U.N. Ban on Iran Arms Transfers and Sanctions Snapback V. 1

1 1 (October 16, 2020)

$handle is hein.crs/govdcbx0001 and id is 1 raw text is: FF.ri E.$~ & Updated October 16, 2020 U.N. Ban on Iran Arms Transfers and Sanctions Snapback A 2015 multilateral Iran nuclear agreement (Joint Comprehensive Plan of Action, JCPOA), provides for limits on Iran's nuclear program in exchange for sanctions relief. Annex B of U.N. Security Council Resolution 2231 (July 17, 2015), which endorsed the JCPOA, provided for a ban on the transfer of arms to or from Iran until October 18, 2020. The Trump Administration, supported by many in Congress, sought to extend the ban in order to try to prevent Iran from acquiring new conventional weaponry. On August 14, the U.N. Security Council, including two key potential arms suppliers of Iran Russia and China voted down a U.S. draft to extend the arms transfer ban. An overwhelming majority of the Council also has refused to recognize a U.S. assertion that it had standing to implement the provision of Resolution 2231 that enables JCPOA participants to snap back all U.N. sanctions on Iran, including the arms transfer ban. The dispute over the U.S snapback request remains unresolved. Annex B also contains a ban, until October 18, 2023, on supplying equipment with which Iran could develop nuclear-capable ballistic missiles, and calls on Iran not to develop ballistic missiles designed to carry nuclear weapons. See CRS Report RS20871, Iran Sanctions, by Kenneth Katzman. Prod on \f tkhe Arms I rafrBa Annex B restated and superseded the restrictions of: (1) Resolution 1747 (2007), which banned Iran's transfer of arms from its territory and required all U.N. member states to prohibit the transfer of Iranian arms from its territory, and (2) Resolution 1929 (2010), which banned the supply to Iran of any battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register of Arms [ballistic or cruise missiles capable of delivering a warhead or weapon of destruction to a range of at least 16 miles] or related materiel, including spare parts.... The Security Council can waive the restrictions on a case-by-case basis, but has not done so, to date. The ban expires on the earlier of (1) five years after the JCPOA Adoption Day (ie: October 18, 2020), or (2) upon the issuing by the International Atomic Energy Agency (IAEA) of a Broader Conclusion that all nuclear material in Iran remains in peaceful activities. U.S. and other Security Council member officials interpret the restriction as inapplicable to the sale to Iran of purely defensive systems. In 2016, Russia delivered to Iran the S- 300 air defense system, which a State Department spokesperson described as ... not formally a violation [of 2231] because the S-300 is for defensive uses only. Assessing the effectiveness of the arms transfer ban, the congressionally mandated Defense Intelligence Agency (DIA) annual report on the military power of Iran for 2019, released in November 2019, states that Iran wants to purchase new advanced weapon systems from foreign suppliers to modernize its armed forces, including equipment it has largely been unable to acquire for decades. Figure I. Iran's Regional Allies Source: Defense Intelligence Agency. Iran Military Power: 2019. Regarding the ban on Iran's exportation of arms, the DIA report (which represents a consensus U.S. judgment) stated: Since the Islamic Revolution, Iran has transferred a wide range of weapons and military equipment to state and non- state actors, including designated terrorist organizations.... Although some Iranian shipments have been interdicted, Tehran is often able to get high-priority arms transfers to its customers. [See Figure 1.] Over the years, Iranian transfers to state and non-state actors have included communications equipment; small arms such as assault rifles, sniper rifles, machine guns, mortars, and rocket-propelled grenades (RPGs) and ammunition; ... artillery systems, including MRLs (multiple rocket launchers) and battlefield rockets and launchers; armored vehicles; FAC (fast attack craft); equipment for unmanned explosives boats; ... SAMs (surface-to-air missiles); UAVs (unmanned aerial vehicles) ... ground-attack aircraft ... and other weaponry. A June 2020 report by the U.N. Secretary General on implementation of Resolution 2231 assessed that Iran attempted to export weaponry and missile parts to Houthi forces in Yemen, and U.S. and allied forces have intercepted some of those shipments. See CRS Report R44017, Iran's Foreign and Defense Policies, by Kenneth Katzman. ............... ............... ......................... .......................... ............ ... . .. ..... ............................. .............. * ........ ................ 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