Kirby: Congress's Resolution Does Not Limit US Ability to Fulfill JCPOA Commitments

The spokesperson for the US State Department reiterated the White House's position regarding the Secretary of State's authority to waive nuclear-related provisions of the Iran sanctions law, stating that in his view, the extension of this law would not limit the US's ability to fulfill its commitments under the JCPOA. John Kirby, on Friday, December 3, during his weekly press briefing with reporters, emphasized that from our perspective, the extension of this law was 'not necessary,' and 'we will continue to focus on the main goal of maintaining the implementation of the nuclear agreement.' Kirby stressed that this resolution would not affect the process of lifting sanctions that Iran has achieved under the nuclear agreement. The US Senate passed the extension of the Iran sanctions law for another 10 years on Thursday with 99 votes in favor. This resolution had previously been approved in the House of Representatives with only one dissenting vote, and according to the White House, it is expected that the US President will also approve this resolution. Iranian officials, led by Ayatollah Khamenei, have assessed the extension of the Iran sanctions law as a clear violation of the JCPOA, and in this regard, on Saturday, Foreign Minister Mohammad Javad Zarif stated that 'if the extension of sanctions is signed by the US President, despite having no executive effect, it shows the discrediting of the US government in the eyes of the international community.' He also stated that in his opinion, 'these sanctions will have no effect on third countries.' Meanwhile, a day earlier, Ali Akbar Salehi, head of the Atomic Energy Organization and a member of the Iranian team overseeing the JCPOA, stated that if this law is reactivated and enforced, it would be a 'clear violation of the JCPOA,' but Iran has made necessary predictions regarding this matter. However, the US State Department spokesperson clarified on Friday that the 'clear extension' of a law, as seen in this case, 'fully aligns with our commitments under the JCPOA.' He added that we expect the President to approve this law, but 'I must point out that Secretary Kerry will retain the 'waiver authority,' and at the same time, we will continue to fulfill our commitment to implement the JCPOA by lifting all sanctions related to the nuclear sector under this law.' Kirby reminded that this is a process that has been in place since the implementation of the JCPOA, and reiterated that the US will adhere to its commitments under the JCPOA. At the same time, according to this US State Department official, the use of sanctions aimed at limiting Iran's destabilizing actions, which are unrelated to nuclear activities and the JCPOA, will continue. Regarding the 'waiver authority' in the new cabinet, the US State Department spokesperson also stated that the Secretary of State's powers regarding the removal and waiver of sanctions related to the nuclear agreement are unlimited and are powers that the Secretary of State has previously held. However, in response to a question about the possibility of the future Secretary of State using these powers, he clarified that this is a decision that the new cabinet will make. Kirby specified that he is not an expert on this issue but, to his understanding, the new Secretary of State will decide on the use of these powers. He also added that we believe the Secretary of State will retain his powers in this area and will continue to use them. The White House and the US State Department's reactions to the extension of the Iran sanctions law in Congress come as the British newspaper Financial Times reported the day before, citing a member of Congress connected with Trump’s transition team, that 'they are considering options, and these options will include non-nuclear sanctions.' This report noted that potential sanctions could include actions related to Iran's missile program or concerning human rights records in the Islamic Republic. The Financial Times also stated that officials and experts connected with Trump's transition team are still in the preliminary stages of drafting future US policy regarding Iran.