Withdrawal from the Iran Nuclear Deal: Legal Authorities and Implications

This document from the Congressional Research Service (CRS) discusses the legal authorities and implications of the United States' withdrawal from the Joint Comprehensive Plan of Action (JCPOA), commonly known as the Iran nuclear deal. President Trump announced the withdrawal and directed federal agencies to re-impose sanctions that were lifted or waived under the JCPOA.

The document explores the domestic legal authority for withdrawal, noting that the JCPOA was treated as a nonbinding political commitment rather than a legally binding international agreement. It discusses the President's authority under domestic law to withdraw unilaterally from the pact and re-impose U.S. sanctions on Iran.

Regarding international legal authorities, the document explains that while political commitments are not legally binding between nations, the JCPOA was incorporated into U.N. Security Council Resolution 2231. Some argue that Resolution 2231 converted the voluntary commitments into binding obligations under the U.N. Charter. However, the interpretation of the resolution is complicated, and there is no clear answer as to whether it creates a binding obligation to comply with the JCPOA.

The document also discusses the legal implications of withdrawal, including the potential application of U.S. secondary sanctions to non-U.S. persons and companies. It mentions past disputes over extraterritorial application of U.S. secondary sanctions and the role of international negotiations in resolving such conflicts. It notes that Congress has broad power to enact legislation related to international sanctions and could play a role in defining the reach of U.S. sanctions and responding to foreign efforts to block U.S. secondary sanctions.

The document concludes by stating that the actions of U.S. officials and the response of the EU will determine whether disputes arise from the re-imposition of U.S. secondary sanctions, and Congress could be involved in shaping sanctions-related legislation.