to impose
sanctions under subsection (a) with respect to a person that
provides underwriting services or insurance or reinsurance if
the President determines that the person has exercised due
diligence in establishing and enforcing official policies, proce
dures, and controls to ensure that the person does not provide
underwriting services or insurance or reinsurance for the
National Iranian Oil Company, the National Iranian Tanker
Company, or a successor entity to either such company.
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126 STAT. 1230
PUBLIC LAW 112-158-AUG. 10, 2012
(2) FOOD; MEDICINE; HUMANITARIAN ASSISTANCE.-The
President may not impose sanctions under subsection (a) for
the provision of underwriting services or insurance or reinsur
ance for any activity relating solely to-
(A) the provision of agricultural commodities, food,
medicine, or medical devices to Iran; or
(B) the provision of humanitarian assistance to the
people of Iran.
(3) TERMINATION PERIOD.-The President is authorized not
to impose sanctions under subsection (a) with respect to a
person if the President receives reliable assurances that the
person will terminate the provision of underwriting services
or insurance or reinsurance for the National Iranian Oil Com
pany, the National Iranian Tanker Company, and any successor
entity to either such company, not later than the date that
is 120 days after the date of the enactment of this Act.
(c) DEFINITIONS.-ln this section:
(1) AGRICULTURAL COMMODITY.-The term "agricultural
commodity" has the meaning given that term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) MEDICAL DEVICE.-The term "medical device" has the
meaning given the term "device" in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) MEDICINE.The term "medicine" has the meaning given
the term "drug'' in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(d) APPLICATION OF PROVISIONS OF IRAN SANCTIONS ACT OR
1996.-The following provisions of the Iran Sanctions Act of 1996,
as amended by this Act, apply with respect to the imposition of
sanctions under subsection (a) to the same extent that such provi
sions apply with respect to the imposition of sanctions under section
5(a) of the Iran Sanctions Act of 1996:
(1) Subsection (c) of section 4.
(2) Subsections (c), (d), and (f) of section 5.
(3) Section 8.
(4) Section 9.
(5) Section 11.
(6) Section 12.
(7) Subsection (b) of section 13.
(8) Section 14.
(e) RULE OF CONSTRUCTION AND IMPLEMENTATION.-Nothing
in this section shall be construed to limit the authority of the
President to impose sanctions pursuant to the Iran Sanctions Act
of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), the Comprehen
sive Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C. 8501 et seq.), the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), section 1245 of the National
Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a),
or any other provision of this Act.
22
USC 8723.
SEC. 213. IMPOSITION OF SANCTIONS WITH RESPECT TO PURCHASE,
SUBSCRIPTION TO, OR FACILITATION OF THE ISSUANCE
OF IRANIAN SOVEREIGN DEBT.
(a) IN GENERAL.-The President shall impose 5 or more of
the sanctions described in section 6(a) of the Iran Sanctions Act
of 1996, as amended by section 204, with respect to a person
if the President determines that the person knowingly, on or after

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Annex 19
U.S. Iran Freedom and Counter-Proliferation Act of 2012, Sections 1241 to 1255 of the
U.S. National Defense Authorization Act for Fiscal Year 2013, Pub. L. No. 112-239,
126 Stat. 2004

- 309 -

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PUBLIC LAW 112-239-JAN. 2, 2013
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2013
- 311 -

126 STAT. 1632
PUBLIC LAW 112-239---JAN. 2, 2013
Public Law 112-239
112th Congress
An Act
Jan. 2, 2013
[H.R. 4310]
To authorize appropriations for fiscal year 2013 for military activities of the Depart
ment of Defense, for military construction, and for defense activities of the Depart
ment of Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
National Defense
Authorization
Act for Fiscal
Year 2013.
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "National Defense Authorization
Act for Fiscal Year 2013".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.-This Act is organized into four divisions as
follows:
(1) Division A-Department of Defense Authorizations.
(2) Division B-Military Construction Authorizations.
(3) Division C-Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D-Funding Tables.
(b) TABLE OF CONTENTS.-The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A-DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I-PROCUREMENT
Subtitle A-Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B Army Programs
Multiyear procurement authority for Army CH-47 helicopters.
Reports on airlift requirements of the Army.
Subtitle C-Navy Programs
Extension of Ford class aircraft carrier construction authority.
Multiyear procurement authority for Virginia class submarine program.
Multiyear procurement authority for Arleigh Burke class destroyers and
associated systems.
Limitation on availability of amounts for second Ford class aircraft car
rier.
Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Designation of mission modules of the Littoral Combat Ship as a major
defense acquisition program.
Report on Littoral Combat Ship designs.
Comptroller General review of Littoral Combat Ship program.
Sense of Congress on importance of engineering in early stages of ship
building.
Sec. 111.
Sec. 112.
Sec. 121.
Sec. 122.
Sec. 123.
Sec. 124.
Sec. 125.
Sec. 126.
Sec. 127.
Sec. 128.
Sec. 129.
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 1645
Sec. 1223.
Sec. 1224.
Sec. 1225.
Sec. 1226.
Sec. 1227.
Sec. 1228.
Report on efforts to promote the security of Afghan women and girls
during the security transition process.
Sense of Congress commending the Enduring Strategic Partnership
Agreement between the United States and Afghanistan.
Consultations with Congress on a bilateral security agreement with Af
ghanistan.
Completion of transition of United States combat and military and secu
rity operations to the Government of Afghanistan.
Extension and modification of authority for reimbursement of certain co
alition nations for support provided to United States military oper
ations.
Extension and modification of Pakistan Counterinsurgency Fund.
Subtitle C-Matters Relating to Iran
Sec. 1231.
Sec. 1232.
Sec. 1233.
Sec. 1234.
Report on United States capabilities in relation to China, North Korea,
and Iran.
Report on military capabilities of Gulf Cooperation Council members.
Sense of Congress with respect to Iran.
Rule of construction.
Subtitle D-Iran Sanctions
Sec. 1241.
Sec. 1242.
Sec. 1243.
1244.
Sec.
1245.
Sec.
1246.
Sec.
1247.
Sec.
1248.
Sec.
Sec. 1249.
Sec. 1250.
Sec. 1251.
Sec. 1252.
Sec. 1253.
Sec. 1254.
Sec. 1255.
Short title.
Definitions.
Sense of Congress relating to violations of human rights by Iran.
Imposition of sanctions with respect to the energy, shipping, and ship
building sectors of Iran.
Imposition of sanctions with respect to the sale, supply, or transfer of
certain materials to or from Iran.
Imposition of sanctions with respect to the provision of underwriting
services or insurance or reinsurance for activities or persons with re
spect to which sanctions have been imposed.
Imposition of sanctions with respect to foreign financial institutions that
facilitate fmancial transactions on behalf of specially designated nation
als.
Impositions of sanctions with respect to the Islamic Republic of Iran
Broadcasting.
Imposition of sanctions with respect to persons engaged in the diversion
of goods intended for the people of Iran.
Waiver requirement related to exceptional circumstances preventing sig
nificant reductions in crude oil purchases.
Statute of limitations for civil actions regarding terrorist acts.
Report on use of certain Iranian seaports by foreign vessels and use of
foreign airports by sanctioned Iranian air carriers.
Implementation; penalties.
Applicability to certain natural gas projects.
Rule of construction.
Subtitle E-Satellites and Related Items
Sec. 1261.
Sec. 1262.
Sec. 1263.
Sec. 1264.
Sec. 1265.
Sec. 1266.
Sec. 1267.
Removal of satellites and related items from the United States Muni
tions List.
Report on licenses and other authorizations to export certain satellites
and related items.
Report on country exemptions for licensing of exports of certain satellites
and related items.
End-use monitoring of certain satellites and related items.
Interagency review of modifications to Category XV of the United States
Munitions List.
Rules of construction.
Definitions.
Subtitle F-Other Matters
Sec. 1271.
Sec. 1272.
Sec. 1273.
Sec. 1274.
Sec. 1275.
Sec. 1276.
Additional elements in annual report on military and security develop
ments involving the People's Republic of China.
NATO Special Operations Headquarters.
Sustainability requirements for certain capital projects in connection
with overseas contingency operations.
Administration of the American, British, Canadian, and Australian Ar
mies' Program.
United States participation in Headquarters Eurocorps.
Department of Defense participation in European progra
m on multilat
eral exchange of air transportation and air refueling services.
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126 STAT. 1978
PUBLIC LAW 112-239---JAN. 2, 2013
1228.
Sec.
Extension and modification of Pakistan Counterinsurgency Fund.
Subtitle C-Matters Relating to Iran
1231.
Sec.
1232.
Sec.
1233.
Sec.
1234.
Sec.
Report on United States capabilities in relation to China, North Korea,
and Iran.
Report on military capabilities of Gulf Cooperation Council members.
Sense of Congress with respect to Iran.
Rule of construction.
1241.
Sec.
1242.
Sec.
1243.
Sec.
1244.
Sec.
1245.
Sec.
1246.
Sec.
1247.
Sec.
1248.
Sec.
1249.
Sec.
1250.
Sec.
1251.
Sec.
1252.
Sec.
1253.
Sec.
1254.
Sec.
1255.
Sec.
1261.
Sec.
1262.
Sec.
1263.
Sec.
1264.
Sec.
1265.
Sec.
1266.
Sec.
1267.
Sec.
1271.
Sec.
1272.
Sec.
1273.
Sec.
1274.
Sec.
1275.
Sec.
1276.
Sec.
1277.
Sec.
1278.
Sec.
1279.
Sec.
1280.
Sec.
1281.
Sec.
1282.
Sec.
1283.
Sec.
Subtitle D Iran Sanctions
Short title.
Definitions.
Sense of Congress relating to violations of human rights by Iran.
Imposition of sanctions with respect to the energy, shipping, and ship
building sectors of Iran.
Imposition of sanctions with respect to the sale, supply, or transfer of
certain materials to or from Iran.
Imposition of sanctions with respect to the provision of underwriting
services or insurance or reinsurance for activities or persons with re
spect to which sanctions have been imposed.
Imposition of sanctions with respect to foreign financial institutions that
facilitate fmancial transactions on behalf of specially designated nation
als.
Impositions of sanctions with respect to the Islamic Republic of Iran
Broadcasting.
Imposition of sanctions with respect to persons engaged in the diversion
of goods intended for the people of Iran.
Waiver requirement related to exceptional circumstances preventing sig
nificant reductions in crude oil purchases.
Statute of limitations for civil actions regarding terrorist acts.
Report on use of certain Iranian seaports by foreign vessels and use of
foreign airports by sanctioned Iranian air carriers.
Implementation; penalties.
Applicability to certain natural gas projects.
Rule of construction.
Subtitle E-Satellites and Related Items
Removal of satellites and related items from the United States Muni
tions List.
Report on licenses and other authorizations to export certain satellites
and related items.
Report on country exemptions for licensing of exports of certain satellites
and related items.
End-use monitoring of certain satellites and related items.
lnteragency review of modifications to Category XV of the United States
Munitions List.
Rules of construction.
Definitions.
Subtitle F-Other Matters
Additional elements in annual report on military and security develop
ments involving the People's Republic of China.
NATO Special Operations Headquarters.
Sustainability requirements for certain capital projects in connection
with overseas contingency operations.
Administration of the American, British, Canadian, and Australian Ar
mies' Program.
United States participation in Headquarters Eurocorps.
Department of Defense participation in European program on multilat
eral exchange of air transportation and air refueling services.
Prohibition on use of funds to enter into contracts or agreements with
Rosoboronexport.
Sense of Congress on Iron Dome short-range rocket defense system.
Bilateral defense trade relationship with India.
United States Advisory Commission on Public Diplomacy.
Sense of Congress on sale of aircraft to Taiwan.
Briefings on dialogue between the United States and the Russian Fed
eration on nuclear arms, missile defense systems, and long-range con
ventional strike systems.
Sense of Congress on efforts to remove or apprehend Joseph Kony from
the battlefield and end the atrocities of the Lord's Resistance Army.
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126 STAT. 2004
PUBLIC LAW 112-239---JAN. 2, 2013
An
(3)
evaluation of United States military capabilities
and posture in the region and an analysis of the capacity
of the United States Armed Forces to augment the military
capabilities of Gulf Cooperation Council members.
(4) A description of the United States Government's ongoing
efforts to foster regional cooperation through ongoing bilateral
and multilateral strategic security dialogues.
(5) A summary of Gulf Cooperation Council operational
and training requests to the United States Government and
the associated actions taken by the United States Government.
(c) SUBMISSION TO CONGRESS.The report required under sub
section (a) shall be submitted to the appropriate congressional
committees not later than 180 days after the date of the enactment
of this Act.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.-In
this section, the term "appropriate congressional committees"
means-
(1) the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Foreign Relations of
the Senate; and
(2) the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1233. SENSE OF CONGRESS WITH RESPECT TO IRAN.
It is the sense of Congress that the United States should
be prepared to take all necessary measures, including military
action if required, to prevent Iran from threatening the United
States, its allies, or Iran's neighbors with a nuclear weapon.
22
USC
SEC. 1234. RULE OF CONSTRUCTION.
8784
note.
Nothing in this Act shall be construed as authorizing the use
of force against Iran.
Subtitle D-Iran Sanctions
Iran Freedom
and Counter
Proliferation Act
SEC. 1241. SHORT TITLE.
of 2012.
President.
This subtitle may be cited as the "Iran Freedom and Counter
22
USC
8801
note.
Proliferation Act of2012".
22
USC
8801.
SEC. 1242. DEFINITIONS.
(a) IN GENERAL.In this subtitle:
(1) AGRICULTURAL COMMODITY.-The term "agricultural
commodity" has the meaning given that term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term
"appropriate congressional committees" means-
(A) the committees specified in section 14(2) of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
1701 note); and
(B) the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives.
(3) COAL.The term "coal" means metallurgical coal, coking
coal, or fuel coke.
(4) CORRESPONDENT ACCOUNT; PAYABLE-THROUGH
ACCOUNT.-The terms "correspondent account" and "payable-
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 2005
through account" have the meanings given those terms in sec
tion 5318A of title 31, United States Code.
(5) FOREIGN FINANCIAL INSTITUTION.-The term "foreign
financial institution" has the meaning of that term as deter
mined by the Secretary of the Treasury pursuant to section
104(i) of the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8513(i)).
(6) Gooo.-The term "good" has the meaning given that
term in section 16 of the Export Administration Act of 1979
(50 U.S.C. App. 2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.)).
(7) IRANIAN FINANCIAL INSTITUTION.-The term "Iranian
financial institution" has the meaning given that term in section
104A(d) of the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8513b(d)).
(8) IRANIAN PERSON.-The term "Iranian person" means
(A) an individual who is a citizen or national of Iran;
and
(B) an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government
of Iran.
(9) KNOWINGLY.The term "knowingly", with respect to
conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct,
the circumstance, or the result.
(10) MEDICAL DEVICE.-The term "medical device" has the
meaning given the term "device" in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(11) MEDICINE.-The term "medicine" has the meaning
given the term "drug" in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
(12) SHIPPING.-The term "shipping" refers to the transpor
tation of goods by a vessel and related activities.
(13) UNITED STATES PERSON.-The term "United States per
son" has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of2010 (22 U.S.C. 8511).
(14) VESSEL.The term "vessel" has the meaning given
that term in section 3 of title 1, United States Code.
(b) DETERMINATIONS OF SIGNIFICANCE.For purposes of this
subtitle, in determining if financial transactions or financial services
are significant, the President may consider the totality of the facts
and circumstances, including factors similar to the factors set forth
in section 561.404 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
SEC. 1243. SENSE OF CONGRESS RELATING TO VIOLATIONS OF HUMAN 22 USC 8802.
RIGHTS BY IRAN.
(a) FINDING.Congress finds that the interests of the United
States and international peace are threatened by the ongoing and
destabilizing actions of the Government of Iran, including its mas
sive, systematic, and extraordinary violations of the human rights
of its own citizens.
(b) SENSE OF CONGRESS.It is the sense of Congress that
the United States should-
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126 STAT. 2006
PUBLIC LAW 112-239---JAN. 2, 2013
(1) deny the Government of Iran the ability to continue
to oppress the people of Iran and to use violence and executions
against pro-democracy protestors and regime opponents;
(2) fully and publicly support efforts made by the people
of Iran to promote the establishment of basic freedoms that
build the foundation for the emergence of a freely elected,
open, and democratic political system;
(3) help the people of Iran produce, access, and share
information freely and safely via the Internet and through
other media; and
(4) defeat all attempts by the Government of Iran to jam
or otherwise obstruct international satellite broadcast signals.
22 USC 8803.
SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO THE
ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF
IRAN.
(a) FINDINGS.Congress makes the following findings:
(1) Iran's energy, shipping, and shipbuilding sectors and
Iran's ports are facilitating the Government of Iran's nuclear
proliferation activities by providing revenue to support pro
liferation activities.
(2) The United Nations Security Council and the United
Effective date.
Time period.
States Government have expressed concern about the prolifera
tion risks presented by the Iranian nuclear program.
(3) The Director General of the International Atomic
Energy Agency (in this section referred to as the "IAEA'') has
in successive reports (GOV/2012/37 and GOV/2011/65) identified
possible military dimensions of Iran's nuclear program.
(4) The Government of Iran continues to defy the require
ments and obligations contained in relevant IAEA Board of
Governors and United Nations Security Council resolutions,
including by continuing and expanding uranium enrichment
activities in Iran, as reported in IAEA Report GOV/2012/37.
(5) United Nations Security Council Resolution 1929 (2010)
recognizes the "potential connection between Iran's revenues
derived from its energy sector and the funding of Iran's pro
liferation sensitive nuclear activities".
(6) The National Iranian Tanker Company is the main
carrier for the Iranian Revolutionary Guard Corps-designated
National Iranian Oil Company and a key element in the petro
leum supply chain responsible for generating energy revenues
that support the illicit nuclear proliferation activities of the
Government of Iran.
(b) DESIGNATION OF PORTS AND ENTITIES IN THE ENERGY, SHIP
PING, AND SHIPBUILDING SECTORS OF IRAN AS ENTITIES OF PRO
LIFERATION CONCERN.Entities that operate ports in Iran and enti
ties in the energy, shipping, and shipbuilding sectors of Iran,
including the National Iranian Oil Company, the National Iranian
Tanker Company, the Islamic Republic of Iran Shipping Lines,
and their affiliates, play an important role in Iran's nuclear pro
liferation efforts and all such entities are hereby designated as
entities of proliferation concern.
(c) BLOCKING OF PROPERTY OF ENTITIES IN
ENERGY, SHIPPING,
AND SHIPBUILDING SECTORS.
(1) BLOCKING OF PROPERTY.-
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 2007
(A) IN GENERAL.-On and after the date that is 180
days after the date of the enactment of this Act, the Presi
dent shall block and prohibit all transactions in all property
and interests in property of any person described in para
graph (2) if such property and interests in property are
in the United States, come within the United States, or
are or come within the possession or control of a United
States person.
(B) EXCEPrION.-The requirement to block and prohibit
all transactions in all property and interests in property
under subparagraph (A) shall not include the authority
to impose sanctions on the importation of goods.
(2) PERSONS DESCRIBED.-A person is described in this Determination.
paragraph if the President determines that the person, on
or after the date that is 180 days after the date of the enactment
of this Act-
(A) is part of the energy, shipping, or shipbuilding
sectors of Iran;
(B) operates a port in Iran; or
(C) knowingly provides significant financial, material,
technological, or other support to, or goods or services
in support of any activity or transaction on behalf of or
for the benefit of-
(i) a person determined under subparagraph (A)
to be a part of the energy, shipping, or shipbuilding
sectors of Iran;
(ii) a person determined under subparagraph (B)
to operate a port in Iran; or
(iii) an Iranian person included on the list of spe
cially designated nationals and blocked persons main
tained by the Office of Foreign Assets Control of the
Department of the Treasury (other than an Iranian
financial institution described in paragraph (3)).
(3) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.-An Ira
nian financial institution described in this paragraph is an
Iranian financial institution that has not been designated for
the imposition of sanctions in connection with-
(A) Iran's proliferation of weapons of mass destruction
or delivery systems for weapons of mass destruction;
(B) Iran's support for international terrorism; or
(C) Iran's abuses of human rights.
(d) ADDITIONAL SANCTIONS WITH
RESPECT TO THE ENERGY,
SHIPPING, AND SHIPBUILDING SECTORS OF IRAN.
(1) SALE, SUPPLY, OR TRANSFER OF CERTAIN GOODS AND
SERVICES.-
(A) IN GENERAL.-Except as provided in this section, Determination.
the President shall impose 5 or more of the sanctions
described in section 6(a) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) with respect
to a person if the President determines that the person
knowingly, on or after the date that is 180 days after
the date of the enactment of this Act, sells, supplies, or
transfers to or from Iran goods or services described in
paragraph (3).
(B) EXCEPTION.The requirement to impose sanctions
under subparagraph (A) shall not include the authority
to impose sanctions relating to the importation of goods
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126 STAT. 2008
PUBLIC LAW 112-239---JAN. 2, 2013
Effective date.
Time period.
under paragraph (8)(A) or (12) of section 6(a) of the Iran
Sanctions Act of 1996, and any sanction relating to the
importation of goods shall not count for purposes of the
requirement to impose sanctions under subparagraph (A).
(2) FACILITATION OF CERTAIN TRANSACTIONS.-Except as
provided in this section, the President shall prohibit the
opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account
or a payable-through account by a foreign financial institution
that the President determines knowingly, on or after the date
that is 180 days after the date of the enactment of this Act,
conducts or facilitates a significant financial transaction for
the sale, supply, or transfer to or from Iran of goods or services
described in paragraph (3).
(3) Goons AND SERVICES DESCRIBED.-Goods or services
described in this paragraph are significant goods or services
used in connection with the energy, shipping, or shipbuilding
sectors of Iran, including the National Iranian Oil Company,
the National Iranian Tanker Company, and the Islamic
Republic of Iran Shipping Lines.
(e) HUMANITARIAN EXCEPTION.The President may not impose
sanctions under this section with respect to any person for con
ducting or facilitating a transaction for the sale of agricultural
commodities, food, medicine, or medical devices to Iran or for the
provision of humanitarian assistance to the people of Iran.
(f) EXCEPTION FOR AFGHANISTAN RECONSTRUCTION.-The Presi
Determination.
Notification.
Deadline.
dent may provide for an exception from the imposition of sanctions
under this section for reconstruction assistance or economic develop
ment for Afghanistan-
(1) to the extent that the President determines that such
an exception is in the national interest of the United States;
and
(2) if the President submits to the appropriate congressional
committees a notification of and justification for the exception
not later than 15 days before issuing the exception.
(g) APPLICABILITY OF SANCTIONS TO PETROLEUM AND PETRO
LEUM PRODUCTS.
(1) IN GENERAL.-Except as provided in paragraph (2), this
section shall apply with respect to the purchase of petroleum
or petroleum products from Iran only if, at the time of the
purchase, a determination of the President under section
1245(d)(4)(B) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price and
supply of petroleum and petroleum products produced in coun
tries other than Iran is sufficient to permit purchasers of petro
leum and petroleum products from Iran to reduce significantly
their purchases from Iran is in effect.
(2) EXCEPTION FOR CERTAIN COUNTRIES.-
(A) EXPORTATION.-This section shall not apply with
respect to the exportation of petroleum or petroleum prod
ucts from Iran to a country to which the exception under
section 1245(d)(4)(D)(i) of the National Defense Authoriza
tion Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i))
applies at the time of the exportation of the petroleum
or petroleum products.
(B) FINANCIAL TRANSACTIONS.-
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 2009
(i) IN GENERAL.-This section shall not apply with
respect to a financial transaction described in clause
(ii) conducted or facilitated by a foreign financial
institution if, at the time of the transaction, the excep
tion under section 1245(d)(4)(D)(i) of the National
Defense Authorization Act for Fiscal Year 2012 (22
U.S.C. 8513a(d)(4)(D)(i)) applies to the country with
primary jurisdiction over the foreign financial institu
tion.
(ii) FINANCIAL TRANSACTIONS DESCRIBED.-A finan
cial transaction conducted or facilitated by a foreign
financial institution is described in this clause if
(1) the financial transaction is only for trade
in goods or services-
(aa) not otherwise subject to sanctions
under the law of the United States; and
(bb) between the country with primary
jurisdiction over the foreign financial institu
tion and Iran; and
(II) any funds owed to Iran as a result of
such trade are credited to an account located in
the country with primary jurisdiction over the for
eign financial institution.
(h) APPLICABILITY OF SANCTIONS TO NATURAL GAS.
(1) SALE, SUPPLY, OR TRANSFER.-Except as provided in
paragraph (2), this section shall not apply to the sale, supply,
or transfer to or from Iran of natural gas.
(2) FINANCIAL TRANSACTIONS.-This section shall apply to
a foreign financial institution that conducts or facilitates a
financial transaction for the sale, supply, or transfer to or
from Iran of natural gas unless-
(A) the financial transaction is only for trade in goods
or services-
(i) not otherwise subject to sanctions under the
law of the United States; and
(ii) between the country with primary jurisdiction
over the foreign financial institution and Iran; and
(B) any funds owed to Iran as a result of such trade
are credited to an account located in the country with
primary jurisdiction over the foreign financial institution.
(i) WAIVER.
(1) IN GENERAL.-The President may waive the imposition Time periods.
of sanctions under this section for a period of not more than
180 days, and may renew that waiver for additional periods
of not more than 180 days, if the President-
(A) determines that such a waiver is vital to the Determination.
national security of the United States; and
(B) submits to the appropriate congressional commit- Reports.
tees a report providing a justification for the waiver.
(2) FORM OF REPORT.-Each report submitted under para
graph (l)(B) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1245. IMPOSITION OF SANCTIONS WITH
RESPECT TO THE SALE, 22 USC 8804.
SUPPLY, OR TRANSFER OF CERTAIN MATERIALS TO OR
FROM IRAN.
(a) SALE, SUPPLY, OR TRANSFER OF CERTAIN MATERIALS.
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126 STAT. 2010
PUBLIC LAW 112-239---JAN. 2, 2013
(1) IN GENERAL.-The President shall impose 5 or more
of the sanctions described in section 6(a) of the Iran Sanctions
Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) with
respect to a person if the President determines that the person
knowingly, on or after the date that is 180 days after the
date of the enactment of this Act, sells, supplies, or transfers,
directly or indirectly, to or from lran-
(A) a precious metal;
(B) a material described in subsection (d) determined
pursuant to subsection (e)(l) to be used by Iran as described
in that subsection;
(C) any other material described in subsection (d) if
(i) the material is-
(1) to be used in connection with the energy,
shipping, or shipbuilding sectors of Iran or any
sector of the economy of Iran determined pursuant
to subsection (e)(2) to be controlled directly or
indirectly by Iran's Revolutionary Guard Corps;
(II) sold, supplied, or transferred to or from
an Iranian person included on the list of specially
designated nationals and blocked persons main
tained by the Office of Foreign Assets Control of
the Department of the Treasury (other than an
Iranian financial institution described in sub
section (b)); or
(III) determined pursuant to subsection (e)(3)
to be used in connection with the nuclear, military,
or ballistic missile programs of Iran; or
(ii) the material is resold, retransferred, or other
wise supplied-
(I) to an end-user in a sector described in
subclause (I) of clause (i);
(II) to a person described in subclause (II)
of that clause; or
(III) for a program described in subclause (III)
of that clause.
(2) EXCEPTION.-The requirement to impose sanctions
under paragraph (1) shall not include the authority to impose
sanctions relating to the importation of goods under paragraph
(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996,
and any sanction relating to the importation of goods shall
not count for purposes of the requirement to impose sanctions
under paragraph (1).
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.-An Iranian
financial institution described in this subsection is an Iranian finan
cial institution that has not been designated for the imposition
of sanctions in connection with-
(1) Iran's proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) FACILITATION OF CERTAIN TRANSACTIONS.The President
shall prohibit the opening, and prohibit or impose strict conditions
on the maintaining, in the United States of a correspondent account
or a payable-through account by a foreign financial institution
that the President determines knowingly, on or after the date
that is 180 days after the date of the enactment of this Act,
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 2011
conducts or facilitates a significant financial transaction for the
sale, supply, or transfer to or from Iran of materials the sale,
supply, or transfer of which would subject a person to sanctions
under subsection (a).
(d) MATERIALS DESCRIBED.-Materials described in this sub
section are graphite, raw or semi-finished metals such as aluminum
and steel, coal, and software for integrating industrial processes.
(e) DETERMINATION WITH
RESPECT TO USE OF MATERIALS.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the President shall submit
to the appropriate congressional committees and publish in the
Federal Register a report that contains the determination of the
President with respect to-
( 1) whether Iran is-
(A) using any of the materials described in subsection
(d) as a medium for barter, swap, or any other exchange
or transaction; or
(B) listing any of such materials as assets of the
Government of Iran for purposes of the national balance
sheet of Iran;
(2) which sectors of the economy of Iran are controlled
directly or indirectly by Iran's Revolutionary Guard Corps; and
(3) which of the materials described in subsection (d) are
used in connection with the nuclear, military, or ballistic missile
programs of Iran.
Deadlines.
Federal Register,
publication.
Reports.
(f) EXCEPTION FOR PERSONS EXERCISING DUE DILIGENCE.-The
De termination.
President may not impose sanctions under subsection (a) or (c)
with respect to a person if the President determines that the person
has exercised due diligence in establishing and enforcing official
policies, procedures, and controls to ensure that the person does
not sell, supply, or transfer to or from Iran materials the sale,
supply, or transfer of which would subject a person to sanctions
under subsection (a) or conduct or facilitate a financial transaction
for such a sale, supply, or transfer.
(g) WAIVER.
(1) IN GENERAL.-The President may waive the imposition
of sanctions under this section for a period of not more than
180 days, and may renew that waiver for additional periods
of not more than 180 days, if the President-
(A) determines that such a waiver is vital to the
national security of the United States; and
(B) submits to the appropriate congressional commit
tees a report providing a justification for the waiver.
(2) FORM OF REPORT.-Each report submitted under para
graph (l)(B) shall be submitted in unclassified form, but may
include a classified annex.
(h) NATIONAL BALANCE SHEET OF IRAN DEFINED.For purposes
of this section, the term "national balance sheet of Iran" refers
to the ratio of the assets of the Government of Iran to the liabilities
of that Government.
Time periods.
Determination.
Reports.
SEC. 1246. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVI- 22 USC 8805.
SION OF UNDERWRITING SERVICES OR INSURANCE OR
REINSURANCE FOR ACTIVITIES OR PERSONS WITH
RESPECT TO WHICH SANCTIONS HAVE BEEN IMPOSED.
(a) IMPOSITION OF SANCTIONS.
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126 STAT. 2012
PUBLIC LAW 112-239---JAN. 2, 2013
Determination.
Effective date.
Time period.
(1) IN GENERAL.-Except as provided in this section, the
President shall impose 5 or more of the sanctions described
in section 6(a) of the Iran Sanctions Act of 1996 (Public Law
104--172; 50 U.S.C. 1701 note) with respect to a person if
the President determines that the person knowingly, on or
after the date that is 180 days after the date of the enactment
of this Act, provides underwriting services or insurance or
reinsurance-
(A) for any activity with respect to Iran for which
sanctions have been imposed under this subtitle, the Inter
national Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), the Iran Sanctions Act of 1996, the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C. 8501 et seq.), the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.),
the Iran, North Korea, and Syria Nonproliferation Act
(Public Law 106-178; 50 U.S.C. 1701 note), or any other
provision of law relating to the imposition of sanctions
with respect to Iran;
(B) to or for any person-
(i) with respect to, or for the benefit of any activity
in the energy, shipping, or shipbuilding sectors of Iran
for which sanctions are imposed under this subtitle;
(ii) for the sale, supply, or transfer to or from
Iran of materials described in section 1245(d) for which
sanctions are imposed under this subtitle; or
(iii) designated for the imposition of sanctions
pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) in connection
with-
(1) Iran's proliferation of weapons of mass
destruction or delivery systems for weapons of
mass destruction; or
(II) Iran's support for international terrorism;
or
(C) to or for any Iranian person included on the list
of specially designated nationals and blocked persons main
tained by the Office of Foreign Assets Control of the Depart
ment of the Treasury (other than an Iranian financial
institution described in subsection (b)).
(2) EXCEPTION.-The requirement to impose sanctions
under paragraph (1) shall not include the authority to impose
sanctions relating to the importation of goods under paragraph
(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996,
and any sanction relating to the importation of goods shall
not count for purposes of the requirement to impose sanctions
under paragraph (1).
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.An Iranian
financial institution described in this subsection is an Iranian finan
cial institution that has not been designated for the imposition
of sanctions in connection with-
(1) Iran's proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) HUMANITARIAN EXCEPTION.-The President may not impose
sanctions under subsection (a) for the provision of underwriting
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 2013
services or insurance or reinsurance for a transaction for the sale
of agricultural commodities, food, medicine, or medical devices to
Iran or for the provision of humanitarian assistance to the people
of Iran.
(d) EXCEPTION FOR UNDERWRITERS
AND
INSURANCE PROVIDERS
EXERCISING DUE DILIGENCE.-The President may not impose sanc- Determination.
tions under subparagraph (A) or (C) or clause (i) or (ii) of subpara-
graph (B) of subsection (a)(l) with respect to a person that provides
underwriting services or insurance or reinsurance if the President
determines that the person has exercised due diligence in estab-
lishing and enforcing official policies, procedures, and controls to
ensure that the person does not underwrite or enter into a contract
to provide insurance or reinsurance for an activity described in
subparagraph (A) of that subsection or to or for any person described
in subparagraph (C) or clause (i) or (ii) of subparagraph (B) of
that subsection.
(e) WAIVER.
(1) IN GENERAL.-The President may waive the imposition Time periods.
of sanctions under subsection (a) for a period of not more
than 180 days, and may renew that waiver for additional
periods of not more than 180 days, if the President-
(A) determines that such a waiver is vital to the Determination.
national security of the United States; and
(B) submits to the appropriate congressional commit- Reports.
tees a report providing a justification for the waiver.
(2) FORM OF REPORT.-Each report submitted under para
graph (l)(B) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 22 USC 8806.
FINANCIAL INSTITUTIONS THAT FACILITATE FINANCIAL
TRANSACTIONS ON BEHALF OF SPECIALLY DESIGNATED
NATIONALS.
(a) IN GENERAL.Except as provided in this section, the Presi- Determination.
dent shall prohibit the opening, and prohibit or impose strict condi- Effective date.
tions on the maintaining, in the United States of a correspondent Time period.
account or a payable-through account by a foreign financial institu-
tion that the President determines has, on or after the date that
is 180 days after the date of the enactment of this Act, knowingly
facilitated a significant financial transaction on behalf of any Ira-
nian person included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury (other than an Iranian
financial institution described in subsection (b)).
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.An Iranian
financial institution described in this subsection is an Iranian finan
cial institution that has not been designated for the imposition
of sanctions in connection with-
(1) Iran's proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) HUMANITARIAN EXCEPI'ION.-The President may not impose
sanctions under subsection (a) with respect to any person for con
ducting or facilitating a transaction for the sale of agricultural
commodities, food, medicine, or medical devices to Iran or for the
provision of humanitarian assistance to the people of Iran.
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126 STAT. 2014
PUBLIC LAW 112-239---JAN. 2, 2013
(d) APPLICABILITY OF SANCTIONS TO PETROLEUM AND PETRO
LEUM
PRODUCTS.
(1) IN GENERAL.-Except as provided in paragraph (2), sub
section (a) shall apply with respect to a financial transaction
for the purchase of petroleum or petroleum products from Iran
only if, at the time of the transaction, a determination of
the President under section 1245(d)( 4)(B) of the National
Defense Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a(d)(4)(B)) that the price and supply of petroleum and
petroleum products produced in countries other than Iran is
sufficient to permit purchasers of petroleum and petroleum
products from Iran to reduce significantly their purchases from
Iran is in effect.
(2) EXCEPTION FOR CERTAIN COUNTRIES.-
(A) IN GENERAL.-Subsection (a) shall not apply with
respect to a financial transaction described in subparagraph
(B) conducted or facilitated by a foreign financial institution
if, at the time of the transaction, the exception under
section 1245(d)(4)(D)(i) of the National Defense Authoriza
tion Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i))
applies to the country with primary jurisdiction over the
foreign financial institution.
(B) FINANCIAL TRANSACTIONS DESCRIBED.-A financial
transaction conducted or facilitated by a foreign financial
institution is described in this subparagraph if-
(i) the financial transaction is only for trade in
goods or services-
(1) not otherwise subject to sanctions under
the law of the United States; and
(II) between the country with primary jurisdic
tion over the foreign financial institution and Iran;
and
(ii) any funds owed to Iran as a result of such
trade are credited to an account located in the country
with primary jurisdiction over the foreign financial
institution.
(e) APPLICABILITY OF SANCTIONS TO NATURAL GAS.Subsection
(a) shall apply to a foreign financial institution that conducts or
facilitates a financial transaction for the sale, supply, or transfer
to or from Iran of natural gas unless-
(1) the financial transaction is only for trade in goods
or services-
(A) not otherwise subject to sanctions under the law
of the United States; and
(B) between the country with primary jurisdiction over
the foreign financial institution and Iran; and
(2) any funds owed to Iran as a result of such trade are
credited to an account located in the country with primary
jurisdiction over the foreign financial institution.
(f) WAIVER.
Time periods.
(1) IN GENERAL.-The President may waive the imposition
Determination.
of sanctions under subsection (a) for a period of not more
than 180 days, and may renew that waiver for additional
periods of not more than 180 days, if the President-
(A) determines that such a waiver is vital to the
national security of the United States; and
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 2015
(B) submits to the appropriate congressional commit- Reports.
tees a report providing a justification for the waiver.
(2) FORM OF REPORT.-Each report submitted under para
graph (l)(B) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1248. IMPOSITIONS OF SANCTIONS WITH RESPECT TO THE 22 USC 8807.
ISLAMIC REPUBLIC OF IRAN BROADCASTING.
(a) FINDINGS.Congress makes the following findings:
(1) The Islamic Republic of Iran Broadcasting has contrib
uted to the infringement of individuals' human rights by broad
casting forced televised confession and show trials.
(2) In March 2012, the European Council imposed sanctions
on the President of the Islamic Republic of Iran Broadcasting,
Ezzatollah Zargami, for broadcasting forced confessions of
detainees and a series of "show trials" in August 2009 and
December 2011 that constituted a clear violation of inter
national law with respect to the right to a fair trial and due
process.
(b) IMPOSITION OF SANCTIONS.
(1) IN GENERAL.-The President shall, after the date of
the enactment of this Act-
(A) impose sanctions described in section 105(c) of the Ezzatollah
Comprehensive Iran Sanctions, Accountability, and Divest- Zargami.
ment Act of 2010 (22 U.S.C. 8514(c)) with respect to the
Islamic Republic of Iran Broadcasting and the President
of the Islamic Republic of Iran Broadcasting, Ezzatollah
Zargami; and
(B) include the Islamic Republic of Iran Broadcasting
and the President of the Islamic Republic of Iran Broad
casting, Ezzatollah Zargami, on the list of specially des
ignated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury.
(2) EXCEPTION.The requirement to impose sanctions
under paragraph (l)(A) shall not include the authority to impose
sanctions on the importation of goods.
(3) APPLICATION OF CERTAIN PROVISIONS.-Sections 105(d)
and 401(b) of the Comprehensive Iran Sanctions, Account
ability, and Divestment Act of 2010 (22 U.S.C. 8514(d) and
8551(b)) shall apply with respect to sanctions imposed under
paragraph (l)(A) to the same extent that such sections apply
with respect to the imposition of sanctions under section 105(a)
of that Act (22 U.S.C. 8514(a)).
SEC. 1249. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR
THE PEOPLE OF IRAN.
(a) IN GENERAL.Title I of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8511 et
seq.) is amended by inserting after section 105B the following:
"SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 22 USC 8514c.
ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR
THE PEOPLE OF IRAN.
"(a) IMPOSITION OF SANCTIONS.
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126 STAT. 2016
PUBLIC LAW 112-239---JAN. 2, 2013
"(1) IN GENERAL.-The President shall impose sanctions
Determination.
Effective date.
Web posting.
described in section 105(c) with respect to each person on
the list required by subsection (b).
"(2) EXCEPTION.-The requirement to impose sanctions
under paragraph (1) shall not include the authority to impose
sanctions on the importation of goods.
"(b) LIST OF PERSONS WHO ENGAGE IN DIVERSION.
"(1) IN GENERAL.-As relevant information becomes avail
able, the President shall submit to the appropriate congres
sional committees a list of persons that the President deter
mines have, on or after the date of the enactment of the
Iran Freedom and Counter-Proliferation Act of 2012, engaged
in corruption or other activities relating to-
"(A) the diversion of goods, including agricultural
commodities, food, medicine, and medical devices, intended
for the people of Iran; or
"(B) the misappropriation of proceeds from the sale
or resale of such goods.
"(2) FORM OF REPORT; PUBLIC AVAILABILITY.
"(A) FORM.-The list required by paragraph (1) shall
be submitted in unclassified form but may contain a classi
fied annex.
"(B) PUBLIC AVAILABILITY.-The unclassified portion of
the list required by paragraph (1) shall be made available
to the public and posted on the websites of the Department
of the Treasury and the Department of State.
"(c) Goon DEFINED.-ln this section, the term 'good' has the
meaning given that term in section 1242(a) of the Iran Freedom
and Counter-Proliferation Act of 2012.".
(b) WAIVER-Section 401(b)(l) of the Comprehensive Iran Sanc
tions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8551(b)(l)) is amended-
(1) by striking "or 105Ba)" and inserting "105B(a), or
105C(a)"; and
(2) by striking "or 105B(b)" and inserting "105B(b), or
105Cb.
(c) CLERICAL AMENDMENT.-The table of contents for the Com
prehensive Iran Sanctions, Accountability, and Divestment Act of
2010 is amended by inserting after the item relating to section
105B the following:
"Sec. 105C. Imposition of sanctions with respect to persons engaged in the diver
sion of goods intended for the people of Iran.".
SEC. 1250. WAIVER REQUIREMENT RELATED TO EXCEPTIONAL CIR
CUMSTANCES PREVENTING SIGNIFICANT REDUCTIONS IN
CRUDE OIL PURCHASES.
Section 1245(d)(5)(B) of the National Defense Authorization
Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(B)) is amended
(1) in clause (i), by striking "; and" and inserting a semi
colon;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following new clause:
"(ii) certifying that the country with primary juris
diction over the foreign financial institution otherwise
subject to the sanctions faced exceptional cir
cumstances that prevented the country from being able
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PUBLIC LAW 112-239----JAN. 2, 2013
126 STAT. 2017
to reduce significantly its purchases of petroleum and
petroleum products from Iran; and".
SEC. 1251. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) IN GENERAL.Section 2335 of title 18, United States Code,
is amended-
(1) in subsection (a), by striking "4 years" and inserting
"10 years; and
(2) in subsection (b), by striking "4-year period" and
inserting "10-year period".
(b) EFFECTIVE DATE.The amendments made by this section
shall apply to any civil action arising under section 2333 of title
18, United States Code, that is pending on, or commenced on
or after, the date of the enactment of this Act.
(c) SPECIAL RULE RELATING TO CERTAIN ACTS OF INTER
NATIONAL TERRORISM.-Notwithstanding section 2335 of title 18,
United States Code, as amended by subsection (a), a civil action
under section 2333 of such title resulting from an act of inter
national terrorism that occurred on or after September 11, 2001,
and before the date that is 4 years before the date of the enactment
of this Act, may be maintained if the civil action is commenced
during the 6-year period beginning on such date of enactment.
Applicability.
18 USC 2335
note.
Time period.
18 USC 2335
note.
SEC. 1252. REPORT ON USE OF CERTAIN IRANIAN SEAPORTS BY FOR-
EIGN VESSELS AND USE OF FOREIGN AIRPORTS BY SANC
TIONED IRANIAN AIR CARRIERS.
22 USC 8808.
(a) IN GENERAL.Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through 2016,
the President shall submit to the appropriate congressional commit
tees a report that contains-
( 1) a list of large or otherwise significant vessels that
have entered seaports in Iran controlled by the Tidewater
Middle East Company during the period specified in subsection
(b) and the owners and operators of those vessels; and
(2) a list of all airports at which aircraft owned or controlled
by an Iranian air carrier on which sanctions have been imposed
by the United States have landed during the period specified
in subsection (b).
(b) PERIOD SPECIFIED.The period specified in this subsection
is-
(1) in the case of the first report submitted under subsection
(a), the 180-day period preceding the submission of the report;
and
(2) in the case of any subsequent report submitted under
that subsection, the year preceding the submission of the report.
(c) FORM OF REPORT.Each report required by subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 1253. IMPLEMENTATION; PENALTIES.
22 USC 8809.
(a) IMPLEMENTATION.-The President may exercise all authori
ties provided under sections 203 and 205 of the International Emer
gency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry
out this subtitle.
(b) PENALTIES.- The penalties provided for in subsections (b) Applicability.
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S. C. 1705) shall apply to a person that violates,
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126 STAT. 2018
PUBLIC LAW 112-239---JAN. 2, 2013
attempts to violate, conspires to violate, or causes a violation of
this subtitle or regulations prescribed under this subtitle to the
same extent that such penalties apply to a person that commits
an unlawful act described in section 206(a) of that Act.
(C) APPLICATION OF CERTAIN PROVISIONS OF IRAN SANCTIONS
ACT OF 1996.-The following provisions of the Iran Sanctions Act
of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) shall apply
with respect to the imposition of sanctions under sections 1244(d),
1245(a), and 1246(a) to the same extent that such provisions apply
with respect to the imposition of sanctions under section 5(a) of
the Iran Sanctions Act of 1996, and, as appropriate, instead of
sections 1244(i), 1245(g), and 1246(e) of this Act:
(1) Paragraphs (l)(A), (2)(A), and (2)(B)(i) of section 4(c).
(2) Subsections (c), (d), and (f) of section 5.
(3) Section 8.
(4) Section 11.
(5) Section 12.
(6) Section 13(b).
22 USC 8810.
SEC. 1254. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS.
Nothing in this subtitle or the amendments made by this sub
title shall apply with respect to any activity relating to a project
described in
subsection (a) of section 603 of the Iran Threat Reduc
tion and Syria Human Rights Act of 2012 (22 U.S.C. 8783) to
which the exception under that section applies at the time of the
activity.
22 USC 8811.
SEC. 1255. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this sub
title shall be construed to limit sanctions imposed with respect
to Iran under any other provision of law or to limit the authority
of the President to impose additional sanctions with respect to
Iran.
Subtitle E-Satellites and Related Items
SEC. 1261. REMOVAL OF SATELLITES AND RELATED ITEMS FROM THE
UNITED STATES MUNITIONS LIST.
President.
(a) REPEAL.
(1) IN GENERAL.-Section 1513 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2174; 22 U.S.C. 2778 note) is amended
by striking subsection (a).
(2) CONFORMING AMENDMENT.-Subsection (c) of such sec
tion is amended by striking "(1) Subsection (a)" and all that
follows through "(2) The amendments" and inserting "The
amendments".
(b) ADDITIONAL DETERMINATION AND REPORT.Accompanying
but separate from the submission to Congress of the first notifica
tion after the date of the enactment of this Act under section
38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) relating
to the removal of satellites and related items from the United
States Munitions List, the President shall also submit to Congress-
(1) a determination by the President that the removal
of such satellites and items from the United States Munitions
List is in
the national security interests of the United States;
and

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Volume I - Annexes 1-19