The Impact of International Sanctions as Force Majeure in Commercial Contracts (A Case Study of the Supply Chain of Defense Centers)

Considering the increasing needs of the country’s defense supply chain to use the latest technologies in the field of strengthening the defense forces in the face of advanced threats and also the need to provide part of these requirements from abroad, but the international sanctions imposed against the Islamic Republic of Iran has been one of the challenges in this regard. In order to obtain the required technologies, the supply chain is forced to carry out commercial interactions with foreign countries, and due to the embargo of all industries related to the defense field, it is not possible to do this directly, and it is necessary to use internal intermediaries and contractors. It should be used in this regard that the requirement for this was the conclusion of contracts for the supply of goods and services, and sometimes in these contracts the contractors used the issue of sanctions as a force majeure and unforeseen event to fail to fulfill their obligations. This issue and the examination of the element of force majeure in commercial contracts have adopted appropriate solutions to prevent the occurrence of problems in contracts. The research method was a descriptive-explanatory mixed method with a tool for collecting library information and checking existing contracts. Considering the results obtained and the characteristics of the contracts concluded in the supply chain of the armed forces, such as confidentiality and financial and time limitations in the supply of items, one of the solutions is to prevent the contracts of these collections from entering into long judicial processes by using other levers and tools. It is specified in the law of contracts and the like, which is explained in the text of the research.