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U.S. Law on Congressional Review Could Complicate Return to Iran Deal

(RealClearWorld) Stephen Rademaker - As it seeks a negotiated return to the 2015 Iran nuclear deal (JCPOA), the Biden administration may find its hands tied by the 2015 Iran Nuclear Agreement Review Act (INARA). The INARA mandates congressional review - and provides for potential disapproval - of not just the JCPOA, but any "agreement related to the nuclear program of Iran...regardless of the form it takes." Further, the Act prohibits the extension of sanctions relief during the 30-day period the law sets aside for congressional review of any nuclear agreement with Iran. To its credit, the Biden administration has recognized that it would be foolhardy to simply lift all sanctions and hope that Iran will immediately return to full compliance. But if the Biden administration agrees with Iran on a pathway for returning to the nuclear deal, INARA will require that agreement to be submitted for congressional review. The Act further requires the president to submit a compliance certification to Congress every 90 days confirming that "Iran is transparently, verifiably, and fully implementing the agreement." If Tehran doesn't try to fully comply, Biden certainly won't be able to make the certification. When Obama presented his nuclear deal to Congress in 2015, it was opposed by all Republicans, 25 House Democrats, and four Senate Democrats. Given the narrow margins in the newly elected Congress, Biden will need to command stronger support than that to prevent Congress from passing legislation to upend his Iran policy. The writer is a former assistant secretary of state for international security and nonproliferation.
2021-03-04 00:00:00
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