A/HRC/43/20
specifically, that they might endanger human life and health. The Court ordered the United
States, inter alia, to remove measures that impeded exportation to the Islamic Republic of
Iran of (i) medicines and medical devices; (ii) foodstuffs and agricultural commodities; and
(iii) equipment and services for the safety of civil aviation. Furthermore, the Court ordered
both States to refrain from any action which might aggravate or extend the dispute before
the Court or make it more difficult to resolve. Proceedings in this case were ongoing as at
November 2019.120
54.
Since November 2018, the United States has maintained that existing exceptions,
authorizations, and licensing policies for humanitarian-related transactions and safety of
flight would remain in effect under the applicable sanctions regime. 121 The complex
regulatory process and due diligence requirements, limited access to non-sanctioned
banking services and shortages of foreign currency have combined to limit the possibility of
payments to foreign companies, including for humanitarian transactions.122 The private
sector has demonstrated overcompliance,123 to avoid potential penalties, reputational
damage and liability associated with conducting business with the Islamic Republic of Iran.
For most banks, even licensed humanitarian organizations would not generate sufficient
profit to justify the risks of engagement with the country.
55.
The designation, in September 2019, of the Central Bank of the Islamic Republic of
Iran124 on the Specially Designated Nationals and Blocked Persons List of the United States
Treasury, for financing of foreign groups, blocked in practice the only entity able to provide
the foreign currency needed to import humanitarian items. In parallel, United States
officials announced the establishment of a humanitarian channel in exchange for a
commitment by banks to enhance their due diligence.125 The requirements imposed on
financial institutions for information on customers and intermediaries, as well as for
monthly statements of correspondents’ accounts,126 raise concerns that banks will either be
reluctant to provide the required information or may be unable to do so. 127 According to
experts, the measure may further obstruct the ability to purchase food and medicine. 128
56.
The Secretary-General remains concerned that banking restrictions hamper United
Nations and humanitarian operations in the Islamic Republic of Iran. The Iranian Red
Crescent Society confirmed129 that it had been unable to receive overseas donor funding 130
or funding from the International Federation of Red Cross and Red Crescent Societies,131
including 3 million euros of pledged cash assistance.132 The impact was particularly visible
in the context of the March 2019 floods, 133 which left 10 million people dependent on
120
121
122
123
124
125
126
127
128
129
130
131
132
133
See www.icj-cij.org/files/case-related/164/164-20190213-SUM-01-00-EN.pdf; and www.icjcij.org/files/case-related/164/164-20190215-PRE-01-00-EN.pdf.
See www.state.gov/remarks-to-the-media-3/.
See www.bourseandbazaar.com/news-1/2019/10/29/us-sanctions-threaten-iranians-right-to-healthhrw.
See www.ipinst.org/wp-content/uploads/2019/06/1906_Sanctions-and-Humanitarian-Action.pdf.
See https://home.treasury.gov/news/press-releases/sm780.
See https://home.treasury.gov/news/press-releases/sm804.
See www.hrw.org/report/2019/10/29/maximum-pressure/us-economic-sanctions-harm-iranians-righthealth.
See www.al-monitor.com/pulse/originals/2019/10/sanctions-us-treasury-inhibit-humanitarian-aidiran.html; and www.france24.com/en/20191025-us-seeks-data-on-iran-humanitarian-sales.
See www.al-monitor.com/pulse/originals/2019/10/sanctions-us-treasury-inhibit-humanitarian-aidiran.html; https://twitter.com/richardmnephew/status/1187745702585274368?s=11; and
https://twitter.com/brianoftoole/status/1187744432864579584?s=11.
See https://mehrnews.com/news/4671262/ (in Farsi).
See www.reuters.com/article/us-iran-floods-redcrescent/flood-hit-iran-getting-no-financial-aid-fromabroad-due-to-u-s-sanctions-statement-idUSKCN1RJ0GY; and www.voanews.com/middleeast/iranian-red-crescent-flood-hit-iran-getting-no-financial-aid-abroad-due-us-sanctions.
See https://isna.ir/news/98011002883/ (in Farsi).
See www.irna.ir/news/83393339/ (in Farsi).
See www.swissinfo.ch/eng/reuters/president-rouhani-inspects-flood-damage-in-northerniran/44855208.
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