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United StatesPolitics3 days ago

"The President is Legally Barred from Waiving Iranian Sanctions as Pledged in the Iran [Memorandum of Understanding]"

An article discusses whether the U.S. president has the legal authority to waive Iranian sanctions as pledged in the Iran Memorandum of Understanding (MOU). It references Professor Jack Goldsmith of Harvard, who argues that the president is legally barred from issuing such waivers under the Iran Nuclear Agreement Review Act (INARA) of 2015. The article notes that while the executive branch may have counterarguments, compliance with INARA is uncertain.

So argues Prof. Jack Goldsmith (Harvard) in his Executive Functions post. An excerpt:

The United States in the MOU pledges "immediately" to "issue  waivers  for export of Iranian crude oil, petroleum products and derivatives, and all associated services, including banking transactions, insurances, transportation, etc." (Emphasis added here and throughout.) These waivers presumably include waivers of U.S. statutory sanctions against Iran.

I don't think the president has the authority under domestic law to issue these waivers. The  Iran Nuclear Agreement Review Act (INARA) of 2015 applies here and temporarily bars a president from waiving sanctions against Iran. The executive branch has counterarguments, to be sure. And it's doubtful that any institution will make the president comply with INARA in any event….

Read the post for much more.

Read the full article at Reason →
Source document: Iran Nuclear Agreement Review Act (INARA) of 2015

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ReasonIndependentCenter3 days ago
"The President is Legally Barred from Waiving Iranian Sanctions as Pledged in the Iran [Memorandum of Understanding]"

An article discusses whether the U.S. president has the legal authority to waive Iranian sanctions as pledged in the Iran Memorandum of Understanding (MOU). It references Professor Jack Goldsmith of Harvard, who argues that the president is legally barred from issuing such waivers under the Iran Nuclear Agreement Review Act (INARA) of 2015. The article notes that while the executive branch may have counterarguments, compliance with INARA is uncertain.

Bias read (Center): The article presents an academic argument without overtly favoring either side. It cites a professor’s legal interpretation and acknowledges potential counterarguments from the executive branch, maintaining a balanced tone.

Official sources cited

  • statement Iran Nuclear Agreement Review Act (INARA) of 2015
  • statement Professor Jack Goldsmith's analysis on 'Executive Functions'

Go to the primary sources (2)

The official sources this coverage is built on. Read them directly to bypass framing.

  • statementIran Nuclear Agreement Review Act (INARA) of 2015
  • statementProfessor Jack Goldsmith's analysis on 'Executive Functions'