UN Blacklists Israeli Companies

Primer:Remember the United States crafted and offered a peace agreement between Israel, Hamas, the Palestinians just a few weeks ago. Reading below, note that ‘united nations’ is hardly what this blacklist encourages.

The UN High Commissioner for Human Rights published on Wednesday a “database” of companies doing business with Israeli settlements. The list includes 112 firms, 94 of them Israeli and the other 18 from six other countries, including the United States.

International Women’s Day: Top Inspirational Women Around ... Michelle Bachelet

The database was generated pursuant to Resolution 31/36, adopted by the UN Human Rights Council (UNHRC) on March 24, 2016, which calls upon the UN High Commissioner for Human Rights to produce a “database of all business enterprises” engaged in certain settlement-related activities in “the Occupied Palestinian Territory, including East Jerusalem.”

The database, also referred to as a blacklist, is inconsistent with U.S. law and policy. U.S. law, at 19 U.S.C. 4452(b)(4), states that Congress “opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel, such as boycotts of, divestment from, or sanctions against Israel.”

In addition, compliance with the blacklist could be inconsistent with the U.S. anti-boycott statute (50 U.S.C 4842), which has long been used to punish compliance with boycotts (and blacklists) fostered by the Arab League.

Boycotts spurred by the UNHRC and its blacklist would likely also run afoul of some or all of the two dozen U.S. state laws that require divestment from companies that boycott Israel (in some cases specifically defined to include Israeli settlements).

Compliance with a boycott fostered by the UNHRC and its blacklist may also cause U.S. companies to run afoul of the U.S. Treasury Department’s separate antiboycott regulations. The regulations implement the Ribicoff amendment to the Tax Reform Act of 1976. Internal Revenue Code section 999 requires U.S. taxpayers to report whether they (or corporations they control) have participated in or cooperated with boycotts not sanctioned by the U.S. government. According to the Treasury, U.S. persons who participate in such boycotts “may be subject to penalties that reduce their foreign tax credit, the benefits of foreign sales corporations, and the deferral available to U.S. shareholders of controlled foreign corporations.”

The blacklist also lacks a basis in international law. Indeed, international law does not prohibit business in disputed territories. Nor is doing such business inconsistent with the principles of corporate social responsibility (which are non-binding). That is the official view of the United Nations, expressed in its Global Compact document titled “Guidance on Responsible Business in Conflict-Affected and High-Risk Areas: A Resource for Companies and Investors.”

Finally, the legitimacy of the database is also thrown into doubt by the very makeup of the UNHRC, which includes as members many of the world’s worst human rights violators. Current UNHRC members sitting in judgment of Israel include the Democratic Republic of the Congo, Eritrea, Libya, Pakistan, Sudan, and Venezuela.

There are more than 100 territorial disputes in the world today, including in Crimea, Cyprus, Kashmir, Nagorno-Karabakh, Tibet, and Western Sahara. Yet only the West Bank and East Jerusalem were singled out for such a database. The decision to focus on Israel raises the question of whether the database is really about human rights, or rather about hypocritically bashing Israel.

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The list identified companies listed in the United States, France, the Netherlands, Luxembourg, Thailand and Britain.

Inclusion on the list had no immediate legal implications for the companies. But the issue is highly sensitive as companies named could be targeted for boycotts or divestment aimed at stepping up international pressure on Israel over its West Bank settlements.

Israeli President Reuven Rivlin expressed solidarity with the named businesses, saying, “Boycotting Israeli companies does not advance the cause of peace and does not build confidence between the sides.”

“We call on our friends around the world to speak out against this shameful initiative which reminds of dark periods in our history,” he added.

Israeli Prime Minister Benjamin Netnayahu said, “Whoever boycotts us will be boycotted. The UN Human Rights Council is a biased body that is devoid of influence. Not for nothing have I already ordered the severing of ties with it. It was also not for nothing that the American administration has taken this step together with us. In recent years, we have promoted laws in most US states, which determine that strong action is to be taken against whoever tries to boycott Israel. Therefore, this body is unimportant. Instead of the organization dealing with human rights, it only tries to disparage Israel. We strongly reject this contemptible effort.”

The head of Israel’s centrist Blue and White party — ex-IDF Chief of Staff Benny Gantz — tweeted, “A dark day for human rights. The UN high commissioner for human rights has lost touch with reality.”

Hillel Neuer — executive director of the Geneva-based UN Watch NGO — tweeted, “The list has no precedent & turns the UN into Ground Zero for the global anti-Israel boycott campaign.” More here.

 

Iran Announces No More Compliance to Nuclear Deal

Let’s begin with some side deals made that John Kerry, Barack Obama and Europe never admitted to shall we? Check the date of that tweet…I have been calling for President Trump to declassify documents related to all the years of negotiations since early 2017.

 

At least three media sources are reporting:

*Iran Says Will No Longer Comply With Nuclear Enrichment Limits Under 2015 Deal – Iran Media

*Iran Says Won’t Respect Nuclear Deal Commitments on Enrichment Uranium Stockpile, Purity, Research – Iran Media

*Iran Says Will Continue to Work with U.N. Atomic Agency Inspectors – Iran Media

There are written steps Iran must take to make changes to the JCPOA. There is no indication of what the steps are and when the steps will be taken. Iran is at the 5th and final step regarding non-compliance/commitment. Of particular note, since May, Iran has been reducing its nuclear commitments with a series of steps every 60 days already. Last November, Iran gave Britain, France and Germany yet another 60 day extension to salvage the deal or face further non-compliance. The deadline came and went.

The European Union has continued attempts for a diplomatic salvage, so far to no avail. Now, leaders are meeting in Brussels to discuss the nuclear deal and how to de-escalate tension since the strike to kill General Qasim Soleimani.

France is especially committed to the Iran nuclear deal and is urging Iran to stay with the landmark 2015 agreement.

Iran’s President Rouhani made a state television appearance stating it remains open to negotiations with European partners. Iran is desperate to sell its oil to Europe and to maintain trade with Europe as the Iranian economy is in a financial free-fall. Watch for epic smuggling directed by Iran….

The International Atomic Energy Agency has not yet responded regarding Iran’s assertion. Iranian officials are to meet in the coming days to discuss that final 5th step in separating from the nuclear deal. Iran has already previously broken limits of enrichment, stockpiles and centrifuges.

Meanwhile to further complicate tensions in the Middle East, Iran is pulling out the whole cultural protections law noted in the 1954 Hague Convention.

The 1954 Hague Convention, of which the U.S. is a party, bars any military from “direct hostilities against cultural property.” However, such sites can be targeted if they have been re-purposed and turned into a legitimate “military objective,” according to the International Committee of the Red Cross.

Iran, home to 24 UNESCO World Heritage sites, has in the past reportedly guarded the sprawling tomb complex of the Islamic Republic’s founder, Ayatollah Ruhollah Khomeini, with surface-to-air missiles.

This past November:

The head of Iran’s nuclear program said that Tehran was now operating double the amount of advanced centrifuges than was previously known in violation of its atomic deal with world powers.

The announcement came as Iranians marked the 40th anniversary of the 1979 U.S. Embassy takeover and start of the 444-day hostage crisis.

The decision to operate 60 IR-6 advanced centrifuges means that the country can produce enriched uranium 10 times as fast as the first-generation IR-1s allowed under the accord.

The nuclear deal limited Iran to using only 5,060 first-generation IR-1 centrifuges to enrich uranium by rapidly spinning uranium hexafluoride gas. Salehi also said Tehran was working on a prototype centrifuge that’s 50 times faster than those allowed under the deal.

By starting up these advanced centrifuges, Iran further cuts into the one-year time limit that experts estimate Tehran would need to have enough material to build a nuclear weapon, if it chose to pursue one.

Iran Identifies 35 Targets to Avenge Soleimani’s Death

For reference, the United States has an estimated 65,000 military personnel deployed in various locations throughout the Middle East.
Afghanistan: 14,000
Bahrain: 7,000
Iraq: 5200
Jordan: 3000
Kuwait: 13000
Oman: 300
Qatar: 14,000
Saudi Arabia: 3000
Syria: 700
Turkey: 2000
United Arab Emirates: 5000
If the tensions continue to rise, the United States has approval of 120,000 total troops in the region.

Iran does not have the resources or infrastructure to compete, but they can cause chaos.

So, as the Democrats are predicting and wrongfully so the makings of the full military conflict with Iran, there just wont be one.

Iranians typically wont fight outside their own country and hardly would inside such that the fighters are desperate Arabs from all kinds of countries wiling to do so for any kind of paycheck. That is what Qassim Soleimani built with his political charm and promises.
This is not to say that the Supreme Leader of Iran along with his president Hassan Rouhani wont certainly continue with attacks and some terror targets, they will ensure that the new Quds leader Esmail Ghaani has his orders. Any more robust military action by Iran wont happen anytime soon but the West must prepare the potential battle-spaces and harden soft targets as well as collect all intelligence possible. The United States has for sometime collected information on Iran and the reach the country has across the globe including our homeland. We information share with Israel and where needed with other allies.

The death of Soleimani wont result in any ground war offensive. It would take on the normal uses of drones, short range missile launches and even counter-cyber measures.

 The flag was unfurled on top of the Jamkaran Mosque, in Qom photo

The United States does expect more attacks and Iran has leaked out a general list along with their hoisting of the ‘red flag’ which indicates war above the Jamkaran Mosque in Qom.

Brigadier Ghulam Ali Abu Hamza, commander of the Iranian Revolutionary Guard Corps

The targets (35) can be anywhere that Iran has a footprint including Central and Latin America, Tel Aviv, Jordan, Lebanon, Syria, Lebanon, Cyprus, Thailand and even Africa. Military personnel, diplomatic staff and corporate civilian personnel have all been advised by both the U.S. State Department and the Department of Defense.

Based on previous attacks by Iran, they will likely continue to use limpets to strike oil tankers in the Straits of Hormuz. They may also use short or medium range missiles or drones to hit any of our naval fleet in the region including the Persian Gulf. Iran does have two classes of submarines, the Fateh Class and the Ghadir Class. The submarine fleet is a variation of Russian Kilo class ships equipped with Chinese EM-52 rocket assisted mines. Arming civilian fisherman with explosives such as those used to strike the USS Cole is an option. Iran does maintain anti-ship missiles launched from shore and it has a modest fleet of warships. Britain is said to ensure its commercial ships are escorted by at least two Royal Navy ships, the HMS Montrose and the HMS Defender.

Freighter ships and oil tankers are on alert for any of the above and have been given orders to report anything including waterway blockades.

 

Locked Shields Versus Iran

Since the death of several Iranian warlords including Qassim Soleimani, the United States has dispatched more military personnel to the Middle East. The Patriot missile batteries scattered in the region including in Bahrain are now at the ready. When it comes to cyber operations inside Iran, little is being discussed as a means of retribution against the United States. Iran does have cyber warfare capabilities and does use them.

It has been mentioned in recent days that President Trump has been quite measured in responding to Iran’s various attacks including striking Saudi oil fields, hitting oil tankers and shooting down one of the drones operated by the United States. In fact, the United States did respond directly after the downing of our drone by inserting an effective cyber-attack against Iran’s weapons systems by targeting the controls of the missile systems.

APT33 phishing Read details from Security Affairs.

Iran has an estimated 100,000 volunteer cyber trained operatives that has been expanding for the last ten years led by the Basij, a paramilitary network. The cyber unit known for controlling the Iranian missile launchers is Sepehr 110 is a large target of the United States and Israel. Iran also mobilizes cyber criminals and proxy networks including another one known as OilRig.

In 2018, the United States charged 9 Iranians (Mabna Hackers) for conducting massive cyber theft, wire fraud and identity theft that affected hundreds of universities, companies and other proprietary entities.

Due to a more global cyber threat by Iran known to collaborate with North Korea, China and Russia, NATO has been quite aggressive in cyber defense operations via the Cooperative Cyber Defense Center of Excellence applying the Locked Shields Program.

Not too be lost in the cyber threat conditions, Iran also uses their cyber team to blast out propaganda using social media platforms. If this sounds quite familiar, it is. The Russian propaganda operations manual is also being used by Iran. The bots and trolls are at work in Europe to keep France, Britain and Germany connected to the Iranian nuclear deal and to maintain trade operations with Iran including diplomatic operations. There are fake Iranian and Russian accounts still today all over Twitter and Facebook for which Europe is slow to respond if at all.

Meet APT33, which the West calls the Iranian hacking crew(s), the other slang name is Elfin. APT33 is not only hacking, but it is performing cyber-espionage as well. There are many outside government organizations researching and decoding Iran’s cyber operations that cooperate with inside U.S. government cyber operations located across the globe that also cooperate with NATO.

Recorded Future is one such non-government pro-active cyber operation working on Iran. These include attributions of cyber attacks by Iran against Saudi Arabia as well as the West by decoding phishing campaigns, relationships, malware and webshells and security breeches.

Recent published results include in part:

Nasr Institute and Kavosh Redux

In our previous report, “Iran’s Hacker Hierarchy Exposed,” we concluded that the exposure of one APT33 contractor, the Nasr Institute, by FireEye in 2017, along with our intelligence on the composition and motivations of the Iranian hacker community, pointed to a tiered structure within Iran’s state-sponsored offensive cyber program. We assessed that many Iranian state-sponsored operations were directed by the Iranian Revolutionary Guard Corps (IRGC) or the Ministry of Intelligence and Security (MOIS).

According to a sensitive Insikt Group source who provided information for previous research, these organizations employed a mid-level tier of ideologically aligned task managers responsible for the compartmentalized tasking of over 50 contracting organizations, who conducted activities such as vulnerability research, exploit development, reconnaissance, and the conducting of network intrusions or attacks. Each of these discrete components, in developing an offensive cyber capability, were purposefully assigned to different contracting groups to protect the integrity of overarching operations and to ensure the IRGC and/or MOIS retained control of operations and mitigated the risk from rogue hackers. Read more here in detail from a published summary of 6 months ago.

Still Defiant, Iran Doubles Uranium Centrifuges

RFERL: The UN’s nuclear watchdog has issued a report saying Iran is preparing for possible major expansion of uranium enrichment in a fortified underground facility.

The International Atomic Energy Agency’s (IAEA) quarterly report also says “extensive activities” — a reference to suspected sanitization efforts — at Iran’s Parchin military complex will hamper its investigation of possible past nuclear weapons development work there, if inspectors are granted access.

Nuclear Deal Silent on Iran’s Parchin Military Plant ... Parchin

The report says Iran has produced 189 kilograms of higher-grade enriched uranium since 2010 — up from 145 kilograms since May, when the previous quarterly report was issued.

The IAEA reported last year that Iran placed “a large explosives containment vessel” in Parchin in 2000 and constructed a building around it.

The facilities were designed to contain the detonation of up to 70 kilograms of high explosives — something the IAEA called “relevant to the development of an explosive nuclear device.”

Since that report, the IAEA has sought to send inspectors to the site of the suspected building but have been denied access by Iran to that part of the military base.

In recent months, the agency also has obtained information that indicates Iran has been busy cleaning up the suspected site, including tearing down some buildings and removing soil.

The last effort by the IAEA to convince Iran to let inspectors visit the site — where Iran denies clean-up activities are taking place — broke down in June when Tehran accused the agency of acting like an “intelligence organization.”

More Centrifuges At Fordow Site

ISIS NuclearIran › Iran In Brief Fordow

The IAEA’s latest report also says the number of enrichment centrifuges at Fordow has more than doubled to 2,140 from 1,064 in May.

The Fordow facility is extremely controversial for two reasons.

First, it is dug into a mountain, making it difficult to bomb — suggesting it could have a military purpose.

Secondly, the centrifuges at the facility are being used to enrich uranium to purities of 20 percent — far higher than the 4 percent needed for fuel for commercial reactors.

Iran has said it is producing the 20 percent-enriched fuel for use in research reactors to produce medical isotopes.

But arms-control experts worry that creating large stockpiles of 20 percent-enriched uranium makes it much easier for Iran to later complete the jump to 90 percent-enriched uranium needed for nuclear bombs.

In Washington, the White House said it was closely studying the fresh IAEA report.

In Tehran, Ayatollah Ali Khamenei, Iran’s supreme leader, denied his country is seeking to develop nuclear weapons, adding Iran will “never abandon its right for the peaceful use of nuclear energy.”

In what appears to be a sign of the IAEA’s growing concern over Iran’s nuclear activities, the agency this week revealed it was creating a special Iran “task force.”

The task force is to scrutinize Tehran’s nuclear program and its compliance with UN resolutions — including those demanding a suspension of uranium enrichment.

Iran has denied any interest in nuclear arms.

Meanwhile, Congresswoman Liz Cheney is introducing legislation to fully terminate all of the Iran nuclear deal including the remaining sanctions waivers.

Yet, it seems that Turkey, a NATO member and in major dispute with the United States over Syria has not only defied NATO rules and the United States but has fully allied with Russia but for sure now as well Iran.

FDD: The European Bank for Reconstruction and Development (EBRD) announced yesterday that it will sell its 10 percent stake in the Istanbul stock exchange after Turkey named as its CEO a Turkish banker convicted in U.S. court for his role in a multi-billion dollar scheme to evade Washington’s sanctions on Iran. Ankara’s move to reward a sanctions buster further strengthens the argument that Turkey has become a permissive jurisdiction for illicit finance.

Turkey’s sovereign wealth fund offered today to buy EBRD’s shares, which would increase the fund’s stake in the stock exchange to over 90 percent. EBRD’s exit will mean the departure of Borsa Istanbul’s only major foreign stakeholder at a critical moment in Turkey’s relations with its western allies. Ankara’s military operation in northeast Syria targeting the Syrian Democratic Forces – Washington’s key partner in the fight against the Islamic State – has drawn sweeping condemnation from the international community.

Five days after Ankara launched its Syria incursion, the U.S. Treasury Department imposed sanctions on three Turkish officials and Turkey’s ministries of energy and defense. That same week, the Southern District of New York filed an indictment charging Halkbank, a Turkish public lender, for its role in the multi-billion dollar gas-for-gold scheme to evade U.S. sanctions against Iran. Halkbank’s deputy general manager, Mehmet Hakan Atilla, in 2018 received a sentence of 32 months for his role in the affair. At the time of Atilla’s sentencing, Turkish President Recep Tayyip Erdogan condemned the trial as a political attack on his government.

Atilla returned to Turkey in July after serving his U.S. sentence. Last week, just days after U.S. federal prosecutors indicted Halkbank, Turkish Finance and Treasury Minister Berat Albayrak, who is also Erdogan’s son-in-law, named Atilla as CEO of the Istanbul stock exchange.

Atilla’s promotion is part of a string of appointments that showcase Erdogan’s policy of rehabilitating Iran sanctions busters and rewarding corrupt officials who further his personal ambitions. In September, Erdogan appointed former Minister for European Union Affairs Egemen Bagis as Turkey’s ambassador to Prague. Bagis had resigned from the ministry after a 2013 corruption scandal implicated him in accepting bribes related to the gas-for-gold scheme run through Halkbank.

Members of Erdogan’s Justice and Development Party (AKP) who dare criticize his policy of rehabilitating sanctions evaders continue to draw the Turkish president’s wrath. After publicly pronouncing strong opposition to Bagis’s ambassadorial appointment and other party policies, a senior AKP lawmaker, Mustafa Yeneroglu, resigned from the party yesterday after Erdogan commanded him to step down.

Another minister implicated in taking bribes as part of the Halkbank scheme, Zafer Caglayan, who served as minister of Economy in 2013 before resigning due to corruption allegations, has returned to political life as an AKP delegate from the Turkish city of Mersin. Caglayan is best known for accepting bribes of cash and jewelry worth tens of millions of dollars.

Erdogan’s rehabilitation of sanctions evaders continues to hurt Turkey’s image, economy, and investment climate. Ankara’s apparent disregard for U.S. sanctions, including those targeting Iran, Russia, and Venezuela, does not bode well for Washington or other NATO allies. Yet so far, President Donald Trump has shielded Erdogan from U.S. sanctions, the most recent of which he lifted after only nine days. In contrast, a biting sanctions bill focused on Turkey passed the House 403 to 16 on Tuesday. Like Congress, Trump should communicate to his Turkish counterpart that his policy of evading sanctions and rewarding sanctions busters could have dire consequences.