A key provision in the Iran deal negotiated by the Obama administration and the regime in Tehran violates existing federal law, according to a new report. U.S. officials have concluded a provision regarding billions of dollars in sanctions relief, according to State Department correspondent James Rosen at Fox News, cannot be implemented without conflicting with and violating existing federal statutes passed by Congress and signed by the White House.
Of course, the president alone, irregardless of a treaty, does not have the power to supersede legislation and law, though it is unclear what impact there may be on the Senate-GOP’s capitulation over procedural rules for approving the Iran nuclear agreement.
In the Joint Comprehensive Plan of Action, or JCPOA, specifically, Section 5.1.2 of Annex II, says the 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, foreign subsidiaries of U.S. parent companies under certain circumstances will be permitted to conduct business with Iran. However, the Iran Threat Reduction and Syria Human Rights Act (ITRA), which was actually signed into law by President Obama, himself, in August 2012, explicitly closes what is known as the “foreign sub” loophole.
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