About Us

IMRA
IMRA
IMRA

 

Subscribe

Search


...................................................................................................................................................


Monday, September 11, 2017
[Demanding inspection of military site?] Options to Cease Implementing the Iran Nuclear Agreement - Congressional Research Service

Dr. Aaron Lerner - IMRA: Iran has taken a firm stand that military sites
will not be inspected such that the IAEA may not be equipped to take a
position should the United States launched an initiative to create an
"unresolved issue" by insisting that a military site be inspected for
activities specifically prohibited by the JCPOA.

===
Use of JCPOA Provisions

The Administration might seek to use the provisions of the JCPOA itself to
cease U.S. implementation of its commitments under the agreement. Paragraph
36 of the JCPOA outlines a complex “Dispute Resolution Mechanism” under
which any party to the agreement can assert that another party is violating
the accord and seek to resolve the issue. The Trump Administration could
conceivably use this mechanism to accuse Iran of violating the letter - or
spirit - of the JCPOA. The JCPOA mechanism outlines a process by which Iran
can resolve such a dispute but provides that, “if the complaining
participant deems the issue to constitute significant non-performance, then
that participant could treat the unresolved issue as grounds to cease
performing its commitments under this JCPOA....”11 The dispute resolution
mechanism also provides for the United States to be able to “snap back” all
U.N. sanctions that were in place prior to Implementation Day of the JCPOA
(January 16, 2016). 12 The United States is a veto-wielding permanent member
of the U.N. Security Council, and the dispute resolution mechanism enables
any veto-wielding member to block a U.N. Security Council resolution that
would continue the lifting of U.N. sanctions.

The dispute resolution mechanism generally refers to the ability of any
party to complain about potential non-performance of only those issues that
are directly addressed in the JCPOA – and not issues that are not covered by
the agreement, such as ballistic missiles development or Iran’s regional
activities. The International Atomic Energy Agency (IAEA) is the
international body that is charged with monitoring and verifying Iran’s
nuclear commitments. A U.S. accusation of Iranian non-compliance – in the
absence of supporting evidence from the IAEA – would undoubtedly raise
questions among other parties to the JCPOA about the U.S. accusations
against Iran. The text of the JCPOA dispute resolution mechanism does not
address the ability of any JCPOA party to accuse another of violating
non-nuclear aspects of the accord.

11 Paragraph 36 of the JCPOA.
12 Paragraph 37 of the JCPOA

Excerpt from : Options to Cease Implementing the Iran Nuclear Agreement -
Congressional Research Service
September 7, 2017
https://fas.org/sgp/crs/nuke/R44942.pdf

Search For An Article
....................................................................................................

Contact Us

POB 982 Kfar Sava
Tel 972-9-7604719
Fax 972-3-7255730
email:imra@netvision.net.il IMRA is now also on Twitter
http://twitter.com/IMRA_UPDATES

image004.jpg (8687 bytes)