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Obama Administration Lied to Congress About Helping Iran, Part 2

Yesterday, we reported that the Senate’s Subcommittee on Investigations has found that the Obama Administration lied to both Congress and the media, concerning its attempt to circumvent U.S. sanctions on Iran.  Today, we examine the Committee’s findings of fact and recommendations.

The curious desperation of the Obama Administration to help Iran was illustrated by the White House move to encourage foreign banks to assist the Tehran regime.  The just-released Report of the Senate’s Permanent SubCommittee on Investigations notes that “The State Department and Treasury Department held at least 200 meetings or ‘roadshows’ around the world to encourage other countries to do business with Iran. Treasury Department officials downplayed any potential future penalties or fines, stating that 95 percent of the time, The Office of Foreign Asset Control (OFAC) sends a warning letter or takes no action. And at least one European regulator who attended an OFAC roadshow, commented that foreign financial institutions felt ‘political pressure’ to conduct business with Iran and Iranian companies. ”

Review of U.S. Treasury Department’s License to Convert Iranian Assets Using the U.S. Financial System:  MAJORITY REPORT PERMANENT SUBCOMMITTEE ON INVESTIGATIONS UNITED STATES SENATE

FINDINGS OF FACTS AND RECOMMENDATIONS

Findings of Fact

(1) Under the JPOA, Iran transferred roughly $13.4 billion in oil revenue assets to restricted accounts overseas. Iran deposited $8.8 billion of that oil revenue in one restricted account at Bank Muscat in Muscat, Oman.

(2) Following Implementation Day for the JCPOA, Iran began to seek the benefits of the deal, including requesting access to assets frozen in restricted accounts. While other countries were free to do business with Iran, primary sanctions by the United States remained in place under the terms of the JCPOA. This meant it continued to be illegal for U.S. persons and entities to do business with Iranian persons and entities.

(3) Iran requested access to the U.S. financial system. Three days after Implementation Day, Bank Muscat contacted OFAC on behalf of the Central Bank of Iran. Bank Muscat sought to convert $5.7 billion in Omai rials into euros on behalf of Iran. Because the rial is pegged to the U.S. dollar, the most efficient conversion was with an intermediary step through a U.S. bank using U.S. dollars. However, other options to convert the rials into euros without using the U.S. dollar existed.

(4) U.S. government officials testified before Congress that Iran was not granted access to the U.S. financial system under the JCPOA. In July 2015, Treasury Secretary Jack Lew testified before the Senate Foreign Relations Committee that, under the JCPOA, Iran “will continue to be denied access to the [U.S.’s] financial and commercial market.” Later that same month, the Treasury Department’s Acting Under Secretary for Terrorism and Financial Intelligence, Adam Szubin, testified to the Senate Banking Committee: “Iranian banks will not be able to clear U.S. dollars through New York, hold correspondent account relationships with U.S. financial institutions, or enter into financing arrangements with U.S. banks.” Ambassador Thomas Shannon from the State Department testified that there would not be an “exchange of dollars inside the U.S. financial system” and that Iran would not have access to the larger U.S. financial system.

(5) The Treasury Department issued a specific license to authorize Iran’s assets at Bank Muscat to be converted to U.S. dollars through the U.S. financial system. On February 24, 2016, OFAC issued a specific license to Bank Muscat authorizing Iranian assets worth roughly $5.7 billion to flow through the U.S. financial system. The Bank Muscat specific license expired on February 28, 2017.

(6) For the duration of the specific license, Bank Muscat was authorized to use the U.S. financial system to convert additional future Iranian deposits, known as “fresh funds.” One Bank Muscat executive wrote this was a “gigantic breakthrough which has assured Iran of almost full global financial inclusion.”

(7) U.S. government officials encouraged two U.S. banks to convert Iran’s rials. Following the issuance of the specific license, OFAC contacted two U.S. banks to convert Iran’s rials to U.S. dollars. A State Department official even suggested that Secretary Kerry or Secretary Lew should contact the U.S. banks and encourage them to facilitate the conversion. Both banks declined to complete the transaction due to compliance, reputational, and legal risks associated with doing business with Iran.

(8) The Senior State Department Official negotiating implementation of the JCPOA understood giving Iran access to the U.S. financial system was prohibited by U.S. sanctions and outside the relief under the JCPOA or JPOA. That official wrote to his Iranian counterpart that the specific license “exceeded” the U.S. commitments under the JCPOA. He continued that the Treasury Department authorized the transaction “as a gesture of support” to Iran.

Hereby what is to be done? Think to yourself levitra tab 20mg robertrobb.com for a moment. A http://robertrobb.com/petersen-denied-the-presumption-of-innocence/ buy generic levitra medicinal drug like Sildenafil Citrate helps improve erection by boosting blood flow. Erectile dysfunction is an inability to retain a satisfactory erection while the sexual levitra on line intercourse. Many women are reluctant or too embarrassed to discuss their medical needs in a levitra overnight public place;- Lower costs, as well as tightens Pubo Coccygeal that enhance your performance in the bed. (9) Treasury Department officials strongly considered issuing a general license authorizing all foreign financial institutions to conduct similar transactions using the U.S. financial system to convert Iranian assets. One official at the National Security Council emailed concerns about linking the general license to the JCPOA. In response, a Treasury Department official disagreed and asserted a general license must be linked to the JCPOA and revoked in the event of a snapback. That general license was never issued once it was evident that U.S. financial institutions did not appear eager to conduct foreign currency exchanges on behalf of Iran. 7

(10) Materials prepared for Treasury Secretary Lew to testify before Congress about the JCPOA suggested he disclose the specific license to Bank Muscat “if pressed.” In his testimony, Secretary Lew did not disclose the specific license authorizing Iran to access the U.S. financial system. In fact, the Treasury Department maintained Iran was not given access to the U.S. financial system, nor was the U.S. government working to give them access.

(11) When the two U.S. correspondent banks declined to convert the funds, other options were considered. The other options considered included Bank Muscat coordinating with the Federal Reserve Bank of New York, the Bank for International Settlements, and the Central Bank of Germany. None of these options were effectuated.

(12) The State Department and Treasury Department held at least 200 meetings or “roadshows” around the world to encourage other countries to do business with Iran. Treasury Department officials downplayed any potential future penalties or fines, stating that 95 percent of the time, OFAC sends a warning letter or takes no action. And at least one European regulator who attended an OFAC roadshow, commented that foreign financial institutions felt “political pressure” to conduct business with Iran and Iranian companies.

(13) Treasury Department officials proactively contacted foreign financial institutions to provide information about the JCPOA’s sanctions relief. In one example, an OFAC compliance officer proactively contacted a foreign financial institution to make sure they “understood Iran sanctions relief.” The communication left the foreign financial institution confused, since that foreign financial institution “had no business with Iran.” (14) Iran’s assets remained at Bank Muscat. Despite issuing the specific license to allow Iran to access the U.S. financial system, Bank Muscat was unable to effectuate the conversion using the U.S. dollar. The State Department indicated Iran converted the funds in small increments using European banks and without accessing the U.S. financial system.

Recommendations

(1) Informed future negotiations with Iran. The current Administration should be aware of the importance of Iran accessing the U.S. financial system in any future negotiations regarding sanctions relief with Iran. The Administration should brief congressional committees of jurisdiction 8 and oversight committees periodically and on request of the status of any future negotiations.

(2) Congress should require the Treasury Department to provide notice of any specific license to Congress. The notice to Congress should be provided to all congressional committees of jurisdiction and oversight committees within a reasonable time prior to the license taking effect. The notice should, at minimum, include a copy of the specific license.

(3) Understand other sanctions relief granted to Iran. The Treasury Department should immediately provide all JPOA and JCPOA related specific licenses and comfort letters to congressional committees of jurisdiction and oversight committees.

(4) Agencies should increase coordination with regard to sanctions. The State and Treasury Departments should closely coordinate when discussing sanctions relief to ensure that State Department policy goals can be properly executed with Treasury Department tools, such as general or specific licenses.

(5) Increased policing of U.S. sanctions policies. OFAC should effectively police U.S. sanctions and ensure the current sanctions regime is properly enforced. OFAC officials should also refrain from telling foreign persons and entities that violations of U.S. sanctions only result in an enforcement action five percent of the time.

Illustration: Pixabay

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Obama Administration Lied to Congress About Helping Iran

A just-released report from the Senate’s Permanent Subcommittee on Investigations Committee reveals that the Obama administration violated existing sanctions on Iran and clandestinely attempted to give that nation unlawful access to America’s financial system. The White House specifically and repeatedly lied to both Congress and the American public about this.

In March 2016, Senators Marco Rubio and Mark Kirk wrote to the Treasury Department to seek clarity on “new reports suggesting the Administration is working to give Iran access to the U.S. financial system or to dollar transactions outside of the U.S. financial system.” The Treasury Department falsely responded in June 2016: “To be clear, the U.S. Department of Treasury is not working on behalf of Iran to enable Iranian access to U.S. dollars elsewhere in the international financial system, nor are we assisting Iran in gaining access to dollar payment systems outside the U.S. financial system. The Administration has not been and is not planning to grant Iran access to the U.S. financial system. Just three months earlier, the same agency issued a specific license for Iran to access to the U.S. financial system and the U.S. dollar.”

Previous to the 2016 deception, in July 2015, Treasury Secretary Jack Lew testified before the Senate Foreign Relations Committee that, under the Joint Comprehensive Plan of Action (JCPOA, the Iran Nuclear Agreement)  that Iran “will continue to be denied access to the [U.S.’s] financial and commercial market.” Later that same month, the Treasury Department’s Acting Under Secretary for Terrorism and Financial Intelligence, Adam Szubin, testified to the Senate Banking Committee: “Iranian banks will not be able to clear U.S. dollars through New York, hold correspondent account relationships with U.S. financial institutions, or enter into financing arrangements with U.S. banks.”

Under existing sanctions, it was illegal for any individual, entity, or financial institutions to do business with Iran or parties on behalf of Iran. This ban also included any “U-Turn” transactions—which are transactions by or on behalf of an Iranian bank in which a U.S. bank acted solely as an intermediary to convert one foreign currency into dollars and then to another foreign currency.

The joint dysfunction is treated in a variety of ways buy your doctor must cialis professional cipla OK it. Earlier sildenafil pfizer there was no proper cure to the issue of erectile dysfunction is a serious but common one. Diabetes is a slowly progressive, autoimmune disorder; associated with faulty regulation of order cheap viagra immune system; thus, attacking and destroying insulin production and/or insulin functioning. Purchase named buy viagra line and various IMPOTENCE PROBLEMS relief medication working with safe and sound internet obtaining models when taking advantage of definite prudence in the obtaining plus transport approach. Obama’s clandestine move, which gave license to Bank Muscat to do an end-run around the sanctions, ultimately failed because U.S. banks refused to cooperate. According to the report, they refused “primarily due to the unwillingness to take on the legal and compliance risk posed by the complex conversion, but also reputational concerns in doing business with a comprehensively sanction country like Iran.” Without a willing U.S. correspondent bank, Iran’s assets remained at Bank Muscat. Undeterred by the banks’ appropriate move,  Obama’s Treasury and State Department officials sought other ways to move the funds. Discussions involved coordinating with the Federal Reserve Bank of New York, the Bank for International Settlements, and the Central Bank of Germany. The Report notes that “None of these alternatives were effectuated.”

Officials of the former Administration have refused to comment.

The Report notes that “For 30 years, the United States and its international partners imposed a strict sanctions regime against the Government of Iran to influence Iranian policy. In 2011, the United States and other world powers implemented crippling financial sanctions on Iran in response to the country’s enrichment of uranium and development of nuclear weapons. The sanctions took a toll on the country and its people. The pressure of effective sanctions afforded the United States an opportunity to work to achieve concessions in exchange for sanctions relief. As the United States negotiated with Iran, one important U.S. interest consistently remained off-limits: Iran would not be granted access to either the U.S. financial system or the U.S. dollar. This notwithstanding, the U.S. Department of the Treasury, at the direction of the U.S. State Department, granted a specific license that authorized a conversion of Iranian assets worth billions of U.S. dollars using the U.S. financial system. Even after the specific license was issued, U.S. government officials maintained in congressional testimony that Iran would not be granted access to the U.S. financial system.”

The Report Continues Tomorrow

Illustration: Pixabay

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Iran Nuclear Deal, North Korean talks: The Difference

There is a remarkable contrast between the current state of the North Korean negotiations and the recently decertified Iran Nuclear Agreement.

In August, President Trump threatened the Pyongyang government with “Fire and fury like the world has never seen” in response to its advances in atomic weaponry. Much of the media and the political left reacted to those words with a fit of apoplexy, and predicted something not very short of Armageddon.  The threatening tactic, however, has achieved the desired result.  Before even taking a seat at the bargaining table, Kim Jong-un has returned Americans he had illegally detained, and announced that he would abandon his nuclear efforts. Indeed, journalist have already been invited to a ceremony later this month in which the Hermit Kingdom’s test facilities would be publicly destroyed.

Compare that with Obama’s stance in negotiations with Iran, in which the former administration essentially entered the talks signaling it would grant major concessions before receiving any solid give-backs from Tehran. The result, the Joint Comprehensive Plan of Action (JCPOA), failed to provide any substantive benefit to the United States, except, at best, a delay in Iran’s developing nuclear weapons and some inconvenience caused by the necessity of hiding prior or ongoing research, a fact made startlingly clear by Israeli Prime Minister Benjamin Netanyahu’s recent revelations.

The flaws in the Iran deal are glaringly obvious. Even if the Mullahs faithfully complied to its provisions, they would still have the right to build atomic bombs within a decade. Additionally, JCPOA did nothing to inhibit Iran’s ICBM development program. In return, Iran received, upfront, vast sums of cash, and an end to sanctions.

Critics of JCPOA note that “JCPOA… merely ‘rents’ Iranian arms control for a limited and defined period, after which Iran will be permitted to have an industrial-scale nuclear program with no limitations on number and type of centrifuges, or on its stockpiles of fissile material, buttressed by the economic benefits obtained through sanctions easing.”

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The concept of American negotiators entering into talks with adversarial powers from a position of strength has, despite its apparent success with North Korea so far, received little support from those more used to Washington’s prior agreement-at-any-price nature. Martin B. Malin and Hui Zhang, wrote in The Bulletin of Atomic Scientists “It is not yet clear if the Trump administration has a strategy for negotiating with North Korea. Since the announcement of a possible meeting, much public commentary has focused on the improbability of North Korea ever giving up its nuclear weapons and on the apparent lack of preparedness inside the US administration. There are good reasons to be skeptical about a possible breakthrough. North Korea has spared no effort to develop its nuclear arsenal and missiles. Kim will not give up his arsenal before he is convinced his regime’s security is guaranteed. It is not clear he can be convinced… with few exceptions, there has been almost no US thinking about a negotiating strategy. Incoming national security advisor John Bolton has recently suggested bombing North Korea. Even the most thoughtful analysts have focused almost exclusively on maintaining coercive leverage in the course of negotiations… The United States must come to terms with the possibility that it may need to make peace with North Korea, and take significant steps toward full normalization before Kim Jong-un would ever implement a complete, verifiable, irreversible dismantlement of his nuclear arsenal.”

Malin and Zhang have been proven incorrect, as were the extensive number of critics that decried President Trump’s “fire and fury” comments.

Obama was personally invested in the Iran deal. In essence, he placed his legacy above the needs of the nation.  Trump, despite the political gains he could reap from a North Korea deal, has repeatedly stressed that he is willing to walk away if the talks don’t produce good results, placing him in a far better negotiating position than his predecessor.

Photo: Trump at decertification of JCPOA (White House photo)