More Slime from The SWAMP

Mitch McConnell cancels Senate’s traditional August recess

In a brief written statement, he said: “Senators should expect to remain in session in August to pass legislation, including appropriations bills, and to make additional progress on the president’s nominees.” More here.

At least that is something right?

All of us are mad, no furious with members of Congress. Imagine when some of those members are more angry than YOU at the system?

Leadership works with lobbyists and then leaks to the media. And then you think you have the whole story. Ah, not at all.

Just a teaser for Episode 3 is below.

The Swamp from Daniel Lippman on Vimeo.

In 2017, Congressman Ken Buck of Colorado wrote a book titled Drain The Swamp. 

It is a great primer and a book that can be read in a day. What does go on behind closed doors in Congress? Yep, you will learn it fast. What about those committee assignments and chairmanships? Yep, they are bought. Have you considered discretionary spending? It is illegal. A large handful of congressional members are in fact on our side. Some are so disgusted they are leaving Congress.

Run out and buy the book: Drain the Swamp: How Washington Corruption is Worse than You ThinkCongressman Buck is hardly a rebel but there are those colleagues that say he is. BARTELS: Secretary Wayne Williams’ Denver Broncos shirt ... Yes due to the weapon on the wall for which he was investigated a few years ago.

Remember that shooting at the ballfield? Well, as an aside, prior to that these congressional members packed heat. Likely more are doing the same now.

Here are the members of the House Freedom Caucus who say they currently carry, or did as of 2013 (all are Republicans):

  • Alabama Rep. Gary Palmer
  • Alabama Rep. Mo Brooks
  • Arizona Rep. Paul Gosar
  • Arizona Rep. Matt Salmon
  • Arizona Rep. David Schweikert
  • Arizona Rep. Trent Franks
  • Colorado Rep. Ken Buck
  • Florida Rep. Ted Yoho
  • Florida Rep. Bill Posey
  • Indiana Rep. Marlin Stutzman
  • Louisiana Rep. John Fleming
  • Ohio Rep. Jim Jordan
  • South Carolina Rep. Jeff Duncan
  • South Carolina Rep. Mick Mulvaney
  • Tennessee Rep. Scott Desjarlais
  • Texas Rep. Randy Weber
  • Virginia Rep. Dave Brat

Brooks said the Second Amendment is the “bedrock” of all other amendments, and the pro gun-control argument that the Second Amendment only applies to a militia-owning firearms is preposterous.

“The purpose of the Second Amendment was to ensure that the citizenry could protect itself from a dictatorial and out-of-control government,” Brooks told TheDCNF.

“It has long been a primary goal of kings, dictators, communists, fascists and the like to disarm the citizenry so that there is minimal risk of opposition to centralized government, dictating to the citizenry that is unarmed and defenseless, and unable to assert their rights,” he said. (some of them have already left congress)

***

Facebook Shared your Data with 60+ Other Tech Companies

New privacy law forces some U.S. media offline in Europe

continue here where it has affected U.S. media.

It is a privacy war. It is data abuse. It is exploitation.

More than 50 companies including Apple and Amazon participated in the Facebook data-sharing partnership.

Have you noticed emails and terms of privacy has changed in volumes with those sites you often visit? Well we can thank Europe as the new privacy law went into effect in recent weeks.

On May 25, however, the power balance will shift towards consumers, thanks to a European privacy law that restricts how personal data is collected and handled. The rule, called General Data Protection Regulation or GDPR, focuses on ensuring that users know, understand, and consent to the data collected about them. Under GDPR, pages of fine print won’t suffice. Neither will forcing users to click yes in order to sign up. Read the details here.

But, it is suggested that you actually read what updates are in fact happening in the U.S., as it may not be all that protective. Fair warning and take caution, abuses may still continue.

Read on…it is no wonder that Facebook is running TV ads, but that still does not assure us our data is being abused.

Facebook: The Social Accelerator? | emergent by design photo

Facebook Gave Device Makers Deep
Access to Data on Users and Friends

The company formed data-sharing partnerships with Apple, Samsung and
dozens of other device makers, raising new concerns about its privacy protections.

As Facebook sought to become the world’s dominant social media service, it struck agreements allowing phone and other device makers access to vast amounts of its users’ personal information.

Facebook has reached data-sharing partnerships with at least 60 device makers — including Apple, Amazon, BlackBerry, Microsoft and Samsung — over the last decade, starting before Facebook apps were widely available on smartphones, company officials said. The deals allowed Facebook to expand its reach and let device makers offer customers popular features of the social network, such as messaging, “like” buttons and address books.

But the partnerships, whose scope has not previously been reported, raise concerns about the company’s privacy protections and compliance with a 2011 consent decree with the Federal Trade Commission. Facebook allowed the device companies access to the data of users’ friends without their explicit consent, even after declaring that it would no longer share such information with outsiders. Some device makers could retrieve personal information even from users’ friends who believed they had barred any sharing, The New York Times found.

Most of the partnerships remain in effect, though Facebook began winding them down in April. The company came under intensifying scrutiny by lawmakers and regulators after news reports in March that a political consulting firm, Cambridge Analytica, misused the private information of tens of millions of Facebook users.

In the furor that followed, Facebook’s leaders said that the kind of access exploited by Cambridge in 2014 was cut off by the next year, when Facebook prohibited developers from collecting information from users’ friends. But the company officials did not disclose that Facebook had exempted the makers of cellphones, tablets and other hardware from such restrictions.

“You might think that Facebook or the device manufacturer is trustworthy,” said Serge Egelman, a privacy researcher at the University of California, Berkeley, who studies the security of mobile apps. “But the problem is that as more and more data is collected on the device — and if it can be accessed by apps on the device — it creates serious privacy and security risks.”

In interviews, Facebook officials defended the data sharing as consistent with its privacy policies, the F.T.C. agreement and pledges to users. They said its partnerships were governed by contracts that strictly limited use of the data, including any stored on partners’ servers. The officials added that they knew of no cases where the information had been misused.

The company views its device partners as extensions of Facebook, serving its more than two billion users, the officials said.

“These partnerships work very differently from the way in which app developers use our platform,” said Ime Archibong, a Facebook vice president. Unlike developers that provide games and services to Facebook users, the device partners can use Facebook data only to provide versions of “the Facebook experience,” the officials said.

Some device partners can retrieve Facebook users’ relationship status, religion, political leaning and upcoming events, among other data. Tests by The Times showed that the partners requested and received data in the same way other third parties did.

Facebook’s view that the device makers are not outsiders lets the partners go even further, The Times found: They can obtain data about a user’s Facebook friends, even those who have denied Facebook permission to share information with any third parties.

In interviews, several former Facebook software engineers and security experts said they were surprised at the ability to override sharing restrictions.

“It’s like having door locks installed, only to find out that the locksmith also gave keys to all of his friends so they can come in and rifle through your stuff without having to ask you for permission,” said Ashkan Soltani, a research and privacy consultant who formerly served as the F.T.C.’s chief technologist.

Details of Facebook’s partnerships have emerged amid a reckoning in Silicon Valley over the volume of personal information collected on the internet and monetized by the tech industry. The pervasive collection of data, while largely unregulated in the United States, has come under growing criticism from elected officials at home and overseas and provoked concern among consumers about how freely their information is shared.

In a tense appearance before Congress in March, Facebook’s chief executive, Mark Zuckerberg, emphasized what he said was a company priority for Facebook users.“Every piece of content that you share on Facebook you own,” he testified. ”You have complete control over who sees it and how you share it.”

But the device partnerships provoked discussion even within Facebook as early as 2012, according to Sandy Parakilas, who at the time led third-party advertising and privacy compliance for Facebook’s platform.

“This was flagged internally as a privacy issue,” said Mr. Parakilas, who left Facebook that year and has recently emerged as a harsh critic of the company. “It is shocking that this practice may still continue six years later, and it appears to contradict Facebook’s testimony to Congress that all friend permissions were disabled.”

The partnerships were briefly mentioned in documents submitted to German lawmakers investigating the social media giant’s privacy practices and released by Facebook in mid-May. But Facebook provided the lawmakers with the name of only one partner — BlackBerry, maker of the once-ubiquitous mobile device — and little information about how the agreements worked.

The submission followed testimony by Joel Kaplan, Facebook’s vice president for global public policy, during a closed-door German parliamentary hearing in April. Elisabeth Winkelmeier-Becker, one of the lawmakers who questioned Mr. Kaplan, said in an interview that she believed the data partnerships disclosed by Facebook violated users’ privacy rights.

“What we have been trying to determine is whether Facebook has knowingly handed over user data elsewhere without explicit consent,” Ms. Winkelmeier-Becker said. “I would never have imagined that this might even be happening secretly via deals with device makers. BlackBerry users seem to have been turned into data dealers, unknowingly and unwillingly.”

In interviews with The Times, Facebook identified other partners: Apple and Samsung, the world’s two biggest smartphone makers, and Amazon, which sells tablets.

An Apple spokesman said the company relied on private access to Facebook data for features that enabled users to post photos to the social network without opening the Facebook app, among other things. Apple said its phones no longer had such access to Facebook as of last September.

Samsung declined to respond to questions about whether it had any data-sharing partnerships with Facebook. Amazon also declined to respond to questions.

Usher Lieberman, a BlackBerry spokesman, said in a statement that the company used Facebook data only to give its own customers access to their Facebook networks and messages. Mr. Lieberman said that the company “did not collect or mine the Facebook data of our customers,” adding that “BlackBerry has always been in the business of protecting, not monetizing, customer data.”

Microsoft entered a partnership with Facebook in 2008 that allowed Microsoft-powered devices to do things like add contacts and friends and receive notifications, according to a spokesman. He added that the data was stored locally on the phone and was not synced to Microsoft’s servers.

Facebook acknowledged that some partners did store users’ data — including friends’ data — on their own servers. A Facebook official said that regardless of where the data was kept, it was governed by strict agreements between the companies.

“I am dumbfounded by the attitude that anybody in Facebook’s corporate office would think allowing third parties access to data would be a good idea,” said Henning Schulzrinne, a computer science professor at Columbia University who specializes in network security and mobile systems. Keep reading here for specific details.

Deep Throat, Deep State and #SpyGate is Old News

C’mon remember the Watergate break-in? Former CIA operatives were part of that. But wait, Nixon himself was being surveilled by the FBI. Anna Chennault, a GOP operative had interesting connections all throughout Asia. Those relationships were of big concern to the FBI and the Bureau was tracking those connections. That was all related to the Paris Peace talks on North and South Vietnam. Due to FBI eavesdropping and collections of diplomatic cables, Lyndon Johnson knew all about Nixon’s subterfuge. Have we forgotten the secret Nixon tapes? Too bad we can’t ask Mark Felt questions, dead men tell no tales.

Using intelligence agencies is an old habit yet Obama appears to have made an art of that exploitation. Obama spied on journalists including James Rosen of Fox News. Obama likely approved of John Brennan’s operation to spy on the senate staffers working on the enhanced interrogation techniques report headed by Senator Dianne Feinstein. Heck, Obama spied on Angela Merkel of Germany. Enter the NSA, they have everything. Edward Snowden proved that right? Not too sure FISA warrants were ever really needed in the first place, think about that.

Spies, informants and operatives come in many forms. They can be staffers, hired ladies, lawyers, lobbyists, policy wonks, people having cocktails at conventions, summits or conferences where business cards are exchanged for later email/phone call follow-up.

It is all old news. Old news and old tactics that get refined to due electronic communications, apps and encryption.

So, how do we know about these activities? Follow the money for starters. Remember the DNC and Hillary law firm, Perkins Coie.

The Obama for America committee paid Perkins Coie around $3 million during the 2012 election cycle, according to filings with the Federal Election Commission, A vast majority of the payments were earmarked for “Legal Services.”

Was Fusion GPS hired by Obama to surveil on Romney for opposition research? Was the media involved? Oh yeah, remember that debate and the advanced questions?  Then of course we have Fusion GPS and Trump.

Okay, this brings us to the current #Spygate and the names bubbling to the surface.

One such name is Stefan Halper. During the presidential transition, Donald Trump’s top trade advisor Peter Navarro, recommended Halper for an ambassadorship. Heck Halper was in the White House Executive Office wing last summer to discuss Asia with particular emphasis on China.

Stefan Halper goes all the way back to the Reagan/Carter days. Oh, wait, even Gerald Ford and George HW Bush were included in Halper’s political history. Is there a difference between spying, intelligence collection and being a political operative? You decide.

There is more, How about Paul Corbin? He was a communist. And yes, he was an campaign operative too. He worked on the John F. Kennedy campaign. There was also ‘Debategate‘.

 

 

Moving on and do NOT hang your hat on Carter Page. Remember the Washington Post editorial board doing an early interview with Trump and a question arose about his foreign policy team? Well, Trump threw out 2 names from the hip, Carter Page and George Stephanopoulos. In fact neither had any quality role in the Trump operation. Another was Zalmay Khalilzad, former U.S. ambassador to Afghanistan, Iraq and the United Nations. Heck Trump never met Khalilzad. He remains a back channel fella with concerns still with Pakistan, Afghanistan and Iraq. Khalilzad was part of a money laundering investigation in 2014. Could he be an operative too?

Now take a moment and see the issue of Russian operatives and spies in the United States to understand how the FBI tails these people. In 2010, there was a spy swap (10 operatives) that included 2 key people. One such person was Anna Chapman who was assigned to get inside the Hillary State Department operation(s) and she did. The other is Sergei Skripal. He is the former Russian military officer and double agent that Russia just attempted to kill with Novichok, a nerve agent. Then there was this other double agent in New York that was captured in a counter-intelligence operation as a result of spy operations that work out of the Russian Mission to the United Nations.

Are you beginning to understand the other work of the FBI? President Bush expelled 50 Russians, Reagan expelled 55 Soviets and both Obama and Trump have expelled 35 and 60 respectively.

With those facts, does it stand to reason that the FBI rank and file agents are very concerned about foreign operatives in politics and campaigns? There is for sure an argument to be made that informants and plants are not only used by required.

Will we ever know all the puzzle parts to these cases? NO

Is #Spygate a one off with regard to President Trump? NO

Perhaps there is something yet to be discovered in Hillary’s missing emails or Peter and Lisa’s text messages. Hello IG report by Michael Horowitz.

The tactics are tried and true…however, when will the media much less the Republicans call out the abuse of power the Obama administration on all of this? In summary, the Trump administration should fight back and impeach those Obama operatives, what say you?

 

 

Gordon Chang is Right, Recall Chinese Diplomats

Today, May 20, Steve Mnuchin, Treasury Secretary announced the tariffs are on hold, pending some kind of a tentative agreement. Really Steve? This as the North Korea Kim/Trump talks are on shaky ground. China wants North Korea to have nuclear weapons, period.

China is a Leninist state. I spent a month on the mainland, I saw it.

A threat to the United States? Yes. To allies? Yes

China has overtly weaponized those pesky island with a H-6 bomber aircraft landing on Woody Island. Did President Xi share any of this with President Trump at that confab at Mar A Lago? The matter of the South China Sea and those disputed waters and island is hardly any new threat. It goes back to at least 2014 and President Obama was briefed often on the building Chinese aggression. There was a temporary Asia Pivot by Obama but it was merely a gesture in retrospect. That Asia Pivot hardly raised any eyebrows in Beijing.

The reason to recall diplomats and expel others from the United States? At least the first one, laser attack on our U.S. airmen.

8 May 2018 The two airmen reported symptoms of dizziness and seeing rings. Pointing lasers at aircraft is extremely dangerous. It can temporarily blind pilots, and in the United States it’s a federal offense. While the pilots are expected to make a full recovery, the incident raises questions about how far the United States will allow China to push it without pushing back.

But first let’s back up. What’s everyone doing in Djibouti, a tiny country in eastern Africa? America has a base in Djibouti because of its proximity to Yemen, a terrorist incubator. The 4,000 U.S. troops stationed there are tasked with conducting counter-terrorism operations in the region.

Djibouti - China Naval Base photo

What about China? Well, that’s a little more opaque. China opened its Djibouti base last August, claiming that its purpose is to help with anti-piracy patrols and other peacekeeping missions. It’s supposedly a logistics base, but here’s the thing: China doesn’t have foreign military bases anywhere in the world — except in Djibouti, eight miles from the U.S. base.

But is worse…anyone paying attention outside of Gordon Chang and Steven Mosher? Yes thankfully, Congress is. FINALLY

Suggest you watch this video, consider how much of it, if not all of it was stolen from the United States.

So, let us consider some of these items shall we?

  1. Why are we giving China access to our defense contractors? Additionally, there are cyber part operations and hacks of the F-22 and F-35.
  2. Who is challenging the BRI, Belt Road Initiative?
  3. The South China Sea is part of the Blue Water Territory. China is building a navy to be twice the size of that of the United States. That includes up to 12 nuclear powered carrier battle groups.
  4. No one challenged China on the Scarborough Shoal achievement, that is the new China model for hegemony.
  5. China wants all telecom advances developed by the United States for it’s fiber-liked command centers and is getting them. China wants to lead on 5G, then there is outer-space.
  6. China and Russia have an alliance on military, missile and hybrid tactics to alter the balance of global power.
  7. Then there was the China Argentina issue with the Falklands, again.
  8. China has instituted national re-education program. The program is a hallmark of China’s emboldened state security apparatus under the deeply nationalistic, hard-line rule of President Xi Jinping. It is partly rooted in the ancient Chinese belief in transformation through education – taken once before to terrifying extremes during the mass thought reform campaigns of Mao Zedong, the Chinese leader sometimes channeled by Xi.
  9. A significant Chinese operation is debt-trapping. Sri Lanka and the Philippines are already falling due to this.
  10. China forcing Venezuela to give up Blanquilla Island over debt.
  11. If you look at the Qing Dynasty, that is President Xi’s vision and Taiwan is an important key to that achievement. China Wants to Build a Massive Underwater Tunnel to Taiwan and to own/control Taiwan by 2020.
  12. OBOR, One Belt, One Road is a sophisticated trade strategy on a global scale and it threatens currency stability, port security, transportation channels and debt.

 

 

 

Jones Day Legal Counsel to European Corps, Iran Deal

Let’s begin with Ploughshares, shall we? Make sure you check the credits at the end of the video. Those that contributed money to the effort are listed here.

Meanwhile, there is a meeting scheduled in Vienna where Germany, France, Britain, Russia and China are to discuss saving the Iran nuclear deal. It is being chaired by Helga Schmid. Will it soon be called the Vienna nuclear deal?

Impact of U.S. Withdrawal from the Iran Nuclear Deal

May 2018

In Short

The Situation: On Tuesday, May 8, 2018, President Trump announced that the United States has withdrawn from the Iran Nuclear Deal and will fully reimpose its suspended sanctions targeting Iran.

The Result: All currently suspended U.S. sanctions in respect of Iran, including sanctions applicable to non-U.S. persons, will be reimposed by November 5, 2018.

Looking Ahead: The reimposition of U.S. sanctions will have limited impact on U.S. companies. However, foreign companies majority-owned or controlled by U.S. persons must now begin winding down any Iran-related activities. In contrast, the impact of the reimposition of U.S. sanctions on non-U.S. companies is less clear, and as the international response develops, non-U.S. companies will increasingly face a complex compliance landscape.


As reported earlier this week, on May 8, 2018, President Trump announced that the United States will reimpose, after specified wind-down periods, all nuclear-related sanctions lifted under the Joint Comprehensive Plan of Action (“JCPOA”) (commonly known as the “Iran Nuclear Deal”). As a result, the U.S. sanctions regime will revert to its pre-JCPOA scope by November 5, 2018.

In light of the comprehensive U.S. primary sanctions that remained in place after implementation of the JCPOA, President Trump’s announcement will have little impact on U.S. companies. In contrast, foreign subsidiaries of U.S. organizations and their non-U.S. counterparts face a dramatically changed compliance landscape. With the reimposition of U.S. extraterritorial, or secondary, sanctions, non-U.S. companies must navigate increasingly complex terrain as they assess continued engagement with Iran, compliance with U.S. sanctions, and the pending response of the other JCPOA signatories.

Immediate Impact

The background of the JCPOA, the resulting international sanctions relief, and President Trump’s criticism of the deal are, at this point, well-known (seeIran Nuclear Deal Reached; Sanctions Remain in Place,” “Implementation Day Triggers Significant Changes to International Sanctions Against Iran,” and “Potential Options for U.S. Sanctions on Iran Under the Trump Administration“). Although the policy implications of President’s Trump’s announcement may be subject to debate, the immediate impact is clear. In connection with the announcement, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued Frequently Asked Questions setting out a staged reimposition of U.S. sanctions over the next 90 to 180 days (subject to any extension that may be put in place by the United States at a later stage).

Following a 90-day wind-down period ending on August 6, 2018, the United States will reimpose its secondary sanctions targeting activities related to:

  • Iran’s automotive sector;
  • The sale, supply, or transfer, directly or indirectly, of graphite, raw or semi-finished metals (such as aluminum and steel), coal, and software for integrating industrial processes to or from Iran; and
  • Certain financial and banking transactions related to Iranian sovereign debt, the acquisition of U.S. dollar banknotes by the Government of Iran, the purchase or sale of Iranian rials, Iranian rial-denominated funds or accounts, and trade in gold or other precious metals.

During the same period, the United States will revoke the following authorizations:

  • The general license authorizing the importation into the United States of Iranian-origin carpets and foodstuffs (as well as certain related financial transactions);
  • All specific licenses (and subsequent wind-down authorizations) issued in connection with the Statement of Licensing Policy for Activities Related to the Export or Re-export to Iran of Commercial Passenger Aircraft and Related Parts and Services (“JCPOA SLP”); and
  • General License I, which authorized certain transactions related to negotiating and entering contingent contracts for activities covered by the JCPOA SLP.

Following a 180-day wind-down period ending on November 4, 2018, the United States will reimpose its secondary sanctions targeting activities related to:

  • Certain transactions by foreign financial institutions with, and provision of specialized financial messaging to, the Central Bank of Iran and/or designated Iranian financial institutions;
  • Certain categories of transactions related to Iran’s energy sector, including certain investments (such as participation in joint ventures); provision of goods, services, technology or technical support; the purchase, sale, transport, or marketing of petroleum, petrochemical products, and/or natural gas to or from Iran; and transactions with certain designated persons (such as the National Iranian Oil Company, Naftiran Intertrade Company, and National Iranian Tanker Company);
  • Certain transactions involving Iran’s port operators and/or related to Iran’s shipping and shipbuilding sectors, including activities involving the Islamic Republic of Iran Shipping Lines, South Line Iran, or their affiliates; and
  • The provision of certain insurance, reinsurance, and underwriting services.

Effective November 5, 2018, the United States will also revoke General License H (and any subsequent wind-down authorizations issued in connection with that general license), which previously authorized foreign entities majority-owned or controlled by U.S. persons to engage in most transactions involving Iran. It appears all other Iran-related general and specific licenses, including licenses issued under the Trade Sanctions Reform and Export Enhancement Act of 2000 (“TSRA”), issued by OFAC will remain unaffected.

Finally, no later than November 5, 2018, the United States will redesignate all persons who had been removed, through the JCPOA, from the List of Specially Designated Nationals and Blocked Persons and/or other U.S. sanctioned parties lists.

Consequently, by November 5, 2018, the United States is currently expected to have reimposed all sanctions that had been lifted pursuant to the JCPOA.

Near- and Long-Term Implications

As a practical matter, the reimposition of U.S. sanctions suspended under the JCPOA will have limited impact on U.S. companies. As noted in our prior Alerts and Commentaries, substantial U.S. sanctions in relation to Iran have remained in place and continued to prohibit U.S. persons from engaging, directly or indirectly, in virtually all transactions or dealings with Iran without authorization.

The reimposition of U.S. sanctions will, however, have immediate impact on non-U.S. organizations that are majority-owned or controlled by U.S. persons and on U.S.-linked aviation companies. As noted above, the United States intends to revoke all specific and general licenses issued in connection with the JCPOA “as soon as administratively feasible,” including General License H and aviation-specific licenses issued under the JCPOA SLP and General License I. In their place, OFAC intends to issue authorizations that will likely narrowly authorize only activities necessary to wind down previously authorized activities. Companies that rely on these authorizations should immediately reassess their existing Iran-related activities, including in-process and pending transactions, in order to prepare to wind down Iran-related activities and ensure compliance with U.S. sanctions during the wind-down period.

The near- and long-term implications of President’s Trump announcement for non-U.S. companies are less clear. Non-U.S. persons are not, with limited exceptions, subject to U.S. primary sanctions. However, U.S. secondary sanctions provide for an array of penalties that, in effect, foreclose access to U.S. markets—a meaningful deterrent for non-U.S. companies. The United States appears poised to rigorously enforce the renewed sanctions and has advised non-U.S. companies to begin winding up soon-to-be sanctionable activities to avoid exposure to sanctions or an enforcement action when the applicable wind-down period ends.” Continued engagement with Iran will therefore become an increasingly fraught proposition for non-U.S. persons, and one that may be further complicated by the international community’s response to the United States’ withdrawal.

In that regard, following President Trump’s announcement, the European Union has reiterated its commitment to “the continued full and effective implementation of the JCPOA,” as long as Iran meets its nuclear-related obligations, adding that it “is determined to work with the international community” to preserve the deal. Although the European Union has not yet indicated any measures it may implement to preserve the JCPOA, it suggested earlier this year that it may expand its Blocking Regulation—Council Regulation (EC) No. 2271/96 of November 22, 1996—to protect EU-based organizations doing business in Iran following any U.S. withdrawal.

The Blocking Regulation was adopted in 1996 by the European Union (European Communities at the time) in response to the extraterritorial application of U.S. sanctions against Cuba, Iran, and Libya. It prohibits EU companies from complying with blocked sanctions “whether directly or through a subsidiary or other intermediary person, actively or by deliberate omission.” The importance of the Blocking Regulation in the last decade has been limited. This would change if the scope of its application is expanded to cover the U.S. secondary sanctions in relation to Iran, possibly protecting EU companies from enforcement of U.S. judgments or administrative decisions giving effect to the secondary sanctions.

Historically, enforcement of the Blocking Regulation has generally been very limited, but expanding its scope now has the potential to lead to increased enforcement actions across Europe. An expanded Blocking Regulation would, however, place EU companies squarely between the competing demands of U.S. sanctions and EU and national requirements. The European Union may also try to negotiate an exemption for EU companies from the reimposition of the U.S. sanctions. The prospects of relief for EU companies under either approach remains uncertain.

China and Russia have likewise consistently reaffirmed their commitment to the JCPOA, and in a joint statement last month confirmed their “unwavering support” for the deal. In light of current tensions between the United States and Russia and China, it seems unlikely that the U.S. withdrawal will lead Russia or China to alter its commitment to the JCPOA or have a substantial impact on Russian and Chinese business interests in Iran.

As the international response to the U.S. withdrawal from the JCPOA develops, non-U.S. companies should take steps to protect their interests in light of the pending reimposition of U.S. sanctions. In particular, non-U.S. companies should reassess their Iran-related activities to determine their potential liability under the soon-to-be imposed U.S. secondary sanctions and/or any potential blocking statutes; open dialogues with their financial institutions, insurers, and other service providers regarding any Iran-related activities; and, significantly, prepare to possibly wind down any potentially sanctionable Iran-related activities in order to move promptly to comply with U.S. secondary sanctions, if warranted.

Jones Day will continue to monitor developments and provide updates.


Three Key Takeaways

  1. The U.S. withdrawal from the Iran nuclear agreement will result in the reimposition of sanctions that had been lifted as part of JCPOA, or, the “Iran Nuclear Deal.”
  2. Because the comprehensive U.S. primary sanctions remained in place after implementation of JCPOA, the withdrawal and reimposition of sanctions hold few consequences for U.S. companies.
  3. However, foreign subsidiaries of U.S. organizations and their non-U.S. counterparts face a markedly altered compliance situation, and those companies affected should take decisive and deliberate measures to protect their interests.