Trump to determine JCPOA future this week

Trump1.jpgPresident Trump has until 13 January 2018 to decide whether to certify Iran’s compliance with the JCPOA (the Iran nuclear agreement) and whether to waive sanctions on Iran. The President must determine those issues every 90 and 120 days, respectively. The US Secretary of State, Rex Tillerson, stated last week that, in the event waivers are extended, more non-nuclear US sanctions would be coming; he cited the recent OFAC designations in respect of Iran’s ballistic missile programme as an example (see previous blog here). The UK government has re-indicated its support for the JCPOA.

On the previous JCPOA certification date (13 October 2017), President Trump refused to certify the accord on the basis that Iran had violated the “spirit” of the deal (see previous blog here). As a result, it fell to the US Congress to decide (within 60 days) whether it would pass new legislation to address the President’s concerns over the nuclear deal, or to reimpose sanctions against Iran. Congress did not take any action (see previous blog here). President Trump had previously certified the nuclear deal in April and July 2017, and continued to waiver sanctions on Iran in September 2017.

This entry was posted in Iran, USA by Michael O'Kane. Bookmark the permalink.

About Michael O'Kane

Michael O’Kane is a partner and Head of the Business Crime team at leading UK firm Peters & Peters. Described as ‘first-rate’ (Legal 500 2012), he “draws glowing praise from commentators” (Chambers 2013) for handling the international aspects of business crime, including sanctions, extradition and mutual legal assistance. Called to the Bar in 1992 and prior to joining Peters & Peters he was a senior specialist prosecutor at the Crown Prosecution Service Headquarters(CPS). At CPS HQ he was a key member of a small specialist unit responsible for the prosecution of serious and high profile fraud, terrorist and special interest criminal matters including the Stansted Airport Afghan hijacking and the prosecution of Paul Burrell (Princess Diana’s butler). Michael joined Peters & Peters in 2002. He became a partner in May 2004, and Head of the Business Crime team in May 2009. Since joining Peters & Peters, Michael has dealt with a wide range of business crime matters. He has particular expertise in international sanctions, criminal cartels, extradition, corruption, mutual legal assistance, and FSA investigations. Described as“ an influential practitioner in fraud and regulatory work, so much so that he is top of the referral lists of many City firms for independent advice for directors” (The Lawyer’s Hot 100 2009), he was recognised as one of the UK’s most innovative lawyers in the 2011 FT Innovative Lawyer Awards and included in the list of the UK's leading lawyers in 'The International Who's Who of Asset Recovery 2012. In 2012 he was the winner of the Global Competition Review Article of the Year. Michael regularly appears on television and radio to discuss his specialist areas and he is the author of the leading textbook on the UK Criminal Cartel Offence “The Law of Criminal Cartels-Practice and Procedure” (Oxford University Press 2009). Recent/Current Sanctions Work • Representing 109 individuals and 12 companies subject to designation by the European Council under targeted measures imposed against Zimbabwe. This is the largest and most complex collective challenge to a sanctions listing ever brought before the European Court. • Acting for a former Egyptian Minister and his UK resident wife, challenging their designation by the European Council of Ministers under targeted measures brought against former members of the Egyptian Government. • Advising a company accused in a UN investigation report to have breached UN sanctions imposed in relation to Somalia. • Advising a UK company in relation to ongoing commercial relationships with an Iranian company listed under both EU and UN sanctions. • Advising an individual in relation to a UK investigation for alleging breaching nuclear export controls.

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