Iran defies “snapback” of sanctions over its nuclear programme

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More details Arak IR-40 complex, a heavy water reactor and production plant, October 2012.

Europe’s “E 3” countries, France, Britain and Germany, are threatening to reimpose United Nations sanctions on Iran over its nuclear programme, claiming that Tehran has deliberately flouted the 2015 pact that originally suspended those measures. To do so, they would have to implement the pact’s so-called “snapback mechanism.”

U.N. sanctions in effect before the 2015 deal included a conventional arms embargo, restrictions on ballistic missile development, asset freezes, travel bans, plus a ban on the production of nuclear-related technology.

In July, the E3 countries told Tehran they would delay the snapback provision if Iran resumed talks with Washington about the Iranian nuclear programme, allowed U.N. inspectors to access its nuclear sites, and accounted for the 400-plus kilograms of near weapons-grade levels of highly enriched uranium it reportedly has.

The proposal was rejected by the Iranians, as was an attempted start to a new nuclear pact earlier this year, after Israeli bombing raids targeted Iranian nuclear and military sites and the US bombardment of 22 June.

Under terms of the 2015 Joint Comprehensive Plan of Action, Iran had agreed to limit uranium enrichment to levels required for civilian nuclear power in exchange for an end to the economic sanctions. The International Atomic Energy Agency (IAEA) was charged with monitoring Iran’s nuclear programme.

As it stands, the snapback provision, which expires on 18 October, enables the rapid reimposition of the original sanctions free of any U.N. Security Council veto once a participant notifies the Secretary-General and Security Council President about Iran’s “significant non-performance of commitments.” What follows is a 30-day window for adoption of a new resolution to continue sanctions relief. However, since it is likely in the circumstances that the US, Britain and France would veto any such resolution, all sanctions would automatically “snapback.”

Earlier this year, the “E-3” group settled on an end-August deadline with Washington for triggering the snapback mechanism if an agreement was not reached with Tehran. The US cannot activate the snapback provision since President Donald Trump withdrew the US from the nuclear pact in 2018.

The power to automatically reimpose sanctions expires on 18 October, after which efforts to do so could face vetoes from China and Russia. Therefore, the European countries would prefer to put the snapback mechanism in play during South Korea’s Security Council presidency in September, thereby avoiding having to do so when Russia takes over in October.

In May, the IAEA said Iran had amassed 408.6 kilograms of uranium enriched up to 60% purity. A 90% enrichment level would be sufficient to make nine nuclear weapons. IAEA estimates that Iran’s overall stockpile of enriched uranium stood at 9,247.6 kilograms as of 17 May. Under terms of the dormant nuclear deal, Iran was allowed to enrich uranium up to 3.67% and maintain a uranium stockpile of 300 kilograms.

Iran insists its nuclear programme is solely for peaceful purposes. It maintains that since Washington withdrew from the deal in 2018 and reimposed its own sanctions, it too has the right to ignore the nuclear pact restrictions and limits. If snapback is triggered, Tehran is now threatening to pull out of the Non-Proliferation of Nuclear Weapons Treaty, which it ratified in 1970.

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