Ken Berwitz
Some senior U.S. officials involved in the implementation ofthe Iran nuclear deal have privately concluded that a key sanctions reliefprovision – a concession to Iran that will open the doors to tens of billionsof dollars in U.S.-backed commerce with the Islamic regime – conflicts withexisting federal statutes and cannot be implemented without violating thoselaws, Fox News has learned.
At issue is a passage tucked away in ancillary paperworkattached to the Joint Comprehensive Plan of Action, or JCPOA, asthe Iran nuclear deal is formally known. Specifically, Section 5.1.2 of Annex II provides that in exchange for Iraniancompliance with the terms of the deal, the U.S. “shall…license non-U.S.entities that are owned or controlled by a U.S. person to engage in activitieswith Iran that are consistent with this JCPOA.”
In short, this means thatforeign subsidiaries of U.S. parent companies will, under certain conditions,be allowed to do business with Iran. The problem is that the Iran Threat Reduction and Syria Human RightsAct (ITRA), signed into law by President Obama in August 2012, wasexplicit in closing the so-called “foreign sub” loophole.
-This is an administration that has unilaterally changed ObamaCare dozens of times without going through congress…which legislated it. That is unconstitutional.-This is an administration which bombed Libya for over a half year without seeking congressional approval. That is unconstitutional.-This is an administration that tells us in so many words which laws it will enforce and which it will not.
