DECREE NO. 6,045, OF February 21, 2007.

Disposes on the execution in the National Territory of Resolution no 1,737, December 23, 2006, of the Security Council of the United Nations, to which, among other provisions, it prohibits the transfer of any items, materials, equipment, goods and technology that may contribute to activities carried out by the Islamic Republic of Iran relating to enrichment, reprocessing, and heavy water projects, as well as for the development of nuclear weapons vectors, and establishes the freezing of funds, financial assets and economic resources of individuals and entities.

The PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, incisus IV, of the Constitution, in accordance with article 25 of the Charter of the United Nations, promulgated by the Decree no 19,841, of October 22, 1945, and

Considering the adoption by the United Nations Security Council, of the Resolution no 1,737 of December 23, 2006, which, among other arrangements, prohibits, in paragraphs operatives 3rd, 4th and 12th, the transfer of any items, materials, equipment, goods and technology that can contribute to activities carried out by the Islamic Republic of Iran relating to enrichment, reprocessing and to projects of heavy water, as well as for the development of nuclear weapons vectors, and establishes the freezing of funds, financial assets and economic resources of individuals and entities involved in the Iranian nuclear program;

DECRETA:

Art. 1st Ficam the Brazilian authorities obliged, within the framework of their respective assignments, to comply with the provisions of the Resolution in the 1,737 (2006) adopted by the United Nations Security Council, on December 23, 2006, appends to this Decree.

Art. 2nd This Decree goes into effect on the date of its publication.

Brasilia, February 21, 2007; 186th of the Independence and 119th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

This text does not replace the one published in the DOU of 2/22/2007.

The Security Council,

Recording the presidential statement S/PRST/2006/15, of March 29, 2006, and its Resolution 1696 (2006) of July 31, 2006,

Reaffirming its commitment to the Treaty on the Non-Proliferation of Nuclear Weapons, and recalling the right of States Parties, in concordance with Articles I and II of such a Treaty, to develop research, production and use of nuclear energy for peaceful purposes, without discrimination,

Reiterating its serious concern as to the various reports of the IAEA Director-General and the resolutions of the IAEA Board of Governors concerning Iran's nuclear program, sent to this Council by the Director General of the IAEA, including Junta's Resolution GOV/2006/14,

Reiterating its serious concern as to the fact that the IAEA Director General's report of February 27, 2006 (GOV/2006/27) lists a number of outstanding issues and concerns about Iran's nuclear program, including issues that could have a military nuclear dimension, and how much to the fact that the IAEA has not been able to come to the conclusion that there are no undeclared nuclear materials or activities in the Iran,

Reiterating its serious concern as to the IAEA Director General's 28 report of april 2006 (GOV/2006/15) and its conclusions, in particular that after more than three years of efforts on the part of the Agency with a view to clarifying all aspects of Iran's nuclear program, existing uncertainties continue to raise concern, and that the IAEA has not been able to progress in its efforts for the provision of guarantees regarding the non-existence of undeclared nuclear materials and activities in Iran,

Observing with serious concern that, as confirmed by the reports of the IAEA Director General of June 8, 2006 (GOV/2006/38), August 31, 2006 (GOV/2006/53) and November 14, 2006 (GOV/2006/64), Iran has not demonstrated that they have been suspended in a full and sustained manner all activities related to enrichment and reprocessing, as per the provisions of Resolution 1696 (2006), nor did it either resume its cooperation with the IAEA in accordance with the Additional Protocol, nor did it adopt the measures required by the IAEA Board of Governors, or complied with the provisions of Resolution 1696 (2006) of the Security Council, which are essential to generate trust, and deploring the Iranian refusal to adopt such measures,

Underlining the importance of political and diplomatic efforts in the search for a negotiated solution that ensures that the Iranian nuclear program is destined exclusively for pacific purposes, and noting that such a solution would benefit nuclear non-proliferation elsewhere, and hailing the continued commitment of Germany, China, the United States, France, the Russian Federation and the United Kingdom, with the respalate of the Upper Representative of the European Union, with the search for a negotiated solution,

Determined to make effective its decisions, adopting the appropriate measures to persuade Iran to act in accordance with the provisions of Resolution 1696 (2006), and with the IAEA's demands, as also to prevent Iran from developing sensitive technologies in support of its nuclear and Artistic Programs, until the time the Security Council determines that the objectives of this Resolution have been achieved.

Concers about the proliferation risks offered by the Iranian nuclear program, and, in that context, by the fact that Iran follows by unfulfilling the requirements of the IAEA Board of Governors and the devices of Security Council Resolution 1696 (2006), and aware of its paramount responsibility, in accordance with the Charter of the United Nations, for the maintenance of international peace and security,

Acting to the amparo of the Article 41 of Chapter VII of the Charter of the United Nations,

1. It states that Iran should adopt, without further delay, the measures required by the IAEA Board of Governors in its GOV/2006/14 Resolution, which are essential to engender confidence in the uniquely peaceful purposes of its nuclear program and resolve outstanding issues;

2. It decides, in that context, that Iran should suspend, without further delay, the following potentially proliferating nuclear activities:

(a) all activities related to enrichment and reprocessing, including its research and development, under verification by the IAEA; and

(b) all work on projects related to heavy water, also under IAEA verification;

3. It decides that all States should take the necessary measures to prevent the supply, sale or transfer in a direct or indirect manner from their territories, or by their nationals or by ships or aircraft operating under their flag, towards Iran, or for the use or charitable of Iran, and that it be proceeded or not of its territory, of all the items, materials, equipment, goods and technologies that may contribute to Iran's activities related to the enrichment, reprocessing or heavy water or the development of nuclear-weapon vector systems, namely:

(a) those enumerated in sections B. 2, B. 3, B. 4, B. 5, B. 6 and B. 7 of circular INFCIRC/254/Rev. 8 / Part 1, which appears in document S/2006/814;

(b) those enumerated in sections A. 1 and B. 1 of the circular INFCIRC/254/Rev. 8 / Part 1, which appears in the S/2006/814 document, to the exception of the supply, sale or transfer of:

(i) equipment mentioned in B. 1 when these are used for light-water reactors;

(ii) uranium lightly enriched, as mentioned in A. 1.2, when incorporated into elaborated combustible elements for such reactors;

(c) those enumerated in the S/2006/815 document, to the exception of the supply, sale or transfer of the items listed in item 19.A. 3 of Category II;

(d) any items, materials, equipment, goods, and technologies that come to be determined, case necessary, by the Security Council or by the Committee established by paragraph 18 below (henceforth?The Committee?), and which could contribute to the activities related to enrichment, reprocessing, or heavy water, or to the development of nuclear weapons vector systems;

4. It decides that all States should take the necessary measures to prevent the supply, sale or transfer in a direct or indirect manner from their territories, or by their nationals or by ships or aircraft operating under their flag, towards Iran, or for the use or charitable of Iran, and which are proceeded or not of its territory, of the following items, materials, equipment, goods, and technologies:

(a) enumerated in the circular INFCIRC/254/Rev. 7/ Part 2, which appears in the S/2006/814 document, should the State determine that can contribute to activities related to enrichment, reprocessing, or heavy water;

(b) any items not mentioned in the S/2006/814 or S/2006/815 documents, should the state determine that they can contribute to activities related to enrichment, reprocessing or heavy water;

(c) any other items, should the State determine that may contribute to the undertaking of activities related to other matters regarding which the IAEA has expressed concern or identified as outstanding;

5. Decides that, in order to proceed to the supply, sale or transfer of all items, materials, equipment, goods, and technologies listed in the S/2006/814 and S/2006/815 documents whose export to Iran is not prohibited by sub-paragraphs 3 (b), 3 (c) or 4 (a) above, States shall ensure that:

(a) the requirements of the guidelines outlined in the S/2006/814 or /2006/815 documents have been complied with, as appropriate; and

(b) hajam obtained and are in a condition to exercise the right to check the use and location of the final use of any items provided; and

(c) notify the Committee on a ten-day deadline from the date of the supply, sale or transfer; and

(d) in the case of items, materials, equipment, goods, and technologies listed in the document S/2006/814, also notify the IAEA within a period of up to ten days from the date of the supply, sale or transfer;

6. It decides that all States should take the necessary measures to prevent the supply to Iran of any assistance or technical training, financial assistance, investment, intermediation or other services, as well as the transfer of financial resources or services, related to the supply, sale, transfer, production or use of the items, materials, equipment, goods, and technologies described by paragraphs 3 and 4 above;

7. It decides that Iran will not export any of the items mentioned in the S/2006/814 and S/2006/815 documents, and that all Member States should prohibit the acquisition of such items from Iran by their nationals, or by using vessels and or aircraft operating under your flag, proceeded or not from the territory of Iran;

8. It decides that Iran should facilitate access and cooperation that come to be requested by the IAEA in such a way as to be able to verify the suspension of the activities described in paragraph 2 and to resolve all outstanding issues as identified in the reports from the IAEA, and calls on Iran to ratify the Additional Protocol;

9. Decides that the measures imposed by paragraphs 3, 4 and 6 above should not be applied in cases where the Committee determines beforehand and in case of the case that the supply, sale, transfer, or access to the items or assistance in question clearly would not contribute to the development of technologies by Iran in support of the potentially proliferating nuclear activities and the development of nuclear-weapon vector systems, including in cases where such items or assistance are for food, agricultural, medical, or other humanitarian purposes, provided that:

(a) the contracts for delivery of such items or assistance include proper end-user guarantees; and

(b.) Iran has committed itself to not utilizing such items in potentially proliferating nuclear activities or for the development of vector systems for nuclear weapons;

10. Calls on all states to remain vigilant with respect to entry into their territories, or transit by the same, from individuals who detour, be directly linked or provide aid to nuclear activities potentially proliferating in Iran or related to the development of nuclear weapons vector systems, and decides, in that respect, that all States should notify the Committee regarding the entry or transit by their territories of the designated persons in the Annex to this Resolution (henceforth?), as well as from other persons designated by the Security Council or by the Committee who dedicate themselves or are directly associated with or provide aid to the nuclear activities potentially proliferating in Iran or for the development of nuclear-weapon vector systems, including upon their participation in the acquisition of items, goods, equipment, materials, and prohibited technologies as per the provisions of paragraphs 3 and 4 above, saved in cases where the trip is aimed at activities related to the items mentioned in points (i) and (ii) of subparagraph 3 (b) above;

11. Underlines that none of the devices provided for in the preceding paragraph may compel a State to prevent the ingress of its nationals into its territory, and that all States shall, by applying the provisions of the preceding paragraph, take in consideration of humanitarian considerations, as well as the need to meet objectives of this Resolution, including in cases where Article XV of the IAEA Statute applies.

12. It decides that all States should immediately freeze the funds, other financial assets and economic resources that find themselves in their territories on the date of adoption of this Resolution, or at any time after that date, and that they are of property or are under the control of persons or entities designated in the Attachment, as well as from other persons or additional entities designated by the Security Council or by the Committee who dedicate themselves or are directly associated or preshas aid to the potentially proliferating nuclear activities in Iran or to the development of nuclear weapons vector systems, or by persons or entities acting on their behalf or under their guidance, or by entities to them owned or under its control, including by illicit means, and that the measures provided for by this paragraph will cease to be applied in the case and at the time that such person or entity is removed from the Annex by the Security Council or by the Committee, and decides also that all States should ensure that any funds, financial assets or economic resources are not made available to or used for the benefit of such persons or entities by their nationals or by persons or entities that find themselves in their territory;

13. Decides that the measures imposed by paragraph 12 above do not apply to funds, other financial assets or economic resources which, in accordance with the one determined by the relevant States,

(a) are required for basic expenses, including feeding payments, rentals or mortgages, medications and medical treatments, tributes, insurance premiums and public service fees, or exclusively for payment of professional fees in reasonable amount and for the reimbursement of haveable expenses associated with the provision of legal services, or for the payment of fees by administration services or ordinary maintenance of funds, other financial assets and frozen economic resources, in accordance with national legislation, after notification to the Committee by relevant States respect of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources, and in the absence of a contrary decision by the Committee within five working days of the date of such notification;

(b) are required for extraordinary expendities, as long as such determination has been notified by the States pertinent to the Committee and approved by this, or;

(c) are subject to judicial, administrative or arbitral warranty decision, in which case the funds, other financial assets and economic resources may be used to comply with such decisions, provided that the said decision has been handed down in date previous to that of this Resolution, which does not benefit any of the persons indicated in paragraphs 10 and 12 above and which has been notified to the Committee by the relevant States.

(d) that are necessary for activities directly related to the items discriminated against in the incisos (i) and (ii) of the subparagraph 3 (b), and which has been notified to the Committee by the relevant States;

14. Decides that States will be able to authorize that they are added to the frozen accounts in accordance with the provisions of paragraph 12 above the interest and other gains related to those accounts or payments due by virtue of contracts, agreements or obligations prior to the date on which the accounts in question have been subject to the devices of this Resolution, provided that such interest, gains and other payments continue to be subject to the provisions and remain frozen;

15. Decides that the measures provided for by paragraph 12 above shall not prevent a designated person or entity from making payments due in accordance with contracts signed prior to the inclusion of the person or entity in question in the list, provided that the Pertinent states determine that:

(a.) the contract is not related to any items, materials, equipment, goods, technologies, assistance, training, financial assistance, investment, intermediation, or services referred to in paragraphs 3 and 4 above;

(b) the payment has not been directly or indirectly received by the people or designated entities mentioned by paragraph 12 above;

and after the notification to the Committee by relevant States about the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets and economic resources for this purpose, ten working days prior to such authorization;

16. Decides that the technical cooperation provided to Iran by the IAEA or under its auspices should be intended solely for food, agricultural, medical, protection or other humanitarian purposes, or, when it is necessary, to projects directly related to the items specified by (i) and (ii) of subparagraph 3 (b) above, and that such technical cooperation should not be provided for the potentially proliferating nuclear activities mentioned in paragraph 2 supra;

17. Calls on all states to exercise vigilance with views to impede the training or specialized teaching of Iranian nationals, within their territory or by their nationals, from disciplines that can contribute to nuclear activities potentially proliferating and for the development of nuclear-weapon vector systems by Iran;

18. It decides to establish, in accordance with article 28 of its interim regulation, a Security Council Committee made up of all its members to perform the following tasks:

(a) seek to obtain from all states, in particular those of the region and those that produce the items, materials, equipment, goods, and technologies described in paragraphs 3 and 4 above, information regarding the actions by them undertaken in such a way as to effectively implement the measures imposed by paragraphs 3, 4, 5, 6, 7, 8, 10 and 12 of this Resolution and any additional information that may be deemed useful in this sense;

(b) seek to obtain from the IAEA Secretariat information regarding the actions taken by the IAEA to effectively implement the measures imposed by paragraph 16 of this Resolution and any additional information that may be deemed useful in that Sense;

(c) examine and take appropriate measures with respect to information about alleged violations of the measures imposed by paragraphs 3, 4, 5, 6, 7, 8, 10 and 12 of this Resolution;

(d) consider and decide on exemption requests provided for by paragraphs 9, 13 and 15 above;

(e) determine, if necessary, other items, materials, equipment, goods, and additional technologies to be specified for the purposes of paragraph 3 above;

(f) designate, case required, additional lists of individuals or entities subject to the measures imposed by paragraphs 10 and 12 above;

(g) promulgate guidelines, if necessary, to facilitate the implementation of the measures imposed by this Resolution and to include in these guidelines requirements to the states to which disclose information, when possible, regarding the reasons why any individuals or entities meet the criteria set out in paragraphs 10 and 12 and any information relevant to their identification;

(h) present, at minimum every ninety days, a report to the Security Council regarding its work and on the implementation of this Resolution, including its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by paragraphs 3, 4, 5, 6, 7, 8, 10, and 12 above;

19. It decides that all States must report to the Committee, within 60 days of the adoption of this Resolution, about the measures they have taken to effectively implement paragraphs 3, 4, 5. 6, 7, 8, 10, 12 and 17 above;

20. Expresses the conviction that the suspension expressed in paragraph 2 above, as well as the complete and verifiable application, by Iran, of the requirements set by the Board of Governors of the IAEA will be able to contribute to a diplomatic and negotiated solution to ensure that the Iranian nuclear program has exclusively peaceful purposes, underlines the willingness of the international community to work positively for such a solution, encourages Iran, in accordance with the provisions set out above, re-establish dialogue with the international community and with the IAEA, and highlights that this engagement will be beneficial to Iran;

21. Welcomes the commitment of Germany, China, the United States, France, the Federation of Russia and the United Kingdom, with the aftermath of the High Representative of the European Union, in the search for a negotiated solution to that issue and encourages Iran to give course to the proposals presented by such countries in June 2006 (S/2006/521), which were endorsed by the Security Council in Resolution 1696 (2006), to achieve a broad and long-term agreement that would allow for the development of relations and cooperation with Iran based on mutual respect and the establishment of international trust in the uniquely peaceful nature of Iran's nuclear program;

22. Reiterates its determination to reinforce the IAEA's authority, strongly supports the role played by the IAEA Board of Governors, praises and encourages the Director General of the IAEA and its Secretariat for its continued impartial and professional efforts to resolve all relevant outstanding issues in Iran, within the IAEA's reference framework, underlines the need for the IAEA to continue working with a view to clarifying all outstanding issues related to the nuclear program of the Iran;

23. Requests that, within 60 days, the IAEA Director General submits a report to the IAEA Board of Governors, and simultaneously to the Security Council for its consideration, in which to indicate whether Iran has demonstrated the full and sustained suspension of all the activities mentioned in this Resolution, as well as whether Iran is complying with all the measures required by the IAEA Board and with the remaining devices of this Resolution;

24. It states that it should examine the actions of Iran in the light of the report mentioned in paragraph 23 above, to be presented in 60 days, and;

(a) that will suspend the implementation of the measures if and for the period in which Iran suspends all activities related to enrichment and reprocessing, inclusive research and development, as verified by the IAEA, in such a way as to enable negotiations;

(b) which will extinguish the application of the measures specified in paragraphs 3, 4, 5, 6, 7, 10 and 12 of this Resolution so ready to determine that Iran has fully complied with its obligations in the framework of the Security Council Resolutions and have met all the requirements of the IAEA Board of Governors, when confirmed by the IAEA Board;

(c) which should, should the report mentioned in paragraph 23 above indicate that Iran has not complied with the provisions of the present Resolution, adopt other appropriate measures in the framework of Article 41 of Chapter VII of the United Nations Charter to persuade Iran to comply with the provisions of this Resolution and the requirements of the IAEA, and underlines that later decisions should be adopted should such additional measures be necessary;

25. It decides to continue to actively occupy the issue.

Attachment

A. Entities involved in the nuclear program

1. Organization of Atomic Energy of Iran

2. Mesbah Electricity Company (supplier of the A40-Arak research reactor)

3. Kala-Electric (also known as Kalaye Electric) (supplier of the pilot plant for fuel enrichment-Natanz)

4. Pars Trash Company (involved in the centrifuge program, identified in the IAEA reports)

5. Farayand Technique (involved in the centrifuge program, identified in the IAEA reports)

6. Organization of Defense Industries (superior entity controlled by the Ministry of Defense and Logistics of the Armed Forces, some of its subordinates participated in the centrifuge program manufacturing components, as well as the program Istic)

7. Seventh of Tir (subordinate of the Defense Industries Organization, whose direct involvement in the nuclear program is widely recognized)

B. Entities involved in the ballistic-missile program

1. Industrial Group Shahid Hemmat (SHIG) (subordinate entity of the Organization of Aerospace Industries-AIO)

2. Industrial Group Shahid Bagheri (SBIG) (subordinate entity of the Organization of Aerospace Industries-AIO)

3. Fajr Industrial Group (formerly?Instrumentation Factory Plant?, subordinate entity of the Organization of Aerospace Industries-AIO)

C. People involved in the nuclear program

1. Mohammad Qannadi, Vice President of Research and Development of the Atomic Energy Organization of Iran

2. Behman Asgarpour, Operational Manager (Arak)

3. Dawood Agha-Jani, Head of the pilot plant for fuel enrichment (Natanz)

4. Ehsan Monajemi, Construction Project Manager, Natanz

5. Jafar Mohammadi, Technical Assessor of the Atomic Energy Organization of Iran (responsible for the administration of the production of valves for centrifuges)

6. Ali Hajinia Leilabadi, Director General of Mesbah Electricity Company

7. Lieutenant General Mohammad Mehdi Nejad Nouri, Rector of the University of Defense Technology Malek Ashtar (department of chemistry, affiliated with the Ministry of Defense and Logistics of the Armed Forces, conducted experiments with beryllium)

D. People involved with the ballistic-missile program

1. General Hosein Salimi, Air Force Commander, Corps of Iran's Revolutionary Guard Corps (Pasdaran)

1. Ahmad Vahid Dastjerdi, Director of the Organization of Aerospace Industries

2. Reza-Gholi Esmaeli, Head of the department of trade and international affairs of the Organization of Aerospace Industries

3. Bahmanyar Morteza Bahmanyar, Head of the department of finance and budget of the Organization of Aerospace Industries

E. People involved in the nuclear program and in the ballistic missile program

1. General-of-Division Yahya Rahim Safavi, Commander of the Corps of Iran's Revolutionary Guard Corps (Pasdaran)