UN Iran Watch - Security Council Resolution 1737


Security Council Resolution 1737, December 23, 2006:

Some of the items on the European and America list that
went missing in order to get Security Council approval


Earlier drafts of Iran resolution Iran Resolution as adopted
Broad asset freeze

October 26, 2006

"...funds and assets of these people and entities involved in Iran's nuclear and ballistic missile programme shall be frozen."
Asset freeze qualified

12. Decides that all States shall freeze the funds, other financial assets and economic resources which are on their territories at the date of adoption of this resolution or at any time thereafter, that are owned or controlled by the persons or entities designated in the Annex, as well as those of additional persons or entities designated by the Security Council or by the Committee as being engaged in, directly associated with or providing support for Iran's proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems, or by persons or entities acting on their behalf or at their direction, or by entities owned or controlled by them, including through illicit means, and that the measures in this paragraph shall cease to apply in respect of such persons or entities if, and at such time as, the Security Council or the Committee removes them from the Annex, and decides further that all States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons or entities within their territories, to or for the benefit of these persons and entities;

13. Decides that the measures imposed by paragraph 12 above do not apply to funds, other financial assets or economic resources that have been determined by relevant States:

(a) to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;

(b) to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee;

(c) to be the subject of a judicial, administrative or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement was entered into prior to the date of the present resolution, is not for the benefit of a person or entity designated pursuant to paragraphs 10 and 12 above, and has been notified by the relevant States to the Committee;

(d) to be necessary for activities directly related to the items specified in subparagraphs 3 (b) (i) and (ii) and have been notified by the relevant States to the Committee;

14. Decides that States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 12 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;

15. Decides that the measures in paragraph 12 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that:

(a) the contract is not related to any of the prohibited items, materials, equipment, goods, technologies, assistance, training, financial assistance, investment, brokering or services referred to in paragraphs 3, 4 and 6 above;

(b) the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 12 above;

and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;
Mandatory travel ban.

October 26, 2006

"...[O]lder drafts had mandated that all states "prevent entry" of such people [said to be involved in nuclear activities]...It says also that persons engaged in this programme shall be banned from travel...."
No mandatory travel ban.

The text drops a mandatory travel ban against about a dozen Iranians involved in the country's nuclear and missile programs, which Russia said was an unnecessary punishment of Iran. Instead of the travel ban, the draft resolution now calls on all states "to exercise vigilance" regarding the entry or transit through their territory of those on a U.N. list (which now includes 12 top Iranians).

10. Calls upon all States to exercise vigilance 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 of the entry into or transit through their territories of the persons designated in the Annex to this resolution (herein "the Annex"), 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 and 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 above, except where such travel is for activities directly related to the items in subparagraphs 3 (b) (i) and (ii) above;
Broad scope for banned items and technologies

October 26, 2006

"All states shall prevent the sale and supply to Iran of items and technologies which could contribute to its nuclear and missile programme." - in other words, broad language on companies and individuals prohibited.
Banned items and technologies limited to those specified

To meet demands of Russia and China the resolution was changed to specify a limited range of materials and technology which would be prohibited and to name those individuals and companies that would be affected.

Resolution Annex

    A. Entities involved in the nuclear programme

    1. Atomic Energy Organisation of Iran
    2. Mesbah Energy Company (provider for A40 research reactor - Arak)
    3. Kala-Electric (aka Kalaye Electric) (provider for PFEP - Natanz)
    4. Pars Trash Company (involved in centrifuge programme, identified in IAEA reports)
    5. Farayand Technique (involved in centrifuge programme, identified in IAEA reports)
    6. Defence Industries Organisation (overarching MODAFL-controlled entity, some of whose subordinates have been involved in the centrifuge programme making components, and in the missile programme)
    7. 7th of Tir (subordinate of DIO, widely recognized as being directly involved in the nuclear programme)

    B. Entities involved in the ballistic missile programme

    1. Shahid Hemmat Industrial Group (SHIG) (subordinate entity of AIO)
    2. Shahid Bagheri Industrial Group (SBIG) (subordinate entity of AIO)
    3. Fajr Industrial Group (formerly Instrumentation Factory Plant, subordinate entity of AIO)

    C. Persons involved in the nuclear programme

    1. Mohammad Qannadi, AEOI Vice President for Research & Development
    2. Behman Asgarpour, Operational Manager ( Arak)
    3. Dawood Agha-Jani, Head of the PFEP (Natanz)
    4. Ehsan Monajemi, Construction Project Manager, Natanz
    5. Jafar Mohammadi, Technical Adviser to the AEOI (in charge of managing the production of valves for centrifuges)
    6. Ali Hajinia Leilabadi, Director General of Mesbah Energy Company
    7. Lt Gen Mohammad Mehdi Nejad Nouri, Rector of Malek Ashtar University of Defence Technology (chemistry dept, affiliated to MODALF, has conducted experiments on beryllium)

    D. Persons involved in the ballistic missile programme

    1. Gen Hosein Salimi, Commander of the Air Force, IRGC (Pasdaran)
    2. Ahmad Vahid Dastjerdi, Head of the AIO
    3. Reza-Gholi Esmaeli, Head of Trade & International Affairs Dept, AIO
    4. Bahmanyar Morteza Bahmanyar, Head of Finance & Budget Dept, AIO

    E. Persons involved in both the nuclear and ballistic missile programmes

    1. Maj Gen Yahya Rahim Safavi, Commander, IRGC (Pasdaran)
Sanctions against nuclear power plant Bushehr (that Russia is building in southern Iran) Mention of Bushehr nuclear power plant deleted

In another concession to Russia, the resolution was amended to exclude any sanctions against a nuclear power plant that Russia is building at Bushehr, in southern Iran.
Aerospace Industries Organization on the list of "Entities involved in the ballistic missile programme" Aerospace Industries Organization was deleted from the list of those involved in Iran's ballistic missile program.

In an 11th-hour revision bowing to Moscow's demands, the Aerospace Industries Organization was removed from this list.

    B. Entities involved in the ballistic missile programme

    1. Shahid Hemmat Industrial Group (SHIG) (subordinate entity of AIO)
    2. Shahid Bagheri Industrial Group (SBIG) (subordinate entity of AIO)
    3. Fajr Industrial Group (formerly Instrumentation Factory Plant, subordinate entity of AIO)
Consequences for Iran from non-compliance with UN resolutions No consequences for Iran from non-compliance - subject to "further decisions"

"...Russia and China both said early drafts were too restrictive on Tehran."

24. Affirms that it shall review Iran's actions in the light of the report referred to in paragraph 23 above, to be submitted within 60 days, 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;

(b) that it shall terminate the measures specified in paragraphs 3, 4, 5, 6, 7, 10 and 12 of this resolution as soon as it determines 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 in paragraph 23 above shows that Iran has not complied with 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 this resolution and the requirements of the IAEA, and underlines that further decisions will be required should such additional measures be necessary;