Iran Must File Lawsuit with JCPOA Joint Committee against US Stonewalling

Thursday, April 21, 2016

Jalil Bayat
Doctoral Student of International Relations; Tarbiat Modarres University

Recent remarks by the governor of the Central Bank of Iran in a meeting at the US Council on Foreign Relations and also in an interview with the Bloomberg news network, where he said none of Iran’s expectations have been met following the nuclear deal known as the Joint Comprehensive Plan of Action (JCPOA), have elicited different reactions in the Iranian society. Some people and groups, who were against JCPOA from the outset, have taken these remarks to be a sign of total failure of the Iranian administration in this regard and evidence to the truth of what they said. On the other hand, those supporting JCPOA, considered Valiollah Seif’s remarks in line with the Iranian administration’s media policy to mount pressure on the United States in order to get more concessions from Washington or speed up the implementation of JCPOA.

Apart from any judgment about any of these two viewpoints, it seems that the implementation of JCPOA has hit a snag. Recent remarks made by Iran’s Foreign Minister Mohammad Javad Zarif in an interview with the German weekly, Der Spiegel, which came following Seif’s remarks, were further confirmation to his remarks. In that interview, Zarif said if the JCPOA is going to last over the long term, everybody must make necessary investment to guarantee its implementation, because the Iranian people want to see the results of the deal. Elsewhere in that interview, Zarif added that there are still impediments to full implementation of the nuclear deal, especially with big international banks, which are afraid of getting back to trade with Iran out of fear from the United States’ punitive measures. Zarif urged the United States not to interfere in Iran’s trade exchanges with other countries and big banks.

These remarks as well as Seif’s explicit assertions at the US Council on Foreign Relations are clearly indicative of the destructive role that one of the member states of the P5+1 group (that is, the United States) is (willingly or unwillingly) playing in the course of the implementation of JCPOA. Therefore, it seems that consultation between Iran and this member of the P5+1 group, either through official channels or through media diplomacy, in order to convince it to desist its destructive role in the implementation of JCPOA, has not been successful. Therefore, it is time for Iran to present a report on this issue to JCPOA supervisory committee, known as the Joint Committee.

This argument comes right out of the main text of JCPOA, which has predicted such a move. Article 28 of JCPOA says, “The E3/EU+3 and Iran commit to implement this JCPOA in good faith and in a constructive atmosphere, based on mutual respect, and to refrain from any action inconsistent with the letter, spirit and intent of this JCPOA that would undermine its successful implementation. Senior Government officials of the E3/EU+3 and Iran will make every effort to support the successful implementation of this JCPOA including in their public statements.  The E3/EU+3 will take all measures required  to  lift  sanctions  and  will  refrain  from  imposing  exceptional  or discriminatory regulatory and procedural requirements in lieu of the sanctions and restrictive measures covered by the JCPOA.”

Article 29 of the main text of JCPOA also says, “The EU and its Member States and the United States, consistent with their respective laws, will refrain from any policy specifically intended to directly and adversely affect the normalization of trade and economic relations with Iran inconsistent with their commitments not to undermine the successful implementation of this JCPOA.”

Meanwhile, Article 26 in the main text of JCPOA has also stipulated, “The United States will make best efforts in good faith to sustain this JCPOA and to prevent interference with the realization of the full benefit by Iran of the sanctions lifting specified in Annex II.” Now, it seems that these three articles of JCPOA are enough for Iran to lodge a lawsuit with JCPOA supervisory committee due to interference by the United States in successful implementation of JCPOA in order to prevent “the realization of the full benefit by Iran of the sanctions lifting.”

This right has been clearly recognized for Iran in Article 24 of the main text of JCPOA, where it says, “If at any time following the Implementation Day, Iran believes that any other nuclear-related sanction or restrictive measure of the E3/EU+3 is preventing the full implementation of the sanctions lifting as specified in this JCPOA, the JCPOA participant in question will consult with Iran with a view to resolving the issue and, if they concur that lifting of this sanction or restrictive measure is appropriate, the JCPOA participant in question will  take  appropriate  action. If they are not able to resolve the issue, Iran or any member of the E3/EU+3 may refer the issue to the Joint Commission.”

These clear and expressive phrases indicate that Iran is currently in a good position, where if it faces any limitation for the implementation of JCPOA or any obstacle to realization of the full benefit by Iran of the sanctions lifting, to take action to have its right recognized in line with the mechanism stipulated by the nuclear deal. On the other hand, sending Iran’s complaint to the Joint Commission will throw the ball into the opposite party’s court and put double pressure on the United States. Following up on this issue and publicizing it through the mass media and the world’s public opinion by noting that Iran has fulfilled all its obligations but the United States has made the Islamic Republic complain to the Joint Commission as a result of Washington’s obstructionism, can be useful for the achievement of Iran’s goal in this regard.

Key Words: Iran, Lawsuit, JCPOA, Joint Committee, US, Stonewalling Valiollah Seif, Mohammad Javad Zarif, Obstructionism, E3/EU+3, Bayat

Source: Asriran News Website
Translated By: Iran Review.Org

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