Resolution 1803 (2008) Adopted by the Security Council at its 5848th meeting, on 3 March 2008
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Resolution 1803 (2008) Adopted by the Security Council at its 5848th meeting, on 3 March 2008
The Security Council,
Recalling the Statement of its President, S/PRST/2006/15, of 29 March
2006, and its resolution 1696 (2006) of 31 July 2006, its resolution
1737 (2006) of 23 December 2006 and its resolution 1747 (2007) of 24
March 2007, and reaffirming their provisions,
Reaffirming its
commitment to the Treaty on the Non-Proliferation of Nuclear Weapons,
the need for all States Party to that Treaty to comply fully with all
their obligations, and recalling the right of States Party, in
conformity with Articles I and II of that Treaty, to develop research,
production and use of nuclear energy for peaceful purposes without
discrimination,
Recalling the resolution of the IAEA Board of
Governors (GOV/2006/14), which states that a solution to the Iranian
nuclear issue would contribute to global non-proliferation efforts and
to realizing the objective of a Middle East free of weapons of mass
destruction, including their means of delivery,
Noting with serious
concern that, as confirmed by the reports of 23 May 2007 (GOV/2007/22),
30 August 2007 (GOV/2007/48), 15 November 2007 (GOV/2007/58) and 22
February 2008 (GOV/2008/4) of the Director General of the International
Atomic Energy Agency (IAEA), Iran has not established full and sustained
suspension of all enrichment related and reprocessing activities and
heavy water-related projects as set out in resolution 1696 (2006), 1737
(2006), and 1747 (2007), nor resumed its cooperation with the IAEA under
the Additional Protocol, nor taken the other steps required by the IAEA
Board of Governors, nor complied with the provisions of Security
Council resolution 1696 (2006), 1737 (2006) and 1747 (2007) and which
are essential to build confidence, and deploring Iran's refusal to take
these steps,
Noting with concern that Iran has taken issue with the
IAEA's right to verify design information which had been provided by
Iran pursuant to the modified Code 3.1, emphasizing that in accordance
with Article 39 of Iran's Safeguards Agreement Code 3.1 cannot be
modified nor suspended unilaterally and that the Agency's right to
verify design information provided to it is a continuing right, which is
not dependent on the stage of construction of, or the presence of
nuclear material at, a facility,
Reiterating its determination to
reinforce the authority of the IAEA, strongly supporting the role of the
IAEA Board of Governors, commending the IAEA for its efforts to resolve
outstanding issues relating to Iran's nuclear programme in the work
plan between the Secretariat of the IAEA and Iran (GOV/2007/48,
Attachment), welcoming the progress in implementation of this work plan
as reflected in the IAEA Director General's reports of 15 November 2007
(GOV/2007/58) and 22 February 2008 (GOV/2008/4), underlining the
importance of Iran producing tangible results rapidly and effectively by
completing implementation of this work plan including by providing
answers to all the questions the IAEA asks so that the Agency, through
the implementation of the required transparency measures, can assess the
completeness and correctness of Iran's declaration,
Expressing the
conviction that the suspension set out in paragraph 2 of resolution 1737
(2006) as well as full, verified Iranian compliance with the
requirements set out by the IAEA Board of Governors would contribute to a
diplomatic, negotiated solution, that guarantees Iran's nuclear
programme is for exclusively peaceful purposes,
Stressing that
China, France, Germany, the Russian Federation, the United Kingdom and
the United States are willing to take further concrete measures on
exploring an overall strategy of resolving the Iranian nuclear issue
through negotiation on the basis of their June 2006 proposals
(S/2006/521), and noting the confirmation by these countries that once
the confidence of the international community in the exclusively
peaceful nature of Iran's nuclear programme is restored, it will be
treated in the same manner as that of any Non-Nuclear Weapon State party
to the Treaty on the Non-Proliferation of Nuclear Weapons,
Having regard to States' rights and obligations relating to international trade,
We l c o m i n g the guidance issued by the Financial Actions Task
Force (FATF) to assist States in implementing their financial
obligations under resolution 1737 (2006),
Determined to give effect
to its decisions by adopting appropriate measures to persuade Iran to
comply with resolution 1696 (2006), resolution 1737 (2006), resolution
1747 (2007) and with the requirements of the IAEA, and also to constrain
Iran's development of sensitive technologies in support of its nuclear
and missile programmes, until such time as the Security Council
determines that the objectives of these resolutions have been met,
Concerned by the proliferation risks presented by the Iranian nuclear
programme and, in this context, by Iran's continuing failure to meet the
requirements of the IAEA Board of Governors and to comply with the
provisions of Security Council resolutions 1696 (2006), 1737 (2006) and
1747 (2007), mindful of its primary responsibility under the Charter of
the United Nations for the maintenance of international peace and
security,
Acting under Article 41 of Chapter VII of the Charter of the United Nations,
1. Reaffirms that Iran shall without further delay take the steps
required by the IAEA Board of Governors in its resolution GOV/2006/14,
which are essential to build confidence in the exclusively peaceful
purpose of its nuclear programme and to resolve outstanding questions,
and, in this context, affirms its decision that Iran shall without delay
take the steps required in paragraph 2 of resolution 1737 (2006), and
underlines that the IAEA has sought confirmation that Iran will apply
Code 3.1 modified;
2. We l c o m e s the agreement between Iran and
the IAEA to resolve all outstanding issues concerning Iran's nuclear
programme and progress made in this regard as set out in the Director
General's report of 22 February 2008 (GOV/2008/4), encourages the IAEA
to continue its work to clarify all outstanding issues, stresses that
this would help to re-establish international confidence in the
exclusively peaceful nature of Iran's nuclear programme, and supports
the IAEA in strengthening its safeguards on Iran's nuclear activities in
accordance with the Safeguards Agreement between Iran and the IAEA;
3. Calls upon all States to exercise vigilance and restraint regarding
the entry into or transit through their territories of individuals who
are engaged in, directly associated with or providing support for Iran's
proliferation sensitive nuclear activities or for the development of
nuclear weapon delivery systems, and decides in this regard that all
States shall notify the Committee established pursuant to paragraph 18
of resolution 1737 (2006) (herein "the Committee") of the entry into or
transit through their territories of the persons designated in the Annex
to resolution 1737 (2006), Annex I to resolution 1747 (2007) or Annex I
to this resolution, as well as of additional persons designated by the
Security Council or the Committee as being engaged in, directly
associated with or providing support for Iran's proliferation sensitive
nuclear activities or for the development of nuclear weapon delivery
systems, including through the involvement in procurement of the
prohibited items, goods, equipment, materials and technology specified
by and under the measures in paragraphs 3 and 4 of resolution 1737
(2006), except where such entry or transit is for activities directly
related to the items in subparagraphs 3 (b) (i) and (ii) of resolution
1737 (2006);
4. Underlines that nothing in paragraph 3 above
requires a State to refuse its own nationals entry into its territory,
and that all States shall, in the implementation of the above paragraph,
take into account humanitarian considerations, including religious
obligations, as well as the necessity to meet the objectives of this
resolution, resolution 1737 (2006) and resolution 1747 (2007), including
where Article XV of the IAEA Statute is engaged;
5. Decides that
all States shall take the necessary measures to prevent the entry into
or transit through their territories of individuals designated in Annex
II to this resolution as well as of additional persons designated by the
Security Council or the Committee as being engaged in, directly
associated with or providing support for Iran's proliferation sensitive
nuclear activities or for the development of nuclear weapon delivery
systems, including through the involvement in procurement of the
prohibited items, goods, equipment, materials and technology specified
by and under the measures in paragraphs 3 and 4 of resolution 1737
(2006), except where such entry or transit is for activities directly
related to the items in subparagraphs 3 (b) (i) and (ii) of resolution
1737 (2006) and provided that nothing in this paragraph shall oblige a
State to refuse its own nationals entry into its territory;
6.
Decides that the measures imposed by paragraph 5 above shall not apply
where the Committee determines on a case-by-case basis that such travel
is justified
on the grounds of humanitarian need, including
religious obligations, or where the Committee concludes that an
exemption would otherwise further the objectives of the present
resolution;
7. Decides that the measures specified in paragraphs 12,
13, 14 and 15 of resolution 1737 (2006) shall apply also to the persons
and entities listed in Annexes I and III to this resolution, and any
persons or entities acting on their behalf or at their direction, and to
entities owned or controlled by them and to persons and entities
determined by the Council or the Committee to have assisted designated
persons or entities in evading sanctions of, or in violating the
provisions of, this resolution, resolution 1737 (2006) or resolution
1747 (2007);
8. Decides that all States shall take the necessary
measures to prevent 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 use in or benefit of, Iran, and whether or not
originating in their territories, of:
(a) all items, materials,
equipment, goods and technology set out in INFCIRC/254/Rev.7/Part 2 of
document S/2006/814, except the supply, sale or transfer, in accordance
with the requirements of paragraph 5 of resolution 1737 (2006), of
items, materials, equipment, goods and technology set out in sections 1
and 2 of the Annex to that document, and sections 3 to 6 as notified in
advance to the Committee, only when for exclusive use in light water
reactors, and where such supply, sale or transfer is necessary for
technical cooperation provided to Iran by the IAEA or under its auspices
as provided for in paragraph 16 of resolution 1737 (2006);
(b) all items, materials, equipment, goods and technology set out in 19.A.3 of Category II of document S/2006/815;
9. Calls upon all States to exercise vigilance in entering into new
commitments for public provided financial support for trade with Iran,
including the granting of export credits, guarantees or insurance, to
their nationals or entities involved in such trade, in order to avoid
such financial support contributing to the proliferation sensitive
nuclear activities, or to the development of nuclear weapon delivery
systems, as referred to in resolution 1737 (2006);
10. Calls upon
all States to exercise vigilance over the activities of financial
institutions in their territories with all banks domiciled in Iran, in
particular with Bank Melli and Bank Saderat, and their branches and
subsidiaries abroad, in order to avoid such activities contributing to
the proliferation sensitive nuclear activities, or to the development of
nuclear weapon delivery systems, as referred to in resolution 1737
(2006);
11. Calls upon all States, in accordance with their national
legal authorities and legislation and consistent with international
law, in particular the law of the sea and relevant international civil
aviation agreements, to inspect the cargoes to and from Iran, of
aircraft and vessels, at their airports and seaports, owned or operated
by Iran Air Cargo and Islamic Republic of Iran Shipping Line, provided
there are reasonable grounds to believe that the aircraft or vessel is
transporting goods prohibited under this resolution or resolution 1737
(2006) or resolution 1747 (2007);
12. Requires all States, in cases
when inspection mentioned in the paragraph above is undertaken, to
submit to the Security Council within five working days a written report
on the inspection containing, in particular, explanation of the grounds
for the inspection, as well as information on its time, place,
circumstances, results and other relevant details;
13. Calls upon
all States to report to the Committee within 60 days of the adoption of
this resolution on the steps they have taken with a view to implementing
effectively paragraphs 3, 5, 7, 8, 9, 10 and 11 above;
14. Decides
that the mandate of the Committee as set out in paragraph 18 of
resolution 1737 (2006) shall also apply to the measures imposed in
resolution 1747 (2007) and this resolution;
15. Stresses the
willingness of China, France, Germany, the Russian Federation, the
United Kingdom and the United States to further enhance diplomatic
efforts to promote resumption of dialogue, and consultations on the
basis of their offer to Iran, with a view to seeking a comprehensive,
long-term and proper solution of this issue which would allow for the
development of all-round relations and wider cooperation with Iran based
on mutual respect and the establishment of international confidence in
the exclusively peaceful nature of Iran's nuclear programme, and inter
alia, starting direct talks and negotiation with Iran as long as Iran
suspends all enrichment-related and reprocessing activities, including
research and development, as verified by the IAEA;
16. Encourages
the European Union High Representative for the Common Foreign and
Security Policy to continue communication with Iran in support of
political and diplomatic efforts to find a negotiated solution including
relevant proposals by China, France, Germany, the Russian Federation,
the United Kingdom and the United States with a view to create necessary
conditions for resuming talks;
17. Emphasizes the importance of all
States, including Iran, taking the necessary measures to ensure that no
claim shall lie at the instance of the Government of Iran, or of any
person or entity in Iran, or of persons or entities designated pursuant
to resolution 1737 (2006) and related resolutions, or any person
claiming through or for the benefit of any such person or entity, in
connection with any contract or other transaction where its performance
was prevented by reason of the measures imposed by the present
resolution, resolution 1737 (2006) or resolution 1747 (2007);
18.
Requests within 90 days a further report from the Director General of
the IAEA on whether Iran has established full and sustained suspension
of all activities mentioned in resolution 1737 (2006), as well as on the
process of Iranian compliance with all the steps required by the IAEA
Board and with the other provisions of resolution 1737 (2006),
resolution 1747 (2007) and of this resolution, to the IAEA Board of
Governors and in parallel to the Security Council for its consideration;
19. Reaffirms that it shall review Iran's actions in light of the report referred to in the paragraph above, and:
(a) that it shall suspend the implementation of measures if and for so
long as Iran suspends all enrichment-related and reprocessing
activities, including research and development, as verified by the IAEA,
to allow for negotiations in good faith in order to reach an early and
mutually acceptable outcome;
(b) that it shall terminate the
measures specified in paragraphs 3, 4, 5, 6, 7 and 12 of resolution 1737
(2006), as well as in paragraphs 2, 4, 5, 6 and 7 of resolution 1747
(2007), and in paragraphs 3, 5, 7, 8, 9, 10 and 11 above, as soon as it
determines, following receipt of the report referred to in the paragraph
above, that Iran has fully complied with its obligations under the
relevant resolutions of the Security Council and met the requirements of
the IAEA Board of Governors, as confirmed by the IAEA Board;
(c)
that it shall, in the event that the report shows that Iran has not
complied with resolution 1696 (2006), resolution 1737 (2006), resolution
1747 (2007) and this resolution, adopt further appropriate measures
under Article 41 of Chapter VII of the Charter of the United Nations to
persuade Iran to comply with these resolutions and the requirements of
the IAEA, and underlines that further decisions will be required should
such additional measures be necessary;
20. Decides to remain seized of the matter.
Annex I
1. Amir Moayyed Alai (involved in managing the assembly and engineering of centrifuges)
2. Mohammad Fedai Ashiani (involved in the production of ammonium
uranyl carbonate and management of the Natanz enrichment complex)
3. Abbas Rezaee Ashtiani (a senior official at the AEOI Office of Exploration and Mining Affairs)
4. Haleh Bakhtiar (involved in the production of magnesium at a concentration of 99.9%)
5. Morteza Behzad (involved in making centrifuge components)
6. Dr. Mohammad Eslami (Head of Defence Industries Training and Research Institute)
7. Seyyed Hussein Hosseini (AEOI official involved in the heavy water research reactor project at Arak)
8. M. Javad Karimi Sabet (Head of Novin Energy Company, which is designated under resolution 1747 (2007))
9. Hamid-Reza Mohajerani (involved in production management at the Uranium Conversion Facility (UCF) at Esfahan)
10. Brigadier-General Mohammad Reza Naqdi (former Deputy Chief of Armed
Forces General Staff for Logistics and Industrial Research/Head of
State Anti-Smuggling Headquarters, engaged in efforts to get round the
sanctions imposed by resolutions 1737 (2006) and 1747 (2007))
11. Houshang Nobari (involved in the management of the Natanz enrichment complex)
12. Abbas Rashidi (involved in enrichment work at Natanz)
13. Ghasem Soleymani (Director of Uranium Mining Operations at the Saghand Uranium Mine)
Annex II
A. Individuals listed in resolution 1737 (2006)
1. Mohammad Qannadi, AEOI Vice President for Research & Development
2. Dawood Agha-Jani, Head of the PFEP (Natanz)
3. Behman Asgarpour, Operational Manager (Arak)
B. Individuals listed in resolution 1747 (2007)
1. Seyed Jaber Safdari (Manager of the Natanz Enrichment Facilities)
2. Amir Rahimi (Head of Esfahan Nuclear Fuel Research and Production
Center, which is part of the AEOI's Nuclear Fuel Production and
Procurement Company, which is involved in enrichment-related activities)
Annex III
1. Abzar Boresh Kaveh Co. (BK Co.) (involved in the production of centrifuge components)
2. Barzagani Tejarat Tavanmad Saccal companies (subsidiary of Saccal
System companies) (this company tried to purchase sensitive goods for an
entity listed in resolution 1737 (2006))
3. Electro Sanam Company (E. S. Co./E. X. Co.) (AIO front-company, involved in the ballistic missile programme)
4. Ettehad Technical Group (AIO front-company, involved in the ballistic missile programme)
5. Industrial Factories of Precision (IFP) Machinery (aka
Instrumentation Factories Plant) (used by AIO for some acquisition
attempts)
6. Jabber Ibn Hayan (AEOI laboratory involved in fuel-cycle activities)
7. Joza Industrial Co. (AIO front-company, involved in the ballistic missile programme)
8. Khorasan Metallurgy Industries (subsidiary of the Ammunition
Industries Group (AMIG) which depends on DIO. Involved in the production
of centrifuges components)
9. Niru Battery Manufacturing Company
(subsidiary of the DIO. Its role is to manufacture power units for the
Iranian military including missile systems)
10. Pishgam (Pioneer) Energy Industries (has participated in construction of the Uranium Conversion Facility at Esfahan)
11. Safety Equipment Procurement (SEP) (AIO front-company, involved in the ballistic missile programme)
12. TAMAS Company (involved in enrichment-related activities. TAMAS is
the overarching body, under which four subsidiaries have been
established, including one for uranium extraction to concentration and
another in charge of uranium processing, enrichment and waste)