(18)

The following Articles are inserted: ‘Article 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. 7. 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 approval on a case-by-case basis by 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. Article 26d 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 items, materials, equipment, goods and technology not covered by Article 26c or Article 26e that could contribute to reprocessing- or enrichment-related, heavy water-related or other activities inconsistent with the JCPOA shall be subject to an authorisation on a case-by-case basis by the competent authorities of the exporting Member State, whether or not originating in their territories. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision. 2. The requirement in paragraph 1 shall not apply to the supply, sale or transfer to Iran of equipment referred to in that paragraph for light water reactors. 3. Member States engaging in the activities referred to in paragraphs 1 and 2 shall ensure that 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. 4. Member States engaging in the activities referred to in paragraph 2 shall ensure that they notify the other Member States within ten days of such activities. 5. The requirement set out 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 other Member States ten days in advance of such activities; and (f) 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. 6. 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 an authorisation on a case-by-case basis by the competent authorities of the relevant Member State. 7. 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 technologies referred to paragraph 1 shall be subject to an authorisation on a case-by-case basis by the competent authorities of the relevant Member State. 8. 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 approval, on a case-by-case basis, by the competent authorities of the relevant Member State, whether or not originating in the territory of Iran. 9. The competent authorities of the Member States shall not grant any authorisation for any supply, sale, transfer or procurement of the items, materials, equipment, goods and technology referred to in paragraph 1 if they determine that the supply, sale, transfer or procurement concerned or the provision of the service concerned would contribute to activities inconsistent with the JCPOA. 10. The relevant Member State shall inform the other Member States of its intention to grant an authorisation under this Article at least ten days in advance. Article 26e 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 items, materials, equipment, goods and technology contained in the Missile Technology Control Regime list or any additional item that could contribute to the development of nuclear weapon delivery systems shall be prohibited, whether or not originating in their territories. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision. 2. It shall also be prohibited to: (a) provide technical assistance or training, investment or brokering services related to items, materials, equipment, goods and technology set out in paragraph 1 and to the provision, manufacture, maintenance and use of these items, materials, equipment, goods and technology, directly or indirectly, to any person, entity or body in, or for use in, Iran; (b) provide financing or financial assistance related to items and technology referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any supply, sale, transfer or export of these items and technologies, or for the provision of related technical assistance, training, services or assistance, directly or indirectly, to any person, entity or body in, or for use in, Iran; (c) participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibition referred to in points (a) and (b); (d) make an 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 technologies referred to paragraph 1. 3. 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 prohibited, whether or not originating in the territory of Iran. Article 26f 1. The supply, sale or transfer to Iran, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under their jurisdiction, of graphite, and raw or semi-finished metals, such as aluminium and steel, shall be subject to an authorisation by the competent authority of the exporting Member State whether or not originating in their territories. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision. 2. The provision of: (a) technical assistance or training and other services related to items referred to in paragraph 1; (b) financing or financial assistance for any supply, sale, or transfer of items referred to in paragraph 1 or for the provision of related technical assistance and training, shall also be subject to an authorisation of the competent authority of the relevant Member State. 3. The competent authorities of the Member States shall not grant any authorisation for any supply, sale or transfer of the items, materials, equipment, goods and technology referred to in paragraph 1 if: (a) they determine that the supply, sale or transfer concerned or the provision of the service concerned would: (i) contribute to reprocessing- or enrichment-related or heavy water-related activities or other nuclear-related activities inconsistent with the JCPOA; (ii) contribute to Iran's military or ballistic missile programme; or (iii) benefit directly or indirectly the Iranian Revolutionary Guard Corps; (b) contracts for delivery of such items or assistance do not include appropriate end-user guarantees. 4. The relevant Member State shall inform the other Member States of its intention to grant an authorisation under this Article at least ten days in advance. Article 26g 1. The supply, sale or transfer to Iran, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under their jurisdiction, of software for integrating industrial processes shall be subject to an authorisation by the competent authority of the exporting Member State, whether or not originating in their territories. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision. 2. The provision of: (a) technical assistance or training and other services related to items referred to in paragraph 1; (b) financing or financial assistance for any supply, sale or transfer of items referred to in paragraph 1 or for the provision of related technical assistance and training, shall also be subject to an authorisation of the competent authority of the relevant Member State. 3. The competent authorities of the Member States shall not grant any authorisation for any supply, sale or transfer of the items, materials, equipment, goods and technology referred to in paragraph 1 if: (a) they determine that the supply, sale, transfer or export concerned or the provision of the service concerned would: (i) contribute to reprocessing- or enrichment-related or heavy water-related activities or other nuclear-related activities inconsistent with the JCPOA; (ii) contribute to Iran's military or ballistic missile programme; or (iii) benefit directly or indirectly the Iranian Revolutionary Guard Corps. (b) contracts for delivery of such items or assistance do not include appropriate end-user guarantees. 4. The relevant Member State shall inform the other Member States of its intention to grant an authorisation under this Article at least ten days in advance.’.