U.S. Officials Conclude Iran Deal Violates Federal Law

By James Rosen. Some senior U.S. officials involved in the implementation of the Iran nuclear deal have privately concluded that a key sanctions relief provision – a concession to Iran that will open the doors to tens of billions of dollars in U.S.-backed commerce with the Islamic regime – conflicts with existing federal statutes and cannot be implemented without violating those laws, Fox News has learned.

At issue is a passage tucked away in ancillary paperwork attached to the Joint Comprehensive Plan of Action, or JCPOA, as the Iran nuclear deal is formally known. Specifically, Section 5.1.2 of Annex II provides that in exchange for Iranian compliance with the terms of the deal, the U.S. “shall…license non-U.S. entities that are owned or controlled by a U.S. person to engage in activities with Iran that are consistent with this JCPOA.”

In short, this means that foreign subsidiaries of U.S. parent companies will, under certain conditions, be allowed to do business with Iran. The problem is that the Iran Threat Reduction and Syria Human Rights Act (ITRA), signed into law by President Obama in August 2012, was explicit in closing the so-called “foreign sub” loophole.

Indeed, ITRA also stipulated, in Section 218, that when it comes to doing business with Iran, foreign subsidiaries of U.S. parent firms shall in all cases be treated exactly the same as U.S. firms: namely, what is prohibited for U.S. parent firms has to be prohibited for foreign subsidiaries, and what is allowed for foreign subsidiaries has to be allowed for U.S. parent firms.

What’s more, ITRA contains language, in Section 605, requiring that the terms spelled out in Section 218 shall remain in effect until the president of the United States certifies two things to Congress: first, that Iran has been removed from the State Department’s list of nations that sponsor terrorism, and second, that Iran has ceased the pursuit, acquisition, and development of weapons of mass destruction. (Read more from “U.S. Officials Conclude Iran Deal Violates Federal Law” HERE)

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Report: U.S. Officials Admit Nuclear Deal With Iran Violates Federal Law

By TheTower.org Staff. Some U.S. government officials have privately acknowledged that a key provision of the nuclear deal with Iran violates existing federal law, James Rosen of Fox News reported today . . .

According to ITRA, foreign subsidiaries of American companies are forbidden from doing business with Iran until the President confirms that Iran has been removed from State Department’s list of state sponsors of terrorism and has “ceased the pursuit, acquisition, and development of weapons of mass destruction.” Iran is still on the terror sponsors list, as it has been since 1984. The Iran Nuclear Agreement Review Act, which passed the Senate 98-1 and was signed into law in May, also stipulated that Iran’s continued listing as a state sponsor of terror means that the requirements have not been met for Iran to receive the sanctions relief required by the JCPOA.

Since the nuclear deal is an executive agreement rather than a treaty, Rosen wrote, “legal analysts inside and outside of the Obama administration have concluded that the JCPOA is vulnerable to challenge in the courts, where federal case law had held that U.S. statutes trump executive agreements in force of law.” (Read more from “Report: U.S. Officials Admit Nuclear Deal With Iran Violates Federal Law” HERE)

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