Source: Dubai – Arabic.net
It is known that the dispute resolution process takes up to 65 days, except in the event of a unanimous agreement to extend this period.
The process is also undertaken by a joint committee, and it walks in many steps, the most important of which are:
The first step .. a joint committee after a dispute
If any of the parties to the nuclear agreement known as the JCPOA believes that another party is not abiding by its obligations, then it can refer the matter to a joint committee that includes Iran, Russia, China, Germany, France and Britain. And the European Union. And the United States was a member of this committee before it withdrew from the agreement.
And this joint committee will have 15 days to solve the problem unless they unanimously agree to extend this period.
The second step .. no solution
If any of the parties believes that the problem has not been solved after the first step, it can be referred to the foreign ministers of the countries participating in the agreement, and the ministers will also have 15 days to resolve the problem unless they agree to extend this period.
Parallel to, or instead of, the foreign ministers’ consideration of the issue, the complaining party or accused of non-compliance can request consideration by a three-member advisory board, two of whom represent the parties to the conflict and the third is independent.
The advisory board should give a non-binding opinion within 15 days.
The third step .. settling the dispute
If the problem is not resolved during the initial 30-day process, the joint committee will have 5 days to study any opinion submitted by the advisory committee to try to settle the dispute.
The fourth step .. good intentions
If the complaining party is not convinced after it has taken steps, and considers that the matter constitutes a major non-compliance with the agreement, then it can consider the issue that has not been solved as a basis for ending its obligations under this agreement in whole or in part.
The complaining party may also inform the Security Council that this matter represents a significant non-compliance.
This party shall, in its notification, describe the efforts made in good faith until the end of the dispute resolution process undertaken by the Joint Commission.
The fifth step .. notify the Security Council
Once the complaining party notifies the Security Council, the council must vote within 30 days of a decision to continue easing sanctions on Iran.
This decision needs the approval of nine member states without the veto being used by the United States, Russia, China, Britain, or France.
The sixth step .. new sanctions
If this resolution is not adopted within 30 days, the sanctions mentioned in all previous UN resolutions will be reimposed unless the Security Council decides otherwise. If the previous sanctions are reimposed, they will not apply retroactively to contracts signed by Iran.
The strongest step
It is noteworthy that the European countries ’decision to activate the dispute settlement mechanism stipulated in the nuclear agreement with Iran came in the light of Tehran’s continuous violations of the agreement, and it is considered among the strongest steps that these countries have taken to impose the implementation of an agreement that was offered to Iran to reduce sanctions against it in exchange for limiting its nuclear activities.
In return, Iran has said that it could withdraw from the global nuclear Non-Proliferation Treaty if European states refer it to the UN Security Council because of its pledge to reduce its obligations under a nuclear agreement concluded by Tehran with world powers in 2015 and the United States withdrew in 2018.
In turn, US President Donald Trump reimposed US sanctions on Iran after Washington withdrew from the agreement.
Months after announcing a gradual reduction of its obligations under the nuclear deal, Iran said on January 6 that it had removed all restrictions on uranium enrichment activities and added that the Europeans had not guaranteed Iran to obtain economic benefits pledged under the agreement.