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Cablegate: Implementing Un Security Council Resolutions On

O 020117Z OCT 08
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE
AMEMBASSY TRIPOLI IMMEDIATE

UNCLAS STATE 105173


E.O. 12958: N/A
TAGS: KNNP IR MNUC PARM

SUBJECT: IMPLEMENTING UN SECURITY COUNCIL RESOLUTIONS ON
IRAN

1. (U) This is an action request. Please see
paragraph 4.

2. (U) OBJECTIVE: To reaffirm the importance of
implementing all UN Security Council resolutions
(UNSCRs) adopted on Iran following the adoption of UNSCR
1835.

3. (U) BACKGROUND: On Saturday, 27 September 2008, the
UN Security Council adopted resolution 1835 by
consensus. This resolution reaffirmed the requirements
of each of the resolutions adopted by the UN Security
Council to date and called upon Iran to abide by its
UNSC obligations, IAEA Board of Governors' requirements,
and the provisions of the Treaty on the Nonproliferation
of Nuclear Weapons (NPT) without further delay. The
text of the resolution is contained in paragraph 5. The
adoption of this resolution also demonstrated to Iran
that the international community is resolved and unified
to prevent its acquisition of a nuclear weapons
capability and to counter its defiance of its
international nuclear obligations.

4. (U) ACTION REQUEST: Posts are requested to provide
appropriate host government interlocutors with a copy of
the text of UNSCR 1835 and the non-paper in paragraph 6
outlining the Chapter VII sanctions that have been
adopted by the UNSC on Iran to date. Posts should
reinforce that the robust implementation of these
measures is critical so as to ensure that Iran is
compelled to comply with its UNSC, IAEA, and NPT
obligations. Posts should emphasize that UNSCR 1835 was
adopted by consensus and demonstrates that the
international community is resolved and unified in its
efforts to prevent Iran's acquisition of a nuclear
weapons capability.

5. (U) BEGIN TEXT OF UNSCR 1835

The Security Council,

Taking note of the September 15, 2008 Report by the
Director General of the International Atomic Energy
Agency on the Implementation of the NPT Safeguards
Agreement and relevant provisions of Security Council
resolutions (GOV/2008/38),

Reaffirming its commitment to the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT),

(1) Reaffirms 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, its resolution 1747 (2007) of 24
March 2007, and its resolution 1803 (2008) of 3 March
2008;

(2) Takes note of the 3 March 2008 Statement of the
Foreign Ministers of China, France, Germany, the Russian
Federation, the United Kingdom, the United States of
America, with the support of the High Representative of
the European Union, describing the dual-track approach
to the Iranian nuclear issue,

(3) Reaffirms its commitment within this framework to
an early negotiated solution to the Iranian nuclear
issue and welcomes the continuing efforts in this
regard;

(4) Calls upon Iran to comply fully and without delay
with its obligations under the above mentioned
resolutions of the Security Council, and to meet the
requirements of the IAEA Board of Governors;

(5) Decides to remain seized of the matter.

END TEXT OF UNSCR 1835

6. (U) BEGIN U.S. NON-PAPER

-- On 27 September 2008, the UN Security Council voted
unanimously to adopt resolution 1835. The Security
Council's action and the expedited manner in which it
was taken makes clear that Iran's nuclear weapons
ambitions remain both a serious concern and a priority
issue for the international community.

-- This resolution sends a strong signal of continued
international resolve and unity in our goal of
preventing Iran from developing a nuclear weapons
capability.

-- UNSCR 1835 underscores Iran's requirement to
cooperate fully with the International Atomic Energy
Agency (IAEA), as well as Iran's legally-binding
obligation to suspend its uranium enrichment,
reprocessing and heavy water-related activities without
further delay.

-- The passage of UNSCR 1835 reiterates the commitment
of the P5+1 to the dual-track strategy, despite Iran's
repeated rejection of P5+1 incentives.

-- UNSCR 1835 also reaffirms the previous resolutions
adopted by the UN Security Council on Iran and the
sanctions that three of these imposed upon Iran. These
targeted sanctions restrict a range of Iranian
activities and interactions with the international
community in order to increase the pressure on Iran's
leadership to seek the path of negotiations and
cooperation, rather than continue with its policy of
defiance.

-- Below is a summary description of the measures
related to Iran's nuclear program adopted by the UN
Security Council to date and the requirements that they
impose on UN Member States.

-- The United States urges all UN Member States to
implement these provisions robustly in order to support
a diplomatic resolution to international concerns with
Iran's nuclear program.

TECHNOLOGY TRANSFERS

-- States are required to take the steps necessary to
prevent the transfer to Iran of all items controlled by
the Nuclear Suppliers Group (NSG), except:

---- Equipment in section B.1 of Part 1 of the
Guidelines, when intended for use in light water
reactors;

---- Low enriched uranium when it is incorporated in
assembled nuclear fuel elements for light water
reactors; and,

---- Dual-use items when necessary for IAEA technical
cooperation projects with Iran or for exclusive use in
light water reactors.

-- Note: although cooperation on light water reactors is
exempted in the UNSCRs, the United States remains
concerned that such cooperation presents a risk of
diversion to prohibited activities.

-- States are also required to prevent the transfer to
Iran of dual use items, even if not controlled by the
NSG, if the state determines that they would contribute
to Iran's proliferation sensitive nuclear activities.

-- States are required to take the steps necessary to
prevent the transfer to Iran of all items controlled by
the Missile Technology Control Regime (MTCR).

-- States are similarly required to prevent any
technical assistance or training to Iran that would
enable it to engage in uranium enrichment-related,
reprocessing, or heavy water-related activities, or
those associated with its development of nuclear weapon
delivery systems.

-- Iran is prohibited from transferring items controlled
by the NSG and MTCR abroad.

FINANCIAL SANCTIONS

-- States are required to freeze the assets of those
individuals and entities identified in UNSCRs 1737, 1747
and 1803, including, notably, Iran's Bank Sepah.

-- States are required to prevent the provision of any
financial assistance, investment, brokering or other
services, and the transfer of financial resources and
services that would facilitate its proliferation
sensitive nuclear activities or development of nuclear
weapon delivery systems.

-- States are called upon to not enter into new
commitments for grants, financial assistance, and
concessional loans to the Government of Iran, except for
humanitarian purposes.

-- States are called upon to exercise vigilance in
entering into new commitments for public-provided
support for trade with Iran, including granting of
export credits, guarantees, or insurance to their
nationals and entities involved in such trade.

-- States are called upon to exercise vigilance over the
activities of financial institutions in their
territories with all banks domiciled in Iran, in
particular Bank Melli and Bank Saderat, and their
branches and subsidiaries abroad.

TRAVEL RESTRICTIONS

-- States are called upon to exercise vigilance and
restraint in permitting the travel of designated
individuals in UNSCRs 1737, 1747, and 1803.

-- States are prohibited from permitting the travel of
the following individuals, unless approved by the UNSC
Iran Sanctions Committee on humanitarian grounds:

---- Mohammad Qannadi, AEOI Vice President for Research
and Development;

---- Dawood Agha-Jani, Head of the Pilot Fuel Enrichment
Plant (Natanz);

---- Behman Asgarpour, Operational Manager (Arak Heavy
Water Research Reactor);

---- Seyed Jaber Safdari, Manager of the Natanz
Enrichment Facilities; and,

---- Amir Rahimi, Head of the Esfahan Nuclear Fuel
Research and Production Center.

ARMS-RELATED PROVISIONS

-- Iran is prohibited from transferring any arms or
related materiel.

-- States are called upon to exercise vigilance and
restraint in the sale or transfer of arms contained in
the UN Register on Conventional Arms to Iran.

INSPECTIONS

-- States are required to take necessary measures to
prevent the transfer to Iran of proscribed items as
defined by UNSCRs 1737 and 1803, as discussed in the
section on Technology Transfers.

-- States are also called upon to conduct inspections of
cargoes to and from Iran when being transported by the
Islamic Republic of Iran Shipping Lines or Iran Air
Cargo, provided there are reasonable grounds to believe
that the aircraft or vessel involved is transporting
proscribed goods.

END U.S. NON-PAPER

7. (U) Posts are requested to report any substantive
responses by 3 October 2008. Richard Nephew (ISN/RA,
202-736-4730, NephewRM@state.sgov.gov), Heather Von
Behren (IO/T, 202-647-2753, VonBehrenHW@state.sgov.gov)
and Victoria Taylor (NEA/IR, 202-647-2516,
TaylorVJ@state.sgov.gov) are the Department's POCs for
this activity.

8. (U) Minimize considered.
RICE


NNNN


End Cable Text

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