Wednesday, December 2, 2015

Eye on Iran: State Department: Iran Deal Is Not 'Legally Binding' and Iran Didn't Sign It





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NRO: "President Obama didn't require Iranian leaders to sign the nuclear deal that his team negotiated with the regime, and the deal is not 'legally binding,' his administration acknowledged in a letter to Representative Mike Pompeo (R., Kan.) obtained by National Review. 'The Joint Comprehensive Plan of Action (JCPOA) is not a treaty or an executive agreement, and is not a signed document,' wrote Julia Frifield, the State Department assistant secretary for legislative affairs, in the November 19 letter. Frifield wrote the letter in response to a letter Pompeo sent Secretary of State John Kerry, in which he observed that the deal the president had submitted to Congress was unsigned and wondered if the administration had given lawmakers the final agreement. Frifield's response emphasizes that Congress did receive the final version of the deal. But by characterizing the JCPOA as a set of 'political commitments' rather than a more formal agreement, it is sure to heighten congressional concerns that Iran might violate the deal's terms. 'The success of the JCPOA will depend not on whether it is legally binding or signed, but rather on the extensive verification measures we have put in place, as well as Iran's understanding that we have the capacity to re-impose - and ramp up - our sanctions if Iran does not meet its commitments,' Frifield wrote to Pompeo." http://t.uani.com/1lXmcds

BuzzFeed: "A new resolution being introduced in the House and Senate on Tuesday seeks to support individual states' ability to maintain their own sanctions against Iran, despite Iran getting sanctions relief as part of the nuclear deal. Many states have their own sanctions against Iran separate from the federal government's sanctions... The fact that many U.S. states maintain their own sanctions against Iran could prove a complicating factor to the deal. The resolution is being introduced in the House of Representatives by Rep. Peter Roskam alongside Reps. Brad Sherman, Mike Pompeo, Ted Deutch, Lee Zeldin and Dan Lipinski. The group includes Democrats and Republicans. A Senate version is being introduced by Sens. Mark Kirk, Joe Manchin, and presidential candidate Marco Rubio; Kirk has been one of the most vociferous critics of the Obama administration's Iran policy. 'State-level sanctions, which were authorized under bipartisan legislation signed into law by President Obama in 2010 and target Iran's illicit non-nuclear activities, in no way contradict the agreement reached by the P5+1 earlier this year,' Roskam said in a statement. 'Nevertheless, we must take precautionary action to clarify Congress's legislative intent to ensure state pension funds and contracts are not used to fund terrorism and atrocities against the Iranian people.'" http://t.uani.com/1TkMwbW

Free Beacon: "A human rights organization claimed on Tuesday that an Iranian-American man had been hanged by the Islamic regime for committing murder in California... 'According to confirmed sources, Iranian authorities carried out the death sentence for Hamid Samiee and another prisoner at Karaj's Rajai Shahr Prison on Wednesday November 4,' Iran Human Rights, a nonprofit organization that claims to have sources within Iran, disclosed on Tuesday. 'Samiee, reportedly accused of committing an act of murder in California, was arrested by Iranian authorities upon his return to Iran,' according to the organization's report. 'He was sentenced to death by Branch 71 of Tehran's Criminal Court for the murder of an Iranian man identified as Behrouz Janmohammadi.' ... A State Department official told the Washington Free Beacon Tuesday afternoon that Samiei is a dual citizen and that it is looking into the reports on his hanging. 'We are aware of reports of the execution in Iran of a dual citizen, Mr. Hamid Samiei,' said the State Department official, who was not authorized to speak on record. 'We do not yet have official confirmation of his death and are seeking more information.' The State Department has been aware of Samiei's plight since late October, the source said. 'This case was brought to our attention on October 28, immediately after the Foreign Interests Section at the Swiss Embassy in Tehran was notified of Mr. Samiei's impending execution,' the official said. 'We are not aware of any notification to the Department of State or the Swiss Foreign Interests Section of Mr. Samiei's arrest, sentencing, or imprisonment prior to October 28. Iran does not recognize dual nationality.'" http://t.uani.com/1NHuEd8

Nuclear Program & Agreement

AP: "The UN atomic agency is set to issue its final report on allegations that Iran worked in the past on nuclear arms - a summary that will likely be inconclusive. The report, expected later Wednesday, is significant because it is linked to the lifting of sanctions on Tehran over its nuclear program. Yukiya Amano, the head of the UN's International Atomic Energy Agency, has already said that his report won't be 'black and white.' But he must present a final report that says Iran has met all deadlines in supplying information requested by the IAEA for the agency's 35-nation board to approve closure of the nearly decade-long investigation." http://t.uani.com/1l7CKiE

Sanctions Relief

WSJ: "Iran's energy industry is plagued by a host of challenges-from leaking pipelines to skeptical western oil investors-as it attempts to throttle up crude output next year when western sanctions are expected to be lifted. Iran's aging infrastructure is in disrepair after several years without the expertise of the world's largest oil companies, western and Iranian officials say. The country is likely to be selling as much as 500,000 new barrels of oil into an already saturated market for crude exports, setting up logistical hurdles. And the Islamic Republic is more divided politically over the return of western companies than expected, western executives say. Oil industry officials who attended an energy conference in Tehran last week said it wasn't clear if Iran could carry through on plans to double production over the next few years. 'I doubt Iran's oil industry has the capacity to absorb the required investments,' said a European oil executive. 'They may be overstretching themselves.' ... Ali Kardor, the investment chief at state-run National Iranian Oil Co, said Swiss trader Glencore PLC was demanding the ability to sell Iranian oil to any buyer. Instead, Tehran wants to control its European and African destinations, Mr. Kardor said in an interview. A spokesman for Glencore declined to comment... When Iran recently conducted a test to see if its infrastructure could cope with a sudden increase, 'there was some leaking of pipelines,' Iran's oil minister Bijan Zanganeh said in response to a question from The Wall Street Journal." http://t.uani.com/1l7ATKX

IRNA (Iran): "Representative of the Croatian oil firm INA said convention of the Iran Petroleum Contract (IPC) Conference in Tehran on November 28-29 was a new and positive move by the National Iranian Oil Company (NIOC) toward international companies. 'My feeling is that the conference is desirable progress and demonstrates the new approach of the NIOC toward foreign investors,' Branimir Kesic told Shana on the sidelines of the event. He said the Croatian company is interested in taking part in Iran's energy projects adding, 'It is highly likely that INA will invest in exploration and production of oil and gas in Iran.'" http://t.uani.com/1lvHPkr

Shana (Iran): "The French energy industry company Technip said it is hopeful to have a strong partnership in Iran's new oil development projects. 'Technip had successful projects in Iran. We hope to continue our activities after betterment of international conditions,' the firm's regional director, Shahram Motevaselian told Shana on the sidelines of the Iran Petroleum Contract (IPC) Conference in Tehran. 'The conference achieved introducing new investment opportunities in Iran,' he added." http://t.uani.com/1IEwtA1

Sanctions Enforcement

Free Beacon: "Members of Congress expressed Tuesday their full support for U.S. states to continue imposing sanctions on Iran due to its support for terrorism, violation of human rights, and other rogue activities, according to a new congressional measure obtained by the Washington Free Beacon. As the Obama administration begins to lift sanctions on Iran under the parameters of the nuclear agreement, the lawmakers are urging state and local governments to keep the pressure on Iran. The bipartisan measure is backed by key lawmakers in both the House and Senate and maintains that U.S. law authorizes state and local governments to enact sanctions on Iran and those that do business with the Islamic Republic. The resolution comes amid a debate over whether states have the right to continue imposing sanctions on Iran... Iranian officials have maintained that any new U.S. sanctions would be a dealbreaker and force the country to walk away from the agreement. The measure states that the nuclear agreement, known as the Joint Comprehensive Plan of Action, does not impact the legal authority of states and local government to level sanctions on Iran for its terrorism-related activities and human rights violations, according to a copy of the measure shared with the Free Beacon... 'With this bipartisan measure, Congress stands with the 30 states and the District of Columbia that have imposed sanctions against Iran's threatening behavior,' Sen. Mark Kirk (R., Ill.), a leading supporter of Iran sanctions, told the Free Beacon. 'As the Iran nuclear deal hands over more than $100 billion to the world's biggest state sponsor of terrorism, it's critical for the United States to do all it can to prevent Iran from escalating its support for terrorism, militancy, and human rights abuses in the Middle East and beyond,' said Kirk, who is sponsoring the resolution in the Senate with Sens. Joe Manchin (D., W. Va.) and Marco Rubio (R., Fla.)." http://t.uani.com/1XH4Tc9

Iraq Crisis

Reuters: "Powerful Iraqi Shi'ite Muslim armed groups on Tuesday pledged to fight any U.S. forces deployed in the country after the United States said it was sending an elite special unit to help combat Islamic State. Defense Secretary Ash Carter offered few details on the new 'expeditionary' group, but said it would be larger than the roughly 50 U.S. special operations troops being sent to Syria to fight the ultra-hardline Sunni militants there. A U.S. defense official, speaking on condition of anonymity, said the new force will be based in Iraq. 'We will chase and fight any American force deployed in Iraq,' said Jafaar Hussaini, a spokesman for one of the Shi'ite armed groups, Kata'ib Hezbollah. 'Any such American force will become a primary target for our group. We fought them before and we are ready to resume fighting.' Spokesmen for the Iranian-backed Badr Organisation and Asaib Ahl al-Haq made similar statements to Reuters, expressing their distrust of American forces since the 2003 U.S.-led invasion that toppled Saddam Hussein and the subsequent occupation." http://t.uani.com/21v3Fp9

AP: "Millions of pilgrims gathered in Iraq's holy city of Karbala amid tight security on Wednesday to mark Arbaeen, the annual commemoration of the end of the 40-day mourning period after the seventh century martyrdom of a central figure in Shiite Islam... Iraqi officials said security was increased this year, with operations coordinated between the Interior Ministry, Shiite militias and Iranian advisers. The Islamic State group has repeatedly targeted Iraq's Shiite majority, viewing them as apostates deserving of death... A special task force of Shiite militiamen has been deployed to Karbala to provide extra security, said Hashim al-Musawi, a spokesman for the umbrella group of militias known as the Popular Mobilization Forces. He said Iranian advisers are also on hand to coordinate security. 'We have a joint operations room,' al-Musawi said. 'It enables the Iranian advisers who have expertise in the field of security to help protect the visitors.'" http://t.uani.com/1TkEAHD

Human Rights

AP: "The State Department says it is seeking information about the fate of a dual Iranian-American citizen who was reportedly sentenced to death in Iran and executed last month. Spokesman Mark Toner said Tuesday the department learned of the arrest and sentencing of Hamid Samiee in late October and had asked Iranian authorities through the Swiss embassy in Tehran to stay the execution. Toner said the department was still looking for information about the case and could not confirm that the execution had been carried out as reported by Iran Human Rights, an Oslo, Norway-based organization. The group said Samiee had been arrested in Iran in 2008 and was executed by hanging on November 4 for allegedly killing an Iranian man in California. Details of that incident were not immediately clear." http://t.uani.com/1PvnjO0

RFE/RL: "A well-known Iranian poet and songwriter has been arrested in Tehran for reasons that remain unclear. Forty-year-old Yaghma Golruyi was detained at his home in the Iranian capital on November 30, his wife, Athena Habibi, said via social media. Habibi said security agents took her husband to an 'unknown location.' 'So far we don't have any news about him and we're deeply worried about his health,' Habibi wrote on her Instagram account on December 1. Iranian authorities frequently jail suspects or try defendants without public explanation. Habibi urged friends and fans to spread the news while warning against 'any comment' that could complicate his situation... His arrest comes on the heels of a warning by Iran's Culture Ministry to artists who work with Persian-language television channels that broadcast to the country from abroad. 'They will be warned and there will be legal action if they insist on the cooperation,' ministry spokesman Hossein Nushabadi was quoted as saying by the semiofficial ISNA news agency. Golruyi released a music video in March titled Liberation, which highlighted Iranian women who have made strides in various areas despite state-imposed restrictions and legal discrimination. 'We're happy, joyful, and smiling even though we're in a prison,' Golruyi sings in the clip to images of Iranian female athletes, rights advocates, scientists, artists, and others, adding in the refrain, 'We know we're free at the end of the story.'" http://t.uani.com/1HGwrwI

ICHRI: "Singer-songwriter Hossein Zaman, who has been banned from performing for nearly ten years and lost his university teaching post due to his political views, says Rouhani administration officials in Iran are refusing to allow him to resume his artistic career because he has continued to openly express criticism about the country's affairs... What is noteworthy in Zaman's case is the direct involvement of the Rouhani administration in his repression. During Rouhani's 2013 presidential campaign, he pledged to give more freedom to artists and cultural figures. In a meeting with artists and cultural figures on January 8, 2014, President Rouhani stated, 'Viewing the arts as a security concern is the biggest mistake...If there is no freedom, true artistic creations would not be produced. We cannot create and produce arts on order. Any type of security atmosphere can nip arts in the bud.' Yet in addition to Hossein Zaman, authorities in the Ministry of Islamic Culture and Guidance, which is under the direct authority of President Rouhani, have over the last two years banned or prevented the work of numerous writers, publishers, filmmakers, musicians, and others. While Rouhani posits himself as a force for greater cultural openness, pushing back against hardliners in Iran who would have it otherwise, officials who are under his administration's direct authority have continued to implement policies of artistic and cultural repression. In the music sphere, the Ministry of Culture and Islamic Guidance under the Rouhani administration has canceled dozens of concerts in Tehran and other cities." http://t.uani.com/1O3Dqwf

Domestic Politics

FT: "'For years I have put my life at risk for God and this country,' Babak Zanjani, dressed in blue striped prison uniform, told a Tehran court on October 31. 'I have been imprisoned for two years under difficult conditions in a small room which is like a toilet.' Iran's most notorious billionaire, who has claimed he has more than 60 companies inside and outside Iran, stands accused of corruption, fraud and forging documents. In his defence, Zanjani claims he served his country by helping its authorities manoeuvre around EU and US oil and banking sanctions introduced in 2012 'when Iran could not sell one barrel of crude nor could transfer one US dollar'. In response, Iran's oil ministry claims it is owed more than €2.7bn for oil exports, which Zanjani says were frozen by sanctions. But the Zanjani saga signifies more than just a tit-for-tat between the state and a colourful businessman. The case is a microcosm of contemporary attitudes towards wealth in Iran's closed society - wealth that is associated, as great fortunes usually are, with political patronage rather than individual entrepreneurship... Following the 1979 revolution, Islamic rulers denounced capitalism and advocated an economy based on an amalgamation of Islamist and socialist ideology. But in practice, they created a class of oligarchs, nominally operating in the private sector, linked to and dependent on the survival of the regime... Zanjani's case also serves as a distraction from other, possibly bigger, examples of corruption that could be embarrassing for the Islamic regime and potentially destabilising at a time when youth unemployment has hit 25 per cent and inflation stands at 14 per cent." http://t.uani.com/1QTR9M9

Opinion & Analysis

WashPost Editorial: "On Thursday, The Post's Jason Rezaian marks another dismal milestone: his 500th day of detention in Iran. He is held in Tehran's notorious Evin Prison, where political prisoners are kept; his principal companion is a cellmate who speaks neither English nor Persian, making communication difficult. Mr. Rezaian is no longer allowed contact with his lawyer nor fresh supplies of reading material. His exercise time was cut back after Iran finished negotiating its nuclear deal with a U.S.-led coalition over the summer. Though his trial on espionage charges ended Aug. 10, neither he nor his lawyer has been formally informed of the verdict or sentence against him. This outrage will have continued for 56 days longer than the hostage crisis of 1979-81, when 52 Americans were held captive at the U.S. Embassy. Though Iran has previously arrested journalists with foreign citizenship, Mr. Rezaian has been held far longer than any of them. His wife, Yeganeh Salehi, an Iranian citizen, also remains in limbo: Arrested with Mr. Rezaian on July 22, 2014, at their home, she was released after two months but has not been allowed to return to her work as a journalist and remains under threat of prosecution. The couple are allowed to meet every other Saturday for an hour, and Mr. Rezaian is also allowed a weekly meeting with Ms. Salehi and his mother. Otherwise, he is subjected to a cruel isolation. It has been widely speculated that Mr. Rezaian is a pawn in an internal Iranian power struggle. Hard-liners are said to be using him, and at least three other Americans they are holding, to block any further improvement in relations between the United States and the government of Hassan Rouhani. While that may be true, Mr. Rouhani and his foreign minister, Mohammad Javad Zarif, haven't been encouraging about Mr. Rezaian's case. Mr. Zarif has gone from describing him as a 'friend' and 'good reporter' to suggesting he might be guilty of wrongdoing, while Mr. Rouhani floated the idea that he should be traded for 19 Iranians being held in the United States. What seems clear is that the Obama administration has failed to create incentives for the regime to release Mr. Rezaian and other Americans. It continues to implement the nuclear deal; in a change of policy, it invited Iran to participate in political talks on Syria. No one has been sanctioned - or even threatened with sanctions - in response to the Rezaian case. Iran appears content to allow Mr. Rezaian and the other Americans to rot in prison indefinitely, even as the regime collects more than $100 billion in sanctions relief and is granted the role it has long sought as a regional power. That should not be an acceptable outcome." http://t.uani.com/1Q0GRK0

Ilya Somin in WashPost: "In a recent letter written by Assistant Secretary for Legislative Affairs Julia Frifield, the State Department indicates that the nuclear deal with Iran is not legally binding. It is, the letter claims, merely a set of 'political commitments between Iran and the P5+1 (the United States, the United Kingdom, France, Germany, Russia, China) and the European Union.' The Obama administration has taken this position at least in part to avoid rendering the deal unconstitutional. If it were a legally binding international agreement, it would require ratification by the Senate, or at least some form of congressional approval, which it currently does not have and is unlikely to get in the future. But, as legal scholar Michael Ramsey and Matthew Weybrecht of Lawfare point out, if the agreement is not legally binding, that means that a future president could repudiate it any time, without violating either domestic or international law. Ramsey further emphasizes that, if the administration's view of the agreement is accurate, defenders of the deal can no longer attack Republican advocates of repudiation as lawless or indifferent to the America's legal commitments. Virtually all the GOP presidential candidates are in fact committed to repudiating the deal if they win. IF the agreement has no legal force, then they can easily act on that intention without getting the approval of the other parties to the deal, or even that of Congress. Furthermore, if the deal is not legally binding on the United States, it also does not bind Iran either. If the Iranians cheat or renege on the agreement, the administration cannot claim that they violated international law. The Iranian regime, of course, is unlikely to be much influenced by considerations of legal propriety. But such considerations do matter to elite and public opinion in Europe, whose support is necessary for any effective 'snapback' of sanctions in the event of Iranian violations. It seems unlikely that many European governments will forego significant business opportunities in Iran merely to punish violations of a deal that isn't even legally binding. The snapback provisions - which are the key enforcement mechanisms for the deal - have other significant weaknesses, as well." http://t.uani.com/1XystgJ

Cathy Votaw in Politico: "For more than 30 years, April 18 for my family has been the day the Earth stood still. My relatives and I call and write one another, sharing tears and memories, seeking solace and strength. On that day in 1983, Hezbollah terrorists, backed by the Iranian government, murdered my father, 16 other Americans and numerous others in a suicide truck bombing at the U.S. Embassy in Beirut. Many more suffered terrible injuries but managed to survive. But decades later, despite a long journey through the U.S. court system, none of the survivors or the families of those killed in the attack have extracted justice from the Iranian regime for the trauma and loss it caused. My family and the other victims of the Beirut Embassy bombing are hardly alone in this struggle. Hundreds of Americans affected by similar state-sponsored terror attacks, such as the 1998 U.S. Embassy bombing in Nairobi, Kenya, have also been denied justice despite their own arduous legal battles. Only adding to our pain is the sense that our country has forgotten our families' sacrifices and our quest for justice. However, legislation recently introduced in Congress offers a glimmer of hope that Iran and all government sponsors of terrorism will finally be held to account for their despicable actions, and that American victims of these attacks will finally receive the justice they have fought so hard to secure... We joined victims of the Beirut Embassy bombing in a lawsuit against the Iranian government for its role in financing the attack. As citizens of a civilized society, we simply had no other recourse to justice. My family and others affected by the attack told our stories in U.S. federal court. We talked about our father and what it meant for us to lose such a wonderful and caring presence in our lives. Survivors of the attack recounted terrifying details of the bombing and described how the effects of the blast would stick with them for the rest of their lives. On September 11, 2003, a federal judge awarded our group more than $120 million in damages, ruling that Iran indeed shared responsibility for the attack carried out by Hezbollah. To this day, however, the Iranian government has not had to disgorge one cent. And with no mechanism in place to enforce the ruling, the victims of the Beirut attack have long feared that justice would never be done... As the years pass, it has grown hard to shake the feeling that our government has simply forgotten about the sacrifices made by its public servants and their families. They were sent abroad to represent the United States. We look to the U.S. government to help us pursue justice on their behalf. This is why the new legislation-introduced by Reps. Bob Goodlatte, Steve Chabot and Lamar Smith-gives all of us who suffered the heartbreak of these events a renewed hope for achieving the justice we are owed. The bill would do so by establishing a compensation fund that would help victims and families affected by state-sponsored terrorism. Instead of using taxpayer dollars, the compensation fund would be supported with a portion of the $9 billion forfeiture agreement with the French bank BNP Paribas SA, which pleaded guilty in 2014 to violating U.S. sanctions by funneling money on behalf of governments recognized by the United States as state sponsors of terror, including Iran and Sudan. Under the proposed legislation, those funds would also go to reauthorizing the September 11 Victims Compensation Fund, recognizing other victims of terrorist acts perpetrated against our country... Our country owes it to the victims of these attacks and the families of those killed to ensure that the devotion and bravery of these public servants are honored. All of us who bear the scars inflicted by state-sponsored terrorism understand that no amount of compensation will ever heal the physical and emotional wounds we suffered in these attacks or erase the pain of losing a loved one. But that is not the point of this legislation. The point is to offer hope for a semblance of long-elusive justice and reminding us that the sacrifices of public servants like my father will never be forgotten. I hope all Americans will join us in our search for justice against the government that killed my father and so many other proud U.S. government employees by calling on Congress to support this important legislation." http://t.uani.com/1jyt677
       


Eye on Iran is a periodic news summary from United Against Nuclear Iran (UANI) a program of the American Coalition Against Nuclear Iran, Inc., a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Eye on Iran is not intended as a comprehensive media clips summary but rather a selection of media elements with discreet analysis in a PDA friendly format. For more information please email Press@UnitedAgainstNuclearIran.com

United Against Nuclear Iran (UANI) is a non-partisan, broad-based coalition that is united in a commitment to prevent Iran from fulfilling its ambition to become a regional super-power possessing nuclear weapons.  UANI is an issue-based coalition in which each coalition member will have its own interests as well as the collective goal of advancing an Iran free of nuclear weapons.

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