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Security Council

Resolution 2231 (2015) endorsed the establishment by the JCPOA of a dedicated “procurement channel” for the transfer of items, materials, equipment, goods and technology required for Iran’s nuclear activities under the JCPOA. Through this procurement channel, the Security Council will review and decide on recommendations from the Joint Commission regarding proposals by States to participate in or permit nuclear-related activities set forth in paragraph 2 of Annex B of resolution 2231 (2015). It does not apply to the transfers and activities set forth in paragraphs 4 (ballistic missile-related transfers and activities), 5 and 6 (b) (arms-related transfers) of Annex B of resolution 2231 (2015).

Which nuclear-related activities require approval by the Security Council?

As stipulated by paragraph 2 of Annex B of resolution 2231 (2015), 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:

  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.13/Part 1 and INFCIRC/254/Rev.10/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;

  2. 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
  3. 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.13/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.

States are to ensure that:

  1. the requirements, as appropriate, of the Guidelines as set out in the referenced INFCIRC have been met;
  2. 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;
  3. they notify the Security Council within ten days of the supply, sale or transfer; and
  4. 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.

Which nuclear-related activities do not require an approval by the Security Council?

Per paragraph 2 of Annex B of resolution 2231 (2015), an approval in advance by the Security Council shall not be required for the supply, sale, or transfer to Iran of:

  • equipment covered by Section B.1 of INFCIRC/254/Rev.13/Part 1  when such equipment is for light water reactors;
  • low-enriched uranium covered by A.1.2 of INFCIRC/254/Rev.13/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.10/Part 2 only when for exclusive use in light water reactors.

States are nevertheless required to ensure that:

  1. the requirements, as appropriate, of the Guidelines as set out in the referenced INFCIRC have been met;
  2. 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;
  3. they notify the Security Council within ten days of the supply, sale or transfer; and
  4. 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.

Furthermore, an 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.

States are nevertheless required to ensure that:

  1. all such activities are undertaken strictly in accordance with the JCPOA;
  2. they notify the Security Council and Joint Commission ten days in advance of such activities;
  3. the requirements, as appropriate, of the Guidelines as set out in the referenced INFCIRC have been met;
  4. 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
  5. 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 transfer.

How does the procurement channel work?

The Security Council shall review and take action on proposals by States through the following steps:

  1. States submit proposals directly to the Security Council;
  2. The Security Council forward immediately such proposals to the Joint Commission Coordinator for the Joint Commission’s review;
  3. The Joint Commission, following the procedures specified in Annex IV of the JCPOA, provides recommendations to the Security Council on these proposals through the Coordinator of the Joint Commission within 20 working days (or if extended, within 30 working days – up to 45 working days if disagreement arises);
  4. After five working days following receipt by the Security Council of such a recommendation, that recommendation shall be deemed to be approved by the Council unless the Council has adopted a resolution to reject it.
  5. The Security Council notify the proposing State of its decision.

How to submit a proposal to the Security Council?

States shall submit proposals to participate in or permit the activities set forth in paragraph 2 of Annex B of the resolution directly to the Security Council. States are encouraged to address these proposals to the Security Council Facilitator, Her Excellency Mrs. Vanessa Frazier (Malta), through their Permanent Missions to the United Nations at the Email address: SC-Resolution2231@un.org.

Information on the Procurement Channel by the Joint Commission

The Procurement Working Group of the Joint Commission has provided the following documents to give practical information to States on the Procurement Channel. States may wish to use this optional application form to provide all relevant information and will need end-use certification by the appropriate Iranian authority (see optional end-use certification for a template):

How long will the restrictions on nuclear-related activities apply?

The restrictions on nuclear-related transfers and activities shall apply until the date ten years after JCPOA Adoption Day (18 October 2015), except if the IAEA submits a report confirming the Broader Conclusion before that date. In that case, the requirement to obtain approval in advance by the Security Council shall be suspended and replaced immediately by the requirement to 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.

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