Category Archives: Treasury

Subpoena Tim Geithner About the Uranium One Deal for Starters

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Ever wonder where any Hillary emails are with regard to this case both as Secretary of State or through the Clinton Foundation? Perhaps Huma knows all…did Obama’s OFA take any kickbacks? What else is out there that the Obama administration hid from congress and oversight? Anyway read on for context and the people line-up.
Under the Treasury Department is also the responsibility of sanctions and where waivers to those sanctions occur.

The Secretary of the Treasury is the Chairperson of CFIUS, and notices to CFIUS are received, processed, and coordinated at the staff level by the Staff Chairperson of CFIUS, who is the Director of the Office of Investment Security in the Department of the Treasury.

The members of CFIUS include the heads of the following departments and offices:

  1. Department of the Treasury (chair)
  2. Department of Justice
  3. Department of Homeland Security
  4. Department of Commerce
  5. Department of Defense
  6. Department of State
  7. Department of Energy
  8. Office of the U.S. Trade Representative
  9. Office of Science & Technology Policy

The following offices also observe and, as appropriate, participate in CFIUS’s activities:

  1. Office of Management & Budget
  2. Council of Economic Advisors
  3. National Security Council
  4. National Economic Council
  5. Homeland Security Council

The Director of National Intelligence and the Secretary of Labor are non-voting, ex-officio members of CFIUS with roles as defined by statute and regulation.

Of note for the Uranium One transaction to happen, unless there was a waiver:

What steps can be taken with respect to information required by § 800.402 to further facilitate CFIUS review?

Suggestions include:

  1. Section 800.402(j)(1) requires submission of organizational charts showing control and ownership of the foreign person that is a party to the transaction.  CFIUS’s review would be aided if the parties provide such charts for the U.S. business and if the charts for the U.S. business and the foreign person diagram the ownership chains for the acquirer and target before and after the transaction being notified to CFIUS.  These should be as extensive and detailed as possible.
  2. Sections 800.402(c)(1)(iii) and (v) require submission of information related to the foreign person and its parents.  CFIUS’s review would be aided if the notice identifies whether the actual party in interest is the party to the transaction or one of the parents of the party to the transaction.  CFIUS does not consider special purpose vehicles, wholly-owned subsidiaries established for the sole purpose of the transaction, or other shell companies to be the actual parties in interest in a transaction.
  3. Sections 800.402(c)(3)(iii) and (iv) require information regarding certain United States Government contracts.  Parties are advised to update and verify United States Government contact information for such contracts. Private sector entities not party to the notice are not acceptable points-of-contact for contracts in question.
  4. Filers should ensure that all files in the electronic version of a notice are less than five megabytes (5MB) in size.

What steps, though not required for a notice to be determined complete, may facilitate CFIUS review?

  1. CFIUS agencies have found it very helpful in the past for filing companies to provide the following additional information, even if the activity is not the primary focus of their commercial operations.  CFIUS often requests this information after a voluntary notice has been accepted if it was not included in the initial filing.
    1. Cyber systems, products, services:  Identify whether the U.S. business being acquired develops or provides cyber systems, products, or services, including:
      • Business systems used to manage or support common business processes and operations (for example, enterprise resource planning, e-commerce, email, and database systems); control systems used to monitor, assess, and control sensitive processes and physical functions (for example, supervisory control, data acquisition, process and distributed control systems); safety, security, support, and other specialty systems (for example, fire, intrusion detection, access control, people mover, and heating, ventilating, and air conditioning systems); or
      • (ii) Telecommunications and/or Internet or similar systems, products or services.
    2. Natural resources:  Identify whether the U.S. business being acquired processes natural resources and material or produces and transports energy, and the amount processed, produced, or transported annually.
  2. Discussion in the notice of the business rationale for the transaction may be useful.
  3. The regulations require parties to provide information regarding any other applicable national security-related regulatory authorities, such as the ITAR, EAR, and NISPOM.  Some of the regulatory review processes under these authorities may have longer deadlines than the CFIUS process, and parties to transactions affected by these other reviews may wish to start or complete these processes prior to submitting a voluntary notice to CFIUS under section 721.

The FBI has a network of informants domestically and it did the job it is tasked to do, that is until the Holder Justice Department ensured it could no longer do the job with regard to the Uranium One Case.

Before the Obama administration approved a controversial deal in 2010 giving Moscow control of a large swath of American uranium, the FBI had gathered substantial evidence that Russian nuclear industry officials were engaged in bribery, kickbacks, extortion and money laundering designed to grow Vladimir Putin’s atomic energy business inside the United States, according to government documents and interviews.

Federal agents used a confidential U.S. witness working inside the Russian nuclear industry to gather extensive financial records, make secret recordings and intercept emails as early as 2009 that showed Moscow had compromised an American uranium trucking firm with bribes and kickbacks in violation of the Foreign Corrupt Practices Act, FBI and court documents show.

They also obtained an eyewitness account — backed by documents — indicating Russian nuclear officials had routed millions of dollars to the U.S. designed to benefit former President Bill Clinton’s charitable foundation during the time Secretary of State Hillary Clinton served on a government body that provided a favorable decision to Moscow, sources told The Hill.

The racketeering scheme was conducted “with the consent of higher level officials” in Russia who “shared the proceeds” from the kickbacks, one agent declared in an affidavit years later.

When this sale was used by Trump on the campaign trail last year, Hillary Clinton’s spokesman said she was not involved in the committee review and noted the State Department official who handled it said she “never intervened … on any [Committee on Foreign Investment in the United States] matter.”

In 2011, the administration gave approval for Rosatom’s Tenex subsidiary to sell commercial uranium to U.S. nuclear power plants in a partnership with the United States Enrichment Corp. Before then, Tenex had been limited to selling U.S. nuclear power plants reprocessed uranium recovered from dismantled Soviet nuclear weapons under the 1990s Megatons to Megawatts peace program.

Vadim Mikerin was a director of Rosatom’s Tenex in Moscow since the early 2000s, where he oversaw Rosatom’s nuclear collaboration with the United States under the Megatons to Megwatts program and its commercial uranium sales to other countries. In 2010, Mikerin was dispatched to the U.S. on a work visa approved by the Obama administration to open Rosatom’s new American arm called Tenam.

The kickbacks were known by the FBI, they had to happen to advance the case and to allow them as evidence of wrong-doing.

His, Mikerin’s, illegal conduct was captured with the help of a confidential witness, an American businessman, who began making kickback payments at Mikerin’s direction and with the permission of the FBI. The first kickback payment recorded by the FBI through its informant was dated Nov. 27, 2009, the records show.

In evidentiary affidavits signed in 2014and 2015, an Energy Department agent assigned to assist the FBI in the case testified that Mikerin supervised a “racketeering scheme” that involved extortion, bribery, money laundering and kickbacks that were both directed by and provided benefit to more senior officials back in Russia. More here.

Mikerin indictment document here.

The plea deal and 2 associated cases here.

Mikerin was sentenced to 4 years and forfeited $2,126,622.36  :

According to court documents, Mikerin was the director of the Pan American Department of JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation and the sole supplier and exporter of Russian Federation uranium and uranium enrichment services to nuclear power companies worldwide, and the president of TENAM Corporation, a wholly owned subsidiary and the official representative of TENEX. Court documents show that between 2004 and October 2014, conspirators agreed to make corrupt payments to influence Mikerin and to secure improper business advantages for U.S. companies that did business with TENEX, in violation of the Foreign Corrupt Practices Act (FCPA). Mikerin admitted that he conspired with Daren Condrey, Boris Rubizhevsky and others to transmit approximately $2,126,622 from Maryland and elsewhere in the United States to offshore shell company bank accounts located in Cyprus, Latvia and Switzerland with the intent to promote the FCPA violations. Mikerin further admitted that the conspirators used consulting agreements and code words to disguise the corrupt payments.

Condrey, 50, of Glenwood, Maryland, pleaded guilty on June 17, 2015, to conspiracy to violate the FCPA and conspiracy to commit wire fraud. Rubizhevsky, 64, of Closter, New Jersey, pleaded guilty on June 15, 2015, to conspiracy to commit money laundering. Condrey and Rubizhevsky await sentencing.

***

Mikerin

 

Officials Potentially Influenced (Name; Title; Organization): 

  • Vadim Mikerin; President; TENAM Corporation
  • Vadim Mikerin; Director of the Pan American Department; JSC Techsnabexport (“TENEX”)

Defendant-Related Entities Involved in the Misconduct:    N/A

Third-Party Intermediary:   

  • Cypriot shell company , Shell Company
  • Latvian shell company , Shell Company
  • Swiss shell company , Shell Company
  • Vadim Mikerin , Agent/Consultant/Broker

 

Iran Nuclear Deal has a Complaint Commission

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It is known as the Annex IV – Joint Commission

The Joint Commission will meet on a quarterly basis and at any time upon request of
a JCPOA participant to the Coordinator. The Coordinator will convene a meeting of
the Joint Commission to be held no later than one week following receipt of such a
request, except for consultations in accordance with Section Q of Annex I and any
other matter that the Coordinator and/or a JCPOA participant deem urgent, in which
case the meeting will be convened as soon as possible and not later than three
calendar days from receipt of the request.

Except as provided in Section 6 of this Annex which will be subject to the
confidentiality procedure of the UN, the work of the Joint Commission is confidential
and may be shared only among JCPOA participants and observers as appropriate,
unless the Joint Commission decides otherwise.
Based on where Congress takes this JCPOA with action and or clarity. the Iranian Supreme leader is turning once again to European leaders as he threatens to perhaps even shred it.
***
ANKARA (Reuters) – Iranian Supreme Leader Ayatollah Ali Khamenei said on Wednesday Tehran would stick to its 2015 nuclear accord with world powers as long as the other signatories respected it, but would “shred” the deal if Washington pulled out, state TV reported.

Khamenei spoke five days after U.S. President Donald Trump adopted a harsh new approach to Iran by refusing to certify its compliance with the deal, reached under Trump’s predecessor Barack Obama, and saying he might ultimately terminate it.

“I don’t want to waste my time on answering the rants and whoppers of the brute (U.S.) president,” Khamenei said in a speech to students in Tehran quoted by state television.

“Trump’s stupidity should not distract us from America’s deceitfulness … If the U.S. tears up the deal, we will shred it … Everyone should know that once again America will receive a slap in its mouth and will be defeated by Iranians.”

Trump’s move put Washington at odds with other parties to the accord – Britain, France, Germany, Russia, China and the European Union – who say Washington cannot unilaterally cancel an international accord enshrined by a U.N. resolution.

Khamenei, who has the final say on Iran’s state matters, welcomed European support but said it was not sufficient.

“European states stressed their backing for the deal and condemned Trump … We welcomed this, but it is not enough to ask Trump not to rip up the agreement. Europe needs to stand against practical measures (taken) by America.”

Under the deal, Iran agreed to curb its disputed uranium enrichment program in return for relief from international sanctions that crippled its economy, and U.N. nuclear inspectors have repeatedly certified Tehran’s compliance with the terms.

Trump accuses Iran of supporting terrorism and says the 2015 deal does not do enough to block its path to acquiring nuclear weapons. Iran says it does not seek nuclear arms and in turn blames the growth of militant groups such as Islamic State on the policies of the United States and its regional allies.

In decertifying the nuclear deal last week, Trump gave the U.S. Congress 60 days to decide whether to reimpose economic sanctions on Tehran that were lifted under the pact.

“DO NOT INTERFERE”

In a major shift in U.S. policy, Trump also said Washington will take a more confrontational approach to Iran over its ballistic missile program and its support for extremist groups in the Middle East.

Tehran has repeatedly pledged to continue what it calls a defensive missile capability in defiance of Western criticism. The United States has said Iran’s stance violates the 2015 deal in spirit as missiles could be tipped with nuclear weapons.

Tehran has said it seeks only civilian nuclear energy from its enrichment of uranium, and that the program has nothing to do with missile development efforts.

EU foreign ministers on Monday urged U.S. lawmakers not to reimpose sanctions on Tehran but also discussed Iran’s missile program, which they want to see dismantled.

“They must avoid interfering in our defense program … We do not accept that Europe sings along with America’s bullying and its unreasonable demands,” Khamenei said.

“They (Europeans) ask why does Iran have missiles? Why do you have missiles yourselves? Why do you have nuclear weapons?”

The Trump administration has imposed new unilateral sanctions targeting Iran’s missile activity. It has called on Tehran not to develop missiles capable of delivering nuclear bombs. Iran says it has no such plans.

N Korean Hackers’ Heist from Taiwan Bank

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Taiwan Bank Heist Linked to North Korean Hackers

A recent cyber-heist that targeted a bank in Taiwan has been linked by security researchers to an infamous threat group believed to be operating out of North Korea.

Hackers exploited the SWIFT global financial network to steal roughly $60 million from Taiwan’s Far Eastern International Bank. The money was transferred to several countries, but bank officials claimed they had managed to recover most of it. Two individuals were arrested earlier this month in Sri Lanka for their role in the operation.

Researchers at BAE Systems have identified some of the tools used in the attack and found connections to the North Korean threat actor known as Lazarus. This group is also believed to be behind the 2014 attack on Sony Pictures and campaigns targeting several banks, including Bangladesh’s central bank.

The attack on the Bangladesh bank, which resulted in the theft of $81 million, also involved the SWIFT system. Similar methods were also used to target several other banks, but SWIFT said some of the operations failed due to the new security measures implemented by the company.

While it’s still unclear how attackers gained access to the systems of Far Eastern International Bank, an analysis of various malware samples apparently involved in the attack suggests that the hackers may have used a piece of ransomware as a distraction.

The ransomware involved in the attack is known as Hermes. According to Bleeping Computer, the threat surfaced in February and its latest version has an encryption mechanism that makes it impossible to recover files without paying the ransom.

However, researchers at McAfee discovered that the Hermes variant used in the attack on the Taiwanese bank did not display a ransom note, which led them to believe it may have been only a distraction.

“Was the ransomware used to distract the real purpose of this attack? We strongly believe so,” McAfee researchers said. “Based on our sources, the ransomware attack started in the network when the unauthorized payments were being sent.”

BAE Systems has seen samples that drop a ransom note in each encrypted folder, but even they believe Hermes may have been used to distract the bank’s security team.

Another malware sample linked by BAE Systems to this attack is a loader named Bitsran, which spreads a malicious payload on the targeted network. This threat contained what appeared to be hardcoded credentials for Far Eastern International’s network, which suggests the threat group may have conducted previous reconnaissance.

Some pieces of malware discovered by BAE Systems are known to have been used by the Lazarus group, including in attacks aimed at financial organizations in Poland and Mexico. The malware includes commands and other messages written in Russia, which experts believe is likely a false flag designed to throw off investigators.

It’s worth noting that the Hermes ransomware samples checked the infected machine’s language settings and stopped running if Russian, Ukrainian or Belarusian was detected. This is common for malware created by Russian and Ukrainian hackers who often avoid targeting their own country’s citizens. However, this could also be a false flag.

Another piece of evidence linking the Taiwan bank attacks to Lazarus is the fact that money was transferred to accounts in Sri Lanka and Cambodia, similar to other operations attributed to the group.

Some experts believe that these bank heists and the WannaCry attack, which has also been linked by some to Lazarus, are campaigns launched by North Korea for financial gain. However, many of these operations don’t appear to have been very successful on this front.

“Despite their continued success in getting onto payment systems in banks, the Lazarus group still struggle getting the cash in the end, with payments being reversed soon after the attacks are uncovered,” BAE Systems researchers explained.

“The group may be trying new tricks to disrupt victims and delay their ability to respond – such as different message formats, and the deployment of ransomware across the victim’s network as a smokescreen for their other activity. It’s likely they’ll continue their heist attempts against banks in the coming months and we expect they will evolve their modus operandi to incorporate new ways of disrupting victims (and possibly the wider community) from responding,” they added.

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*** Related reading: The Lazarus (aka DarkSeoul group) is allegedly controlled by Bureau 121, a division of the Reconnaissance General Bureau, a North Korean intelligence agency. Bureau 121 is responsible for conducting military cyber campaigns.

*** By the way, some of the North Korean hackers not only operate in China but many of those hackers are from India….

6,000 is the number of hackers working for North Korea, traced by American and British security officials.
Once scoffed at, North Korea’s cyber technology has now developed to a brink where it can create a havoc in the world’s cybersecurity. From theft to political agenda, North Korea now launches attacks in the form of ransomware, digital bank heists, online video game cracks and Bitcoin exchanges.

In the first week of October, India’s Ministry of External Affairs issued a strongly-worded statement condemning North Korea for conducting a powerful nuclear test. Few weeks down the line, a stunning report from the New York Times claims that India serves as a base for North Korea’s cyber warfare.

Citing a report by the Recorded Future, the American publication said nearly a fifth of the Pyongang’s attacks originate from India.

The report claims that most of North Korean cyber operations are carried out from foreign countries like India, Malaysia, New Zealand, Nepal, Kenya, Mozambique, and Indonesia. While in some cases, the North Korean hackers route their attacks through their computers from abroad, in cases like that in India, hackers are physically stationed to carry out attacks.

The cyber mission as envisaged by Kim Jong-il in the 1990s was expanded by his dictator son Kim Jong-Un after he took power in 2011.

On of the most successful cyber attacks carried out by North Korea dates back to 2014 on Sony pictures to prevent them from releasing a comedy film that was based on the assassination of Kim Jong Un.

Last May, a widespread global ransomware attack caused panic and briefly stalled the Britain’s National Health Services.

The digital bank heists in Philippines in 2015 and in Vietnam in the same year also earned them some hard cash from cyber attacks.

The report by Recorded Future also indicates that India, despite serving as a base for North Korea’s cyberwar, also remains at a potential threat from similar attacks. While the world lives under the fear of North Korea emerging as a nuclear superpower, the country is silently building a strong brigade of hackers.

Trump Sanctions IRGC, Iran’s Terror History

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For a list of sanctions placed on Iran, Hezbollah and the Iranian Revolutionary Guard Corps, go here.

Today, President Trump delivered his talk about formally decertifying the JCPOA and naming all of the IRGC a terror organization, finally. This is a significant decision and it puts countries like Iraq, Yemen, Syria and Lebanon on notice to purge all IRGC from their territories.

Earlier this week, the Trump administration was laying the groundwork as it related to Hezbollah by offering a reward for 2 Hezbollah leaders.

None of these actions are without future conflict and militancy by Iran. Just in recent days, the Iranian militia in Iraq it appears has been planting advanced EFP’s, where one did in fact kill an American military soldier that was on a major road in Salahuddin province, north of Baghdad

“It was a classic ambush spot,” White said of the assault site, adding that the penetrator used was steel. Operation Inherent Resolve spokesman Army Col. Ryan Dillon did not cast blame on any particular actor on the battlefield telling the Washington Post, “investigations are continuing into the type and quality of the bomb to better determine where it originated. To say whether or not ISIS did it or not — we have not determined that yet. We are not ruling anything out.”

Chairman of the Joint Chiefs of Staff Marine Gen. Joseph Dunford told Congress in 2015, “I know the total number of soldiers, sailors, airmen and Marines that were killed by Iranian activities, and the number has been recently quoted as about 500,” in a reference to EFP use in Iraq.

“What makes E.F.P.’s so deadly is that they form “slugs” at detonation that maintain their shape over distances of over 100 yards or more, traveling at speeds of nearly a mile per second. This allowed insurgent forces to hide these weapons far from the road, better camouflaging them and making them far more deadly,” The New York Times explained in 2013. More here.

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Related reading: Trump Decertifying and Re-tooling Iran Nuclear Deal

Treasury Designates the IRGC under Terrorism Authority and Targets IRGC and Military Supporters under Counter-Proliferation Authority

10/13/2017

​

WASHINGTON – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Iran’s Islamic Revolutionary Guard Corps (IRGC) pursuant to the global terrorism Executive Order (E.O.) 13224 and consistent with the Countering America’s Adversaries Through Sanctions Act.  OFAC designated the IRGC today for its activities in support of the IRGC-Qods Force (IRGC-QF), which was designated pursuant to E.O. 13224 on October 25, 2007, for providing support to a number of terrorist groups, including Hizballah and Hamas, as well as to the Taliban.  The IRGC has provided material support to the IRGC-QF, including by providing training, personnel, and military equipment.
Additionally, today OFAC designated four entities under E.O. 13382, which targets weapons of mass destruction proliferators and their supporters, for their support to the IRGC or Iran’s military.
“The IRGC has played a central role to Iran becoming the world’s foremost state sponsor of terror.  Iran’s pursuit of power comes at the cost of regional stability, and Treasury will continue using its authorities to disrupt the IRGC’s destructive activities,” said Treasury Secretary Steven T. Mnuchin.  “We are designating the IRGC for providing support to the IRGC-QF, the key Iranian entity enabling Syrian President Bashar al-Assad’s relentless campaign of brutal violence against his own people, as well as the lethal activities of Hizballah, Hamas, and other terrorist groups. We urge the private sector to recognize that the IRGC permeates much of the Iranian economy, and those who transact with IRGC-controlled companies do so at great risk.”
IRGC
The IRGC was designated today for the activities it undertakes to assist in, sponsor, or provide financial, material, or technological support for, or financial or other services to or in support of, the IRGC-QF.  The IRGC, which is the parent organization of the IRGC-QF, was previously designated pursuant to E.O. 13382 on October 25, 2007, in connection with its support to Iran’s ballistic missile and nuclear programs, and pursuant to E.O. 13553 on June 9, 2011 and E.O. 13606 on April 23, 2012, in connection with Iran’s human rights abuses.
The IRGC has provided material support to the IRGC-QF, including by providing training, personnel, and military equipment.  The IRGC has trained IRGC-QF personnel in Iran prior to their deployments to Syria, and has deployed at least hundreds of personnel from its conventional ground forces to Syria to support IRGC-QF operations.  IRGC personnel in Syria have provided military assistance to the IRGC-QF, and have been assigned to IRGC-QF units on the battlefield, where they provide critical combat support, including serving as snipers and machine gunners.
Additionally, the IRGC has recruited, trained, and facilitated the travel of Afghan and Pakistani nationals to Syria, where those personnel are assigned to, and fight alongside, the IRGC-QF.  The IRGC also has worked with the IRGC-QF to transfer military equipment to Syria.  The IRGC used both IRGC bases and civilian airports in Iran to transfer military equipment to Iraq and Syria for the IRGC-QF.
Further, while it is group think to bid Senator Corker good riddance, there is yet a fact that Corker introduced in 2015 INARA, legislation that Trump is advancing and included in his talking points regarding Iran.

Iran Nuclear Agreement Review Act of 2015

(Sec. 2) This bill amends the Atomic Energy Act of 1954 to direct the President, within five days after reaching an agreement with Iran regarding Iran’s nuclear program, to transmit to Congress:

  • the text of the agreement and all related materials and annexes;
  • a related verification assessment report of the Secretary of State;
  • a certification that the agreement includes the appropriate terms, conditions, and duration of the agreement’s requirements concerning Iran’s nuclear activities, and provisions describing any sanctions to be waived, suspended, or otherwise reduced by the United States and any other nation or entity, including the United Nations; and
  • a certification that the agreement meets U.S. non-proliferation objectives, does not jeopardize the common defense and security, provides a framework to ensure that Iran’s nuclear activities will not constitute an unreasonable defense and security risk, and ensures that Iran’s permitted nuclear activities will not be used to further any nuclear-related military or nuclear explosive purpose, including any related research.

The Secretary is directed to prepare a report assessing:

  • the Secretary’s capacity to verify Iran’s compliance with the agreement,
  • the adequacy of the agreement’s safeguards to ensure that Iran’s permitted activities will not be used to further any nuclear-related military or nuclear explosive purpose, including research; and
  • the International Atomic Energy Agency’s capacity to implement the required verification regime.

In preparing a report the Secretary shall assume that Iran could:

  • use all measures not expressly prohibited by the agreement to conceal activities that violate its obligations under the agreement; and
  • alter or deviate from standard practices in order to impede verification efforts.

The foreign relations committees shall hold hearings and briefings to review an agreement during the 30-day period following the President’s transmittal of such agreement.

The congressional review period shall be 60 days for an agreement, including all materials required to be transmitted to Congress, that is transmitted between July 10, 2015, and September 7, 2015.

The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions with respect to Iran or refrain from applying sanctions pursuant to an agreement prior to and during the transmission period and during the congressional review period.

The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions with respect to Iran or refrain from applying sanctions pursuant to an agreement for:

  • 12 days after the date of passage of a congressional joint resolution of disapproval, and
  • 10 days after the date of a presidential veto of a congressional joint resolution of disapproval.

Specified deferrals, waivers, or other suspensions of statutory sanctions are excepted from such prohibitions.

It is the sense of Congress that:

  • the sanctions regime imposed on Iran by Congress is primarily responsible for bringing Iran to the table to negotiate on its nuclear program;
  • these negotiations are a critically important matter of national security and foreign policy for the United States and its closest allies;
  • this Act does not require a vote by Congress for the agreement to commence;
  • this Act provides for congressional review, including for approval, disapproval, or no action on statutory sanctions relief under an agreement; and
  • even though the agreement may commence, because the sanctions regime was imposed by Congress and only Congress can permanently modify or eliminate that regime, it is critically important that Congress have the opportunity to consider and take action affecting the statutory sanctions regime.

An action involving statutory sanctions relief by the United States pursuant to an agreement or the Joint Plan of Action:

  • may be taken if, during the review period, Congress enacts a joint resolution stating that Congress favors the agreement;
  • may not be taken if, during the review period, Congress enacts a joint resolution stating that Congress does not favor the agreement; or
  • may be taken if, following the review period, there is not enacted any such joint resolution.

The President shall keep Congress fully and currently informed of all aspects of Iranian compliance with respect to an agreement.

The President shall:

  • within 10 days of receiving information relating to a potentially significant breach or compliance incident by Iran submit it to Congress;
  • within 30 days after submitting such information determine whether it constitutes a material breach or compliance incident and report that determination to Congress as well as Iran’s action or failure to act that led to the material breach, actions necessary for Iran to cure the breach, and the status of Iran’s efforts to cure the breach; and
  • at least every 180 days thereafter report to Congress on Iran’s nuclear program and compliance with the agreement.

The President shall keep Congress fully informed of any initiative or negotiations with Iran concerning Iran’s nuclear program, including any new or amended agreement.

The President shall, at least every 90 days, determine whether the President is able to certify that:

  • Iran is fully implementing the agreement,
  • Iran has not committed a material breach of the agreement,
  • Iran has not taken any action that could significantly advance its nuclear weapons program, and
  • suspension of sanctions against Iran is appropriate and proportionate to measures taken by Iran with respect to terminating its illicit nuclear program and vital to U.S. national security interests.

It is the sense of Congress that:

  • U.S. sanctions on Iran for terrorism, human rights abuses, and ballistic missiles will remain in place under an agreement;
  • issues not addressed by an agreement on Iran’s nuclear program, including compensation for Americans held in captivity after the seizure of the U.S. Embassy in Tehran, Iran, in 1979, the freedom of Americans held in Iran, the human rights abuses of the government of Iran against its own people, and the continued support of terrorism by the government of Iran, are matters critical to ensure justice and U.S. national security, and should be addressed;
  • the President should determine the agreement in no way compromises the U.S. commitment to Israel’s security, nor its support for Israel’s right to exist; and
  • in order to implement any long-term agreement reached between the P5+1 countries and Iran, it is critically important that Congress have the opportunity to review any agreement and take action to modify the statutory sanctions regime imposed by Congress.

If the President does not submit such certification or has determined that Iran has materially breached an agreement, Congress may initiate within 60 days expedited consideration of legislation reinstating statutory sanctions against Iran. Sets forth House and Senate provisions regarding such expedited consideration.

Nothing in this Act shall be construed as:

  • modifying the President’s authority to negotiate, enter into, or implement executive agreements, other than the restrictions on implementation of the agreements specifically covered by this Act;
  • allowing any new waiver, suspension, reduction, or other relief from statutory sanctions with respect to Iran under any provision of law, or allowing the President to refrain from applying any such sanctions pursuant to an agreement during the period for congressional review;
  • revoking or terminating any statutory sanctions imposed on Iran; or
  • authorizing the use of military force against Iran.

Trump Decertifying and Re-tooling Iran Nuclear Deal

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The Iran Deal (JCPOA) has taken an inordinate amount of attention away from all of the other ways Iran destabilizes and attempts to dominate the region. The Trump team will now take a holistic approach to Iran that uses all aspects of US power and engages our allies in the effort as well. The goal is to roll back Iranian use of their proxies in Iraq, Syria, Lebanon, Yemen and elsewhere to extend Iranian influence toward eventual hegemony. It will also address Iranian support of terrorism and violations of other international agreements such as US Security Council Resolutions.

This will take many forms, one of which is the President declining to certify that the JCPOA as it currently exists is in the national interest. It most certainly is not and it’s time to either fix it or forget it. The entire reason to do a deal was to ensure Iran never got nuclear weapons, the JCPOA actually paved Iran a path to them with “sunset clauses” that remove all prohibitions after no more than 15 years.

Iran’s ballistic missile program was specifically excluded from the JCPOA in a stunning case of national security malfeasance. There is no use for these other than to deliver a nuclear warhead and allowing Iran to continue their development cannot be tolerated. This will be another area where the US will focus all elements of our influence on ensuring Iran will be unable to deliver any payload to our shores.

It remains to be seen if a better deal can be made, but we need to make the effort. That will require some leverage and another piece of the plan will be designating all of Iran’s Islamic Revolutionary Guards Corps as a terrorist organization. They are and recognizing this will make it much tougher for them to use the many businesses and front groups they have developed to conduct and support terror operations worldwide.

There will also be actions to rein in the Iranian-led militias operating across Iraq and Syria. While they may be mostly made up of Iraqi citizens, too many have loyalty to the Mullahs in Tehran. These Shia militias now control large swaths of territory in the Sunni areas of Iraq that were just liberated from ISIS. They conducted amounts of massive sectarian slaughter during the counter-ISIS operations and it is still going on. They must be moved out.

Hezbollah is another Iranian proxy which has sent tens of thousands of fighters into Syria. They are flush with some of the hundreds of millions of dollars Iran has given them out of the cash bonanza from the Iran Deal. They have been receiving US funds which were given to the Lebanese Armed Forces and then funneled to Hezbollah. This will come to a stop under the new plan. More here.

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Related reading: JCPOA as published by the John Kerry State Department

(Reuters) – President Donald Trump is likely to take a major step against the international nuclear deal with Iran on Friday, laying out a more aggressive approach to Iranian activities in the Middle East that risks upsetting U.S. relations with European allies.

“It is time for the entire world to join us in demanding that Iran’s government end its pursuit of death and destruction,” Trump said in a White House statement that flagged key elements of the strategy.

He is to present his plan in a 12:45 p.m. EDT (1645 GMT)speech at the White House, the product of weeks of internal discussions between him and his national security team.

U.S. officials said Trump was expected to announce that he will not certify the 2015 nuclear accord between Iran and six world powers, one he has called the “worst deal ever” as it was not, in his view, in the U.S. national interest.

Trump found himself under immense pressure as he considered de-certifying the deal, a move that would ignore warnings from inside and outside his administration that to do so would risk undermining U.S. credibility abroad.

He had formally reaffirmed it twice before but aides said he was reluctant to do so a third time.

De-certification would not pull the United States out of the deal but would give the Congress 60 days to decide whether to reimpose sanctions on Tehran that were suspended under the pact, negotiated during the administration of President Barack Obama.

U.S. House of Representatives Homeland Security Committee Chairman Michael McCaul told Reuters he thinks Trump “is likely to not completely pull out of the deal, but decertify compliance.”

IRANIAN WARNING

If Washington quits the deal, that will be the end of it and global chaos could ensue, Iran’s influential parliament speaker, Ali Larijani, was quoted by the Russian news agency TASS as saying during a visit to St Petersburg on Friday.

U.N. nuclear inspectors say Iran is in compliance with the accord, which limited the scope of Iran’s nuclear program to help ensure it could not be put to developing bombs in exchange for a lifting of international sanctions on Tehran.

Trump says Tehran is in violation of the spirit of the agreement and has done nothing to rein in its ballistic missile program or its financial and military support for the Lebanese Shi‘ite movement Hezbollah and other militant groups.

White House Chief of Staff John Kelly said on Thursday the U.S. approach toward Iran is to work with allies in the Middle East to contain Tehran’s activities.

“We have footprints on the ground, naval and Air Force is there to just demonstrate our resolve, our friendship, and try to deter anything that any country out there may do,” Kelly told reporters.

European allies warn of a split with the United States over the nuclear agreement, in part because they are benefiting economically from a relaxation of sanctions.

A variety of European allies, including the leaders of Britain and France, have personally appealed to Trump to re-certify the nuclear accord for the sake of allied unity.

Germany’s government pledged on Friday to work for continued unity if Trump de-certified the deal as Berlin remain convinced the agreement was an important tool to prevent Iran developing nuclear weapons.

Foreign Minister Sigmar Gabriel underscored German views in a telephone call with U.S. Secretary of State Rex Tillerson late on Thursday, his spokeswoman Maria Adebahr told reporters.

Gabriel said on Thursday U.S. behavior was driving a wedge between Europe and its close ally United States and bringing Europeans closer to Russia and China. “It’s imperative that Europe sticks together on this issue,” said Gabriel.

Russian President Vladimir Putin’s spokesman, Dmitry Peskov, said on Friday that if the United States withdrew from the deal, “this will damage the atmosphere of predictability, security, stability and non-proliferation in the entire world”.

U.S. MOVE AGAINST REVOLUTIONARY GUARDS

McCaul said he expected Trump also to announce some kind of action against the Iranian Revolutionary Guard Corps, the country’s most powerful security force. Trump is under a legal mandate to impose U.S. economic sanctions on the Revolutionary Guards as a whole by Oct. 31 or waive them.

U.S. sanctions could seriously hurt the IRGC as it controls large swaths of Iran’s economy. The Guards’ foreign paramilitary and espionage wing, the Quds Force, is under U.S. sanctions, as is the Quds Force commander, other officials and associated individuals and entities.

The 2015 nuclear agreement, signed by the United States, Britain, France, Germany, Russia, China, the European Union and Iran, has been denounced by Trump as “an embarrassment” and “the worst deal ever.”