E3 cannot logically activate JCPOA dispute settlement mechanism: Iran Deputy FM

Iran’s Deputy Foreign Minister for Political Affairs Abbas Araqchi
Press TV – January 19, 2020
Iran’s Deputy Foreign Minister for Political Affairs Abbas says the three European signatories to Iran nuclear deal, formally known as the Joint Comprehensive Plan of Action (JCPOA), cannot logically activate the deal’s dispute settlement mechanism, because Iran has already done that.
“We are now engaged in complicated legal discussions and Russia and China are of the same opinion. It was Iran that first resorted to Article 36 [of the JCPOA] and completed its application. Therefore, logically, legally and even politically speaking, the European countries cannot take advantage of this article, because we have already done that and applied its mechanism in full,” Araqchi said while addressing a meeting at the Iranian Foreign Ministry’s School of International Relation on Sunday.
On January 14, the three European signatories to the Iran deal — France, Britain and Germany — formally triggered the dispute mechanism, which accuses Iran of violating the agreement and could lead to the restoration of the anti-Iran UN sanctions that had been lifted by the JCPOA.
Under the mechanism outlined in the deal, the EU would also inform the other parties — Russia and China as well as Iran itself. There would then be 15 days to resolve the differences through the JCPOA Joint Commission. If no settlement is reached through the commission, the foreign ministers of involved countries will then discuss them for another 15 days. In case of need, an advisory board will be formed to help foreign ministers.
Elsewhere in his remarks, Iran’s deputy foreign minister said, the recent measure taken by three European countries is only aimed at dispute settlement and has nothing to do with restoration of UN sanctions against Tehran.
“The trigger mechanism, which may lead to restoration of the United Nations Security Council’s sanctions against Iran has not been started by the three countries,” Araqchi noted.
“They have only resorted to the dispute settlement mechanism as per Article 36 of the deal, while the trigger mechanism is enshrined in Article 37. Article 36 does not automatically lead to Article 37, though it can pave the way for its application,” the top Iranian diplomat added.
The US withdrew from the accord in 2018 and re-imposed its unilateral sanctions on Iran last May. Britain, France, and Germany, under Washington’s pressure, failed to protect Tehran’s business interests under the deal against the American bans.
This May, Iran began to gradually reduce its commitments under the JCPOA to both retaliate for Washington’s departure, and trigger the European trio to respect their obligations towards Tehran.
On January 5, Iran took a final step in reducing its commitments, and said it would no longer observe any operational limitations on its nuclear industry, whether concerning the capacity and level of uranium enrichment, the volume of stockpiled uranium or research and development.
Iranian Foreign Minister Mohammad Javad Zarif has denounced as a “strategic mistake” the European Union’s decision to activate the dispute mechanism, taking them to task for failing to abide by their commitments under the JCPOA, and saying that activating the dispute resolution mechanism is legally baseless and politically a strategic blunder.
Britain, France reiterate commitment to JCPOA
In another development on Sunday, British Prime Minister Boris Johnson and French President Emmanuel Macron reiterated their commitment to the Iran nuclear deal and agreed that “a long-term framework” was needed, a Downing Street spokeswoman said.
In a statement after a meeting between Johnson and Macron on the sidelines of a Libya summit in Berlin, the spokeswoman said, “On Iran, the leaders reiterated their commitment to the JCPOA.”
“They agreed on the importance of de-escalation and of working with international partners to find a diplomatic way through the current tensions,” he added.
Iran to Review Cooperation with Int’l Nuclear Watchdog In Case of ‘Unjust’ Steps by EU – Reports
Sputnik – 19.01.2020
The European parties to the Iranian nuclear deal earlier launched a dispute resolution mechanism under the agreement, a process that could entail the re-imposition of sanctions on Iran.
Iran’s cooperation with the International Atomic Energy Agency will be reviewed if the EU nations take “unjust” measures after triggering the nuclear deal’s dispute mechanism, Iran’s parliamentary speaker was quoted by the local TV as saying.
“We state openly that if the European powers, for any reason, adopt an unfair approach in using the dispute mechanism, we will seriously reconsider our cooperation with the International Atomic Energy Agency”, a local broadcaster quoted Iranian Parliamentary Speaker Ali Larijani as saying.
On Tuesday, three of the signatories to the JCPOA, namely France, the UK, and Germany, confirmed that they had initiated a dispute mechanism that could see the sanctions against Iran reinstated. The move comes amid Iran’s gradual scale-back on its commitments under the deal, prompted by the US unilateral withdrawal from it in 2018.
Iran’s foreign minister previously condemned the three nations for dancing to the tune of the US. President Trump reportedly threatened the European nations with imposing tariffs on them for their lack of action against Tehran.
Iran recently scrapped its remaining limitations under the JCPOA following the assassination of its top military commander Qasem Soleimani in a US drone strike on 3 January. Tehran has been gradually reducing its commitments under the JCPOA since May 2019 following Washington’s unilateral pullout of the treaty one year earlier and imposition of energy and banking sanctions on the state.
How Europe betrayed Iran: By triggering JCPOA dispute mechanism, EU helps Trump finish job of killing the Iran nuclear deal
By Scott Ritter | RT | January 15, 2020
Europe could have saved the Iran nuclear agreement. Instead, it abused the rule of law by inappropriately triggering its dispute mechanism, all but ensuring the agreement’s demise.
Disingenuous diplomacy
On January 5, 2020, Tehran announced that it would no longer comply with its obligations under the Iran nuclear agreement, officially known as the Joint Comprehensive Program of Action (JCPOA). Iran’s actions are in response to the withdrawal of the US from the JCPOA, and the re-imposition of economic sanctions by the US which had been lifted when the deal came into force.
In response to the Iranian actions, the governments of France, Germany, and the UK – all parties to the deal, along with the European Union (EU) – invoked provisions within the JCPOA, known as the Dispute Resolution Mechanism (DRM), in an effort to bring Iran back into compliance.
The triggering of the DRM by the European countries, however, is a disingenuous move designed to provide diplomatic cover for the EU’s own failures when it comes to JCPOA implementation.
Moreover, given the likely outcome of this process, a convening of the UN Security Council where economic sanctions will be re-imposed on Iran by default, the Europeans have all but assured the demise of the JCPOA, with their so-called diplomacy serving as little more than a facilitator of a larger crisis between Iran and the US that, given the heightened tensions between these two nations in the aftermath of the assassination of Qassem Soleimani, precipitously increases the prospects for war.
Big powers always had an easy way out of deal
When the JCPOA was finalized in July 2015, the world was given hope that the crisis over Iran’s nuclear enrichment capability, which had been threatening to boil over into war, had been resolved, and diplomacy had prevailed over armed conflict.
The JCPOA codified a number of restrictions on Iran’s ability to enrich uranium, including the numbers and types of centrifuges that could be used, where enrichment could take place, what level of enrichment could occur, and how large of a stockpile of enriched nuclear material Iran was allowed to maintain, and an intrusive comprehensive inspection regime designed to verify Iran’s compliance.
These restrictions were designed to ease over time through a series of so-called “sunset clauses,” until all that remained was an enhanced inspection process. In short, the JCPOA legitimized Iran’s right to enrich uranium for peaceful purposes while simultaneously recognizing the concerns of some within the international community regarding the potential for Iran to abuse this enrichment capability for military purposes.
The JCPOA was, in effect, a comprehensive confidence building mechanism intended to build trust between Iran and the international community over time, consistent with the agreement’s preamble, which declared “Iran reaffirms that under no circumstances will Iran ever seek, develop or acquire any nuclear weapons.”
Prior to the implementation of the JCPOA, Iran had been subjected to stringent economic sanctions levied under the authority of the UN Security Council. In exchange for entering into the agreement, these sanctions were lifted.
However, the deal recognized that disputes could emerge regarding the implementation of the agreement, and put in place a dispute resolution mechanism which, if no satisfactory solution was found to an identified problem, would result in these sanctions being automatically re-imposed.
A key aspect of this mechanism was that if any party to the agreement used its veto in the UN Security Council to block a vote related to nonperformance on the part of any party to the agreement, then the economic sanctions would automatically be reinstated.
Washington sabotages JCPOA
For the first two-plus years of the deal’s existence, from July 2015 through to May 2018, Iran was found to be in full compliance with its commitments.
In May 2018, however, the US precipitously withdrew from the agreement, claiming that the eventual expiration of the “sunset clauses” paved the way for Iran to produce a nuclear weapon, and as such the JCPOA was little more than a facilitator of Iranian nuclear malign intent.
The US began re-imposing economic sanctions on Iran, all of which included so-called secondary sanctions which applied to any nation that violated the US sanctions. Iran rightfully viewed the re-imposition of sanctions by the US as a violation of the deal.
Furthermore, when EU companies began balking on their willingness to do business with Iran out of fear of US secondary sanctions, Iran rightfully found the EU to be in violation of the JCPOA as well.
Iran gave the remaining parties to the JCPOA six months following the US withdrawal to develop the necessary mechanisms needed to sidestep the impact of the US economic sanctions.
By November 2018, however, no such mechanisms had been implemented, and when the US targeted Iran’s economic lifeblood by sanctioning oil sales, Iran responded by invoking its rights under Article 26 and Article 36 of the JCPOA, which allows Iran to “cease performing its commitments under the JCPOA, in whole or in part”, for either the re-imposition of new nuclear-related sanctions, or “significant nonperformance” of obligations under the JCPOA, or in this case, both.
Since that time, Iran has been gradually stepping away from the restrictions imposed on it, noting each time that its measures were immediately reversible should the underlying issues be resolved in a manner that complied with the letter and intent of the JCPOA.
Europe’s cowardice
In short, Iran demanded that the EU live up to its obligations to stand up to the US economic sanctions. The EU has consistently failed to do so, resulting in Iran’s gradual backing away from its obligations, leading to the current state of affairs where all of the restrictions imposed by the JCPOA, not including international inspections, which continue unabated, have ceased to be in operation.
When it comes to levying fault for the current state of affairs, there is no “chicken or egg” causality up for debate. Blame lies squarely on both the US for withdrawing from the deal, and the EU for failing to live up to its obligations under the JCPOA regarding economic engagement with Iran.
Iran has long warned the governments of France, Germany, and the UK not to invoke the DRM, noting that the JCPOA does not permit such a move if, as is the case today, Iran is exercising its legal right in response to the illegal and unilateral actions of the US.
There is no realistic expectation that Iran will change its position in this regard. Russia and China have already indicated that Iran is fully within its rights within the JCPOA to back off its obligations regarding restrictions imposed on its nuclear program, citing US and EU non-performance.
By invoking the DRM, the Europeans have, knowingly and wittingly, initiated a process that can only have one outcome, the termination of the JCPOA. In doing so, the EU has breathed life into unfounded US allegations of Iranian nuclear weapons intent, setting up an inevitable clash between the Washington and Tehran that has the real potential of dragging the whole world down with it.
Scott Ritter is a former US Marine Corps intelligence officer. He served in the Soviet Union as an inspector implementing the INF Treaty, in General Schwarzkopf’s staff during the Gulf War, and from 1991-1998 as a UN weapons inspector.
Non-commitment probe into Iran by France, Germany & UK ‘groundless,’ only increases tensions around nuclear deal – Russia
RT | January 14, 2020
The European trio’s accusation that Iran violates the key restrictions of the nuclear deal are unjustified, the Russian Foreign Ministry said urging the countries not to increase tensions that could endanger the pact.
Paris, Berlin and London officially reported Iran’s non-compliance with the 2015 agreement to the Joint Commission under the Dispute Resolution Mechanism. This step could potentially lead to the UN Security Council being forced to decide on whether or not to bring back sanctions against Tehran.
“We can’t rule out that the ill-considered actions of the European trio will lead to a new escalation around the JCPOA (Joint Comprehensive Plan of Action) and make the return to the implementation of the ‘nuclear deal’ in its initially agreed format unachievable,” Russia’s Foreign Ministry said in a statement.
Iran rolled back on its uranium enrichment constraints detailed in the international agreement earlier this month after one of its top military commanders, Qassem Soleimani, was assassinated in an American drone strike in Iraq.
Tehran’s decision to put its commitments on hold was a response to the actions of the US, which unilaterally withdrew from the deal in May 2018 and reintroduced restrictions against Iran, the ministry reminded. However, the country keeps allowing the International Atomic Energy Agency (IAEA) monitors to its nuclear sites – and “the transparency of the Iranian nuclear program has been one of the key clauses of the nuclear deal.”
Despite vocally rejecting the US campaign of “maximum pressure” on Iran, France, Germany and the UK are “either not ready or can’t afford to” work on finding effective ways of bypassing the hurdles to the deal created by Washington.
There are also “serious problems” with implementing the side of the deal on the part of the European trio, the ministry said. When all those issues are settled, “Iran would have no reason to retract from the initially agreed framework of the JCPOA.”
Code-Panic: A Controlled Opposition Spectacle
By Gilad Atzmon | January 12, 2020
Ariel Gold is the national co-director of CODEPINK, an American female “grassroots peace and social justice movement” that claims to work “to end U.S.-funded wars and occupations.” Ariel claims to support the Palestinians and oppose Israel. She has published articles in Jewish progressive outlets such as the Forward, Tikkun Magazine and Mondoweiss.
On January 3rd, just a few hours after the world became aware of the assassination of Iranian General Qasem Soleimani by an American drone attack, Ariel, the so called ‘Jewish dissenter’ rushed to post the following tweet:
“Loving reminder to folks rightfully horrified the US attack on Iran: please don’t frame this as being as being done to please Israel. This is Donald Trump and his band of US war hawks, period. To suggest Jews are pulling the strings is nothing short of antisemitism.”
The Jewish progressive activist basically insisted that any such criticism of Israel was ‘antisemitism.’ She was also naive to prematurely vindicate the Jewish State of involvement in the unlawful assassination: a crime that may lead to unpredictable and lethal consequences in the near future.
Today’s news reports that Israel was deeply involved in the targeted assassination of the Iranian general. The Times of Israel’s headline this morning reads:
“Israeli intel helped US carry out strike that killed Iran’s Soleimani.” The article states that “Information provided by Jewish state confirmed that Quds Force leader was at Baghdad airport before missile strike, NBC News reports.”
Amongst my sins is the argument I have made for almost two decades: for the solidarity and peace movements to be genuine, functional and effective they must be emancipated from the grip of the so called Jewish progressives. As things stand at the moment, solidarity with the oppressed is restricted by the sensitivities of the oppressor.
Facebook ‘thought police’ censors pro-Iran posts ‘to comply with US sanctions’… as Trump warns Tehran against censorship
RT | January 12, 2020
Facebook has admitted to selectively censoring pro-Iranian government Instagram posts about the murdered General Soleimani, as US President Donald Trump hypocritically championed free speech and warned Tehran against censorship.
Instagram has confirmed that they have been removing posts that voice support for Qassem Soleimani, with a Facebook spokesperson claiming that censorship is fully justified in order to comply with US sanctions. Instagram is one of the few social media platforms that is not blocked in Iran, and it is where many within the country went to fuel outrage over the US assassination strike in Iraq last week.
The International Federation of Journalists condemned the censorship effort as “unprecedented in the history of social networks and in conflict with the very innate actuality of media.” In its letter to Instagram, the AoIJ Teheran noted that numerous Iranian state media accounts had been removed and 15 journalists had been censored recently, which goes against freedom of speech principles.
“These massive Big Tech corporations are Thought Police for the US government: Facebook and Instagram are removing posts expressing support for Iran’s top general Soleimani,” tweeted journalist Ben Norton. “They say it’s to comply with US sanctions, but how do posts violate sanctions?”
The US government designated the Islamic Revolutionary Guard Corps (IRGC) a foreign terrorist organization last year, in an unprecedented move against a sovereign nation’s military. The IRGC’s elite Quds Force, led by Soleimani, was among those forces that turned the tide against the Islamic State terrorist ‘caliphate’ in Syria. But technically, since Washington considers him a terrorist, Facebook has a convenient excuse to sensor any posts critical of the US extrajudicial assassination strike.
While Facebook was acting as ‘thought police’ on behalf of the US government, Washington has been championing free speech and warning the Tehran government against restricting the Iranian people’s internet access. US President Donald Trump personally addressed anti-government protesters in the streets of Iran – in Farsi mind you – reassuring them of unwavering support.
Iran’s fifth step in suspending nuclear commitments will not mean end to JCPOA: Araqchi

Iranian Deputy Foreign Minister for Political Affairs Abbas Araqchi
Press TV – January 7, 2020
A senior Iranian official says the country’s decision to take the fifth and final step in reducing its commitments under a landmark nuclear deal it clinched with major world powers in 2015 does not mean an end to the accord or Tehran’s withdrawal from it.
Speaking to reporters in Tehran on Tuesday, Iranian Deputy Foreign Minister for Political Affairs Abbas Araqchi said the last step means that “we have reached a reasonable balance” in the nuclear deal, officially known as the Joint Comprehensive Plan of Action (JCPOA).
“The US withdrawal from the JCPOA disrupted the balance of this international accord and now we think that we have reached a reasonable balance in the JCPOA after scaling back the nuclear commitments,” he added.
The Iranian government announced in a statement on Sunday that from now on, the country will observe no operational limitations on its nuclear industry, including with regard to the capacity and level of uranium enrichment, the amount of enriched materials as well as research and development.
“By taking the fifth step in reducing its commitment, the Islamic Republic of Iran eliminates the last key operational restriction it faced under the JCPOA, which is the limitation imposed on the number of centrifuges,” it said.
Araqchi, who is also a senior nuclear negotiator, further said the amount of enrichment would depend on the agenda of the Atomic Energy Organization of Iran (AEOI) and the country’s requirements.
He reiterated that the Islamic Republic would continue to cooperate with the International Atomic Energy Agency (IAEA) and said, “We are ready to come back to the previous process whenever the opposite sides [of the nuclear deal] will be able to meet our demands and fulfill their commitments under the JCPOA.”
“It is possible to save the JCPOA if the opposite sides want,” the Iranian diplomat added.
In response to a question about the possibility of Europe triggering the JCPOA’s “dispute resolution mechanism,” also known as the trigger mechanism, whose activation can lead to the return of the UN sanctions on Iran, Araqchi said it only would accelerate the termination of the deal.
“As Iran acted wisely after the US withdrawal from the JCPOA, the other sides are also expected to behave prudently and refrain from escalating tensions,” he added.
US President Donald Trump, a stern critic of the historic deal, unilaterally pulled Washington out of the JCPOA in May 2018, and unleashed the “toughest ever” sanctions against the Islamic Republic in defiance of global criticism in an attempt to strangle the Iranian oil trade.
In response to the US unilateral move, Tehran has so far rowed back on its nuclear commitments four times in compliance with Articles 26 and 36 of the JCPOA, but stressed that its retaliatory measures will be reversible as soon as Europe finds practical ways to shield the mutual trade from the US sanctions.
Iran’s latest nuclear announcement coincided with a major escalation of tensions with Washington after the US assassination of Lieutenant General Qassem Soleimani, the commander of the Quds Force of the Islamic Revolution Guards Corps (IRGC), in a drone strike in the Iraqi capital of Baghdad early on Friday.
Iran has criticized the three European signatories to the JCPOA — Britain, France and Germany — for failing to salvage the pact by shielding Tehran’s economy from US sanctions.
Enrichment based on technical needs: Iran rolls back on 2015 nuclear deal
RT | January 5, 2020
Tehran has removed the last constraints it agreed to impose on its nuclear program under the 2015 deal but said it is ready to return to fulfilling its obligations under the agreement if the US lifts sanctions.
Iran’s nuclear program “no longer faces any operating restrictions,” a government statement cited by Iranian media said, adding that parameters of enrichment capacity, enrichment level and the amount of enriched material would from now on be determined only by the program’s “technical needs.”
Tehran still vowed to continue its cooperation with the International Atomic Energy Agency (IAEA) and said that it could potentially return to fulfilling its obligations under the nuclear deal if sanctions imposed by Washington are lifted and Tehran’s interests are respected.
Russia says extension of UN arms embargo on Iran out of question
Press TV – December 27, 2019
Russian Deputy Foreign Minister Sergei Ryabkov has ruled out the possibility of renewing a UN arms embargo against Iran which is to expire in October 2020 in line with the 2015 nuclear deal between Tehran and world powers.
Speaking to the Russian news agency Interfax, Ryabkov said restrictions on Iran’s import and export of arms will expire next year as per the Joint Comprehensive Plan of Action (JCPOA) and it is not possible to renew them.
The US officials’ calls for extension of the embargo are considered as a foreign policy move that has no basis and principle, Ryabkov noted, highlighting that the removal of the embargo is based on the JCPOA, signed by several parties including the US and endorsed by the UN Security Council Resolution 2231.
The Russian official said Moscow is not going to bow to the US demands whenever they want. “They may come up with something else next time.”
Under the nuclear deal, from which the US unilaterally withdrew last year, a UN ban on weapons sales to Tehran will end in October 2020.
Last month, President Hassan Rouhani said Iran intends to stay in the nuclear deal despite the US violations, arguing that the accord will be put to good use next year when a long-running arms embargo against Tehran comes to an end.
“By continuing the JCPOA, we will fulfill a major objective in terms of politics, security and defense,” he said.
Noting that for years Iran has been banned by the United Nations from buying and selling any kinds of weapons, Rouhani said the arms embargo will end next year according to the deal and the UN Security Council Resolution 2231, which endorses it.
“This is one of the important effects of this deal. Otherwise, we could leave the deal today but the kind of benefit we stand to reap next year will no longer exist,” he said.
As the expiration date gets closer, the White House is getting more nervous and American authorities are doing their utmost to make the restrictions permanent.
Last October, US special envoy to Iran Brian Hook told a congressional hearing on US-Iran policy that Washington wanted the UN Security Council to renew the Iranian arms embargo.
One of the issues used by the United States to withdraw from the nuclear deal between Iran and the P5+1 countries was the time span of the UN arms embargo on Iran. The measure covers all weapons sales and “related material” to Iran.
Earlier in August, US Secretary of State Mike Pompeo expressed concern that the resolution restricting weapons sales to Iran is due to end in October 2020.
Iran’s Ambassador to the UN Majid Takht Ravanchi responded to Pompeo’s comments and slammed the United States for causing insecurity and instability with its military presence and “unbridled flow of American weaponry into this region, which has turned it into a powder keg.”
Japan to send helicopter-carrying destroyer & spy planes to ensure ‘safe passage’ of oil from increasingly crowded Middle East
RT | December 27, 2019
Japan’s cabinet has approved a plan to send its warship and surveillance planes to the Middle East, framing the controversial mission as “study and research activities” totally separate from the US initiative to contain Iran.
Tokyo is expected to send a destroyer with 200 crew and carrying up to two patrol helicopters alongside two P-3C anti-submarine patrol airplanes to the Gulf of Oman sometime in February, for a year-long mission.
The deployment is styled as a “study and research” mission to ensure “safe passage” for Japanese vessels through the region from which Tokyo receives some 90% of its oil imports. Yet in case of “unexpected developments,” local media report, a special order might be issued by the Japanese defence minister to allow the ‘Self-Defense Force’ to use weapons.
The possibility of Japanese deployment to the region was first voiced soon after a Japanese oil tanker came under a totally not suspicious attack back in June that by pure coincidence occurred just as Prime Minister Shinzo Abe was meeting with Iran’s supreme leader, Ayatollah Seyed Ali Khamenei.
Washington blamed Tehran for that and other attacks, pitching the idea of a maritime ‘policing’ mission but finding little enthusiasm among its allies. Besides Bahrain and the UAE, only the UK agreed to send a couple of destroyers after an embarrassing incident when it tried to seize an Iranian tanker under a bogus pretext only to get its own vessel impounded in a tit-for-tat response. Saudi Arabia joined the naval alliance after a drone attack – that was also pinned on Iran – targeted a major oil facility in the country. In addition, Australia promised to join sometime next year and the US says it’s only a “matter of time” until Qatar and Kuwait also join.
France in the meantime is spearheading a European-led mission independent of the US-led maritime initiative, as the US failed to convince European allies that its gunboat diplomacy was indeed only aimed at ‘protecting’ crucial waterways rather than enforcing Washington’s unilateral sanctions on Iran.
