CHAPTER 7GENERAL AND FINAL PROVISIONS
F1Article 26c
1.
The direct or indirect supply, sale or transfer to, or for use in, or the benefit of, Iran, by nationals of Member States or through the territories of Member States, or using vessels or aircraft under their jurisdiction, of the following items, materials, equipment, goods and technology, whether or not originating in their territories, shall be subject to approval on a case-by-case basis by the Security Council:
(a)
all items, materials, equipment, goods and technology contained in the Nuclear Suppliers Group list;
(b)
any further item if the Member State determines that it could contribute to reprocessing- or enrichment-related or heavy water-related activities inconsistent with the JCPOA.
2.
The requirement set out in paragraph 1 of this Article shall not apply to the supply, sale or transfer to Iran of equipment referred to in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015) for light water reactors.
3.
Member States engaging in the activities referred to in paragraphs 1 and 2 shall ensure that:
(a)
the requirements, as appropriate, of the Guidelines as set out in the Nuclear Suppliers Group list have been met;
(b)
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;
(c)
they notify, as appropriate, the Security Council within ten days of the supply, sale or transfer; and
(d)
in the case of supplied items, materials, equipment, goods and technology included in the Nuclear Suppliers Group list, they also notify the IAEA within ten days of the supply, sale or transfer.
4.
The requirement in paragraph 1 shall not apply to 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:
(a)
the necessary modification of two cascades at the Fordow facility for stable isotope production;
(b)
the export of Iran's enriched uranium in excess of 300 kilograms in return for natural uranium; or
(c)
the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, on the agreed final design of such reactor,
provided that Member States ensure that:
(d)
all such activities are undertaken strictly in accordance with the JCPOA;
(e)
they notify the Security Council and the Joint Commission ten days in advance of such activities;
(f)
the requirements, as appropriate, of the Guidelines as set out in the Nuclear Suppliers Group list have been met;
(g)
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
(h)
in the case of supplied items, materials, equipment, goods and technology included in the Nuclear Suppliers Group list, they also notify the IAEA within ten days of the supply, sale or transfer.
5.
The provision of technical assistance or training, financing or financial assistance, investment, brokering or other services related to the supply, sale, transfer, manufacture or use of the items, materials, equipment, goods and technology referred to in paragraph 1 to any person, entity or body in, or for use in, Iran shall be subject to approval on a case-by-case basis by the Security Council.
6.
Investment in the territories under the jurisdiction of Member States by Iran, its nationals, or entities incorporated in Iran or subject to its jurisdiction, or by persons or entities acting on their behalf or at their direction, or by entities owned or controlled by them in any commercial activity involving uranium mining, or production or use of nuclear materials as listed in Part 1 of the Nuclear Suppliers Group list shall be subject to approval on a case-by-case basis by the Security Council.
F27.
The procurement by nationals of Member States, or using their flagged vessels or aircraft, of the items, materials, equipment, goods and technology referred to in paragraph 1 from Iran shall be subject to notification to the Joint Commission, whether or not originating in the territory of Iran.
8.
The relevant Member State shall inform the other Member States of any approval granted in accordance with, or of activities undertaken pursuant to this Article.