JCPOA de-certification an ‘internal US process’, says EU
President Trump’s decision not to certify Iranian compliance with the terms of the Joint Comprehensive Plan of Action (‘JCPOA’) should be seen ‘in the context of an internal US process,’ according to a statement by the EU Foreign Affairs Council made on 16 October, in which it also encouraged the United States to ‘maintain its commitment to the JCPOA and to consider the implications for the security of the US, its partners and the region before taking further steps,’ and reiterated the need to address regional tensions, and concerns related to ballistic missiles ‘outside the JCPOA, in the relevant formats and fora’.
The Council said: ‘The EU stands ready to actively promote and support initiatives to ensure a more stable, peaceful and secure regional environment,’ and that, ‘at a time of acute nuclear threat the EU is determined to preserve the JCPOA as a key pillar of the international non-proliferation architecture.’
Numerous commentators have suggested that the weakening of the JCPOA would reduce the chances of a diplomatic solution to North Korea’s military nuclear ambitions.
President Trump declined to re-certify Iran’s compliance with the JCPOA on 13 October. The matter now passes to Congress, which has a 60-day review period in which to decide whether to re-impose US sectoral sanctions.
‘We cannot afford as the international community to dismantle a nuclear agreement that is working,’ EU foreign policy chief Federica Mogherini told reporters following Trump’s announcement.
‘This deal is not a bilateral agreement …The international community, and the European Union with it, has clearly indicated that the deal is, and will, continue to be in place.’
Congressmen Bob Corker and Tom Cotton are reportedly preparing to introduce legislation that would automatically re-impose US sanctions in the event of a violation of the deal. Trump said in his speech that he would support efforts by Congress ‘to strengthen enforcement, prevent Iran from developing … an intercontinental ballistic missile, and make all restrictions of Iran’s nuclear activity permanent under US law.’
If Congress fails to act, Trump has threatened to pull out of the deal altogether: ‘[I]n the event we are not able to reach a solution working with Congress and our allies, then the agreement will be terminated. It is under continuous review, and our participation can be cancelled by me, as President, at any time.’
Doubt has been cast on whether the US can unilaterally cancel the 2015 accord, which was brokered between Iran and the P5+1; i.e., the five permanent members of the UN Security Council – China, France, Russia, the UK, US – plus Germany, and the EU.
Leaders of the UK, France and Germany, Theresa May, Angela Merkel and Emmanuel Macron issued a joint statement expressing their concern and affirming commitment to the deal.
Since the JCPOA came into force the International Atomic Energy Agency has verified Iran’s continued compliance with the accord eight times.
In a parallel action, the US Department of the Treasury’s Office of Foreign Assets Control (‘OFAC’) issued further sanctions against Iran’s Islamic Revolutionary Guard Corps (‘IRGC’) because of its support for terrorist groups. The corps is already on the Specially Designated Nationals And Blocked Persons List (‘SDN List’) because of non-proliferation and human rights concerns.
Information on OFAC’s designation can be found here:
https://www.treasury.gov/press-center/press-releases/Pages/sm0177.aspx
President Trump’s speech can be found here:
https://www.whitehouse.gov/the-press-office/2017/10/13/remarks-president-trump-iran-strategy
