Iran Ballistic Missile Testing and Nuclear Deal

Iran has been testing ballistic missiles over the past few days . Many have referenced UN Resolution 2231(2015) but few have actually quoted it so that readers could read for themselves what was was written and judge whether breeches occurred .

Additionally  few have quoted sections of the Deal itself of last year July 14, 2015 called Joint Comprehensive Plan of Action. In an attempt to remedy this for readers of this blog I provide below a UN Security Council Backgrounder taken directly from the Security Council website and the sections of the Joint Comprehensive Plan of Action that seem applicable. Of course,  in the case of this backgrounder where an application is necessary ,  Iran did not apply.

UN Backgrounder

Resolution 2231 (2015)

Ballistic missile-related transfers and activities

What are the restrictions on Iranian ballistic missile activities?

Paragraph 3 of Annex B of resolution 2231 (2015) calls upon Iran not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology.

What are the restrictions on ballistic missile-related transfers to or activities with Iran?

Pursuant to paragraph 4 of Annex B of resolution 2231 (2015), if approved in advance on a case-by-case basis by the Security Council, all States may participate in and permit:

  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 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;
    • of any items, materials, equipment, goods and technology that the State determines could contribute to the development of nuclear weapon delivery systems; and
  2. 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) above or related to the activities described in paragraph 3 of Annex B.

In the event of an approval by the Security Council:

  1. the contract for delivery of such items or assistance should include appropriate end-user guarantees; and
  2. Iran should commit not to use such items for development of nuclear weapon delivery systems.

How to submit a request for approval?

The requests for approval in connection with ballistic missile-related transfers to or activities with Iran should be addressed to the Security Council Facilitator, with copies to the Security Council Affairs Division, at the Email address: SC-Resolution2231@un.org.

How long will the restrictions on ballistic missile-related transfers and activities apply?

All these restrictions shall apply until the date eight years after the JCPOA Adoption Day (18 October 2015) or until the date on which the IAEA submits a report confirming the Broader Conclusion, whichever is earlier.

Sections of JCPOA

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+
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.
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.
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.

​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.
​​

Sent from my iPad

 

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