Iran

Declaration:

“… pursuant to Article 30, paragraph 5 of the Convention, the Islamic Republic of Iran hereby declares that any amendment to an annex to the Convention shall enter into force for the Islamic Republic of Iran only upon the deposit of its instrument of ratification, acceptance, approval or accession with respect thereto…”
“Consistent with its principal policy of protecting and promoting the environment and human health, the Islamic Republic of Iran has ratified the Minamata Convention on Mercury.
Fulfilling the obligations enshrined in the Convention is a clear duty of all relevant stakeholders including governmental or non-governmental; the Ministry of Foreign Affairs as the National Focal Point and the Organization of Protection of Environment as the National Authority of the Convention are assigned with the task of handling and monitoring the national implementation of the Convention.
It is the understanding of the Islamic Republic of Iran that implementation of the Convention is subject to providing the developing countries with sustainable, adequate and accessible financial support, technical assistance, technology transfer as well as capacity building and proper training which are recognized in the Articles 13 and 14 of the Convention as part of responsibilities of all parties, specifically the developed country parties.
The Islamic Republic of Iran is of the view that full and accurate implementation of the said articles is as necessary as other articles of the Convention and non-implementation of the said Articles may raise the issue of compliance.
Should the above assistance and support fail to be adequate, timely and sustainable; the extension of the exemptions will be a necessity.
The Islamic Republic of Iran would like toencourage all countries that have not yet done so, in particular developed countries to join the Convention and emphasizes that the whole international community should work together to realize the accepted principle of ‘Common But Differentiated Responsibilities’.”

Reservation:

"Pursuant to Article 13, paragraph 5, of the Intergovernmental Agreement on the Trans-Asian Railway Network, the Government of the Islamic Republic of Iran declares that any dispute between the Government of the Islamic Republic of Iran and other States Parties relating to the interpretation or application of this Agreement shall be settled in conformity with the Constitution of the Islamic Republic of Iran and relevant domestic rules and regulations."

Reservation:

“Pursuant to Article 27, paragraph 3 of the United Nations Convention on Jurisdictional Immunities of States and Their Property, the Government of the Islamic Republic of Iran does not consider itself bound by the provisions of Article 27, paragraph 2 of the Convention. The Government of the Islamic Republic of Iran affirms that the consent of all parties to such a dispute is necessary, in
each individual case, for the submission of the dispute to the International Court of Justice. The Government of the Islamic Republic of Iran can, if it deems appropriate, for the settlement of such a dispute, agree with the submission of the dispute to arbitration in accordance with its related domestic law.”

Reservation:

"Pursuant to Article 14, paragraph 5, of the Intergovernmental Agreement on the Asian Highway Network, the Government of the Islamic Republic of Iran declares that any dispute between the Government of the Islamic Republic of Iran and other States Parties relating to the interpretation or application of this Agreement shall be settled in conformity with the Constitution of the Islamic Republic of Iran and relevant domestic rules and regulations."

Reservation made upon signature and confirmed upon ratification:

"Pursuant to article 66, paragraph 3 of the United Nations Convention against Corruption, the Government of the Islamic Republic of Iran declares that it does not consider itself bound by the provisions of article 66, paragraph 2 of the Convention. The Government of the Islamic Republic of Iran affirms that the consent of all parties to such a dispute is necessary, in each individual case, for the submission of the dispute to arbitration or to the International Court of Justice. The Government of the Islamic Republic of Iran can, if it deems appropriate, for the settlement of such a dispute, agree with the submission of the dispute to arbitration in accordance with its Constitution and related domestic law.
The Government of the Islamic Republic of Iran reserves its right to declare further reservation(s), at it deems appropriate, at the time of the deposit of the instrument of ratification of the Convention."
Interpretative declaration made upon ratification:
“The Government of the Islamic Republic of Iran regards the ‘laundering of proceeds of crime’ in Article 23 of the Convention as relating exclusively to the offences stipulated in the Convention.”

“Reservations:

1. The Islamic Republic of Iran will interpret and implement the provisions of the Convention, including Article 2, 3, 5, 10 and 23, in accordance with its domestic laws and regulations, in particular the principles of its Constitution. Furthermore, in cases where the implementation of paragraph 1 of Article 14 requires utilization of property in a manner contrary to Sharia Law, the Islamic Republic of Iran, does not consider itself bound by the provision of this article.
2. The Islamic Republic of Iran does not consider itself bound by the provisions of Article 35, paragraph 2, of this Convention, which provide that any dispute between two or more States concerning the interpretation or application of this Convention that cannot be settled through negotiation shall be referred to arbitration or to the International Court of Justice.
3. The Islamic Republic of Iran will decide, on a case-by-case basis, the application of Article 15, 16 and 18 of the Convention regarding cooperation in matters related to extradition or mutual legal assistance.
4. The Convention shall not prejudice the legitimate right of peoples or groups under colonial domination and/or foreign occupation to fight against aggression and occupation and to exercise their right to self-determination.

Declarations:

1. The ratification of this Convention by the Islamic Republic of Iran shall not be construed in any manner recognition of the Zionist occupying regime (the Israeli regime).
2. Any referral of disputes to judicial forums or arbitration shall be solely subject to the provisions of Principle 139 of the Constitution of the Islamic Republic of Iran.”

Reservations:

1. The Islamic Republic of Iran will respect and implement the provisions of the Convention within the framework of its Constitution and domestic laws.
2. With respect to para. 1(3) of Resolution No. 50/6 dated 24 October 1995 of the United Nations General Assembly as reflected in the Preamble of the Convention which reaffirms “the right of self-determination of all peoples, taking into account the particular situation of peoples under colonial or other forms of alien domination or foreign occupation”, the Supreme National Security Council of the Islamic Republic of Iran will designate individuals, groups and organizations as terrorist, in line with Article 2( l)(b) of the Convention, and communicate it to the competent national authorities for implementation. The provisions of Article 6 of the Convention cannot confine this explicit right.
3. Pursuant to Article 2(2) (a) of the Convention, the Government of the Islamic Republic of Iran declares that in application of the Convention, the treaties and protocols to which the Islamic Republic of Iran is not a party shall be deemed not included in the annex of the Convention. Furthermore, entry into force of the provisions of Article 23 concerning the amendment of the list of agreements annexed to the Convention shall be, for the Islamic Republic of Iran, subject to compliance with Principles 77 and 125 of the Constitution of the Islamic Republic of Iran.
4. The Islamic Republic of Iran does not consider itself bound by the provisions of Article 24(1) of the Convention concerning referral to arbitration or the International Court of Justice in line with paragraph (2) of the said article. In cases where the Government of the Islamic Republic of Iran deems it appropriate to refer disputes to arbitration, it may do so in compliance with its domestic laws and regulations.
5. The role assigned to the International Committee of the Red Cross in Article 9(5) of the Convention may be acceptable only within the framework of the humanitarian law instruments to which the Islamic Republic of Iran has acceded.
6. With respect to Article 11(4) of the Convention concerning extradition, the Government of the Islamic Republic of Iran will proceed in accordance with its Constitution and legislations.

Declaration:

The accession of the Islamic Republic of Iran to this Convention shall not be construed in any manner as recognition of the Zionist Occupying Regime (Israeli regime).

Declarations:

"The Islamic Republic of Iran, on the basis of the Islamic principles and beliefs, considers chemical weapons inhuman, and has consistently been on the vanguard of the international efforts to abolish these weapons and prevent their use.
1. The Islamic Consultative Assembly (the Parliament) of the Islamic Republic of Iran approved the bill presented by the Government to join the [said Convention] on 27 July 1997, and the Guardian Council found the legislation compatible with the Constitution and the Islamic Tenets on 30 July 1997, in accordance with its required Constitutional process. The Islamic Consultative Assembly decided that:
The Government is hereby authorized, at an appropriate time, to accede to the [said Convention] - as annexed to this legislation and to deposit its relevant instrument.
The Ministry of Foreign Affairs must pursue in all negotiations and within the framework of the Organization of the Convention, the full and indiscriminate implementation of the Convention, particularly in the areas of inspection and transfer of technology and chemicals for peaceful purposes. In case the afore-mentioned requirements are not materialized, upon the recommendation of the Cabinet and approval of the Supreme National Security Council, steps aimed at withdrawing from the Convention will be put in motion.
2. The Islamic Republic of Iran attaches vital significance to the full, unconditional and indiscriminate implementation of all provisions of the Convention. It reserves the right to withdraw from the Convention under the following circumstances:
-- non-compliance with the principle of equal treatment of all States Parties in implementation of all relevant provisions of the Convention;
-- disclosure of its confidential information contrary to the provisions of the Convention;
-- imposition of restrictions incompatible with the obligations under the Convention.
3. As stipulated in article XI, exclusive and non-transparent regimesimpeding free international trade in chemicals and chemical technology for peaceful purposes should be disbanded. The Islamic Republic of Iran rejects any chemical export control mechanism not envisaged in the Convention.
4. The Organization for Prohibition of Chemical Weapons (OPCW) is the sole international authority to determine the compliance of States Parties regarding chemical weapons. Accusations by States Parties against other States Parties in the absence of a determination of non-compliance by OPCW will seriously undermine the Convention and its repetition may make the Convention meaningless.
5. One of the objectives of the Convention as stipulated in its preamble is to `promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under the Convention in order to enhance the economic and technological development of all States Parties.' This fundamental objective of the Convention should be respected and embraced by all States Parties to the Convention. Any form of undermining, either in words or in action, of this overriding objective is considered by the Islamic Republic of Iran a grave breach of the provisions of the Convention.
6. In line with the provisions of the Convention regarding non-discriminatory treatment of States Parties:
- inspection equipment should be commercially available to all States Parties without condition or limitation.
- the OPCW should maintain its international character by ensuring fair and balanced geographical distribution of the personnel of its Technical Secretariat, provision of assistance to and cooperation with States Parties, and equitable membership of States Parties in subsidiary organs of the Organization,
7. The implementation of the Convention should contribute to international peace and security and should not in any way diminish or harm national security or territorial integrity of the States Parties."

Upon signature:

Reservation:
"The Islamic Republic of Iran is making reservation to the articles and provisions which may be contrary to the Islamic Shariah, and preserves the right to make such particular declaration, upon its ratification".
Upon ratification:

Reservation:
"The Government of the Islamic Republic of Iran reserves the right not to apply any provisions or articles of the Convention that are incompatible with Islamic Laws and the international legislation in effect."

Upon signature:

"The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law.
"The Government furthermore wishes to make a reservation to article 32, paragraphs 2 and 3, since it does not consider itself bound to compulsory jurisdiction of the International Court of Justice and feels that any disputes arising between the Parties concerning the interpretation or application of the Convention should be resolved through direct negotiations by diplomatic means."

Reservation:

"Pursuant to Article 16, paragraph 2 of the International Convention against the Taking of Hostages, the Government of the Islamic Republic of Iran declares that it does not consider itself bound by the provisions of Article 16, paragraph 1 of the Convention regarding the reference of any dispute concerning the interpretation, or application of this Convention, which is not settled by negotiation to arbitration or to the International Court of Justice."
Interpretative declaration:

"The Government of the Islamic Republic of Iran declares its categorical condemnation of each and every act of terrorism, including taking innocent civilians as hostages, which violates human rights and fundamental freedom of human kind, undermines the stability and security of human communities, and hinders countries from development and progress. The Islamic Republic of Iran believes that elimination of terrorism requires a comprehensive campaign by the international community to identify and eradicate political, economic, social and international root causes of the scourge.
The Islamic Republic of Iran further believes that fighting terrorism should not affect the legitimate struggle of peoples under colonial domination and foreign occupation in the exercise of their right of self-determination, as enshrined in a variety of international documents, including the Charter of the United Nations, the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, and Article 1 paragraph 4 of the Protocol I Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts."

Reservation:

“The Islamic Republic of Iran reserves its position on article 31 and does not consider itself bound by the provisions of that article.”

Declarations:

"(a) In accordance with article 1 (3) of the Convention, the Islamic Republic of Iran will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Islamic Republic of Iran;
(b) In accordance with article 1 (3) of the Convention, the Islamic Republic of Iran will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State Party to the Convention."

"The Imperial Government of Iran, in accordance with article 25 of the Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium, done at New York on 23 June 1953, and in accordance with article 16 of the Bill approved by the Iranian Parliament on 16 Bahman 1337 (7 February 1959), declares its ratification of the Protocol, and hereby further specifies that its ratification of the Protocol will in no way affect the status of the Law providing for the Prohibition of the Poppy Cultivation, as approved by Parliament on 7 Aban 1334 (30 October 1955)."

Subject to the following reservations:
1. In all cases where, under the provisions of this Convention, refugees enjoy the most favourable treatment accorded to nationals of a foreign State, the Government of Iran reserves the right not to accord refugees the most favourable treatment accorded to nationals of States with which Iran has concluded regional establishment, customs, economic or political agreements.
2. The Government of Iran considers the stipulations contained in articles 17, 23, 24 and 26 as being recommendations only.

Declaration made upon signature:

“The Government of the Islamic Republic of Iran seizes the opportunity at this moment of signing ‘the United Nations Convention on International Settlement Agreements Resulting from Mediation’, to place on the record its ‘understanding’ in relation to provisions of the Convention, bearing in mind that the main objective for submitting this declaration is the avoidance of eventual future interpretation of the following articles in a manner incompatible with the original intention and previous positions or in disharmony with national laws and regulations of the Islamic Republic of Iran.
It is the understanding of the Islamic Republic of Iran as well as reservations that:
- the Islamic Republic of Iran has no obligation to apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party, to the extent specified in the declaration;
- The Islamic Republic of Iran will apply this Convention only to the extent that the parties to the settlement agreement have agreed to the application of the Convention;
- The Islamic Republic of Iran may have the choice to make reservations upon ratification;
- The Islamic Republic of Iran, in accordance with the relevant provisions of the Convention, reserves the right to adopt laws and regulations to co-operate with the States.”

Declarations upon signature:

"1. The Islamic Republic of Iran considers that the Treaty does not meet nuclear disarmament criteria as originally intended. We had not perceived a CTBT only as non-proliferation instrument. The Treaty must have terminated fully and comprehensive further development of nuclear weapons. However, the Treaty bans explosions, thus limiting such development only in certain aspects, while leaving others avenues wide open. We see no other way for the CTBT to be meaningful, however, unless it is considered as a step towards a phased program for nuclear disarmament with specific time frames through negotiations on a consecutive series of subsequent treaties.
2. On National Technical Means, based on the deliberation that took place on the issues in the relevant Ad Hoc Committee of the Conference on Disarmament in Geneva, we interpret the text as according a complementary role to them and reiterate that they should be phased out with further development of the International Monitoring System. National Technical Means should not be interpreted to include information received from espionage and human intelligence.
3. The inclusion of Israel in the MESA grouping constitutes a politically-motivated aberration from UN practice and is thus objectionable. We express our strong reservation on the matter and believe that it will impede the implementation of the Treaty, as the confrontation of the States in this regional group would make it tremendously difficult for the Executive Council to form. The Conference of the States Parties would eventually be compelled to find a way to redress this problem."

Upon signature:

Interpretative declaration on the subject of straits
"In accordance with article 310 of the Convention on the Law of the Sea, the Government of the Islamic Republic of Iran seizes the opportunity at this solemn moment of signing the Convention, to place on the records its "understanding" in relation to certain provisions of the Convention. The main objective for submitting these declarations is the avoidance of eventual future interpretation of the following articles in a manner incompatible with the original intention and previous positions or in disharmony with national laws and regulations of the Islamic Republic of Iran. It is, . . . , the understanding of the Islamic Republic of Iran that:
1) Notwithstanding the intended character of the Convention being one of general application and of law making nature, certain of its provisions are merely product of quid pro quo which do not necessarily purport to codify the existing customs or established usage (practice) regarded as having an obligatory character. Therefore, it seems natural and in harmony with article 34 of the 1969 Vienna Convention on the Law of Treaties, that only states parties to the Law of the Sea Convention shall be entitled to benefit from the contractual rights created therein.
The above considerations pertain specifically (but not exclusively) to the following:
-- The right of Transit passage through straits used for international navigation (Part III, Section 2, article 38).
-- The notion of "Exclusive Economic Zone" (Part V). - All matters regarding the International Seabed Area and the Concept of "Common Heritage of mankind" (Part XI).
2) In the light of customary international law, the provisions of article 21, read in association with article 19 (on the Meaning of Innocent Passage) and article 25 (on the Rights of Protection of the Coastal States), recognize (though implicitly) the rights of the Coastal States to take measures to safeguard their security interests including the adoption of laws and regulations regarding, inter alia , the requirements of prior authorization for warships willing to exercise the right of innocent passage through the territorial sea.
3) The right referred to in article 125 regarding access to and from the sea and freedom of transit of Land-locked States is one which is derived from mutual agreement of States concerned based on the principle of reciprocity.
4) The provisions of article 70, regarding "Right of States with Special Geographical Characteristics" are without prejudice to the exclusive right of the Coastal States of enclosed and semi-enclosed maritime regions (such as the Persian Gulf and the Sea of Oman) with large population predominantly dependent upon relatively poor stocks of living resources of the same regions.
5) Islets situated in enclosed and semi-enclosed seas which potentially can sustain human habitation or economic life of their own, but due to climatic conditions, resource restriction or other limitations, have not yet been put to development, fall within the provisions of paragraph 2 of article 121 concerning "Regime of Islands", and have, therefore, full effect in boundary delimitation of various maritime zones of the interested Coastal States.
Furthermore, with regard to "Compulsory Procedures Entailing Binding Decisions" the Government of the Islamic Republic of Iran, while fully endorsing the Concept of settlement of all international disputes by peaceful means, and recognizing the necessity and desirability of settling, in an atmosphere of mutual understanding and cooperation, issues relating to the interpretation and application of the Convention on the Law of the Sea, at this time will not pronounce on the choice of procedures pursuant to articles 287 and 298 and reserves its positions to be declared in due time."

Upon signature
Reservations:
(a) Article 4: With respect to the phrase "the Coastal State may not impede the laying or maintenance of submarine cables or pipe-lines on the continental shelf", the Iranian Government reserves its right to allow or not to allow the laying or main- tenance of submarine cables or pipe-lines on its continental shelf.
(b) Article 6: With respect to the phrase "and unless another boundary line is justified by special circumstances" included in paragraphs 1 and 2 of this article, the Iranian Government accepts this phrase on the understanding that one method of determining the boundary line in special circumstances would be that of measurement from the high water mark."

Upon signature:

Reservations:

Article 2: With respect to the words "no State may validly purport to subject any part of them to its sovereignty", it shall be understood that this prohibition does not apply to the continental shelf, which is governed by article 2 of the Convention on the Continental Shelf.
Articles 2, 3 and 4: The Iranian Government maintains the objection on the ground of excess of competence, expressed by its delegation at the twelfth plenary meeting of the Conference on the Law of the Sea on 24 April 1958, to the articles recommended by the Fifth Committee of the Conference and incorporated in the afore-mentioned articles of the Convention on the High Seas. The Iranian Government accordingly reserves all rights regarding the contents of these articles in so far as they relate to countries having no sea coast.
Article 2(3)–article 26, paragraphs 1 and 2: Application of the provisions of these articles relating to the laying of submarine cables and pipelines shall be subject to the authorization of the coastal State, in so far as the continental shelf is concerned.

Upon signature:

Reservation:

Article 14 : The Iranian Government maintains the objection on the ground of excess of competence, expressed by its delegation at the twelfth plenary meeting of the Conference on the Law of the Sea on 24 April 1958, to the articles recommended by the Fifth Committee of the Conference and incorporated in part in article 14 of this Convention. The Iranian Government accordingly reserves all rights regarding the contents of this article in so far as it relates to countries having no sea coast.