Washington: The Trump administration declared Saturday that all UN sanctions against Iran have been restored, a move most of the rest of the world rejects as illegal and sets the stage for an ugly showdown at the world body ahead of its annual General Assembly.
The administration said that its triggering of the 'snapback' mechanism in the UN Security Council resolution that enshrined the 2015 Iran nuclear deal had taken effect at 8 pm Eastern Time. That is 30 days after Secretary of State Mike Pompeo notified the council that Iran was in 'significant non-performance' with its obligations under the accord, known as the Joint Comprehensive Plan of Action, or JCPOA.
“The United States took this decisive action because, in addition to Iran’s failure to perform its JCPOA commitments, the Security Council failed to extend the UN arms embargo on Iran, which had been in place for 13 years,” Pompeo said in a statement released at precisely 8 pm.
“In accordance with our rights ... we initiated the snapback process to restore virtually all previously terminated UN sanctions, including the arms embargo,” he said. “The world will be safer as a result.”
The White House plans to issue an executive order on Monday spelling out how the US will enforce the restored sanctions, and the State and Treasury departments are expected to outline how foreign individuals and businesses will be penalized for violations.
“The United States expects all UN, member states to fully comply with their obligations to implement these measures,” Pompeo said. “If UN, member states fail to fulfil their obligations to implement these sanctions, the United States is prepared to use our domestic authorities to impose consequences for those failures and ensure that Iran does not reap the benefits of UN-prohibited activity.”
But the US move faces stiff opposition from the other members of the Security Council who have vowed to ignore it. They say the US lost legal standing to invoke snapback when President Donald Trump withdrew from the nuclear deal in 2018 and reimposed American sanctions on Iran. The US argues it retains the right to do it as an original participant in the deal and a member of the council.
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Even before the US declaration, fellow Security Council members said the declaration had no legal force, calling into question the ability to enforce snapback. Snapback means that international sanctions eased or lifted by the nuclear deal are reimposed and must be enforced by UN member states, including hitting Iran with penalties for uranium enrichment to any level, ballistic missile activity and buying or selling conventional weapons.
Those bans were either removed or set to expire under the terms of the deal in which Iran was granted billions of dollars in sanctions relief in return for curbs on its nuclear program.
China and Russia have been particularly adamant in rejecting the US position, but US allies have not been shy either. In a letter sent Friday to the president of the Security Council, Britain, France and Germany the three European participants who remain committed to the deal said the U.S. announcement 'is incapable of having a legal effect and so cannot bring in to effect the procedure'.
“It flows from this that any decisions and actions which would be taken based on this procedure or on its possible outcome would also be incapable of having any legal effect,” they wrote. Thus, the three countries said, the sanctions relief provided by the nuclear deal will remain in place.