Secondo report del facilitatore per l’implementazione della risoluzione 2231 del Consiglio di Sicurezza pronunciato dal Rappresentante Permanente d’Italia alle Nazioni Unite, Ambasciatore Sebastiano Cardi al meeting del consiglio di Sicurezza su “Non-proliferazione”
“I. Introduction
1. The note by the President of the Security Council of 16 January 2016 (S/2016/44) set forth the practical arrangements and procedures for the Council for carrying out tasks related to the implementation of resolution 2231 (2015), particularly with respect to the provisions specified in paragraphs 2 to 7 of annex B to that resolution.
2. The note established that the Security Council should select on an annual basis one member to serve as its Facilitator for the functions specified therein. On 16 January 2016, the Permanent Representative of Spain, H.E. Mr. Román Oyarzun Marchesi, was appointed as Facilitator for the implementation of Security Council resolution 2231 (2015) for the period ending 31 December 2016. On 3 January 2017, I was appointed as Facilitator for the implementation of Security Council resolution 2231 (2015) for the period ending 31 December 2017 (S/2017/2).
3. The note further established that the Facilitator shall brief the other members of the Council on its work and the implementation of resolution 2231 (2015) every six months, in parallel with the report submitted by the Secretary-General on the implementation of the resolution.
4. On 18 July 2016, the Security Council was briefed by the Under-Secretary-General for Political Affairs on the first report of the Secretary-General on the implementation of resolution 2231 (2015) (S/2016/589), by the Facilitator on the work of the Council and the implementation of resolution 2231 (2015) (S/2016/649), and by the Head of the Delegation of the European Union to the United Nations, on behalf of the High Representative of the Union for Foreign Affairs and Security Policy, in her capacity as Coordinator of the Joint Commission established by the JCPOA (see S/PV.7739).
5. The present report covers the period from 16 July 2016 to 15 January 2017.
II. The “2231 format” of the Security Council
6. During the reference period, the representatives of the “2231 format” of the Security Council held an informal meeting on 13 January 2017, to discuss issues relevant to the implementation of the resolution and review, as set forth in paragraph 7 of the note by the President of the Security Council (S/2016/44), the findings and recommendations contained in the second report of the Secretary-General on the implementation of resolution 2231 (2015) before its public release.
7. On 21 September 2016, the Facilitator’s team together with the Secretariat met with representatives of the Joint Commission established by the JCPOA to discuss the functioning of the procurement channel. This meeting was further proof of the fluid cooperation between the Security Council and the Joint Commission and gave continuity to similar meetings held in the past.
8. Over the six months of reference, there were no changes to the list maintained pursuant to resolution 2231 (2015), which presently includes 23 individuals and 61 entities.[1]
9. During the reporting period, the Facilitator continued to have the support of the Secretariat, through the Security Council Affairs Division (SCAD) of the Department of Political Affairs (DPA).
III. Joint Comprehensive Plan of Action (JCPOA)
10. On 16 January 2016, upon the submission by the Director General of the International Atomic Energy Agency (IAEA) to the IAEA Board of Governors, and, in parallel, to the Security Council, of a report confirming that the Islamic Republic of Iran had taken the actions specified in paragraphs 15.1 to 15.11 of JCPOA annex V (S/2016/57, annex), all provisions of resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) were terminated.
11. On the same day, all the provisions of annex B to resolution 2231 (2015) entered into force, requiring compliance with paragraphs 1, 2, 4 and 5 and the provisions in paragraphs 6 (a) to (f) of annex B to the resolution for the duration specified therein, and calling compliance with paragraphs 3 and 7 of annex B to the resolution.
12. In line with paragraph 4 of resolution 2231 (2015), the IAEA Director General submitted in September and November 2016 to the IAEA Board of Governors and, in parallel, to the Security Council reports on its verification and monitoring activities in the Islamic Republic of Iran in the light of resolution 2231 (2015) (S/2016/808 and S/2016/983). Director General Amano, in his introductory statement to the 17 November 2016 meeting of the Board of Governors called attention to his report that the Agency continued to verify and monitor the Islamic Republic of Iran’s implementation of its nuclear-related commitments under the Joint Comprehensive Plan of Action (JCPOA). In addition, on 6 December 2016, IAEA submitted an update on developments in relation to the Iranian stockpile of heavy water since its last quarterly report.
13. In both quarterly reports, the Agency affirms that Iran has not pursued construction of the existing Arak heavy water research reactor (IR-40 Reactor) based on its original design; Iran has no more than 5060 IR-1 centrifuges that have remained installed in 30 cascades at Natanz, and Iran has not enriched uranium above 3.67% U-235; Iran has not conducted any uranium enrichment or related research and development activities at Fordow, and there has not been any nuclear material at the plant; 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 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 and 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). Both reports also affirm Iran’s continued cooperation with JCPOA-specified monitoring of uranium ore concentrate in Iran.
14. The Agency also reported that it was continuing to verify the non-diversion of declared nuclear material at the nuclear facilities and locations outside facilities where nuclear material is customarily used, declared by the Islamic Republic of Iran under its Safeguards Agreement. The Agency further reported that the Islamic Republic of Iran continues to provisionally apply the Additional Protocol to its Safeguards Agreement and that the Agency continues its evaluations regarding the absence of undeclared nuclear material and activities for the Islamic Republic of Iran, including through the conduct of complementary accesses under the Additional Protocol to sites and other locations in the Islamic Republic of Iran.
IV. Monitoring the implementation of the resolution 2231 (2015)
15. Over the reporting period, the Facilitator received no information regarding alleged actions inconsistent with resolution 2231 (2015). At the same time, the Facilitator took note of the letter from Israel to the President of the Security Council (S/2016/987), as well as the letter of the Islamic Republic of Iran (S/2016/992).
16. During the reporting period, the Facilitator had contacts with the Permanent Mission of the Islamic Republic of Iran to the United Nations to seek a response to two alleged instances of arms transfer:
A. On 7 June 2016 the Council received a report on the implementation of paragraph 6 (b) of annex B to resolution 2231 (2015) (see para. 23 of S/2016/649). A Member State informed the Council that its naval forces had encountered and boarded a dhow transiting international waters in the vicinity of the Gulf of Oman with arms that had allegedly originated in the Islamic Republic of Iran and were likely bound for Yemen. On 17 June 2016, the Facilitator sent a letter to the Permanent Representative of the Islamic Republic of Iran to the United Nations (see para. 24 of S/2016/649) inviting his Government to comment on this report.
B. On 5 July 2016, the Council received another report on the implementation of paragraph 6 (b) of annex B to resolution 2231 (2015). A Member State informed the Council that its naval forces had encountered and boarded a ship in the northern Indian Ocean with arms that had allegedly originated in the Islamic Republic of Iran and were likely bound for Yemen or Somalia (see para. 25 of S/2016/649). On 22 July 2016, the Facilitator sent a second letter to the Permanent Representative of the Islamic Republic of Iran to the United Nations inviting his Government to comment on this report.
17. During the contacts of the Facilitator to seek clarification about these two alleged instances, the Permanent Mission of the Islamic Republic of Iran rejected the allegations, reiterating that the Islamic Republic of Iran had never engaged in such deliveries. As of the closing date for the present report, the Islamic Republic of Iran has not formally replied to the letters of 17 June 2016 and 22 July 2016.
V. Procurement channel approval, notifications and exemptions
18. In the reporting period, the procurement channel processed five proposals to participate in or permit activities set forth in paragraph 2 of annex B to resolution 2231 (2015) that were submitted by two Member States to the Security Council for approval. In accordance with paragraph 8 (b) of the note by the President of the Security Council (S/2016/44), the proposals were immediately forwarded to the Joint Commission for its review.
19. Two proposals for the supply of items, material, equipment, goods and technology set out in INFCIRC/254/Rev.9/Part 2 were submitted to the Council on 6 October 2016. The Joint Commission provided recommendations of approval. The two proposals were subsequently approved by the Security Council on 17 November 2016. One proposal for the supply of items, material, equipment, goods and technology set out in INFCIRC/254/Rev.12.Part 1 was submitted to the Council on 15 November 2016. The Joint Commission provided a recommendation of approval. The proposal was approved by the Security Council on 28 December 2016. Two proposals for the supply of items, material, equipment, goods and technology set out in INFCIRC/254/Rev.9.Part 2 were submitted to the Council on 6 December 2016. These proposals are currently under review by the Joint Commission.
20. On 23 December 2016, the Coordinator of the Procurement Working Group transmitted to the Facilitator of resolution 2231 (2015) the second six-month report of the Joint Commission (S/2016/1113, as per para. 6.10 of the JCPOA Annex IV) reflecting the activities performed during the said six-month reporting period..
21. In addition, one notification was submitted to the Council on 17 November 2016 in relation to the transfer to the Islamic Republic of Iran of technology covered by B.1 of INFCIRC/254/Rev.12/Part1 intended for light water reactors. A second and third notifications were submitted to the Council on 23 and 28 December, respectively, in relation to the transfer to the Islamic Republic of Iran of low-enriched uranium covered by A.1.2 of INFCIRC/254/REV.12/Part 1 incorporated in assembled nuclear fuel elements intended for light water reactors, as well as of equipment covered by B.1 of INFCIRC/254/Rev.12/Part.1 intended for light water reactors. According to paragraph 2 of the annex B to resolution 2231 (2015), certain nuclear-related activities do not require approval but do require a notification to the Security Council or both to the Security Council and the Joint Commission
VI. Other approval and exemption requests
22. On 23 November 2016, one proposal to participate in and permit the activities set forth in paragraph 5 of annex B to resolution 2231 (2015) was submitted by a Member State to the Security Council. The Security Council has not yet replied to this proposal.
23. Exemptions to the assets freeze provisions are contained in paragraphs 6 (d) of annex B to resolution 2231 (2015). Exemptions to the travel ban provisions are contained in paragraph 6 (e) of annex B to resolution 2231 (2015). During the reporting period, no exemptions requests were received or granted by the Security Council in relation to the 23 individuals and 61 entities presently on the list maintained pursuant to resolution 2231 (2015).
VII. Transparency, guidance and outreach
24. During this period, transparency, practical guidance and outreach remained a priority, in view of the importance of a proper understanding of resolution 2231 (2015) for its implementation.
25. The website on resolution 2231 (2015), managed and regularly updated by the Secretariat, has been a key instrument to provide relevant information about the implementation of the resolution. From 18 July to 20 December 2016, the number of page views was more than 72,000, for a total amount of more than 140,000 since the creation of the website.
26. On 25 July 2016, the Council responded to a request for guidance submitted by a Member State on 24 June regarding access to foreign ports by Iranian-flagged vessels in order to load and unload goods. The Council recalled that all the provisions of previous resolutions on the Iranian nuclear issue were terminated on 16 January 2016, in line with paragraph 7 (a) of resolution 2231 (2015), including the ban on provision of bunkering services to Iranian-owned or – contracted vessels, including chartered vessels, believed to carry prohibited items. The Council further recalled that none of the provisions of annex B to resolution 2231 (2015) prevent Iranian-flagged vessels, as well as Iranian-owned or –contracted vessels, including chartered vessels, from entering foreign ports in order to load and unload goods. The Council also recalled the provisions in paragraphs 6-7 of annex B to resolution 2231 (2015) related to items on States’ territories – including seaports and airports – the supply, sale, transfer, or export of which is not in compliance with the JCPOA or resolution 2231 (2015).
27. On 19 September 2016, in response to a request submitted by a Member State through the Facilitator, the Joint Commission provided guidance on temporary nuclear-related transfers to the Islamic Republic of Iran pursuant to paragraph 2 of annex B to resolution 2231 (2015). The Joint Commission indicated that in cases where the goods in question are intended to remain in the Islamic Republic of Iran only for a certain period of time and subsequently leave the Islamic Republic of Iran would follow the established procedure within the procurement channel, including an end-use certification signed by the designated Iranian national authority. The Joint Commission also indicated that it would endeavour to expedite its review of temporary exports for demonstration or display in exhibitions. The guidance was reflected in amended versions of the documents offering practical information on the procurement channel, which are available on the Security Council website dedicated to the implementation of resolution 2231 (2015) and were brought to the attention of all Member States through a Note Verbale issued by the Facilitator on 18 October 2016 (SCA/4/16 (10)).
28. On 27 December 2016, the Facilitator received a report on the steps taken by one Member State to bring its national legal framework in compliance with resolution 2231 (2015).
29. During the reporting period, the Facilitator held several bilateral consultations with UN Member States’ representatives, including the Islamic Republic of Iran, to discuss issues relevant to the implementation of resolution 2231 (2015).
[1] The list maintained pursuant to resolution 2231 (2015) includes the individuals and entities specified on the list established under resolution 1737 (2006) and maintained by the Security Council Committee established pursuant to resolution 1737 (2006), as at the date of adoption of resolution 2231 (2015), with the exception of 36 individuals and entities specified in the attachment to annex B to resolution 2231 (2015), who were delisted on Implementation Day. The Council can delist individuals or entities, and list additional individuals and entities found to meet certain designation criteria defined by resolution 2231 (2015). On 17 January 2016, the Council decided to delist one entity, Bank Sepah and Bank Sepah International (see Security Council, press release of 17 January 2016, entitled “Security Council removes Bank Sepah and Bank Sepah International from 2231 list”).:I. Introduction
1. The note by the President of the Security Council of 16 January 2016 (S/2016/44) set forth the practical arrangements and procedures for the Council for carrying out tasks related to the implementation of resolution 2231 (2015), particularly with respect to the provisions specified in paragraphs 2 to 7 of annex B to that resolution.
2. The note established that the Security Council should select on an annual basis one member to serve as its Facilitator for the functions specified therein. On 16 January 2016, the Permanent Representative of Spain, H.E. Mr. Román Oyarzun Marchesi, was appointed as Facilitator for the implementation of Security Council resolution 2231 (2015) for the period ending 31 December 2016. On 3 January 2017, I was appointed as Facilitator for the implementation of Security Council resolution 2231 (2015) for the period ending 31 December 2017 (S/2017/2).
3. The note further established that the Facilitator shall brief the other members of the Council on its work and the implementation of resolution 2231 (2015) every six months, in parallel with the report submitted by the Secretary-General on the implementation of the resolution.
4. On 18 July 2016, the Security Council was briefed by the Under-Secretary-General for Political Affairs on the first report of the Secretary-General on the implementation of resolution 2231 (2015) (S/2016/589), by the Facilitator on the work of the Council and the implementation of resolution 2231 (2015) (S/2016/649), and by the Head of the Delegation of the European Union to the United Nations, on behalf of the High Representative of the Union for Foreign Affairs and Security Policy, in her capacity as Coordinator of the Joint Commission established by the JCPOA (see S/PV.7739).
5. The present report covers the period from 16 July 2016 to 15 January 2017.
II. The “2231 format” of the Security Council
6. During the reference period, the representatives of the “2231 format” of the Security Council held an informal meeting on 13 January 2017, to discuss issues relevant to the implementation of the resolution and review, as set forth in paragraph 7 of the note by the President of the Security Council (S/2016/44), the findings and recommendations contained in the second report of the Secretary-General on the implementation of resolution 2231 (2015) before its public release.
7. On 21 September 2016, the Facilitator’s team together with the Secretariat met with representatives of the Joint Commission established by the JCPOA to discuss the functioning of the procurement channel. This meeting was further proof of the fluid cooperation between the Security Council and the Joint Commission and gave continuity to similar meetings held in the past.
8. Over the six months of reference, there were no changes to the list maintained pursuant to resolution 2231 (2015), which presently includes 23 individuals and 61 entities.[1]
9. During the reporting period, the Facilitator continued to have the support of the Secretariat, through the Security Council Affairs Division (SCAD) of the Department of Political Affairs (DPA).
III. Joint Comprehensive Plan of Action (JCPOA)
10. On 16 January 2016, upon the submission by the Director General of the International Atomic Energy Agency (IAEA) to the IAEA Board of Governors, and, in parallel, to the Security Council, of a report confirming that the Islamic Republic of Iran had taken the actions specified in paragraphs 15.1 to 15.11 of JCPOA annex V (S/2016/57, annex), all provisions of resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) were terminated.
11. On the same day, all the provisions of annex B to resolution 2231 (2015) entered into force, requiring compliance with paragraphs 1, 2, 4 and 5 and the provisions in paragraphs 6 (a) to (f) of annex B to the resolution for the duration specified therein, and calling compliance with paragraphs 3 and 7 of annex B to the resolution.
12. In line with paragraph 4 of resolution 2231 (2015), the IAEA Director General submitted in September and November 2016 to the IAEA Board of Governors and, in parallel, to the Security Council reports on its verification and monitoring activities in the Islamic Republic of Iran in the light of resolution 2231 (2015) (S/2016/808 and S/2016/983). Director General Amano, in his introductory statement to the 17 November 2016 meeting of the Board of Governors called attention to his report that the Agency continued to verify and monitor the Islamic Republic of Iran’s implementation of its nuclear-related commitments under the Joint Comprehensive Plan of Action (JCPOA). In addition, on 6 December 2016, IAEA submitted an update on developments in relation to the Iranian stockpile of heavy water since its last quarterly report.
13. In both quarterly reports, the Agency affirms that Iran has not pursued construction of the existing Arak heavy water research reactor (IR-40 Reactor) based on its original design; Iran has no more than 5060 IR-1 centrifuges that have remained installed in 30 cascades at Natanz, and Iran has not enriched uranium above 3.67% U-235; Iran has not conducted any uranium enrichment or related research and development activities at Fordow, and there has not been any nuclear material at the plant; 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 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 and 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). Both reports also affirm Iran’s continued cooperation with JCPOA-specified monitoring of uranium ore concentrate in Iran.
14. The Agency also reported that it was continuing to verify the non-diversion of declared nuclear material at the nuclear facilities and locations outside facilities where nuclear material is customarily used, declared by the Islamic Republic of Iran under its Safeguards Agreement. The Agency further reported that the Islamic Republic of Iran continues to provisionally apply the Additional Protocol to its Safeguards Agreement and that the Agency continues its evaluations regarding the absence of undeclared nuclear material and activities for the Islamic Republic of Iran, including through the conduct of complementary accesses under the Additional Protocol to sites and other locations in the Islamic Republic of Iran.
IV. Monitoring the implementation of the resolution 2231 (2015)
15. Over the reporting period, the Facilitator received no information regarding alleged actions inconsistent with resolution 2231 (2015). At the same time, the Facilitator took note of the letter from Israel to the President of the Security Council (S/2016/987), as well as the letter of the Islamic Republic of Iran (S/2016/992).
16. During the reporting period, the Facilitator had contacts with the Permanent Mission of the Islamic Republic of Iran to the United Nations to seek a response to two alleged instances of arms transfer:
A. On 7 June 2016 the Council received a report on the implementation of paragraph 6 (b) of annex B to resolution 2231 (2015) (see para. 23 of S/2016/649). A Member State informed the Council that its naval forces had encountered and boarded a dhow transiting international waters in the vicinity of the Gulf of Oman with arms that had allegedly originated in the Islamic Republic of Iran and were likely bound for Yemen. On 17 June 2016, the Facilitator sent a letter to the Permanent Representative of the Islamic Republic of Iran to the United Nations (see para. 24 of S/2016/649) inviting his Government to comment on this report.
B. On 5 July 2016, the Council received another report on the implementation of paragraph 6 (b) of annex B to resolution 2231 (2015). A Member State informed the Council that its naval forces had encountered and boarded a ship in the northern Indian Ocean with arms that had allegedly originated in the Islamic Republic of Iran and were likely bound for Yemen or Somalia (see para. 25 of S/2016/649). On 22 July 2016, the Facilitator sent a second letter to the Permanent Representative of the Islamic Republic of Iran to the United Nations inviting his Government to comment on this report.
17. During the contacts of the Facilitator to seek clarification about these two alleged instances, the Permanent Mission of the Islamic Republic of Iran rejected the allegations, reiterating that the Islamic Republic of Iran had never engaged in such deliveries. As of the closing date for the present report, the Islamic Republic of Iran has not formally replied to the letters of 17 June 2016 and 22 July 2016.
V. Procurement channel approval, notifications and exemptions
18. In the reporting period, the procurement channel processed five proposals to participate in or permit activities set forth in paragraph 2 of annex B to resolution 2231 (2015) that were submitted by two Member States to the Security Council for approval. In accordance with paragraph 8 (b) of the note by the President of the Security Council (S/2016/44), the proposals were immediately forwarded to the Joint Commission for its review.
19. Two proposals for the supply of items, material, equipment, goods and technology set out in INFCIRC/254/Rev.9/Part 2 were submitted to the Council on 6 October 2016. The Joint Commission provided recommendations of approval. The two proposals were subsequently approved by the Security Council on 17 November 2016. One proposal for the supply of items, material, equipment, goods and technology set out in INFCIRC/254/Rev.12.Part 1 was submitted to the Council on 15 November 2016. The Joint Commission provided a recommendation of approval. The proposal was approved by the Security Council on 28 December 2016. Two proposals for the supply of items, material, equipment, goods and technology set out in INFCIRC/254/Rev.9.Part 2 were submitted to the Council on 6 December 2016. These proposals are currently under review by the Joint Commission.
20. On 23 December 2016, the Coordinator of the Procurement Working Group transmitted to the Facilitator of resolution 2231 (2015) the second six-month report of the Joint Commission (S/2016/1113, as per para. 6.10 of the JCPOA Annex IV) reflecting the activities performed during the said six-month reporting period..
21. In addition, one notification was submitted to the Council on 17 November 2016 in relation to the transfer to the Islamic Republic of Iran of technology covered by B.1 of INFCIRC/254/Rev.12/Part1 intended for light water reactors. A second and third notifications were submitted to the Council on 23 and 28 December, respectively, in relation to the transfer to the Islamic Republic of Iran of low-enriched uranium covered by A.1.2 of INFCIRC/254/REV.12/Part 1 incorporated in assembled nuclear fuel elements intended for light water reactors, as well as of equipment covered by B.1 of INFCIRC/254/Rev.12/Part.1 intended for light water reactors. According to paragraph 2 of the annex B to resolution 2231 (2015), certain nuclear-related activities do not require approval but do require a notification to the Security Council or both to the Security Council and the Joint Commission
VI. Other approval and exemption requests
22. On 23 November 2016, one proposal to participate in and permit the activities set forth in paragraph 5 of annex B to resolution 2231 (2015) was submitted by a Member State to the Security Council. The Security Council has not yet replied to this proposal.
23. Exemptions to the assets freeze provisions are contained in paragraphs 6 (d) of annex B to resolution 2231 (2015). Exemptions to the travel ban provisions are contained in paragraph 6 (e) of annex B to resolution 2231 (2015). During the reporting period, no exemptions requests were received or granted by the Security Council in relation to the 23 individuals and 61 entities presently on the list maintained pursuant to resolution 2231 (2015).
VII. Transparency, guidance and outreach
24. During this period, transparency, practical guidance and outreach remained a priority, in view of the importance of a proper understanding of resolution 2231 (2015) for its implementation.
25. The website on resolution 2231 (2015), managed and regularly updated by the Secretariat, has been a key instrument to provide relevant information about the implementation of the resolution. From 18 July to 20 December 2016, the number of page views was more than 72,000, for a total amount of more than 140,000 since the creation of the website.
26. On 25 July 2016, the Council responded to a request for guidance submitted by a Member State on 24 June regarding access to foreign ports by Iranian-flagged vessels in order to load and unload goods. The Council recalled that all the provisions of previous resolutions on the Iranian nuclear issue were terminated on 16 January 2016, in line with paragraph 7 (a) of resolution 2231 (2015), including the ban on provision of bunkering services to Iranian-owned or – contracted vessels, including chartered vessels, believed to carry prohibited items. The Council further recalled that none of the provisions of annex B to resolution 2231 (2015) prevent Iranian-flagged vessels, as well as Iranian-owned or –contracted vessels, including chartered vessels, from entering foreign ports in order to load and unload goods. The Council also recalled the provisions in paragraphs 6-7 of annex B to resolution 2231 (2015) related to items on States’ territories – including seaports and airports – the supply, sale, transfer, or export of which is not in compliance with the JCPOA or resolution 2231 (2015).
27. On 19 September 2016, in response to a request submitted by a Member State through the Facilitator, the Joint Commission provided guidance on temporary nuclear-related transfers to the Islamic Republic of Iran pursuant to paragraph 2 of annex B to resolution 2231 (2015). The Joint Commission indicated that in cases where the goods in question are intended to remain in the Islamic Republic of Iran only for a certain period of time and subsequently leave the Islamic Republic of Iran would follow the established procedure within the procurement channel, including an end-use certification signed by the designated Iranian national authority. The Joint Commission also indicated that it would endeavour to expedite its review of temporary exports for demonstration or display in exhibitions. The guidance was reflected in amended versions of the documents offering practical information on the procurement channel, which are available on the Security Council website dedicated to the implementation of resolution 2231 (2015) and were brought to the attention of all Member States through a Note Verbale issued by the Facilitator on 18 October 2016 (SCA/4/16 (10)).
28. On 27 December 2016, the Facilitator received a report on the steps taken by one Member State to bring its national legal framework in compliance with resolution 2231 (2015).
29. During the reporting period, the Facilitator held several bilateral consultations with UN Member States’ representatives, including the Islamic Republic of Iran, to discuss issues relevant to the implementation of resolution 2231 (2015).
[1] The list maintained pursuant to resolution 2231 (2015) includes the individuals and entities specified on the list established under resolution 1737 (2006) and maintained by the Security Council Committee established pursuant to resolution 1737 (2006), as at the date of adoption of resolution 2231 (2015), with the exception of 36 individuals and entities specified in the attachment to annex B to resolution 2231 (2015), who were delisted on Implementation Day. The Council can delist individuals or entities, and list additional individuals and entities found to meet certain designation criteria defined by resolution 2231 (2015). On 17 January 2016, the Council decided to delist one entity, Bank Sepah and Bank Sepah International (see Security Council, press release of 17 January 2016, entitled “Security Council removes Bank Sepah and Bank Sepah International from 2231 list”).”
