Further to our letter dated 27 November 2024 (S/2024/862), France, Germany and the United Kingdom would like to address the claims made by Iran and Russia in their letters dated 2 December 2024 (S/2024/874) and 3 December 2024 (S/2024/878), respectively.

France, Germany and the United Kingdom (the E3) have sought to uphold diplomacy at every opportunity despite the United States withdrawal and Iran’s severe non-compliance with its Joint Comprehensive Plan of Action commitments since 2019. Every action we have taken has been consistent with the provisions of the Joint Comprehensive Plan of Action.

Iran’s non-compliance with its Joint Comprehensive Plan of Action commitments is well documented and supported by independent International Atomic Energy Agency (IAEA) reporting. In full accordance with paragraph 36 of the Joint Comprehensive Plan of Action, the E3 triggered the dispute resolution mechanism in January 2020 in response to Iran’s violation of its commitments. Since then, we have striven in good faith to resolve the issues arising from Iran’s non-compliance through this procedure. Iran’s significant non-compliance remains unresolved, allowing the E3 to treat the unresolved issue as grounds to cease performing their commitments under the Joint Comprehensive Plan of Action in whole or in part, as allowed by the Joint Comprehensive Plan of Action. It is on this basis that the E3 did not lift sanctions on Iran’s nuclear and ballistic missile programmes on Transition Day in October 2023, in full accordance with the Joint Comprehensive Plan of Action and with Security Council resolution 2231 (2015). We reiterate that this was a proportionate and legitimate response to years of Iran’s non-compliance with its commitments.

Contrary to Iran’s claims, sanctions introduced by the European Union and the United Kingdom in the second half of 2024 against inter alia Islamic Republic of Iran Shipping Lines are entirely separate from and therefore fully consistent with the Joint Comprehensive Plan of Action. We clearly stated upfront that we would respond with new and significant measures should Iran transfer ballistic missiles to Russia for use in Ukraine. These measures were based on sanctions regimes not covered by the Joint Comprehensive Plan of Action, namely, Council Decision (CSFP) 2023/1532 and Council Regulation (EU) 2023/1529 in the case of Germany and France and the Iran (Sanctions) Regulations 2003 in the case of the United Kingdom. Apart from that, paragraph 30 of the Joint Comprehensive Plan of Action allows the E3 to impose sanctions on entities for engaging in activities covered by the lifting of sanctions under the agreement if they violate other E3 laws and regulations. As outlined above, the European Union and the United Kingdom have in place and have applied robust regulations allowing for the targeted use of sanctions against those supporting Russia’s war of aggression in Ukraine.

The E3 remain committed to a diplomatic solution to the Iran nuclear issue. It is Iran that twice refused to seize a critical opportunity to agree to a revised Joint Comprehensive Plan of Action tabled by the Joint Comprehensive Plan of Action Coordinator in 2022. This would have returned the United States to the deal and brought Iran back into full compliance with its commitments.

Nevertheless, the E3 have continued to engage Iran in good faith to find a diplomatic way forward. We are rapidly approaching a critical juncture on Security Council resolution 2231 (2015) next year. Iran must de-escalate its nuclear programme to create the political environment conducive to meaningful progress and a negotiated solution. We reiterate our determination to use all diplomatic tools to prevent Iran from acquiring a nuclear weapon, including using snapback if necessary.

We would be grateful if the present letter could be circulated as a document of the Security Council.

(Signed) Nicolas de Rivière
Permanent Mission of France to the United Nations
(Signed) Antje Leendertse
Permanent Mission of Germany to the United Nations
(Signed) Barbara Woodward
Permanent Mission of the United Kingdom to the United Nations