Senior U.S. officials who were tasked with the Iran Nuclear Deal implementation have concluded in private that it would be impossible to implement some of the provisions to ease sanctions on Tehran, without violating existing federal laws, Fox News has reported.
In the recently signed Iran nuclear deal, some clauses would see billions of dollars flow into the Islamic republic in the form of commerce emanating from the U.S. According to the officials, one of the most contentious clauses is found in what's referred to as JCPOA (Joint Comprehensive Plan Of Action).
According to the plan, once Tehran has complied with the deal signed, then U.S. "shall...license non-U.S. entities that are owned or controlled by a U.S. person to engage in activities with Iran that are consistent with this JCPOA."
In other words, this is to say that subsidiaries operating abroad, but that are owned by American companies, will be allowed to do business with Iran. Doing so would violate an earlier decree signed by President Obama in 2012 that prohibited any such kind of transacting.
Analysts are warning that the deal could now be challenged in a court of law since it is an executive order and not a treaty, according to Twitchy. While a treaty must have ratification votes in congress, an executive order doesn't necessarily have to have the backing of congress and can be easily challenged in a federal court.
In August 2012, at the height of Western sanction on Iran, Obama had sought to squeeze the noose on Iran, by signing what came to be known as ITRA, according to Worthy News. The ITRA, or the Iran Threat Reduction Act, aimed to counter "foreign hub loopholes." Thus, regardless of whether a parent company was based in America or it had branches and subsidiaries abroad, there was no difference - the prohibition of doing business with Iran applied to all.
