A/HRC/40/24 on the Islamic Republic of Iran. The Secretary-General affirmed that issues not directly related to the Joint Comprehensive Plan of Action should be addressed without prejudice to preserving the agreement and its accomplishments. 47 Humanitarian exemptions under sanctions 24. On 16 July 2018, the Islamic Republic of Iran instituted proceedings against the United States before the International Court of Justice invoking an alleged violation of the Treaty of Amity, Economic Relations and Consular Rights concluded between the two States in 1955. 48 On 3 October 2018, the Court indicated provisional measures pending further proceedings in the case and its final decision. 49 The Court ordered the United States to remove any impediments arising from the measures announced on 8 May 2018 that may entail irreparable consequences for human life and health, specifically, impediments to the exportation to the Islamic Republic of Iran of: (a) medicines and medical devices; (b) foodstuffs and agricultural commodities; and (c) spare parts, equipment and associated services necessary for the safety of civil aviation. 50 The Court also instructed both States to refrain from any further actions that might aggravate their dispute before the Court. The United States subsequently announced that it was terminating the 1955 Treaty of Amity. 51 Following the normal course of proceedings, the Court fixed the time limits for the filing of written observations by the two States. 52 The subsequent procedure has been reserved for further decision of the Court. 25. On 3 October 2018, the United States Secretary of State announced that “existing exceptions, authorizations, and licensing policies for humanitarian-related transactions and safety of flight will remain in effect”.53 The Department of the Treasury issued guidance on humanitarian assistance and related exports to the Iranian people, 54 including for thirdcountry financial institutions. It is stated in the guidance that sanctions will be imposed on transactions with any Iranian individual or entity on the Department of the Treasury’s list of Specially Designated Nationals. In practice, however, humanitarian-related transactions prove difficult. According to reports,55 companies exporting medical supplies to the Islamic Republic of Iran face the dual challenge of accessing non-sanctioned banking services and shortages of foreign currency in the Islamic Republic of Iran, which limit the possibility of payments to foreign companies. 26. In his statement published on 22 August 2018, the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights noted, in relation to the Islamic Republic of Iran, that “the current system creates doubt and ambiguity which makes it all but impossible for Iran to import these urgently needed humanitarian goods. This ambiguity causes a ‘chilling effect’ which is likely to lead to silent deaths in hospitals as medicines run out, while the international media fail to notice.”56 27. Following a declaration by United States officials 57 that the Society for Worldwide Interbank Financial Telecommunication (SWIFT) could be subject to sanctions, SWIFT indicated its decision to suspend a number of Iranian banks. 58 Non-sanctioned Iranian 47 48 49 50 51 52 53 54 55 56 57 58 See www.un.org/sg/en/content/sg/statement/2018-05-08/statement-secretary-general-jointcomprehensive-plan-action-jcpoa. See www.icj-cij.org/files/case-related/175/175-20181003-PRE-01-00-EN.pdf. See www.icj-cij.org/files/case-related/175/175-20181003-PRE-01-00-EN.pdf and www.icjcij.org/files/case-related/175/175-20181003-ORD-01-00-EN.pdf. Ibid. See www.state.gov/secretary/remarks/2018/10/286417.htm. See www.icj-cij.org/files/case-related/175/175-20181016-PRE-01-00-EN.pdf and www.icjcij.org/files/case-related/175/175-20181010-ORD-01-00-EN.pdf. See www.state.gov/secretary/remarks/2018/10/286417.htm. See www.treasury.gov/resource-center/sanctions/Programs/Documents/hum_exp_iran.pdf. See www.ecfr.eu/article/commentary_iran_the_case_for_protecting_humanitarian_trade. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23469&LangID=E. See www.state.gov/secretary/remarks/2018/11/287090.htm. See www.swift.com/about-us/legal/compliance/swift-and-sanctions#Statements. 7