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Wednesday, October 11, 2017
Congressional Research Service: Use of JCPOA Provisions to Cease Implementing the Iran Nuclear Agreement

Options to Cease Implementing the Iran Nuclear Agreement
Congressional Research Service
October 5, 2017
https://fas.org/sgp/crs/nuke/R44942.pdf

…Use of JCPOA Provisions

The Administration might seek to use the provisions of the JCPOA itself to
cease U.S. implementation of its commitments under the agreement. Paragraph
36 of the JCPOA outlines a complex “Dispute Resolution Mechanism” under
which any party to the agreement can assert that another party is violating
the accord and seek to resolve the issue. The Trump Administration could
conceivably use this mechanism to accuse Iran of violating the letter—or
spirit—of the JCPOA. The JCPOA mechanism outlines a process by which Iran
can resolve such a dispute but provides that, “if the complaining
participant deems the issue to constitute significant nonperformance, then
that participant could treat the unresolved issue as grounds to cease
performing its commitments under this JCPOA.... ”12 The dispute resolution
mechanism also provides for the United States to be able to “snap back” all
U.N. sanctions that were in place prior to Implementation Day of the JCPOA
(January 16, 2016).13 The United States is a veto-wielding permanent member
of the U.N. Security Council, and the dispute resolution mechanism enables
any veto-wielding member to block a U.N. Security Council resolution that
would continue the lifting of U.N. sanctions.

12 Paragraph 36 of the JCPOA.
13 Paragraph 37 of the JCPOA

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