Why the (toothless) Iran sanctions bill matters | היום

Why the (toothless) Iran sanctions bill matters

Nearly all the 54 Republican U.S. senators will vote in favor of the Kirk-Menendez bill requiring ‎sanctions on Iran if the P5+1 negotiations fail. U.S. President Barack Obama has promised to veto it. Now, ‎the Senate is gearing up for a high-drama vote. Will Democrats provide the 13 to 15 votes needed ‎for a veto-proof majority-‎

Lost in the shuffle is a little-noticed section of the bill that, if passed, guts it. The Draft of ‎Nuclear Weapon Free Iran Act of 2015, posted on the website of Sen. Mark Kirk (R-Ill.) contains a Waiver of Sanctions. Designed to win the support of skittish Democrats, ‎it also undermines the bill's goal of forcing Obama's hand in the negotiations. Section 208 bears ‎quoting in full:‎

"The president may waive the application of any sanction pursuant to a provision of or ‎amendment made by this title for a 30-day period, and may renew the waiver for additional 30-‎day periods, if the president, before the waiver or renewal, as the case may be --‎

"‎1) certifies to the appropriate congressional committees that: a) the waiver or renewal, as the ‎case may be, is in the national security interest of the United States; b) the waiver or renewal, as ‎the case may be, is necessary to and likely to result in achieving a long-term comprehensive ‎solution with Iran; and c) Iran is not making further progress on its nuclear weapons program ‎and is in compliance with all interim agreements with respect to that program; and

"‎2) submits to the appropriate congressional committees a comprehensive report on the status of ‎the negotiations toward a long-term comprehensive solution that includes an assessment of the ‎likelihood of reaching that solution and the time frame anticipated for achieving that solution.‎"

What's the point, one might ask, of the pro-sanctions side struggling so hard to attain a veto-‎proof majority when Obama can negate its provisions at will? Indeed, he has already made ‎statements along the very lines the bill requires, notably in his State of the Union address ‎in January, when he (falsely) claimed that "for the first time in a decade, we've halted the ‎progress of its nuclear program and reduced its stockpile of nuclear material." On the other side, ‎why does the White House expend so much political capital stopping this bill when it could let it ‎pass and then kill it by invoking the waiver-‎

Why the major combat over what amounts to a symbolic resolution-‎

In part, it increasingly embarrasses Obama by making him unceasingly justify the waiver every 30 ‎days. But also, as he glancingly explained in the State of the Union, he passionately wants Kirk-Menendez ‎defeated because "new sanctions passed by this Congress, at this moment in time, will all but ‎guarantee that diplomacy fails … [by] ensuring that Iran starts up its nuclear program again."‎

In other words, the Iranian pseudo-parliament (the Majlis) is warning that the bill's passage -- ‎even if its sanctions are subsequently waived -- in itself cancels the existing interim accord and ‎ends the negotiating process. Iran's foreign minister also declared that the Majlis would retaliate ‎against any new U.S. sanctions legislation by ramping up the nuclear program; and that new ‎sanctions would damage the West's favorite Iranian politician, President Hassan Rouhani.‎

With this clever tactic, the Iranians have provoked a grand test of wills in Washington, turning ‎Obama into their enforcer obliged to tame Congress; Majlis speaker Ali Larijani has warned that ‎‎"if Obama can't solve his problems [with Congress], he himself will be responsible for the ‎disruption of the negotiations." Rather than tell Tehran to take a hike, the administration (in ‎keeping with its larger strategy) fell for this ruse, resulting in a forthcoming Senate battle royal.‎

Of course, cajoling Tehran to the negotiating table ignores how the much Iranians benefited from ‎the last accord, signed in November 2013, and how they expect to do as well in the next one. It ‎also ignores that, to provide diplomatic cover as their approximately 10,000 centrifuges busily ‎whirl away, they seek ad nauseam negotiations.‎

Is this not reminiscent of the bazaar, where the wily merchant charmingly cheats the naive ‎tourist? The stake, however, is not the price of a Persian carpet but an apocalyptic rogue regime ‎acquiring and perhaps deploying nuclear weapons.‎

And so, the toothless Kirk-Menendez bill actually does have real importance. It needs those 67 ‎votes.

Daniel Pipes (DanielPipes.org) is president of the Middle East Forum.

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