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12 February, 2016

Information on the Procurement Channel by the Joint Commission

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Information on the Procurement Channel by the Joint Commission under Resolution 2231 (2015)

The Joint Commission has issued new information on the operational aspects of the Procurement Channel established under the JCPOA and Resolution 2231 (S/RES/2231), summarised below:

 

Procurement Channel Steps

1.      States submit proposals directly to the Security Council;

2.      The Security Council forward these to the Joint Commission Coordinator for review;

3.      The Joint Commission provides recommendations to the Security Council on these proposals (generally within 20 working days, extendable to 30 working days or up to 45 working days if disagreement arises). Approvals will be based on consensus. At least two members of the Procurement Working Group may refer recommendations to disapprove to the Joint Commission for review within five working days. The Joint Commission would make a decision whether to approve of the proposal by consensus within 10 working days;

4.      The Security Council approve or reject said recommendations (within 5 working days);

5.      The Security Council notify the proposing State of its decision.

Any proposals need to be accompanied by the following supporting information in any of the six official languages of the United Nations:

 (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 Ministry of Foreign Affairs of Iran (until further notice) attesting to the stated end-use;

(e) export license number, if available;

(f) contract date, if available; and

(g) details on transportation, if available.

States are also encouraged to submit proposals in a machine readable format to speed up the review process. Incomplete proposals will likely be rejected, although resubmissions are accepted as long as they include the original UN reference number. If approval is granted, the UNSC will provide a certification which be presented to national authorities as an accompanying document for the shipment of the items in question.

Proposals can cover multiple activities or items – detailed information about the items in question can be found here and here. They must include the exporting entity, the importing entity and the end-user (if different from the importing entity).

Any proposals are to be sent directly to the Security Council Facilitator, with copies to the Security Council Affairs Division, at the email address: This email address is being protected from spambots. You need JavaScript enabled to view it.. A model application form includes all necessary supporting information. Any additional information on how to fill out this form is available here.

An optional application form provides all relevant information and will need end-use certification by the appropriate Iranian authority as required by paragraph 2 of Annex B of UNSC Resolution 2231. A template for this is available for download on the UNSC website. This should also be accompanied by a statement clarifying whether the proposed end-use be for Iran’s nuclear programme authorised by the JCPOA or a civilian non-nuclear end-use.

As a reminder, the Procurement Channel was established by the JCPOA in July 2015 as part of a long-term plan agreed between Iran and China, France, Germany, Russia, the United States, United Kingdom and European Union (P5+1 or E3+3) which seeks to limit Iran’s nuclear programme in exchange for relief from sanctions and covers the transfer of items, materials, equipment, goods and technology to Iran in order to manage oversee its nuclear activities.

Under the Procurement Channel, States will be able to engage in the following nuclear-related activities (set forth in paragraph 2 of Annex B of the Resolution), provided that approval is granted in advance, on a case-by-case basis, by the Security Council:

  1. the supply, sale or transfer to Iran of all items, materials, equipment, goods and technology set out in INFCIRC/254/Rev.12/Part 1 and INFCIRC/254/Rev.9/Part 2 (these lists are not exhaustive);
  2. the provision to Iran of any technical or financial assistance or training related to items described in subparagraph (a) above;
  3. the 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.

The following activities do not require States to obtain prior approval by the Security Council – although certain conditions apply and States are required to notify the Security Council and the Joint Commission of any such activities:

a.    the supply, sale, or transfer to Iran of equipment covered by Section B.1 of INFCIRC/254/Rev.12/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; and  items, materials, equipment, goods and technology set out in INFCIRC/254/Rev. 9/Part 2 only when for exclusive use in light water reactors;

b.    the provision to Iran of any related assistance, training or resources 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 modernisation of the Arak reactor.

 

For more detailed information about the procurement channel visit the dedicated UNSC website or click here.