Next up, Normalizing Relations with North Korea

Posted on October 18, 2015October 18, 2015 by Denise Simon

Sheesh, this blogger has been predicting this….. THE MADNESS CONTINUES:

North Korea reportedly willing to sign peace treaty with US to end conflict

FNC: North Korea reportedly rejected the idea of resuming talks to abandon its nuclear program on Saturday, but said it would welcome negotiations for a peace treaty with Washington.

North Korea’s foreign ministry made the statement one day after President Obama and South Korean President Park Geun-hye said they were ready to open talks with Pyongyang on sanctions if they were serious about dissolving its nuclear program, according to Reuters.

“If the United States insists on taking a different path, the Korean peninsula will only see our unlimited nuclear deterrent being strengthened further,” the North said in a statement.

North and South Korea are still technically at war after signing a truce in 1953 to temporarily end their conflict. The U.S. also signed the deal after backing the South.

Obama, while meeting with Park on Friday, said Iran had been prepared to have a “serious conversation” about the possibility of giving up the pursuit of nuclear weapons. He said there’s no indication of that in North Korea’s case.

“At the point where Pyongyang says, `We’re interested in seeing relief from sanctions and improved relations, and we are prepared to have a serious conversation about denuclearization,’ it’s fair to say we’ll be right there at the table,” Obama told a joint news conference.

In a joint statement after Friday’s meeting, the U.S. and South Korea said that if North Korea decides to launch another rocket into space or test a nuclear explosion, “it will face consequences, including seeking further significant measures by the U.N. Security Council.” The statement also said they would never accept North Korea as a nuclear weapons state.

North Korea had walked away from talks involving the U.S. and four other countries in 2008 and continued to conduct nuclear tests. It claims the only way to end conflict with Washington is to sign a peace treaty.

Park’s visit Friday further strengthened South Korea’s ties with the U.S.

U.S. retains 28,500 troops in South Korea, a legacy of the 1950-53 Korean War, and nearly 50,000 troops in Japan. Obama called the U.S.-South Korean alliance “unbreakable.” Park called it a “lynchpin” of regional security.

In August, the two Koreas threatened each other with war after two South Korean soldiers were wounded by land mines Seoul says were planted by the North. The tensions have since eased, and the two sides have agreed to resume next week reunions of Korean families divided by the Korean War.

The Obama administration has faced criticism from hawks and doves alike for a lack of high-level attention on North Korea, which estimated to have enough fissile material for between 10 and 16 nuclear weapons. More details here.

From McClatchy:

Obama said the U.S. would be willing to talk with North Korea about sanctions relief and improved relations if it agreed to give up nuclear weapons. He said there’s no indication that the government in Pyongyang can “foresee a future in which they did not possess or were not pursuing nuclear weapons.”

Citing the U.S. outreach to Cuba and the agreement to limit Iran’s ability to build nuclear weapons in exchange for the lifting of economic sanctions, Obama said the U.S. is “prepared to engage nations with which we have had troubled histories.” He stressed that he and Park reaffirmed that neither country would accept North Korea as a nuclear weapon state and will insist that Pyongyang abide by its obligations.

“These are both countries that have a long history of antagonism towards the United States,” he said of Iran and North Korea. “But we were prepared to have a serious conversation with the Iranians once they showed that they were serious about the possibility of giving up the pursuit of nuclear weapons.”

Saying nothing of human rights violations, the official White House statement is here:

2015 United States-Republic of Korea Joint Statement on North Korea

On October 16, 2015, President Barack Obama of the United States of America and President Park Geun-hye of the Republic of Korea committed to the following.

The United States-Republic of Korea alliance remains committed to countering the threat to peace and security posed by North Korea’s nuclear and ballistic missile programs as well as other provocations. We will maintain our robust deterrence posture and continue to modernize our alliance and enhance our close collaboration to better respond to all forms of North Korean provocations.

The United States and the Republic of Korea share deep concern about the continued advancement of North Korea’s UN-proscribed nuclear and missile capabilities and commit to address the North Korean nuclear problem with utmost urgency and determination.

We reaffirm our commitment to our common goal, shared by the international community, to achieve the complete, verifiable, and irreversible denuclearization of North Korea in a peaceful manner. North Korea’s continuing development of its nuclear and ballistic missile programs is an ongoing violation of multiple UN Security Council resolutions and is contrary to North Korea’s commitments under the 2005 Joint Statement of the Six-Party Talks. We strongly urge North Korea to immediately and fully comply with its international obligations and commitments.

We oppose any actions by North Korea that raise tensions or violate UN Security Council resolutions. In particular, if North Korea carries out a launch using ballistic missile technology or a nuclear test, it will face consequences, including seeking further significant measures by the UN Security Council. In this regard, we are committed to working with the international community to ensure the effective and transparent implementation of all UN Security Council resolutions, including sanctions measures, concerning North Korea, and we encourage all states to exercise strict vigilance against North Korea’s prohibited activities.

The United States and the Republic of Korea maintain no hostile policy towards North Korea and remain open to dialogue with North Korea to achieve our shared goal of denuclearization. Recognizing the common interests of our Six-Party Talks partners in the denuclearization of North Korea, we will continue to strengthen our coordination with China and the other parties in order to bring North Korea, which has refused all offers of denuclearization dialogue, back to credible and meaningful talks as soon as possible.

We reaffirm that we will never accept North Korea as a nuclear-weapon state, and that its continued pursuit of nuclear weapons is incompatible with its economic development goals. Along with the rest of the international community, we stand ready to offer a brighter future to North Korea, if North Korea demonstrates a genuine willingness to completely abandon its nuclear and ballistic missile programs, and agrees to abide by its international obligations and commitments.

The United States appreciates President Park’s tireless efforts to improve inter-Korean relations, including through repeated overtures to North Korea, and welcomes President Park’s principled approach that resulted in a peaceful resolution of the August tensions. The United States will continue to strongly support her vision of a peacefully unified Korean Peninsula, as envisaged in her Dresden address. We will intensify high-level strategic consultations to create a favorable environment for the peaceful unification of the Korean Peninsula.

The Republic of Korea and the United States join the international community in condemning the deplorable human rights situation in North Korea as documented in the 2014 UN Commission of Inquiry report. We look forward to supporting the work of the UN Office of the High Commissioner for Human Rights (Seoul). We remain dedicated to working with the international community to improve the human rights situation in North Korea and ensure accountability for human rights violations, as well as to improve the livelihood of the people in North Korea.

Iran’s Mullahs Say Thank You to Obama

Posted on October 15, 2015October 15, 2015 by Denise Simon

MEMRI October 15, 2015 Special Dispatch No.6187 Senior Iranian Negotiators Salehi, Kamalvandi: On October 19 President Obama Will Announce Lifting Of American Sanctions http://www.memri.org/report/en/0/0/0/0/0/0/8799.htm

According to senior Iranian negotiators, Ali Akbar Salehi, the head of the Atomic Energy Organization of Iran and an architect of the nuclear agreement (JCPOA), and Beherouz Kamalvandi, the spokesman for the Atomic Energy Organization of Iran, on October 19, 2015 President Obama will announce that sanctions will be lifted and not merely suspended, contrary to the July 14,

2015 text of the agreement to which Iran is obligated.[1]

If this report proves accurate, it means that President Obama surrendered to the threats and demands of Iran’s Supreme Leader Ali Khamenei to amend the nuclear agreement (JCPOA) on this critical point, because lifting sanctions instead of suspending them will not allow their automatic reimposition (“snapback”). In this way, President Obama’s promise that the agreement incorporates the security mechanism of restoring the sanctions in the event of an Iranian violation, has been broken.

It should be emphasized that Salehi’s statement has not been verified at this stage by any Western or American source.

Khamenei issued his demands and threat on September 3, 2015 in a public address before Iran’s Assembly of Experts[2] and the Iranian Majlis incorporated them in the text that it approved on October 13, 2015.[3]

Following Khamenei’s address in early September 2015, contacts between Iran and the US and the P5 +1 powers took place September 28, 2015, on the sidelines of the UN General Assembly but their results were not published[4] and subsequently Khamenei issued a guideline on October 7, 2015 banning contacts with the US.[5]

Endnotes:

[1] Fars (Iran), October 15, 2015; ILNA (Iran), October 15, 2015.

[2] See MEMRI Special Dispatch No. 6151, Khamenei Declares That He Will Not Honor The Agreement If Sanctions Are Merely Suspended And Not Lifted, September 4, 2015.

[3] See MEMRI Inquiry and Analysis No. 1192, The Iranian Majlis Has Not Approved The JCPOA But Iran’s Amended Version Of It, October 13, 2015.

[4] See MEMRI Special Dispatch No. 6162, Expected September 28 NY Meeting

Between P5+1 Foreign Ministers And Iran Could Signify Reopening Of Nuclear

Negotiations To Address Khamenei’s September 3 Threat That If Sanctions Are

Not Lifted, But Merely Suspended, There Will Be No Agreement, September 21,

2015.

[5] Twitter.com/khamenei_ir, October 7, 2015.

Quote of the Day:

President Obama and his foreign-policy admirers—a dwindling lot—hoped that the nuclear deal would make Iran more open to cooperation in the Middle East and with the U.S. Mark this down as another case in which the world is disappointing the American President.

–Wall Street Journal editorial headlined “The Mullahs Say Thanks”

The Iran deal seemed to be predicated on the notion that if we made all sorts of concessions to Iran it would become a different kind of regime. It would play nicer with President Obama’s imaginary friend “the international community.”

It hasn’t gotten off to a good start. For starters, Washington Post journalist Jason Rezaian, held captive for more than a year, was just convicted of espionage. Reporters keep referring to the Iranian “justice” system, as if there had been a fair trial open to the public. Sure.

The verdict was announced on Monday. As the Wall Street Journal notes:

The timing of the conviction won’t escape students of history. Friday was the 444th day of his captivity. That was the number of days U.S. diplomats in Iran spent as hostages following the 1979 Islamic Revolution. Mr. Rezaian’s conviction three days later is the mullah equivalent of mailing a dead fish to an adversary.

Mr. Rezaian’s brother has said that he thinks our government should let the Iranians know that “there will be consequences.” Strongly worded letter to follow. But even if our government responded (and it won’t), the mullahs aren’t listening.You see, the Supreme Leader Ali Khamenei just banned further diplomatic negotiations with Washington.

In other news from our Iranian friends, the regime tested on Sunday a guided ballistic missile that code-named Emad (“Pillar”), which the Journal notes is in violation of the nuclear deal. This is also in violation of a recent U.N. Security Council resolution banning any Iranian tests of guided missiles for eight years. It will be difficult for Secretary of State John Kerry’s crack team to glean further information directly, however, because of that Iranian ban on talking to Washington.

If Iran were not a regime bent on nuclear power and destruction and if this were not so dangerous for the world, particularly our mistreated ally (?) Israel, you’d almost have to cheer the mullahs for their gutsiness. But the regime is a totalitarian monstrosity and Israel is in danger of annihilation, which makes it all very unfunny. The Wall Street Journal comments:

The more likely outcome is that the Obama Administration will find a way to explain that the missile test doesn’t violate the nuclear accord that Mr. Obama considers a crowning achievement. Meanwhile, Iran’s government will bank up to $150 billion that it can deploy to back its militia proxies in the Middle East. Add the new Iran-Russia offensive in Syria, and Tehran would appear to have taken the nuclear deal as a signal that it can now do whatever it wants without consequence.

The American recessional continues apace with word that the U.S. is pulling our Patriot missile defense systems from Turkey. This is a nice bookend to one of President Obama’s earliest foreign affairs initiatives, scrapping the missile-defense system for Poland, which would actually be rather nice to have just now as Vladimir Putin is raging through the neighborhood.

Don’t worry, though. President Obama is heading for a climate change conference. Hat tip for this post.

Meanwhile, the IAEA completed it’s first report on an inspection site:

VIENNA (AFP) –

The UN atomic watchdog said Thursday it has completed on schedule gathering information in its probe into Iran’s alleged past efforts to develop nuclear weapons.

The International Atomic Energy Agency said that, in line with a plan agreed with Iran in July, its chief Yukiya Amano will now provide a “final assessment” on the investigation by December 15.

The IAEA keeps close tabs on Iran’s declared nuclear facilities to ensure that no atomic material is diverted by Iran to any covert weapons programme, an aim denied strenuously by Tehran.

Under a landmark July deal between Iran and six major powers, Iran will dramatically scale down its nuclear activities in order to render any effort to make an atomic bomb virtually impossible.

But the IAEA also wants to probe claims that at least until 2003, Iran conducted research into making nuclear weapons, including with explosives tests at the Parchin military base, something it also denies.

On July 14 — the same day as the wider deal with major powers — Iran and the IAEA agreed a separate “road map” agreement aimed at completing an investigation into these activities by December 15.

The plan included Iran providing the IAEA with information by August 15, which happened on schedule although the IAEA said that there remained “ambiguities” to be resolved.

Thursday’s announcement by the IAEA also helps clear the way for preparations to begin for the implementation of the wider deal between Iran and major powers.

The accord, hailed as a massive diplomatic achievement after over decade of rising tensions, won final approval in Iran on Wednesday as a top panel of jurists and clerics gave it the green light.

Members of the US Congress failed in September to torpedo the deal, with President Barack Obama securing enough support in the Senate to protect the agreement.

In return for downscaling its programme, painful UN and Western sanctions on Iran are due to be lifted. Iranian officials have said this should happen by the end of 2015 or January at the latest.

Iran to Obama and Kerry, in Your Faces Dudes

Posted on October 14, 2015October 14, 2015 by Denise Simon

U.N. Security Council Resolution 1929 stipulates that Iran cannot engage in any activities related to ballistic missiles.

U.S. to refer Iran missile test to U.N. over possible violation

Washington (CNN) The State Department said Tuesday it would refer Iran’s firing of a new surface-to-surface ballistic missile to the United Nations Security Council for review to determine whether the test violated a U.N. resolution.

“It’s deeply concerning that this latest violation does appear to be a violation of U.N. Security Council resolution 1929, and we’ll obviously raise this at the [Security Council] as we have done with previous launches,” State Department deputy spokesman Mark Toner told reporters.

“We’ve seen for the past years that Iran has consistently ignored U.N. Security Council resolutions,” he added.

White House spokesman Josh Earnest told reporters Tuesday that while the launch was likely a violation of a Security Council resolution, it was distinct and separate from the nuclear accord reached with Iran earlier this year.

“In contrast to the repeated violations of the U.N. Security Council resolution that pertains to their ballistic missile activities, we’ve seen that Iran over the last couple of years has demonstrated a track record of abiding by the commitments that they made in the context of the nuclear talks,” he said.

Iran entered a final nuclear deal with the U.S. and five other world powers in July that is focused on restricting Iran’s path to a nuclear weapon.

U.N. Security Council Resolution 1929 stipulates that Iran cannot engage in any activities related to ballistic missiles.

A newer U.N. Security Council resolution, number 2231, implementing the deal and banning Iran from engaging in activities related to ballistic missiles designed to carry nuclear warheads is not yet in effect.

Over the weekend, state-run media reported that Iran successfully test-fired a new precision-guided, long-range missile.

The Emad (Pillar) surface-to-surface missile, designed and built by Iranian experts, is the country’s first long-range missile that can be precision-guided until it reaches its target, said Brig. Gen. Hossein Dehqan, Iran’s defense minister.

The Emad would be Tehran’s first precision-guided missile with the range to reach its enemy, Israel.

Israel is bitterly opposed to Iran’s nuclear program, and observers have speculated that it could be prepared to launch pre-emptive strikes on Iranian nuclear sites in an effort to derail their progress.

Dehqan said after the launch that the Emad would greatly increase Iran’s strategic deterrence capability, state media reported.

“To follow our defense programs, we don’t ask permission from anyone,” he said, according to state-run news agency IRNA. *** Due to regional fighter jet activity and testing missiles, commercial flights either get canceled or rerouted.

Hong Kong airline Cathay Pacific said Wednesday it has stopped flying over Iran and the Caspian Sea following an air safety agency warning about Russian missiles fired at Syria.

The airline’s decision to reroute flights comes after Russia stepped up its military campaign against Islamic State group fighters in Syria. It started firing cruise missiles from its military warships in the Caspian Sea on Sept. 30.

“In view of the situation in the region, Cathay Pacific suspended all flights over Iran and Caspian Sea since last Thursday until further notice,” the airline said in a statement. “We continue to monitor and review the situation on a daily basis.”

The European Aviation Safety Agency issued a safety bulletin to airlines last week about cruise missiles targeted at Syrian rebels fired by Russian warships in the Caspian Sea. It said the missiles must cross Iran and Iraq below flight routes used by commercial aircraft.

Cathay added that it has had a long-term policy of not overflying Iraq, Afghanistan, Ukraine and Syria.

The agency said it was not making specific recommendations with its bulletin, which was issued to inform airspace users about the potential hazard. Air France said earlier this week it was taking special measures regarding overflying Iran and the Caspian Sea following the agency’s warning.

Airlines are more cautious about flying over conflict zones since the downing of a Malaysia Airlines Boeing 777 last year amid a conflict between Russia-backed separatists and Ukrainian government forces. Two-thirds of the 298 people who died were Dutch and a Dutch Safety Board report released this week said the jet was destroyed by a Buk surface-to-air missile fired from an area controlled by Russia-backed separatist rebels.

Not finished yet, it gets worse:

JPost: Iran’s Revolutionary Guard on Wednesday revealed an underground bunker in which it stores long-range ballistic missiles, Iran’s semi-official Fars News Agency reported.

Footage of the underground missile bunker was aired on Iranian state television. According to Fars, a number of ballistic missiles were shown in the underground tunnel including a model with a range of 2,000 kilometers.

Fars quoted Amir Ali Hajizadeh, head of the Revolutionary Guard’s aerospace branch, as saying that the missiles represented the next generation of Iranian long-range missile technology.

The missile bunker shown is one of many that are buried as deep as “500 meters below the high mountains,” Fars reported.

Iran state television showed on Sunday what it said was a successful launch of the new Iranian missile, named Emad, which appears to be Tehran’s first precision-guided weapon with the range to strike its regional enemy Israel.

A total of 220 of Iran’s 290 lawmakers praised the missile test on Wednesday, announcing their full support of measures that “strengthen Iran’s defense capabilities.”

The US State Department said that the missile test was an apparent violation of a UN Security Council resolution and Washington will raise it at the United Nations.

“We’ll obviously raise this at the UNSC as we have done in previous launches,” State Department spokesman Mark Toner told reporters, noting the test appeared to be a violation of U.N. Security resolution 1929.

He and White House spokesman Josh Earnest both said the issue was separate from a deal Iran struck in July with six world powers, which seeks to curb Tehran’s atomic program in return for having sanctions against it eased.

Ballistic missile tests by Iran are banned under Security Council resolution 1929, which dates from 2010 and remains valid until the July 14 nuclear deal goes into effect.

Once the deal takes effect, Iran will still be “called upon” not to undertake any ballistic missiles work designed to deliver nuclear weapons for a period of up to eight years, according to a Security Council resolution adopted in July.

The resolution says that when the deal is in effect countries will be allowed to transfer missile technology and heavy weapons to Iran on a case-by-case basis with council approval.

However, at the time the resolution was drafted, a U.S. official called this provision meaningless and said the United States would veto any suggested transfer of missile technology to Iran.

Speaking on Tuesday, White House spokesman Earnest made clear countries could more to stop the flow of ballistic missile technology to Iran.

“That is work that requires international cooperation,” he said, adding that Washington was ready to work with Gulf allies to counter Iran’s ballistic missile program.

Only Obama Adheres to Iran Deal, Others Pretend

Posted on October 11, 2015October 11, 2015 by Denise Simon

Primer:

SOURCE: Naharnet (Lebanon) 11 Oct.’15:”Fiery Scenes as Iran MPs Give Partial Nod to Nuclear Deal”, Agence France Press

SUBJECT: Iran’s ‘partial nod’ to nuclear deal

FULL TEXT: Iran’s parliament gave a partial nod to a nuclear deal with world powers Sunday but only after fiery clashes and allegations from a top negotiator that a lawmaker had threatened to kill him.

Ali Akbar Salehi, head of Iran’s Atomic Energy Agency, went on the attack for the government at the end of a boisterous debate where he and other officials were accused of having capitulated.

Ultraconservative lawmakers repeatedly warned of holes in the text of the agreement and criticized President Hassan Rouhani for suggesting MPs were deliberately delaying the deal.

Red with anger, Alireza Zakani, who headed a panel reviewing the accord, known as the Joint Comprehensive Plan of Action, for two months, demanded “fundamental changes” to the text.

“This deal serves Wendy Sherman” and not Iran’s interests, Zakani said, referring to America’s senior negotiator in talks which resulted in the agreement in Vienna on July 14.

Hardliners in Tehran often railed against two years of diplomacy that led to the deal. Iran’s government says the accord will protect the country’s nuclear program while seeing sanctions lifted.

Despite Sunday’s[11 Oct] disagreements, the outlines of a motion titled “Iran’s Plan for Reciprocal and Proper Action in Implementing JCPOA” were approved by 139 of 253 lawmakers present.

One-hundred lawmakers voted against and 12 abstained. Iran has 290 MPs in total. They stopped short of endorsing the nuclear accord on Sunday and said specific details of the text are to be discussed and voted on Tuesday. Members of the U.S. Congress failed in September to torpedo the White House’s historic deal with Iran.

Salehi, an atomic scientist by training and a former foreign minister, hit out at what he said was the “immoral” behavior of some MPs in the way they had responded to talks and the deal.

Having to raise his voice, Salehi said: “Truth might be bitter for some… Listen. Listen. Hear me once and for all. Hear it from someone who is going be buried under cement.”

The latter remark was in reference to a lawmaker who Salehi said took a vow to kill him because the government agreed to remove and disable the core of a reactor at Arak, one of Iran’s nuclear sites.

“We negotiated within a framework and principles. Who set that framework? Me? A minimum and maximum was set for us,” Salehi said.

So-called red lines for the talks were also laid down by Iran’s supreme leader, Ayatollah Ali Khamenei, and the Supreme National Security Council that he oversees.

Foreign Minister Mohammad Javad Zarif, who led Iran’s diplomacy with the six powers, attended Sunday’s parliament session but he did not speak publicly. State television broadcast only live audio of the session over stills of the parliament, citing “opposition from Majlis authorities.”

However, pictures posted on social media sites showed the fierce exchanges.

Now to Obama:

Obama will be the only person sticking to Iran deal

By Amir Taheri

NYP: Sometime this week, President Obama is scheduled to sign an executive order to meet the Oct. 15 “adoption day” he has set for the nuclear deal he says he has made with Iran. According to the president’s timetable the next step would be “the start day of implementation,” fixed for Dec. 15.

But as things now stand, Obama may end up being the only person in the world to sign his much-wanted deal, in effect making a treaty with himself.

The Iranians have signed nothing and have no plans for doing so. The so-called Joint Comprehensive Plan of Action (JCPOA) has not even been discussed at the Islamic Republic’s Council of Ministers. Nor has the Tehran government bothered to even provide an official Persian translation of the 159-page text.

The Islamic Majlis, the ersatz parliament, is examining an unofficial text and is due to express its views at an unspecified date in a document “running into more than 1,000 pages,” according to Mohsen Zakani, who heads the “examining committee.”

“The changes we seek would require substantial rewriting of the text,” he adds enigmatically.

Nor have Britain, China, Germany, France and Russia, who were involved in the so-called P5+1 talks that produced the JCPOA, deemed it necessary to provide the Obama “deal” with any legal basis of their own. Obama’s partners have simply decided that the deal he is promoting is really about lifting sanctions against Iran and nothing else.

So they have started doing just that without bothering about JCPOA’s other provisions. Britain has lifted the ban on 22 Iranian banks and companies blacklisted because of alleged involvement in deals linked to the nuclear issue.

German trade with Iran has risen by 33 percent, making it the Islamic Republic’s third-largest partner after China.

China has signed preliminary accords to help Iran build five more nuclear reactors. Russia has started delivering S300 anti-aircraft missile systems and is engaged in talks to sell Sukhoi planes to the Islamic Republic.

France has sent its foreign minister and a 100-man delegation to negotiate big business deals, including projects to double Iran’s crude oil exports.

Other nations have also interpreted JCPOA as a green light for dropping sanctions. Indian trade with Iran has risen by 17 percent, and New Delhi is negotiating massive investment in a rail-and-sea hub in the Iranian port of Chah-Bahar on the Gulf of Oman. With help from Austrian, Turkish and United Arab Emirates banks, the many banking restrictions imposed on Iran because of its nuclear program have been pushed aside.

“The structures of sanctions built over decades is crumbling,” boasts Iranian President Hassan Rouhani.

Meanwhile, the nuclear project is and shall remain “fully intact,” says the head of Iran’s Atomic Energy Agency, Ali Akbar Salehi.

“We have started working on a process of nuclear fusion that will be cutting-edge technology for the next 50 years,” he adds.

Even before Obama’s “implementation day,” the mullahs are receiving an average of $400 million a month, no big sum, but enough to ease the regime’s cash-flow problems and increase pay for its repressive forces by around 21 percent.

Last month, Iran and the P5+1 created a joint commission to establish the modalities of implementation of an accord, a process they wish to complete by December 2017 when the first two-year review of JCPOA is scheduled to take place and when Obama will no longer be in the White House. (If things go awry Obama could always blame his successor or even George W Bush.)

Both Obama and his Secretary of State John Kerry have often claimed that, its obvious shortcomings notwithstanding, their nuke deal with the “moderate faction” in Tehran might encourage positive changes in Iran’s behavior.

That hasn’t happened.

The mullahs see the “deal” as a means with which Obama would oppose any suggestion of trying to curb Iran.

“Obama won’t do anything that might jeopardize the deal,” says Ziba Kalam, a Rouhani adviser. “This is his biggest, if not the only, foreign policy success.”

If there have been changes in Tehran’s behavior they have been for the worst. Iran has teamed up with Russia to keep Bashar al-Assad in power in Syria, mocking Obama’s “Assad must go” rhetoric. More importantly, Iran has built its direct military presence in Syria to 7,000 men. (One of Iran’s most senior generals was killed in Aleppo on Wednesday.)

Tehran has also pressured Iraqi Premier Haidar al-Abadi’s weak government to distance itself from Washington and join a dubious coalition with Iran, Russia and Syria.

Certain that Obama is paralyzed by his fear of undermining the non-existent “deal” the mullahs have intensified their backing for Houthi rebels in Yemen. Last week a delegation was in Tehran with a long shopping list for arms.

In Lebanon, the mullahs have toughened their stance on choosing the country’s next president. And in Bahrain, Tehran is working on a plan to “ensure an early victory” of the Shiite revolution in the archipelago.

Confident that Obama is determined to abandon traditional allies of the United States, Tehran has also heightened propaganda war against Saudi Arabia, now openly calling for the overthrow of the monarchy there.

The mullahs are also heightening contacts with Palestinian groups in the hope of unleashing a new “Intifada.”

“Palestine is thirsty for a third Intifada,” Supreme Guide Khamenei’s mouthpiece Kayhan said in an editorial last Thursday. “It is the duty of every Muslim to help start it as soon as possible.”

Obama’s hopes of engaging Iran on other issues were dashed last week when Khamenei declared “any dialogue with the American Great Satan” to be” forbidden.”

“We have no need of America” his adviser Ali-Akbar Velayati added later. “Iran is the region’s big power in its own right.”

Obama had hoped that by sucking up to the mullahs he would at least persuade them to moderate their “hate-America campaign.” Not a bit of that.

“Death to America” slogans, adoring official buildings in Tehran have been painted afresh along with US flags, painted at the entrance of offices so that they could be trampled underfoot. None of the US citizens still held hostages in Iran has been released, and one, Washington Post stringer Jason Rezai, is branded as “head of a spy ring “in Tehran. Paralyzed by his fear of undermining the non-existent deal, Obama doesn’t even call for their release.

Government-sponsored anti-American nationwide events are announced for November, anniversary of the seizure of the US Embassy in Tehran. The annual “End of America” week-long conference is planned for February and is to focus on “African-American victims of US police” and the possibility of “self-determination for blacks.”

According to official sources “families of Black American victims” and a number of “black American revolutionaries” have been invited.

Inside Iran, Obama’s “moderate partners” have doubled the number of executions and political prisoners. Last week they crushed marches by teachers calling for release of their leaders. Hundreds of trade unionists have been arrested and a new “anti-insurrection” brigade paraded in Tehran to terrorize possible protestors.

The Obama deal may end up as the biggest diplomatic scam in recent history.

Iran deal violates federal law

Posted on October 8, 2015October 8, 2015 by Denise Simon

What does it look like when the president of the United States is a desperate man for a deal? Does he have a platoon of legal eagles searching law and then writing executive orders to finesse the law? The order from the White House is ‘FIND A LOOPHOLE’.

EXCLUSIVE: U.S. officials conclude Iran deal violates federal law

FNC: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.

Additional executive orders and statutes signed by President Obama, such as the Iran Nuclear Agreement Review Act, have reaffirmed that all prior federal statutes relating to sanctions on Iran shall remain in full effect.

For example, the review act – sponsored by Sens. Bob Corker (R-Tennessee) and Ben Cardin (D-Maryland), the chairman and ranking member, respectively, of the Foreign Relations Committee, and signed into law by President Obama in May – stated that “any measure of statutory sanctions relief” afforded to Iran under the terms of the nuclear deal may only be “taken consistent with existing statutory requirements for such action.” The continued presence of Iran on the State Department’s terror list means that “existing statutory requirements” that were set forth in ITRA, in 2012, have not been met for Iran to receive the sanctions relief spelled out in the JCPOA.

As the Iran deal is an “executive agreement” and not a treaty – and has moreover received no vote of ratification from the Congress, explicit or symbolic – 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.

Administration sources told Fox News it is the intention of Secretary of State John Kerry, who negotiated the nuclear deal with Iran’s foreign minister and five other world powers, that the re-opening of the “foreign sub” loophole by the JCPOA is to be construed as broadly as possible by lawyers for the State Department, the Treasury Department and other agencies involved in the deal’s implementation.

But the apparent conflict between the re-opening of the loophole and existing U.S. law leaves the Obama administration with only two options going forward. The first option is to violate ITRA, and allow foreign subsidiaries to be treated differently than U.S. parent firms. The second option is to treat both categories the same, as ITRA mandated – but still violate the section of ITRA that required Iran’s removal from the State Department terror list as a pre-condition of any such licensing.

It would also renege on the many promises of senior U.S. officials to keep the broad array of American sanctions on Iran in place. Chris Backemeyer, who served as Iran director for the National Security Council from 2012 to 2014 and is now the State Department’s deputy coordinator for sanctions policy, told POLITICO last month “there will be no real sanctions relief of our primary embargo….We are still going to have sanctions on Iran that prevent most Americans from…engaging in most commercial activities.”

Likewise, in a speech at the Washington Institute for Near East Policy last month, Adam Szubin, the acting under secretary of Treasury for terrorism and financial crimes, described Iran as “the world’s foremost sponsor of terrorism” and said existing U.S. sanctions on the regime “will continue to be enforced….U.S. investment in Iran will be prohibited across the board.”

Nominated to succeed his predecessor at Treasury, Szubin appeared before the Senate Banking Committee for a confirmation hearing the day after his speech to the Washington Institute. At the hearing, Sen. Tom Cotton (R-Arkansas) asked the nominee where the Obama administration finds the “legal underpinnings” for using the JCPOA to re-open the “foreign sub” loophole.

Szubin said the foreign subsidiaries licensed to do business with Iran will have to meet “some very difficult conditions,” and he specifically cited ITRA, saying the 2012 law “contains the licensing authority that Treasury would anticipate using…to allow for certain categories of activity for those foreign subsidiaries.”

Elsewhere, in documents obtained by Fox News, Szubin has maintained that a different passage of ITRA, Section 601, contains explicit reference to an earlier law – the International Emergency Economic Powers Act, or IEEPA, on the books since 1977 – and states that the president “may exercise all authorities” embedded in IEEPA, which includes licensing authority for the president.

However, Section 601 is also explicit on the point that the president must use his authorities from IEEPA to “carry out” the terms and provisions of ITRA itself, including Section 218 – which mandated that, before this form of sanctions relief can be granted, Iran must be removed from the State Department’s terror list. Nothing in the Congressional Record indicates that, during debate and passage of ITRA, members of Congress intended for the chief executive to use Section 601 to overturn, rather than “carry out,” the key provisions of his own law.

One administration lawyer contacted by Fox News said the re-opening of the loophole reflects circular logic with no valid legal foundation. “It would be Alice-in-Wonderland bootstrapping to say that [Section] 601 gives the president the authority to restore the foreign subsidiary loophole – the exact opposite of what the statute ordered,” said the attorney, who requested anonymity to discuss sensitive internal deliberations over implementation of the Iran deal.

At the State Department on Thursday, spokesman John Kirby told reporters Secretary Kerry is “confident” that the administration “has the authority to follow through on” the commitment to re-open the foreign subsidiary loophole.

“Under the International Emergency Economic Powers Act, the president has broad authorities, which have been delegated to the secretary of the Treasury, to license activities under our various sanctions regimes, and the Iran sanctions program is no different,” Kirby said.

Sen. Ted Cruz (R-Texas), the G.O.P. presidential candidate who is a Harvard-trained lawyer and ardent critic of the Iran deal, said the re-opening of the loophole fits a pattern of the Obama administration enforcing federal laws selectively.

“It’s a problem that the president doesn’t have the ability wave a magic wand and make go away,” Cruz told Fox News in an interview. “Any U.S. company that follows through on this, that allows their foreign-owned subsidiaries to do business with Iran, will very likely face substantial civil liability, litigation and potentially even criminal prosecution. The obligation to follow federal law doesn’t go away simply because we have a lawless president who refuses to acknowledge or follow federal law.”

A spokesman for the Senate Banking Committee could not offer any time frame as to when the committee will vote on Szubin’s nomination.

For more details and reading:

Sanctions on Foreign Subsidiaries Implemented Under Iran Threat Reduction Act

By Scott Maberry and Matthew Riemer on October 19, 2012 Posted in Sanctions

In the months since the signing of the Iran Threat Reduction and Syria Human Rights Act (which we will stubbornly continue to refer to here as “ITRA”), the Obama administration has worked to implement tougher sanctions against Iran. Although many of the ITRA regulations are not expected until early November, an Executive Order issued last week marked the beginning of a much stricter era of sanctions pursuant to ITRA, the Iran Sanctions Act of 1996 (ISA), and the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA).

On October 9, 2012, sixty days after President Obama signed ITRA into law, he issued Executive Order No. 13,628, extending U.S. Iran sanctions to cover foreign subsidiaries of U.S. parent companies, a prohibition that did not exist until promulgated in ITRA.[1] The Executive Order implements ITRA Section 218,[2] which we highlighted in our August 17, 2012 post, by providing that:

No entity owned or controlled by a United States person and established or maintained outside the United States may knowingly engage in any transaction, directly or indirectly, with the Government of Iran or any person subject to the jurisdiction of the Government of Iran, if that transaction would be prohibited by [the pre-existing Iran sanctions].

The Executive Order defines the term “entity” to mean “a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.” This is a slight expansion of the definition provided by Congress in Section 218, which does not include the words “group” or “subgroup.” The resulting definition appears to authorize sanctions where any group “controlled by” a U.S. person, regardless of whether the group is formally incorporated, conducts prohibited Iran-related business.

The Executive Order gives no quarter for existing contracts, and authorizes standard Office of Foreign Assets Control (OFAC) penalties against the U.S. person controlling the foreign entity. However, Subsection 4(c) of the Order provides that civil penalties shall not apply if the U.S. person divests or terminates its business with the foreign subsidiary not later than February 6, 2013.

The Order also directs that Secretaries of Treasury and State to issue regulations to implement several other provisions of ITRA (though the ITRA itself also directed the issuance of such regulations within 90 days of the effective date of the statute). Thus, Treasury regulations may be expected by around November 8, 2012 regarding several ITRA provisions, including the following:

Section 202, which requires the imposition of at least five ISA sanctions on any person who, on or after November 8, 2012, beneficially owns, operates, or controls a vessel that is used to transport crude oil from Iran to another country. This provision applies, however, only if the President determines under the National Defense Authorization Act that there is a sufficient supply of petroleum from countries other than Iran to permit petroleum purchasers to significantly reduce purchases from Iran;

Section 214, which increases the availability of sanctions on subsidiaries and agents of UN-sanctioned persons;

Section 215, which extends the availability of sanctions against persons connected to Iran’s weapons of mass destruction to any foreign financial institution who aids that person; and

Section 216 adds a new section to CISADA, expanding sanctions to apply to financial institutions connected to certain proliferation or terrorism activities of Iran or its National Guard.

In addition to the forthcoming regulations, the President is required to provide a great deal of information to Congress on and after November 8. Under section 211, the President must report to Congress on the identity of operators of vessels and persons that conduct or facilitate significant financial transactions that manage Iranian ports designated for sanctions under the International Emergency Economic Powers Act. Furthermore, the President must provide the identity of and the restrictions on individuals, including senior Iranian officials, Iranian Revolutionary Guard Corps Officials, foreign persons supporting the Iranian Revolutionary Guard, and foreign government agencies carrying out transactions with certain Iran-affiliated persons.[3]

The Secretaries of Treasury and State also are required to report to the relevant Congressional committees on certain aspects of the implementation of ITRA. Under Section 206, the Secretary of State must brief Congress on the implementation of the ISA by November 8, 2012, and every 120 days thereafter. The Secretary of Treasury, pursuant to sections 216 and 220, must report to Congress on the implementation of sanctions on persons and entities who provide financial assistance to proliferation and terrorism activities.

The pace of Iran sanctions has accelerated rapidly in recent months and should be expected to continue to increase over the near and medium term. We will continue to provide our analysis of new developments here.

[1] On the same day the Executive Order was issued, OFAC issued a “Frequently Asked Questions” document providing guidance with regard to the Order.

[2] Sec. 218 – Liability of Parent Companies for Violations of Sanctions by Foreign Subsidiaries (requiring the President and the Secretary of Treasury to promulgate regulations within 60 days of enactment).

[3] ITRA §§ 221, 301-303.