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The Peculiarities of the Joint Comprehensive Plan of Action

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Iranian President Rohani, a pragmatist, was elected in 2013 which led to a diplomatic thaw between the Islamic Republic and the West. Finally, after 20 months of “strenuous” negotiations between Iran, the P5+1 and Iran the JCPOA on the nuclear program of Iran was reached in July 2015 to ensure that Islamic Republic’s future nuclear program would be exclusively peaceful.

It was a landmark comprehensive nuclear agreement after the longest continuous negotiations with the presence of all foreign ministers of the permanent members of the United Nations Security Council. The agreement was very complex. One of the signatories, Robert J. Einhorn, a former U.S. Department of State official now at the Brookings Institution, said of the agreement: “Analysts will be pleasantly surprised. The more things are agreed to, the less opportunity there is for implementation difficulties later on.” The agreement had been founded upon , and also reinforced, the Nuclear Non-Proliferation Treaty (NPT) and the International Atomic Energy Agency IAEA safeguards system.

According to several commentators, JCPOA was the first of its kind in the annals of non-proliferation and is in many aspects unique. This was the first time that the United Nations Security Council had recognized the nuclear enrichment program of a developing country –Iran–and backed an agreement (JCPOA) signed by several countries within the framework of a resolution (United Nations Security Council Resolution 2231).For the first time in the history of the United Nations, a country –Iran– was able to abolish 6 UN resolutions against it –1696, 1737, 1747, 1803, 1835, 1929– without even one day of implementing them. Sanctions against Iran was also lifted for the first time. The 159-page JCPOA document and its 5 appendixes, was the most spacious text of a multinational treaty since World War II. Throughout history of international law, this was the first and only time that a country subject to Chapter VII of the United Nations Charter –Iran– has managed to end its case and stop being subject to this chapter through diplomacy, all other cases have ended to either regime change, war or full implementation of the Security Council’s decisions by the country. Iran had agreed to strict limits on its nuclear program and extensive monitoring in return for the lifting of sanctions. In addition, it was agreed that Iran would have cooperate with an inquiry looking into evidence of past work on nuclear warhead design.

A brief summary of the main points:

1.Iran will not produce weapons-grade plutonium and limit its stockpile of uranium enriched to 3.67% to 300 kilograms for the next 15 years.

2.Tehran also agreed to modernize its nuclear facilities and use them for exclusively peaceful purposes.

3.Sanctions will be gradually removed from Iran.

4.The arms embargo imposed by UN Security Council will be kept in place for five years, ban for supplying ballistic missile technologies to Iran – for eight years.

5.Experts from the International Atomic Energy Agency (IAEA) will monitor nuclear facilities in Iran for the next 25 years.

6.If any points of the agreement are violated by Iran, sanctions against the country will be renewed.

The Main Points of the JCPOA:

1.Uranium enrichment capacity

Iran’s current capacity of 19,000 gas centrifuges would be reduced by more than two-thirds to 6,104, out of which just over 5,000 would actually be enriching uranium. All of them would be first-generation centrifuges based on technology going back to the 1950s. Furthermore, for the first 15 years of the deal Iran would not enrich beyond the level of 3.67% purity, low-enriched uranium (LEU) of the kind used in nuclear power stations.

2.The enriched uranium stockpile

Iran’s stockpile of LEU would be reduced from its current level of about 7,500kgto 300kg, a reduction of 96%. The reduction would be achieved either by shipping the uranium abroad or by diluting it.

3.Research, development and future enrichment capacity

There would be limits on the R&D work Iran could do on advanced centrifuges, so that it could not suddenly upgrade its enrichment capacity after the first 10 years of the agreement and bring its breakout time down from one year to a few weeks almost overnight. Iran would be able to test experimental new centrifuges on a small scale according to a gradual plan.

4.Inspections

Inspectors from the International Atomic Energy Agency (IAEA) would have full access to all Iran’s declared nuclear sites as at present, but with much more advanced technology than they are using now. Inspectors would be able to visit non-declared sites where they think nuclear work might be going on. A commission made up of a range of IAEA members would be set up to judge whether the inspectors’ access requests are justified, and would take its decision by majority vote.

5.Investigation into past activity

Iran has agreed a “road map” with the IAEA officials by which it would provide access to facilities and people suspected of involvement in past experimental work on warhead design, managed by a centralized and covert unit, mostly before 2004. The IAEA would have to certify Iranian cooperation with the inquiry before Iran benefits from sanctions relief.

6.Sanctions relief

As Iran takes the agreed steps listed above to reduce the capacity and proliferation risk of its nuclear infrastructure, the US and EU would provide guarantees that financial and economic sanctions will be suspended or cancelled. The EU would stop its oil embargo and end its banking sanctions, and Iran would be allowed to participate in the Swift electronic banking system that is the lifeblood of international finance. Barack Obama would issue presidential waivers suspending the operation of US trade and financial sanctions.

7.A new UN security council resolution and the arms embargo

The JCPOA will be incorporated into a new security council resolution intended to replace and supersede six earlier sanctions resolutions imposed on Iran over its nuclear program. The resolution will be passed before the end of the month but the agreement will not take effect for 90 days, allowing for the domestic political review to be completed. An arms embargo on Iran would remain in place for five years, and a ban on the transfer of missile technology would stay for eight years.

On July 20,2015 the corresponding resolution on Iran’s nuclear program agreement was adopted by UN Security Council.

Adoption

October 18, 2015 marks “Adoption Day” under the JCPOA – the day on which the JCPOA becomes effective and participants begin to make the necessary preparations for implementation of their JCPOA commitments. In connection with Adoption Day, on October 18, 2015, the United States President issued a memorandum directing his administration to take all appropriate preparatory measures to ensure the prompt and effective implementation of the U.S. commitments set forth in the JCPOA upon Iran’s fulfillment of the requisite conditions. In particular, the US President directed the agencies to take steps to give effect to the U.S. commitments with respect to sanctions described in the JCPOA. In addition, on October 18, 2015, the Secretary of State issued contingent waivers of certain statutory sanctions provisions. These waivers were not currently in effect and will only take effect on Implementation Day.. Thus, the US was signaling Iran that the country was ready to do more than whatw as required to implement the JCPOA.

Next Steps

JCPOA ‘s Annex V – Implementation Plan1 which describes the sequence of the actions specified in the agreement clearly states in section A. Finalization Day (2-4) that Iran and the IAEA will start “developing necessary arrangements to implement all transparency measures provided for in this JCPOA so that such arrangements are completed, in place, and ready for implementation”. Meanwhile, in accordance with the UN Security Council resolution endorsing this JCPOA, the provisions imposed in UN Security Council resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) will be “terminated subject to re-imposition in the event of significant nonperformance by Iran of JCPOA commitments, and specific restrictions, including restrictions regarding the transfer of proliferation sensitive goods will apply”.

Thus, the onus of compliance was primarily on Iran and any failure would result in the re-imposition of the sanctions regoime under the UN. Thus, all concessions given to Iran were conditional on very strict compliance of the JCPOA.

The Role of the International Atomic Energy Agency (IAEA)

The IAEA, United Nations nuclear watchdog, had a crucial role in the implementation of the JCPOA. Theew was also separate “roadmap” agreement between Iran and the IAEA, undr which the agency would have to investigate the military dimensions of Iran’s program, issue a report, and then close Iran’s decade-old file within before the deal could come into effect. For sanctions on Iran to be lifted, the IAEA must first verify that e Iran had honored all its commitments under the July deal, including dismantling large numbers of its centrifuges for uranium enrichment and filling parts of its Arak nuclear site with cement. The closure of the IAEA’s nuclear weaponization probe was one of the prerequisites for the implementation of the JCPA.

The IAEA conducted a 12-year long survey on Iran’s nuclear program. Finally, on December 15, 2015 the IAEA closed the book on the possible military aspects of Iran’s nuclear program, finding that they were limited to feasibility and scientific studies and did not proceed beyond 2009, bringing an international nuclear accord with Iran a step closer to implementation.   The resolution moved Iran another step closer to large-scale sanctions relief following its deal with world powers this summer. Thus, Iran had cleared one of the nuclear deal’s most important hurdles. Iran had yet to complete other provisions for implementing the deal, including removing the core of its plutonium reactor, scrapping much of its nuclear-fuel stockpile and removing thousands of centrifuges from its nuclear facilities. Iranian and U.S. officials have said that could be accomplished as early as January—one month ahead of parliamentary elections in Iran.

On December 15, 2015, IAEA Director-General Yukiya Amano confirmed that Iran was moving quickly to meet its commitments. Iran hoped to put the restrictions in place within two to three weeks. The restrictions Iran must put in place include drastically reducing the number of centrifuges installed at its underground enrichment sites, removing the core vessel of a reactor at Arak and shrinking its stockpile of enriched uranium..

Next Steps

The IAEA must verify that Iran has put the required nuclear restrictions in place for sanctions to be lifted. Iran had been racing to keep its side of the JCPOA deal. The next step was for Iran to complete the necessary preparatory steps to start implementing the JCPOA. On receipt of an IAEA report verifying that Iran had taken all actions specified in the JCPOA, the agency would then terminate the relevant resolutions it had previously passed in connection with Iran’s nuclear program. This will allow Iran to participate in all IAEA technical cooperation activities, for instance. Meanwhile, Iran’s president, Hassan Rouhani, said on December 16, 2015 that Iran would carry out its remaining obligations and would now dismantle some nuclear centrifuges and ship out a major portion of its stockpile of enriched uranium

Implementation Day

The Implementation Day is a major landmark in the JCPOA and will occur only once the IAEA verifies that Iran has implemented key nuclear-related measures specified in the agreement. Several preparatory steps have to be completed by Iran. This will be a major landmark, if and when it occurrs.

The Future of the JCPOA

The United States has taken a step toward lifting at least some sanctions against Iran, with U.S. Secretary of State John Kerry telling the Senate Foreign Relations Committee that Tehran is fulfilling its obligations in a “transparent” and “verifiable” way under an international agreement on its nuclear program. Kerry made the remarks on December 16, 2015. The Obama administration estimated it would not be until spring that Iran would be in compliance with the terms required for sanctions relief to begin. The sanctions, if and when, lifted would give Iran access to billions in frozen assets and oil revenue. Thus, the United States appeared poised to lift at least some sanctions against Iran — possibly as early as January 2016.

It took a great effort on the part of the US and Iran to reach this agreement. Iran made concessions in order to get rid of the sanctions regime which was crippling its economy. The people of Iran also wanted to end this confrontation with the West. The adoption of the resolution had become the breakthrough in relations between IAEA and Iran. Although, the IAEA’s report strongly suggesting Iran had engaged in activities aimed at developing a nuclear bomb up until 2003 and that there was no credible sign of weapons-related work beyond 2009. Despite the finding, the international response to the report had been “muted”, indicating a desire to go ahead with an agreement that “allayed fears of a wider Middle East war over Iran’s nuclear ambitions, rather than dwell on its past actions”.

Under the JCPOA Iran pledged never under any circumstances to seek, develop or acquire nuclear weapons, and the UN Security Council is to consider ending sanctions imposed for its NPT violations once it receives IAEA’s report on verification. Once the deal was implemented, most U.S., U.N. and European Union economic and financial sanctions would be suspended, including Europe’s embargo on Iranian energy. However, an arms ban will remain in replace as well as sanctions on dozens of people and companies associated with Iran’s nuclear program. Iran will also have to seek permission to import so-called dual-use goods, which could be used in an illicit nuclear program. Other U.S. sanctions related to human-rights abuses and support for terror groups, including a “near-comprehensive embargo” on U.S. trade with Iran, will remain in place.

Much work lies ahead to reach this agreement and a further sustained effort will be required to implement it. It isn’t gong o be easy at all. With the lifting of sanctions, Iran was poised to add a half million barrels a day to the saturated world oil supply by mid-2016, once the sanctions relief goes into effect, said Sara Vakhshouri, a senior energy fellow at the Atlantic Council think tank in Washington. Positive news on Iran’s nuclear agreement with world powers “could have a psychological downward impact on the global oil prices,” Vakhshouri said. “This could happen even before Iran increases its export volumes.” Notwithstanding he criticisms, the JCPOA has the potential to provide stability, security and economic prosperity to Iran and thereby help stabilize a volatile region.

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Israeli contrasts: Likud’s favoured soccer teams veers left as Bibi turns further right

Dr. James M. Dorsey

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The contrast could not be starker. As Israel plays a dangerous game of US politics by restricting or banning visits by controversial Democratic members of Congress to seemingly please President Donald J. Trump’s prejudiced electoral instincts, the owner of a notorious Jerusalem soccer club draws a line in the sand in confronting his racist fan base.

The contrast takes on added significance as prime minister Benyamin Netanyahu woes Israel’s far-right in advance of elections on September 17 given that storied club Beitar Jerusalem has long been seen as a stronghold for his Likud party.

Mr. Netanyahu’s barring of Congresswomen Rashida Tlaib and Ilhan Omar was as much a response to Mr. Trump’s tweeted suggestion that they should not be allowed to visit Israel as it was catering to his right-wing base that includes Beitar’s fans.

Beitar is the only Israeli squad to have never hired a Palestinian player. Its fans, famous for their racist slogans and bullying tactics, have made life impossible for the few Muslim players that the club contracted in its history.

Messrs. Netanyahu and Moshe Hogeg, the Beitar owner and tech entrepreneur who founded social mobile photo and video sharing website Mobli and crypto transactions platform Sirin Labs, are both treading on slippery ground.

Mr. Netanyahu, who initially raised out of respect for the US Congress no objection to the planned visit by Ms. Tlaib and Ms. Omar, has ensured that Israel for the first time in decades can no longer be sure of bi-partisan support in the Congress and beyond and is likely to become a partisan issue in the run-up to next year’s US presidential election.

His pandering to Mr. Trump sparked rare criticism from the American Israel Political Action Committee (AIPAC), Israel’s most powerful and influential lobby in the United States even though AIPAC agrees that Ms. Tlaib and Ms. Ilham support the Boycott, Diversification and Sanctions (BDS) movement that targets Israel.

“We disagree with Reps. Omar and Tlaib’s support for the anti-Israel and anti-peace BDS movement, along with Rep. Tlaib’s calls for a one-state solution. We also believe every member of Congress should be able to visit and experience our democratic ally Israel first hand,” AIPAC tweeted.

A breakdown of bi-partisan support for Israel may not be what Mr. Netanyahu wants, but it may be, in a twist of irony, what Israel needs. It would spark a debate in the United States with a potential fallout in Israel about whether Mr. Netanyahu’s annexationist policy and hard-line approach towards Palestinian aspirations serves Israel’s longer-term best interests.

Israel’s toughening stand was evident on Tuesday when police broke up an annual soccer tournament among Palestinian families in East Jerusalem on assertions that it was sponsored by the Palestinian Authority, which is barred from organizing events in the city. The tournament’s organizer denied any association with the Authority.

In a dismissive statement, Israeli public security minister Gilad Erdan’s office scoffed: “We’re talking about scofflaws who lie and blame the agency that enforces the law when they know full well that the Palestinian Authority is involved in the event that Minister Erdan ordered halted.”

The incident was emblematic of an environment that prompted columnist and scholar Peter Beinart, writing in The Forward, a more than 100-year old, left-wing Jewish weekly, to argue that “the United States has a national interest in ensuring that Israel does not make permanent its brutal occupation of the West Bank and blockade of the Gaza Strip.

By taking on La Familia, a militant Beitar Jerusalem fan group that has driven the club’s discriminatory policy, Mr. Hogeg is going not only against Mr. Netanyahu’s policies that emphasize Israeli Jewish nationalism at the expense of the rights of Palestinians with Israeli citizenship as well as those subject to occupation.

He is also challenging a global trend spearheaded by civilizational leaders like Indian prime minister Narendra Modi who, two weeks after depriving Kashmiri Muslims of their autonomy, is planning to build detention camps for millions of predominantly Muslim Indians suspected of being foreign migrants, Victor Orban who envisions a Muslim-free Hungary, and Xi Jinping who has launched in China’s troubled, north-western province of Xinjiang the most frontal assault on Islam in recent history

The degree of polarization and alienation that civilizational policies like those of Messrs Netanyahu, Modi, Xi and Orban is highlighted by the fact that Mr. Hogeg’s battle with his fans is over a name.

Ali Mohammed is Beitar Jerusalem’s latest acquisition. The only Muslim thing about him is his name. Mr. Mohammed is a Nigerian Christian.

That wasn’t good enough for the fans who demand that he change his name. During Mr. Mohammed’s first training session fans chanted “Mohamed is dead” and “Ali is dead.”

Unlike his predecessors, Mr. Hogeg seems unwilling to back down. He has threatened to sue the fans for tarnishing Beitar’s already battered reputation and demand up to US$500,000 in damages. Lawyers for Mr. Hogeg have written to fans demanding an apology.

“They are very good fans; they are very loyal. They love the club and what it represents … but they’re racist and that’s a big problem,” Mr. Hogeg said.

Convinced that the militants are a minority that imposes its will on the majority of Beitar fans, Mr. Hogeg takes the high road at a time that the likes of him threaten to become an endangered species.

“I was surprised to find that Mohamed is not Muslim, but I don’t care. Why should it matter? He’s a very good player. As long as the player that comes respects the city, respects what he represents, respects Israel, can help the team and wants to play then the door will be open. If those radical fans will fight against it, they will lose. They will simply lose,” Mr. Hogeg said.

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“Today Saudi Arabia finally lost the war on Yemen.”

Eric Zuesse

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On August 17th, an anonymous German intelligence analyst who has perhaps the world’s best track-record of publicly identifying and announcing historical turning-points, and who is therefore also a great investigative journalist regarding international relations (especially military matters, which are his specialty) headlined at his “Moon of Alabama” blog, “Long Range Attack On Saudi Oil Field Ends War On Yemen”, and he opened:

Today Saudi Arabia finally lost the war on Yemen. It has no defenses against new weapons the Houthis in Yemen acquired. These weapons threaten the Saudis economic lifelines. This today was the decisive attack:

Drones launched by Yemen’s Houthi rebels attacked a massive oil and gas field deep inside Saudi Arabia’s sprawling desert on Saturday, causing what the kingdom described as a “limited fire” in the second such recent attack on its crucial energy industry.  …

The Saudi acknowledgement of the attack came hours after Yahia Sarie, a military spokesman for the Houthis, issued a video statement claiming the rebels launched 10 bomb-laden drones targeting the field in their “biggest-ever” operation. He threatened more attacks would be coming. 

New drones and missiles displayed in July 2019 by Yemen’s Houthi-allied armed forces

Today’s attack is a check-mate move against the Saudis. Shaybah is some 1,200 kilometers (750 miles) from Houthi-controlled territory. There are many more important economic targets within that range.  …

The attack conclusively demonstrates that the most important assets of the Saudis are now under threat. This economic threat comes on top of a seven percent budget deficit the IMF predicts for Saudi Arabia. Further Saudi bombing against the Houthi will now have very significant additional cost that might even endanger the viability of the Saudi state. The Houthi have clown prince Mohammad bin Salman by the balls and can squeeze those at will.

He went on to say that the drones aren’t from Iran but are copies from Iran’s, “assembled in Yemen with the help of Hizbullah experts from Lebanon.”

He has been predicting for a long time that this war couldn’t be won by Crown Prince Mohammed bin Salman al-Saud (MbS). In the present report, he says:

The war on Yemen that MbS started in March 2015 long proved to be unwinnable. Now it is definitely lost. Neither the U.S. nor the Europeans will come to the Saudis help. There are no technological means to reasonably protect against such attacks. Poor Yemen defeated rich Saudi Arabia.

The Saudi side will have to agree to political peace negotiations. The Yemeni demand for reparation payments will be eye watering. But the Saudis will have no alternative but to cough up whatever the Houthi demand.

The UAE was smart to pull out of Yemen during the last months.

If he is correct (and I have never yet found a prediction from him turn out to have been wrong), then this will be an enormous blow to the foreign markets for U.S.-made weapons, since the Sauds are the world’s largest foreign purchasers of those, and have spent profusely on them — and also on U.S. personnel to train their soldiers how to use them. So (and this is my prediction, not his), August 19th might be a good time to sell short U.S. armament-makers such as Lockheed Martin.

However: his prediction that “the Saudis will have no alternative but to cough up whatever the Houthi demand” seems to me to be the first one from him that could turn out to have been wrong. If the Sauds have perpetrated, say, $200 billion of physical damage to Yemen, but refuse to pay more than $100 billion in reparations, and the Housis then hit and take out a major Saudi oil well, isn’t it possible that the Sauds would stand firm? But if they do, then mightn’t it be wrong to say, at the present time, that: “Today Saudi Arabia finally lost the war on Yemen.”? He has gone out on limbs before, and I can’t yet think of any that broke under him. Maybe this one will be the first? I wouldn’t bet on that. But this one seems to me to be a particularly long limb. We’ll see!

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The message behind the release of Iranian oil tanker

Mohammad Ghaderi

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The Gibraltar court ordered the Iranian oil tanker Grace 1 to be released. The tanker was seized by the British Royal Marines about a month ago. 

This verdict was the ending of an elaborate game designed by John Bolton National Security Advisor of the United States and Mike Pompeo, carried out by the Britain government. 

With seizing the tanker, Bolton was trying to put psychological and political pressures on Iran and force other countries to form a consensus against Iran, but he couldn’t fulfill any of these goals. 

Iran’s firm, logical and wise answer to the seizure of Grace 1 (like making solid legal arguments) and the seriousness of our country’s armed forces in giving a proper response to Britain’s contemptuous act, made the White House lose the lead on reaching its ends. 

Washington imagined that the seizure of Grace 1 will become Trump’s winning card against Iran, but the release of the tanker (despite disagreement of the U.S.) became another failure for the White House in dealing with Iran.  

Obviously, London was also a total loser in this game. It is worth noting that U.S. was so persistent about keeping the oil tanker in custody that John Bolton traveled to London and insisted on British officials to continue the seizure of the ship. Their failure, however, clearly shows that the White House and its traditional ally, Britain, have lost a big part of their power in their relations with Iran. 

Clearly, the illegal seizure of the Iranian oil tanker by Britain proceeded by the seizure of a British tanker by Iran and the following interactions between the two countries is not the whole story and there is more to it that will be revealed in coming days. 

What we know for sure is that London has to pay for its recent anti-Iran plot in order to satisfy Washington; the smallest of these consequences was that Britain lost some of its legal credibility in international arena as it illegally captured an Iranian oil tanker. 

The order of the Gibraltarian court revealed that London had no legal right to seize the Iranian oil tanker and nobody can defend this unlawful action. Surely, Iran will take all necessary legal actions to further pursue the matter.  

In this situation, the Islamic Republic of Iran is firm on its position that it doesn’t have to follow the sanctions imposed by the European Union on other countries (including Syria). 

No entity can undermine this argument as it is based on legal terms; therefore, Iran will keep supporting Syrian nation and government to fight terrorism. This is the strategic policy of the Islamic Republic and will not be changed under the pressure or influence of any other third country. 

Finally, it should be noted that the release of Grace 1 oil tanker was not only a legal and political failure for Washington and London and their allies but it was also a strategic failure. Undoubtedly, the vast consequences of this failure will be revealed in near future. 

From our partner Tehran Times

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