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Joint Comprehensive Plan of Action

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Joint Comprehensive Plan of Action
Officials announcing the agreement
Created14 July 2015
RatifiedN/A (ratification not required)
Date effective
  • 18 October 2015 (adoption)[1]
  • 16 January 2016 (implementation)[2]
LocationVienna, Austria
SignatoriesCurrent
 Iran
 United States (2018)[3]
PurposeNuclear non-proliferation

The Joint Comprehensive Plan of Action (JCPOA; Persian: برنامه جامع اقدام مشترک, romanizedbarnāmeye jāme'e eqdāme moshtarak (برجام, BARJAM)),[4][5] also known as the Iran nuclear deal or Iran deal, is an agreement to limit the Iranian nuclear program in return for sanctions relief and other provisions. The agreement was finalized in Vienna on 14 July 2015, between Iran and the P5+1 (the five permanent members of the United Nations S.C.—China, France, Russia, the U.K., U.S.—plus Germany)[a] together with the European Union.

Formal negotiations began with the adoption of the Joint Plan of Action, an interim agreement signed between Iran and the P5+1 countries in November 2013. Iran and the P5+1 countries engaged in negotiations for the following 20 months and, in April 2015, agreed on an Iran nuclear deal framework, which later led to JCPOA, along with a Roadmap Agreement between Iran and the International Atomic Energy Agency (IAEA).[8]

Negotiations centered around sanctions relief and restrictions on Iran's nuclear facilities, including the Arak IR-40 reactor, Bushehr Nuclear Power Plant, Gachin Uranium Mine, Fordow Fuel Enrichment Plant, Isfahan Uranium Conversion Plant, Natanz Uranium Enrichment Plant, and the Parchin Military Research complex.

The agreement took effect on 20 January 2014.[9] It was criticized and opposed in the United States, Israel, Saudi Arabia, and by Iranian principlists.[10][11]

The United States withdrew from the pact in 2018 and imposed sanctions under the policy of "maximum pressure". The sanctions applied to all countries and companies doing business with Iran and cut it off from the international financial system, rendering the nuclear deal's economic provisions null.[12]

Timeline

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The agreement included a series of provisions describing actions that Iran would undertake for specified periods of time.

For 13 years, Iran agreed to eliminate its stockpile of medium-enriched uranium, cut its stockpile of low-enriched uranium by 98%, and reduce by about two-thirds the number of its gas centrifuges.

For 15 years, Iran agreed to enrich uranium only up to 3.67% and not to build heavy-water facilities.

For 10 years, uranium enrichment would be limited to a single facility using first-generation centrifuges. Other facilities would be converted to avoid proliferation risks.

IAEA would have regular access to all Iranian nuclear facilities to monitor compliance.

In return for verifiably abiding by those provisions, Iran would receive relief from U.S., European Union, and United Nations S.C. nuclear-related sanctions.

The JCPOA formed part of U.N. Security Council Resolution 2231. The Security Council (S.C.) enacted it on 20 July 2015 and adopted it on 18 October.

It took effect on 16 January 2016 (Adoption Day). JCPOA was to remain in effect for eight years or until receipt by the S.C. of an IAEA report stating that IAEA had reached the Broader Conclusion that all nuclear material in Iran remained in peaceful activities, and terminated ten years from Adoption Day.

On 12 October 2017, U.S. President Donald Trump announced that the U.S. would not make the certification provided for under U.S. domestic law, but stopped short of terminating the deal.[13]

In 2018, IAEA inspectors spent an aggregate of 3,000 calendar days in Iran, installing seals and collecting surveillance camera photos, measurement data, and documents for further analysis. In March 2018, IAEA Director Yukiya Amano said that the organization had verified that Iran was implementing its nuclear-related commitments.[14] On April 30, the U.S. and Israel said that Iran had not disclosed a past covert nuclear weapons program to the IAEA, as required.[15][16]

On 8 May 2018, Trump announced U.S. withdrawal from JCPOA.[17][18][19] On 7 August 2018, the E.U. enacted a blocking statute to defeat U.S. sanctions on countries trading with Iran.[20] In November 2018, U.S. sanctions came back into effect, intended to force Iran to alter its policies, including its support for militant groups in the region and its development of ballistic missiles.[21]

In May 2019, IAEA certified that Iran was abiding by the main terms, though questions were raised about how many advanced centrifuges Iran was allowed to have, which was only loosely specified in the deal.[22]

On 1 July 2019, Iran announced that it had breached the limit set on its stockpile of low-enriched uranium,[23] which the IAEA confirmed.[24]

On 5 January 2020, Iran declared that it would no longer abide by the deal's limitations but would continue to coordinate with IAEA.[25]

Background

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Nuclear technology

[edit]

A fission-based "atomic" nuclear weapon uses a fissile material to cause a nuclear chain reaction. The most commonly used materials are uranium 235 (235
U
) and plutonium 239 (239
Pu
). Both uranium 233 (233
U
) and reactor-grade plutonium have also been used.[26][27][28] The amount of uranium or plutonium needed depends on the sophistication of the design, with a simple design requiring approximately 15 kg of uranium or 6 kg of plutonium and a sophisticated design requiring as little as 9 kg of uranium or 2 kg of plutonium.[29] Plutonium is almost nonexistent in nature, and natural uranium is about 99.3% uranium 238 (238
U
) and only 0.7% 235
U
.

To make a weapon, either uranium must be enriched or plutonium must be produced. Uranium enrichment is required for nuclear power, although not to the same purity. For this reason, uranium enrichment is a dual-use technology required for both civilian and military purposes.[30] Key strategies to prevent proliferation of nuclear arms include limiting the number of operating uranium enrichment plants and controlling the export of nuclear technology and fissile material.[28][30]

Iranian nuclear activity, 1970–2006

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Iranian development of nuclear technology began in the 1970s, when the U.S. Atoms for Peace program began providing assistance. Iran ratified the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in 1970.[31]

After the 1979 Iranian Revolution, Iran's nuclear program fell into disarray as "much of Iran's nuclear talent fled the country in the wake of the Revolution". The new leader, Ayatollah Ruhollah Khomeini, initially opposed nuclear technology.[31]

In the late 1980s Iran reinstated its nuclear program, with assistance from China (which entered into an agreement with Iran in 1990), Pakistan (which did the same in 1992), and Russia (which did the same in 1992 and 1995), and from the A.Q. Khan network. Iran began pursuing nuclear capability, including uranium mining and experimenting with uranium enrichment.[31]

In August 2002 the Paris-based Iranian dissident group National Council of Resistance of Iran publicly revealed the existence of two undeclared nuclear facilities, the Arak heavy-water production facility and the Natanz enrichment facility.[31][32] In February 2003, Iranian President Mohammad Khatami acknowledged the existence of the facilities and acknowledged that Iran had undertaken "small-scale enrichment experiments" to produce low-enriched uranium for power plants.[31] IAEA inspectors visited Natanz.[32] In May 2003 Iran allowed IAEA inspectors to visit the Kalaye Electric Company, but not to take samples.[32]

In June 2003, an IAEA report concluded that Iran had failed to meet its obligations under the safeguards agreement.[32] Iran, faced with the prospect of a U.N. S.C. referral, entered negotiations with France, Germany, and the United Kingdom (the E.U. 3).[31][32] The U.S. took no part.[32] In October 2003, Iran and the E.U. 3 agreed to the Tehran Declaration. Iran agreed to full IAEA cooperation, to sign the Additional Protocol, and to temporarily suspend uranium enrichment.[31][32] In September and October 2003 the IAEA inspected several facilities.[31] This was followed by the Paris Agreement in November 2004, in which Iran agreed to temporarily suspend enrichment and conversion activities, including those related to centrifuges, and committed to working with the EU-3 to find a diplomatic solution".[31]

In August 2005, Iranian President Mahmoud Ahmadinejad accused the Iranian negotiators of treason.[32][33] Over the following two months, the E.U. 3 agreement fell apart as talks over the Long Term Agreement broke down; the Iranian government "felt that the proposal was heavy on demands, light on incentives, did not incorporate Iran's proposals, and violated the Paris Agreement".[31][32] Iran notified IAEA that it would resume enrichment at Esfahan.[31][32]

In February 2006, Iran ended its implementation of the Additional Protocol and resumed enrichment at Natanz, prompting IAEA to refer Iran to the S.C..[31][32] In April 2006 Ahmadinejad claimed that Iran had explored nuclear technology for power generation, not weapons.[32] In June 2006 the E.U. 3 joined China, Russia, and the U.S., to form the P5+1.[32] That July, the S.C. passed its first resolution (nr. 1696), demanding Iran stop uranium enrichment and processing.[34][32] S.C. resolution 1737 was adopted in December; followed by others.[35] The legal authority for IAEA referral and the S.C. resolutions derived from the IAEA Statute and the United Nations Charter.[35] The resolutions demanded that Iran cease enrichment activities, and imposed sanctions, including bans on the transfer of nuclear and missile technology to the country and freezes on the assets of certain Iranian individuals and entities.[31][32]

In July 2006, Iran opened the Arak heavy water production plant, which led to another S.C. resolution.[31]

S.C. resolutions, 2007–2013

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Four more S.C. resolutions followed: 1747 (March 2007), 1803 (March 2008), 1835 (September 2008), and 1929 (June 2010).[35] In Resolution 1803 and elsewhere the S.C. acknowledged Iran's rights under Article IV of the NPT, which provides the "inalienable right... to develop research, production and use of nuclear energy for peaceful purposes".[35][b]

In 2007, IAEA director-general Mohamed ElBaradei said that military action against Iran "would be catastrophic, counterproductive" and called for negotiations.[41] ElBaradei specifically proposed a "double, simultaneous suspension, a time out" as a confidence-building measure, under which sanctions and enrichment would be suspended.[41]

A November 2007 U.S. National Intelligence Estimate assessed that Iran had halted its nuclear weapons program in 2003; that estimate and U.S. Intelligence Community statements assessed that Iran was maintaining its option to develop nuclear weapons".[42]

In September 2009 U.S. President Barack Obama revealed the existence of an underground enrichment facility in Fordow, near Qom.[43] Israel threatened military action.[32]

Joint Plan of Action (2013)

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U.S. Secretary of State John Kerry shakes hands with Iranian Foreign Minister Javad Zarif after the P5+1 and Iran concluded negotiations about Iran's nuclear capabilities on November 24, 2013

In March 2013 the U.S. and Iran began talks in Oman, led by William Burns and Jake Sullivan (U.S.) and Ali Asghar Khaji (Iran).[32][44] In June 2013 Hassan Rouhani was elected president of Iran.[32][45] In a 2006 negotiation with Europe, Rouhani said that Iran had used the negotiations to dupe the Europeans, saying that during the negotiations, Iran had mastered the conversion of uranium yellowcake at Isfahan.[46] In August 2013, three days after his inauguration, Rouhani called for negotiations with the P5+1.[47]

In September 2013 Obama and Rouhani spoke by telephone, the first high-level contact between U.S. and Iranian leaders since 1979, and Secretary of State John Kerry met with Foreign Minister Mohammad Javad Zarif.[32][47] Former officials alleged that, in order to advance the deal, the Obama administration shielded Hezbollah from the Central Intelligence Agency and from the Drug Enforcement Administration's Project Cassandra investigation regarding drug smuggling.[48][49] Attorney General Jeff Sessions ordered an investigation.[50]

On 24 November 2013, after several rounds of negotiations, the interim Joint Plan of Action was signed between Iran and the P5+1. It consisted of a short-term program freeze in exchange for decreased economic sanctions.[51] The IAEA began inspections under this interim agreement.[47] The agreement was formally activated on 20 January 2014.[52] That day, an IAEA report stated that Iran was adhering to the terms of the interim agreement, including stopping enrichment of uranium to 20%, beginning to dilute half of the stockpile of 20% enriched uranium to 3.5%, and halting work on the Arak heavy-water reactor.[47][52]

A major focus of the negotiations was limitations on the Arak IR-40 heavy water reactor and production plant (which was under construction, but never became operational. Iran agreed in the Joint Plan of Action not to commission or fuel the reactor; the Bushehr Nuclear Power Plant; the Gachin uranium mine; the Fordow Fuel Enrichment Plant; the Isfahan uranium-conversion plant; the Natanz uranium enrichment plant; and the Parchin military research and development complex.[53]

In 2015, the U.S. enacted the Iran Nuclear Agreement Review Act of 2015.[c][55] Under the Act, once a nuclear agreement was negotiated with Iran, Congress had 60 days in which to pass a resolution of approval, a resolution of disapproval, or do nothing.[56] The Act included time beyond the 60 days for the president to veto a resolution and for Congress to vote on whether to override the veto.[57][56][58]

Provisions

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The Joint Comprehensive Plan of Action (JCPOA) covered 109 pages, including five annexes.[59] The major provisions are:[59][60][61]

Nuclear

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Enrichment-related provisions[62][63]: 29 
Capability Before JCPOA After JCPOA
(for 10-year period)
After 15 years
First-generation
centrifuges installed
19,138 capped at 6,104 Unconstrained[U 1]
Advanced centrifuges installed 1,008 0
Centrifuge R&D Unconstrained Constrained
Stockpile of
low-enriched uranium
7,154 kg 300 kg
Stockpile of
medium-enriched uranium
196 kg 0 kg
The physical limits phase out over 10 to 15 years[63]
  1. ^ According to the JCPOA, "The sequence and milestones set forth above and in Annex V are without prejudice to the duration of JCPOA commitments stated in this JCPOA."

Stocks

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Over 15 years, Iran would reduce its stockpile of low-enriched uranium by 97%, from 10,000 kg to 300 kg,[64][59][65][66][67] and limit enrichment to 3.67%, sufficient for civilian nuclear power and research, but not for weaponry.[65][66][68] This represented a "major decline" in Iran's nuclear activity. Iran had produced stockpiles near 20% (medium-enriched uranium).[65][66][67] Stocks in excess of 300 kg enriched up to 3.67% would be diluted to 0.7% or sold in return for uranium ore, while uranium enriched to between 5% and 20% was to be fabricated into fuel plates for the Tehran Research Reactor or sold or diluted to 3.67%. P5+1 agreed to facilitate commercial contracts.

After 15 years, all limits on enrichment would be removed, including limits on the type and number of centrifuges, Iran's stocks of enriched uranium, and enrichment sites. According to Belfer, at this point Iran could "expand its nuclear program to create more practical overt and covert nuclear weapons options".[63][69]

Centrifuges

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Iran initially possessed centrifuges sufficient for one nuclear weapon, but not for nuclear power.[70] Over ten years, Iran would secure over two-thirds of its centrifuges in storage, reducing active units to 6,104 centrifuges, with only 5,060 allowed to enrich uranium.[59][65] Enrichment would be restricted to the Natanz plant. The centrifuges there were limited to IR-1 centrifuges, Iran's oldest and least efficient; Iran would warehouse its advanced IR-2M centrifuges during this period.[53][66][67] Non-operating centrifuges would be stored in Natanz and monitored by IAEA, but could be used to replace failed centrifuges.[71][72] Iran agreed to build no enrichment facilities for 15 years.[65]

Research

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Iran could continue research and development work on enrichment only at the Natanz facility and had to respect specific limitations for eight years.[53] The intent was to maintain a one-year breakout interval.[65]

Reactors

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With cooperation from the "Working Group" (the P5+1 and possibly other countries), Iran was permitted to modernize the Arak heavy water research reactor based on an agreed design. Arak was to be limited to 20 MWt to support allowed research and production, while minimizing plutonium production and avoiding weapons-grade plutonium.[73] Spent fuel was to be sent out of the country.[53] All heavy water beyond Iran's reactor needs was to be exportable. In exchange, Iran imported 130 tonnes of uranium ore in 2015 and in late 2016 was approved to import 130 tonnes in 2017.[74] For 15 years Iran agreed not to research or engage in spent fuel reprocessing,[75] build additional heavy-water reactors, or accumulate heavy water.[53]

Fordow would stop researching and enriching uranium for at least 15 years. The facility was to be converted into a nuclear physics and technology center. For 15 years Fordow would maintain no more than 1,044 IR-1 centrifuges in six cascades in one wing. Two of the six cascades would be transitioned for stable radioisotope production for medical, agricultural, industrial, and scientific use. The other four would remain idle. Iran agreed to keep no fissile material there.[53][65][67]

An Additional Protocol extended the monitoring and verification provisions for as long as Iran remained a party to the NPT.[76]

Inspections

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A comprehensive inspections regime would monitor and confirm Iranian compliance.[65][66][d]

The IAEA was to have multilayered[87] oversight "over Iran's entire nuclear supply chain, from uranium mills to its procurement of nuclear-related technologies".[88] For sites such as Fordow and Natanz, the IAEA was to have 24-hour access to nuclear facilities and to maintain continuous monitoring (including via surveillance equipment).[88][89] The agreement authorized the IAEA to use sophisticated monitoring technology, such as fiber-optic equipment seals that could send the IAEA information; satellite imagery to detect covert sites; sensors to detect minute nuclear specimens; and tamper- and radiation-resistant cameras.[90][91] Other tools included software to gather information and detect anomalies, and datasets on imports.[87] The number of inspectors tripled to 150.[90]

Inspectors could request access, informing Iran of the basis of the request, to verify the absence of prohibited activities and nuclear materials.[89] The inspectors were to come only from countries with which Iran had diplomatic relations.[92] Iran could either allow the inspection or propose alternatives that satisfied the IAEA's concerns.[89] If the inspectors were not satisfied, a 24-day process would ensue.[89] Iran and the IAEA were to have 14 days to reach agreement.[89] For the following week a majority of the Commission could require Iran to take specific actions within three more days.[93][94] This allowed the U.S. and its allies to insist on responses that Iran, Russia or China could not veto.[93][95] After three days of non-compliance, sanctions would be automatically reimposed.[94]

Breakout

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These provisions were intended to extend the "breakout time"—the interval during which Iran could prepare enough material for a single nuclear weapon—from two to three months to one year.[59][65][96][e] Harvard University's Belfer Center for Science and International Affairs[63] and Center for Arms Control and Non-Proliferation[98][99] supported these estimates. By contrast, Alan J. Kuperman, coordinator of the Nuclear Proliferation Prevention Project at University of Texas at Austin, disagreed, arguing that the breakout time would be only three months.[100]

After ten years or more, the breakout time would gradually decrease.[59][96] By the 15th year, U.S. officials said the breakout time would return to the status quo ante of a few months.[59][96] The Belfer Center report stated: "Some contributors to this report believe that breakout time by year 15 could be comparable to what it is today—a few months—while others believe it could be reduced to a few weeks."[63]

Exemptions

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Iran was granted exemptions prior to 16 January 2016. Their reported purpose was to enable sanctions relief and other benefits to start by that date. The exemptions allowed Iran to:[101]

  • exceed the 300 kg of 3.5% LEU limit;
  • exceed the zero kg of 20% LEU limit;
  • keep operating 19 "hot cells" that exceed the size limit;
  • maintain control of 50 tonnes of heavy water that exceeded the 130-tonne limit by storing the excess at an Iran-controlled facility in Oman.[102]

Sanctions

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Iran had to submit a full report on its nuclear history before it could receive any sanctions relief.[103] At the time of the agreement, Iran was subject to a variety of sanctions imposed by an array of organizations. Once IAEA verified compliance with the nuclear-related measures, U.N. sanctions would terminate. Some E.U. sanctions would terminate and some would suspend. That would allow Iran to recover approximately $100 billion of its assets frozen in overseas banks.[104] No U.N. or E.U. nuclear-related sanctions or restrictive measures were to be imposed.[105]

Additional E.U. sanctions would be lifted after eight years of compliance, including some on the Revolutionary Guards.[106]

The U.S. agreed to suspend its nuclear-related secondary sanctions.[107][108] This was not tied to a date or compliance but was expected to occur "roughly in the first half of 2016".[107][109][110] Some sanctions would continue: those on conventional weapon sales for five years; those on ballistic missile technologies for eight.[59][111] But sanctions related to human rights, missiles, and support for terrorism remained in effect.[67][112] Many U.S. sanctions apply worldwide; E.U. sanctions apply only in Europe.[106]

Snapback

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Any of the P5+1 could invoke a "snapback" provision, under which sanctions would be reimposed.[65][66][105] Snapback sanctions would not apply retroactively to previously allowed contracts.[71]

Dispute resolution

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Any party could refer allegations of non-compliance to the Joint Commission monitoring body.[67][113] Complaints by a non-Iran party that were not resolved to the complainant's satisfaction within 35 days would allow the complainant to cease performing its commitments, notify the S.C., or both.[113] The S.C. would then have 30 days to adopt a resolution to continue the sanctions relief. Absent such a resolution, nuclear-related U.N. sanctions would automatically be reimposed. Iran said it would then cease performing its nuclear obligations.[114][113] This would allow any permanent S.C. member (U.S., United Kingdom, China, Russia or France) to veto sanctions relief.

This procedure implied that the U.S., U.K., or France could reinstitute sanctions if it concluded that Iran was non-compliant,[113] though since that might cause Iran to withdraw from the agreement, they might be reluctant to do so.[115]

Expiration

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After 15 years, many provisions of the JCPOA would expire, including most enrichment provisions.[116]

International reaction

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