Monday, July 15, 2019

Escaping Escalating Nuclear Risks



Europe has sent a message to the United States, loud and clear: By unilaterally withdrawing from the UN, six-party Iran nuclear containment accord (the Joint Comprehensive Plan of Action), you have undone the protections we negotiated with Iran, provoked them, and they are resuming building their nuclear weapons capabilities. The Iran accord had seriously effective inspection requirements. Even your own military said the accord was working.

You have swatted the wasps’ nest of Tehran’s hatred of all things American, sent your ships of war into threatening waters, launched drones, imposed additional killer economic sanctions and moved to the brink of out-and-out war. They have responded with mines and unsubtle assaults on passing tankers. You have easy oil; we do not. Iran is in our backyard, not yours. Europe thus has to live with the egotistical consequences of your autocratic “America First” president, which is oceans and continents away. Europe suffers from your inept folly. There are no benefits. Iran has doubled down. And Europe simply will not take it anymore.

Remember, the leaked email from UK’s Ambassador to the US, Kim Darrosh? Well he wrote some other stuff that is a hot topic in both Europe and Washington: “In one 2018 cable published by the Mail on Sunday [7/14/19], U.K. ambassador Kim Darroch says President Donald Trump pulled out of an international nuclear deal with Iran as an act of ‘diplomatic vandalism’ to spite his predecessor, Barack Obama…The memo was written after then-Foreign Secretary Boris Johnson visited Washington in a failed attempt to persuade the U.S. not to abandon the Iran nuclear agreement.” Associated Press, July 14th. Even Trump’s favorite Brexit dude, Boris?

Donald Trump is wildly unpopular in most of Western Europe, our supposed allies. They disagree with most of his foreign policy forays. They seem him as a bumbling, egotistical incompetent, catering to a base of billionaires and unsophisticated constituents who do not understand how much the world has changed from what they have assumed it to be. If Trump wants to take America back into the 1950s, Europe doesn’t care as long as this does not impact them. But it does.

Europeans are so furious at Trump’s rejection of the treaty to contain Iran’s nuclear weapons program, instead escalating sanctions that ultimately punish Europe as well, that they are actively finding a way to redesign global financial structures to circumvent American dominance and control. And if the structures work, you can bet that much of what they are doing will become permanent, reducing America’s global power and influence accordingly. This a is a work-around to circumvent American control of international banking. Clearly, Iran’s reaction to Trump has been to do precisely what Donald Trump said he will never permit them to do. They see America’s withdrawal plus new sanctions as relieving them from further compliance.

Here is analysis of that European work-around plan from Nabih Bulos, writing for the July 13th Los Angeles Times: “As Iran presses on with its gradual dismantling of terms set by the 2015 nuclear deal, and while tensions with the U.S. increase ever higher, European signatories say a new financial mechanism can salvage the accord.

“That mechanism, INSTEX, aims to provide Iran with an incentive to stay in the Joint Comprehensive Plan of Action (JCPOA), as the nuclear agreement is formally known, despite the U.S. withdrawal last year… In May, on the anniversary of that withdrawal, Iran began a careful but escalating campaign of enriching and stockpiling uranium beyond the deal’s limits.

“If INSTEX doesn’t compensate Iran for staying in the deal even as the U.S. levies additional sanctions, among other measures, Tehran has threatened to walk away from the accord altogether… At its heart, INSTEX — the Instrument in Support of Trade Exchanges — is a clearinghouse for trade deals between Iran and Europe that allows companies to avoid payment across borders.

“Established in January by Britain, France and Germany, it’s headquartered in Paris and became operational last month. The mechanism avoids use of U.S. dollars… Iran established a mirror entity in April called the Special Trade and Finance Institute…

“Say you have a European company sending machinery to an Iranian importer, and an Iranian company sending pistachios to Europe. Normally, the Iranian importer in the first deal would have to send money to Europe and the European importer would send money to Iran. Instead, INSTEX would match those two transactions: The European importer pays for the pistachios by giving money to the European exporter. The two Iranian companies pay each other in rials.

“This way there is no direct financial flow between Iran and Europe, but commodities can still travel to and from Iran… In two words, ‘secondary sanctions.’… The U.S. has long used primary sanctions, such as asset freezes or trade embargoes that prevent U.S. companies from doing business in Iran.

“Secondary sanctions target non-U.S. entities for engaging in commercial activities or providing material support to Iran… Punishments can include denial of visas and import/export certificates, denying these foreign entities the use of American dollars or even cutting them out of the U.S. financial system and forbidding any U.S. party from doing business with them… Banks, especially, have been skittish.

“Because a number of the large international banks have been hit substantially by sanctions over the years, they’re reluctant to engage in any business that could jeopardize their access to U.S. markets, said Doug Davison, a sanctions expert at the London-based law firm Linklaters and former SEC official. ‘They [the banks] have in effect become the best enforcers.’

“Even though the Office of Foreign Assets Control, the U.S. governmental agency enforcing the sanctions, is small, the sanctions are open to interpretation in a way that gives it an outsize chilling effect, Davison said… ‘We’ve had clients who had transactions that weren’t problematic,’ he said. ‘But once the transactions are flagged as potentially problematic, the banks are very reluctant to process them, even if there is a good explanation, given the substantial risk in making the wrong call.’

“And the complex legal demands, which require the attention of an army of compliance officers, along with the comparatively minor reward for doing business with Iran, mean that a deal is usually not worth the effort… At this point, banks are so intimidated they’ll refuse dealing with a company with any exposure to Iran, even if the business it brings is completely unrelated.

“So INSTEX helps Iran circumvent sanctions?... No. INSTEX, at least to start, deals with humanitarian aid, which in theory is still allowed… ‘It’s designed to process transactions that are permissible under U.S. sanctions but aren’t happening because of over-compliance on the part of non-U.S. banks.,’ said Jarrett Blanc, the State Department’s coordinator for Iran nuclear implementation under President Obama.” Wink wink. It really is a European attempt to erode the impact of U.S. sanctions on Iran and get Iran back to its targeted nuclear containment pledge.

Simply, Iran asked Europe for a way to relieve the impact of these new US sanctions if they are expected Iran to comply with the JCPOA in any way. Europe found a way, perhaps to Make Europe Great Again.

            I’m Peter Dekom, and I wonder when Trump supporters will wake up to our President’s proclivity to create problems that he says only he can solve (insert photo op)… and then not only make things vastly worse… but be completely unable to implement a solution.

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