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Iran: Which way to go?

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The US withdrawal from the Joint Comprehensive Plan of Action (JCPOA), seriously hampered the chances for keeping the landmark accord in place.

The accord, signed in 2015 by the P5+1 group of countries — China, Germany, France, Russia, the United Kingdom and the United States — with Iran, requires Tehran to maintain a peaceful nuclear program in exchange for sanctions relief.

According to the IAEA, Iran strictly abides by the terms of the JCPOA, while the international community is unable to do the same, no matter how much politicians in the EU and other countries would like to stick to its provisions – all because of US pressure.

Sadly, the United States has financial and economic levers to punish not only Iran, but also foreign companies doing business with the Islamic Republic. Given the choice of either maintaining business relations with the US and the rest of the world or with Iran alone, there is little wonder which of the two options they will go for. This doesn’t necessarily mean that they will do this under US pressure. Business always goes where the money is and sticking with the US looks a more profitable way to go. This is exactly what business-savvy Donald Trump is staking on.

In 2018, some 100 foreign companies, including big ones as Shell, Volkswagen, Daimler, Peugeot, Airbus, Total, PSA, Siemens, and Russia’s LUKOIL and Zarubezhneft, started pulling out of Iran even before the US sanctions, announced by President Trump in May, actually took effect. However, although bending under Washington’s pressure, the authors of the 2015 Iran nuclear deal (Russia, China, Britain, France and Germany) as well as the European Union as a whole and many other countries around the world are still interested in keeping the nuclear accord alive. Why?

First, the JCPOA is a truly historic document which, possibly for the first time ever (not mentioning, of course, the Treaty on the Non-Proliferation of Nuclear Weapons – NPT) has curbed the nuclear ambitions of a particular country and put its nuclear program strictly in line with international laws and IAEA requirements. This is a vivid example of the world countries’ effective diplomatic work, which created a precedent of genuine confidence of the parties for the sake of preserving the nuclear non-proliferation regime.

Secondly, Iran a leading player in the volatile region of Western Asia, which incorporates the Middle and Near East, the Caucasus, the Caspian Sea zone, and Central Asia.

Thirdly, it should be borne in mind that Iran is a powerful source of hydrocarbons, and that its territory is an important transit route for oil, natural gas and other products to the world market. A well-educated population and a relatively developed industry and agriculture attract the attention of world business. In addition, the 70-million-strong Iran, which boasts one of the world’s biggest militaries, is an important factor in West Asian and world politics.

What needs to be done to resist US sanctions and, thereby, save the JCPOA?

To solve this complex task, Iran and all countries willing to preserve the accord, above all Britain, France, Germany and the EU as a whole, should work together. This is already being done now with the direct and active participation of Russia and China.

Today, the main priorities are:

Providing legal assistance to companies doing business with Iran. The practical implementation of the EU-declared blocking statute, which declares null and void US sanctions against Iran on its territory, prohibits European companies from observing them, as well as implementing any decisions by foreign stemming from these sanctions. The blocking statute also allows European organizations to take legal action to make up for the losses incurred as a result of the implementation of sanctions at the expense of persons who caused these losses (meaning the US government).

It is also necessary to establish an independent payment system that would safeguard European businesses against US sanctions on Tehran (a special purpose vehicle, SPV, to facilitate financial transactions with Iran) with the possible involvement, among others, of the French and German central banks.

The EU is creating a special legal entity to carry out transactions with Iran. Other participants will be able to join in, which will allow European companies to work with Iran in keeping with European legislation – something like the SWIFT banking system, only on a European scale and based on the euro.

This will be an extremely difficult task for Europeans, both from “political” (a real challenge to the US) and technical standpoints. EU foreign policy chief, Frederica Mogherini, said: “The involvement of the Finance Ministers of the E3 [France, Germany, UK] is of key importance at this stage. They are working hard to finalize it. I cannot tell you a date, but I can tell you that work is continuing and is progressing in a positive manner.”

In his turn, Russia’s Deputy Foreign Minister Sergei Ryabkov said that this was fraught with problems.

“We need to redouble our efforts here and this is what we are doing now with both Europeans and Iranians.”

Meanwhile, the Iranians, who have so far been strictly implementing the terms of the 2015 nuclear accord, are losing faith in the EU’s ability to resolve the problem. Therefore, it may take several months to see whether this plan is really working.

Speeding up the process of shifting to the use of national currency in trade with Iran (primarily by Russia, China, India, Turkey, which have done this before) would be of much help to Tehran.

In order to move around the financial and banking hurdles erected by the United States, it would be advisable to enlist the help, whenever possible, of Islamic banks in Muslim countries for cash transactions to and from Iran. The Islamic banking system has its specific features that are hard to destroy from the outside, even by a financial superpower like the United States.

The same is true about small and medium-sized companies in Muslim countries used as intermediaries in financial transactions with Tehran. Moreover, it is small and medium businesses, and not necessarily in Muslim countries alone, that can play the main role in maintaining trade and other economic relations with Iran.

Therefore, it would be equally desirable for the EU to provide legal and financial assistance to small and medium-sized companies in Europe, which are willing to do business with Iran, and to shift the main load from big companies to medium and small firms for financial transactions with Iran in Euros. Even though they will hardly be able to completely replace the giant companies, small and medium-sized firms have all they need to offset at least part of the losses. According to Iranian estimates, Tehran hopes to establish business relations with many of the 23 million or so small and medium-scale enterprises in Europe in order to circumvent US sanctions. Moreover, Iran has good experience in getting around tough sanctions between 2012 and 2016.

What can Tehran do under these circumstances?  First and foremost, it should establish a business triangle of Iran-EU, Islamic banks and Islamic small and medium-sized businesses, build close trade and economic partnership with European and other small and medium-sized businesses. This is quite feasible because the Americans will find it hard to keep an eye on a huge number of enterprises, much less trace their transactions in Euros, especially if the European Union contributes to such cooperation with Iran.

Iran’s Supreme Economic Coordination Council recently allowed the country’s private sector to sell crude oil abroad as a way of circumventing US sanctions. This is the first time the Iranian private companies have been granted permission to trade in oil. Tehran should avail itself of this opportunity as soon as possible.

As for Iran’s time-tested methods of tackling sanctions like, for example,  the use of “ghost” oil tankers, which switch off their automatic identification system (AIS) transmitters not to disclose their route and destination, as well as selling “unrecorded” oil at reduced prices, I can assume that these methods have been used before and are being used today.

It seems that, in view of the situation at hand, Tehran should also recall its oil-for-goods project with Russia, prepared back in 2014, whereby Iran supplies oil to Russia (at least 100,000 barrels per day – about 5 million tons a year) in exchange for industrial equipment and machinery. Four years ago, the plan was never implemented in full because Iran, already withdrawing from the sanctions regime in keeping with the JCPOA, was no longer interested in it.

There was only one shipment made in November 2017, to the tune of 1 million tons. The project could be revived now. Russia’s Promsyryeimport, which is part of the Russian Energy Ministry and was created expressly with this project in mind, will implement the Russian side of the deal.

A program of developing two Iranian oil fields, Aban and Peydar, by Promsyryeimport (which replaced Zarubezhneft) and Iran’s Dana Energy Company, could also be considered.

Overall, the across-the-board cooperation between Russia and Iran against US sanctions could contribute very significantly to minimizing their impact.

Tehran will certainly put to maximum use the great potential of the Islamic Revolutionary Guard Corps (IRGC), which proved so effective during the period of hard-hitting sanctions of 2012-2016 and which controls between 25% and 35% of the country’s economy and 25% of all its capital.

In 2012-2016, the IRGC set up a large-scale system of circumventing the sanctions by controlling considerable “gray” financial flows to, through and out of Iran. IRGC intelligence was gathering information abroad about the “weak” spots in the sanctions system, about the most effective ways of circumventing sanctions, and was also obtaining data on new technologies Iran was not allowed to buy.

Iran and countries opposed to US sanctions against it are looking for ways to ease their impact. Even though completely neutralizing the negative effect of these sanctions will hardly be possible, a certain let-up is quite possible.

Well, the Iranian response to the US sanctions could at times be controversial, but Washington’s exit from the JCPOA and the US sanctions themselves are by no means legal either.

In October, President Hassan Rouhani warned that the previous four months had been a difficult time for the Iranians and that the coming few months would be equally hard. He said that the government would make every effort possible to tackle the situation. Meanwhile, Tehran says it will stick to the terms of the JCPOA as long as its other signatories (save for the US, of course) do the same. Can they do this?

The situation is complex and unpredictable. For Iran, much will depend on whether the JCPOA is kept alive without the US, if Tehran is able to maintain, albeit limited, financial and economic cooperation with foreign countries, primarily with small and medium-sized businesses, and whether it is satisfied with the results of this cooperation.

How will the sanctions, and especially the fall in oil production and exports, affect the national economy and the life of ordinary Iranians? A good question, given the impact the internal political situation can have on the alignment of political forces in the country.

The outcome of this struggle may not take too long coming. Maybe six months, when a European mechanism against Washington’s unlawful withdrawal from the JCPOA and the resumption of its sanctions on Iran is already in place and the deadline set by President Trump for the eight importers of Iranian oil has expired.

First published in our partner International Affairs

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Qatar World Cup offers lessons for human rights struggles

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It’s a good time, almost 12 years after the world soccer body, FIFA, awarded Qatar the 2022 World Cup hosting rights and five months before the tournament, to evaluate the campaign to reform the country’s erstwhile onerous labor system and accommodate fans whose lifestyles violate restrictive laws and/or go against deeply rooted cultural attitudes.

Ultimately the balance sheet shows a mixed bag even if one takes into account that Qatari autocracy has proven to be more responsive and flexible in responding to pressure by human rights and labour groups than its Gulf brothers in the United Arab Emirates and Saudi Arabia.

On the plus side, the initial wave of condemnation of the country’s repressive kafala labour system that put employees at the mercy of their employers persuaded Qatar to become the first Gulf state, if not the first Arab state, to engage with its critics.

Engagement meant giving human rights groups and trade unions access to the country, allowing them to operate and hold news conferences in Qatar, and involving them in drafting reforms and World Cup-related model labour contracts. This was unprecedented in a region where local activists are behind bars or worse and foreign critics don’t even make it onto an inbound flight.

The reforms were imperfect and not far-reaching enough, even if Qatar introduced significant improvements in the conditions for unskilled and semi-skilled workers.

Furthermore, on the plus side, the hosting rights sparked limited but nonetheless taboo-breaking discussions that touched on sensitive subjects such as LGBT rights and the granting of citizenship to non-nationals.

Qataris openly questioned the granting of citizenship to foreign athletes so they could be included in the Qatar national team for the 2016 Olympics rather than medical personnel and other professionals who had contributed to national welfare and development.

Hosting the World Cup has further forced Qatar, albeit in a limited fashion, to come to grips with issues like LGBT rights that do not simply violate the country’s laws but go against its social grain to produce an inclusive tournament.

In some ways, that may have been more difficult than reforming the labour regime if one considers the difference between standing up for democratic freedoms that may have broad public support and the recognition of LGBT rights. In contrast to democratic rights, opposition to LGBT rights is deeply engrained in Qatar and other Muslim societies. It would likely be socially rejected, even if they were enshrined in law.

The difference means that the defense of LGBT and other socially controversial rights forces activists and human and LGBT rights groups to rethink their strategies and adopt alternative, more long-term approaches.

It also means that they will have to embrace less Western-centric attitudes frequently prevalent in the campaign to reform Qatar’s labour system. Those attitudes were evident in debates that were also often skewed by bias, prejudice, bigotry, and sour grapes.

Moreover, the criticism often failed to consider the context. As a result, achieving results and pushing for reform was, to a degree, undermined by what appeared to be a ganging up on Qatar and a singling out of the Gulf state.

Labour is an example. Human rights groups and trade unions treated onerous labour conditions in Qatar, even if the World Cup turned it into a prime target, as uniquely Qatari rather than a global problem that manifests itself in other parts of the world such as Southeast Asia and even Western democracies like Britain. Recent reporting by The Guardian showed that expatriate medical and caregiver personnel face similar curtailing of rights and abuse in Britain.

By the same token, Qatar was taken to task for being slow in implementing its reforms and ensuring that they were applied not only to World Cup projects but nationwide.

The fact is that lagging enforcement of policies and legal changes is a problem across the broad spectrum of Qatari policies and reform efforts, including the Gulf state’s high-profile, fast-paced, mediation-driven foreign policy.

Qatar’s handling of illegal recruitment fees paid by workers is a case in point.

The Supreme Committee for Delivery & Legacy, the Qatari organizer of the World Cup, has obliged companies it contracts to repay the fees without workers having to provide proof of payment. Companies have so far pledged to repay roughly USD$28.5 million to some 49,000 workers, $22 million of which have already been paid out.

It is a step the government could apply nationally with relative ease to demonstrate sincerity and, more fundamentally, counter the criticism.

Similarly, in response to complaints raised by human rights groups and others, the government could also offer to compensate families of workers who die on construction sites. Again, none of these measures would dent Qatari budgets but would earn the Gulf state immeasurable goodwill.

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‘Effort and patience’ required to restore Iran nuclear agreement

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A view from the Bushehr Nuclear Power Plant in Iran. (file) Photo: IAEA/Paolo Contri

Despite diplomatic engagements, restoring the so-called Iran nuclear agreement continues to be hindered by political and technical differences, the UN political and peacebuilding chief told the Security Council on Thursday.
 

In the landmark accord, formally known as the Joint Comprehensive Plan of Action (JCPOA) – reached in 2015 between Iran, the United States, China, France, Russia, and the United Kingdom – Iran agreed to dismantle much of its nuclear programme and open its facilities to international inspections in exchange for sanctions relief.

In 2018, then-President Trump withdrew the US from the agreement and reinstated the sanctions.

Achieving the landmark JCPOA took determined diplomacy. Restoring it will require additional effort and patience,” said UN political affairs chief, Rosemary DiCarlo.

Although the landmark Joint Commission to restore the Plan resumed in November 2021, she acknowledged that despite their determination to resolve the issues, the US and other participants are yet to return to “full and effective implementation of the Plan, and [Security Council] resolution 2231”.

Appealing to both

Together with the Secretary-General, she urged Iran and the US to “quickly mobilize” in “spirit and commitment” to resume cooperation under the JCPOA.

They welcomed the reinstatement by the US in February of waivers on nuclear non-proliferation projects and appealed to the country to lift its sanctions, as outlined in the Plan, and extend oil trade waivers.

Together they also called on on Iran to reverse the steps it has taken that are inconsistent with its nuclear-related commitments under the Plan.

Monitoring enrichment

While the International Atomic Energy Agency (IAEA) has been unable to verify the stockpile of enriched uranium in Iran, it estimates that there is currently more than 15 times the allowable amount under the JCPOA, including uranium enriched to 20 and 60 per cent, which Ms. DiCarlo called “extremely worrying”.

Moreover, on 8 and 20 June, IAEA reported that Iran had started to install additional advanced centrifuges at the Fuel Enrichment Plant at Natanz and began feeding uranium into advanced centrifuges at the Fuel Enrichment Plant at Fordow.

In his latest report, IAEA Director General Rafael Grossi, informed the Council that the UN agency’s ability to verify and confirm the peaceful nature of Iran’s nuclear activities are key to the JCPOA’s full and effective implementation.

Iran’s decision to remove site cameras and place them and the data they collected under Agency seals, “could have detrimental implications”.

Improved relationships ‘key’

Bilateral and regional initiatives to improve relationships with Iran remain “key” and should be encouraged and built upon, according to Ms. DiCarlo.

Additionally, Member States and the private sector are urged to use available trade instruments to engage with Iran and Tehran is requested to address their concerns in relation to resolution 2231 (2015) on its nuclear issues.

The senior UN official also drew attention to annex B of the resolution, updating ambassadors in the Council on nuclear-related provisions, ballistic missiles and asset freezing.

We hope that diplomacy will prevail – UN political chief

Triumph for multilateralism

The JCPOA was a triumph for non-proliferation and multilateralism,” said the UN political affairs head.

However, after many years of uncertainty, she warned that the Plan is now at “a critical juncture” and encouraged Iran and the US to build on recent momentum to resolve remaining issues.

“The Secretary-General is convinced there is only one path to lasting peace and security for all Member States, and that is the one based on dialogue and cooperation,” she said.  “We hope that diplomacy will prevail”. 

In Iran’s best interest

Olof Skoog, Head of the European Union Delegation to the UN, speaking in his capacity as the Coordinator of the Joint Commission established by the JCPOA, to the Security Council, recognized the negative economic consequences that the US’ withdrawal from the JCPOA has had on Iran but affirmed that restoring the agreement is “the only way” for the country to reap its full benefits.

He reminded that the Plan would comprehensively lift sanctions, encourage greater international cooperation, and allow Iran to reach its “full economic potential”.  

“It is, therefore, important to show the necessary political will and pragmatism to restore the JCPOA,” said Ambassador Skoog who, while acknowledging the sense of urgency, counselled against “escalatory steps” and to preserve sufficient space for the diplomatic efforts to succeed.

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Dynamic diplomacy: From SCO to BRICS

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Image source: Tehran Times

The tree of Iran’s balanced foreign policy approach is on the verge of being a one-year-old child. Stronger than before, Iran is pursuing dynamic diplomacy in a variety of cities such as Doha, Ashgabat, and other capitals. Baghdad will also join the list soon.

While Iran’s top negotiator Ali Bagheri Kani is engaged in intensive negotiations in Qatar with the United States through the European Union delegation, Iran’s President Ebrahim Raisi and his oil and foreign ministers are in Ashgabat pursuing transit diplomacy as well as the legal regime of the Caspian Sea with the littoral states. 

Prior to his departure for Ashgabat on Wednesday, Raisi spoke to reporters about the purpose of his visit to Turkmenistan. 

“This visit is taking place at the invitation of the esteemed president of the brotherly and friendly country of Turkmenistan in order to attend the Caspian Sea littoral states summit,” he remarked.

The President called the Caspian Sea a common heritage and capital for the littoral states with more than 270 million people. 

“We have good relations with the littoral states of the Caspian Sea, but in addition to reviewing the legal regime of the Caspian Sea and peaceful use of the sea for the purpose of improving security at the sea, what will be discussed at the sixth summit of the Caspian Sea littoral states is cooperation between countries in the fields of transport, transit, trade, management of marine living resources, environment, as well as preventing the presence of outsiders in the sea, which is also agreed upon by all coastal countries.”

Prior to the beginning of the summit, Raisi met Serdar Berdimuhamedow, Turkmenistan’s President, as well as Chairman of the People’s Council of Turkmenistan, Gurbanguly Berdimuhamedow.

During the meeting with the President of Turkmenistan, Raisi pointed out that the implementation of the memoranda of understanding and cooperation documents signed by the two countries during Berdimuhamedow’s recent visit to Tehran will accelerate promotion of cooperation between the two countries.

Later, Raisi met with the Azerbaijani President, Ilham Aliyev. 

During the meeting, Raisi reminded Aliyev that the presence of the Israeli regime in any part of the world undermines security there.

The president also had a brief meeting with his Russian counterpart Vladimir Putin on the sidelines of the summit. 

There’s little doubt that Tehran has not put all its eggs into the basket of the JCPOA revival, as it actively seeks to establish trade relations with the neighbors. It’s short-sighted thinking to assume that Iran has to wait for the United States to return to the JCPOA, while it can enjoy the benefits of regional alliances such as the Shanghai Cooperation Organization (SCO), or BRICS (Brazil, Russia, India, China, and South Africa). 

On Monday, Iran’s former Foreign Ministry spokesman Saeed Khatibzadeh, who was holding his last presser, told the Tehran Times correspondent that Tehran has submitted a membership request to the BRICS secretariat via Foreign Minister Hossein Amir Abdollahian. While dynamically trailing balanced and active diplomacy with the neighbors, Tehran is awaiting Washington’s serious political decisions to return to the Joint Comprehensive Plan of Action (JCPOA).

Source: Tehran Times

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