Security Council Resolution 2231 (2015) [on Joint Comprehensive Plan of Action (Jcpoa) on the Islamic Republic of Iran's Nuclear Programme]

¹The provisions of this Resolution do not constitute provisions of this JCPOA.

²‘Government officials’ for the U.S. means senior officials of the U.S. Administration.

³Iran 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.

⁴For 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.

⁷For 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.

⁸Unless 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.

¹⁰The 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 (i) 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: (i) 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).

¹¹All 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 (CISADA) and Sections 201-207 and 311 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (TRA); CISADA, as amended by Sections 214-216, 222, 224, 311-312, 402-403 and 605 of TRA 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.

¹²Removal of NIOC from the SDN List, as provided for in Section 4.8.1, will include resolution of related designations and determinations.

¹³See footnote 3 for the meaning of “associated services”.

¹⁴This 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 SDN List.

¹⁵To give effect to the measures described in this Section 5.1, the United States will license activities that do not involve any person on the SDN 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.

¹⁶Licenses issued in furtherance of Section 5.1.1 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 SDN 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 SDN List, the United States would view this as grounds to cease performing its commitments under Section 5.1.1 in whole or in part.

¹⁷For 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.

¹⁸Unless specifically provided otherwise, the sanctions lifting described in this Section does not apply to transactions that involve persons on the SDN 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.

¹⁹For the purposes of the cessation of application of the provisions set out in Sections 4.1.1-4.1.7, the effects described for non-U.S. financial institutions extend to the activities outside of U.S. jurisdiction of international financial institutions.

²⁰Non-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.

²¹The 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.

²²Denotes 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.