NIAC wrote to the Bureau of Consular Affairs and U.S. Citizenship and Immigration Services in regard to reports of long administrative processing times for Iranian students, including visa renewals for those who have already began studying in the U.S, requesting to meet with the offices. Please find the letter in its entirety below.
.برای خواندن این متن به فارسی اینجا کلیک کنید
A nonprofit online education platform, edX, cited a delay in obtaining a U.S. government license as the basis for a recent suspension of services that inadvertently affected Iranian Americans. After sending an open letter to the company, the National Iranian American Council (NIAC) has been working with edX to resolve complications arising from the suspension.
According to a response from edX, its specific license from the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) for Iran expired prior to being granted a renewal. U.S. sanctions targeting Iran prohibit U.S. companies, such as edX, from exporting services to Iran, including educational services to Iranian nationals located in Iran, which impacted the availability of some edX courses. In order to comply with U.S. sanctions absent a specific license for work involving Iran, across a learner base of over 17 million users, edX identified individuals who could be resident in Iran based on self-identified country residence and IP address and barred them from coursework.
This appears to have included at least some individuals who are not currently resident in Iran (but whose last activity on edX indicated an Iran IP address), including at least one U.S. citizen based outside Iran. However, NIAC has found no evidence of discriminatory intent by edX, and NIAC staff has been assured by edX that it is willing to work to resolve any remaining complications for individuals who should be legally permitted to access edX’s online coursework. If you or a friend believe that they have been erroneously barred from edX coursework, please do not hesitate to contact either NIAC staff (email@example.com) or edX Support (firstname.lastname@example.org).
NIAC notes that the availability of coursework to Iranian nationals, regardless of their country of residence, ultimately serves U.S. interests by building bridges to and empowering the Iranian people. Unfortunately, by failing to issue broad enough general licenses to permit edX and similar educational platforms to make its coursework available to Iranians, OFAC has once again ensured that sanctions harm the Iranian people but not the regime. We encourage OFAC to issue necessary licenses for platforms like edX and to carve out broad exemptions to enable Iranian nationals the ability to access educational and communications tools.
Hoda Katebi will be a featured keynote at NIAC’s D.C. Action Summit, taking place September 29th and 30th. For us, Hoda represents what Building a Movement is all about. We will not let our community be silenced or marginalized as second class citizens, which is why this two-day event is a crucial opportunity to build power, defend our rights, spread our message. Join us at the Summit to be part of this movement.
NIAC mourns the passing of Professor Ehsan Yarshater, one of the most eminent scholars of Iranian history, language, and culture of our era. Professor Yarshater devoted his life to the study of Iran and his immense contributions belong not only to the Iranian community, but to the world. While his legacy will live on at Columbia University’s Ehsan Yarshater Center for Iranian Studies, the gap he leaves in Iranian studies can never be filled.
An academic in the truest sense of the word, Professor Yarshater was unwavering in his dedication to impartiality and objectivity. Among his lasting works will be the Encyclopædia Iranica, an authoritative study of Iranian civilization that relies on the expertise of leading scholars and accurate documentation. It represents a monumental academic feat to which generations of students will remain in Professor Yarshater’s debt.
NIAC will also remember Professor Yashater for his generous spirit as a longtime member and supporter. Those of us who knew him cherish our luck to have been in his presence. We offer our deepest condolences to his friends and loved ones.
Today, the National Iranian American Council (NIAC) issued an open letter directed at corporations that have lobbied on behalf of H.R. 392, including Microsoft, Amazon, Texas Instruments, IBM, and Hewlett Packard Enterprise. H.R. 392, also known as the “Fairness for High-Skilled Immigrants Act of 2017, would remove a fundamental pillar of our immigration system and risk creating a monopoly over the green card process for nationals from one or two large countries. However unintentionally, support for H.R. 392 would also exacerbate the impact of the Muslim Ban for Iranians who can neither leave the country nor receive visits from family, and thereby help advance Donald Trump’s stated goal of a “shutdown” for Muslims entering the United States.
NIAC received concerns from many of our members following the bill’s inclusion in the House Homeland Security appropriation bill. However, it remains unclear whether the provision will ultimately pass into law.
NIAC’s letter below urges these corporations to reconsider their support for legislation that would, if passed, hurt many of their own employees already targeted by unfair immigration policies:
WASHINGTON, D.C. — Late last month, Rep. Kevin Yoder (R-KA) convinced the House Appropriations Committee to include his legislation, the Fairness for High-Skilled Immigrants Act (H.R. 392), into the 2018 Department of Homeland Security funding bill.
According to the National Iranian American Council, the amendment would eliminate per-country limits for employment-based permanent residency and produce serious strains for individuals from smaller countries, especially Iranians and other nationals already subject to the Muslim travel ban. This means that certain nationals, including Iranians, will face dramatic increases in wait times to adjust their status, as larger countries would flood the system with additional applicants. Previously, the US State Department described country caps as ‘a barrier against monopolization.’
In reaction to the inclusion of the amendment in the Homeland Security Funding Bill, Jamal Abdi, President of NIAC Action, the political arm of the National Iranian American Council, issued the following statement:
“The pathway to citizenship must remain an opportunity that is shared equally by individuals of all nations – this is a fundamental pillar of our immigration system. However, this amendment, under the guise of fairness, could result in Iranian immigrants, and other foreign nationals from smaller countries, to be forced to wait years to see immediate family members or begin the process of earning US citizenship.
“The path to permanent residency and citizenship for talented men and women from underrepresented countries, especially smaller nations in the developing world, is fraught with difficulties. The per-country limits ensure that the aspirations of these individuals are not obscured and our naturalization pool remains diverse. Even a cursory examination of the State Department’s immigrant visa statistics reveals that without these limits, nationals from a handful of high-population countries will account for the vast majority of green cards.
“Congress should not rush through any legislation that significantly reduces or eliminates per-country limits for permanent residency without undertaking basic steps to ensure that Iranians and other nationals that have nearly been locked out of the visa system entirely by the Trump administration are not further disadvantaged by changes ostensibly designed to level the playing field
“Our elected lawmakers should seriously consider all ramifications of this legislation before labeling this an easy fix to a complex problem.”
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WASHINGTON, D.C. — Tonight, sanctions that were lifted under the Iran nuclear deal will begin to go into effect. This includes extraterritorial sanctions on the purchase of U.S. dollar banknotes by Iran; Iran’s trade in gold or precious metals; Significant transactions in the Iranian rial; Iran’s civil aviation sector; and Iran’s automotive sector. The decision to violate the Iran nuclear deal and reinstate sanctions has already had a big impact as major European companies that entered the Iranian market – like Peugeot and Total – have already begun pulling out in anticipation of the “snapback.”
Jamal Abdi, President of the National Iranian American Council, issued the following statement on the reimposition of Iran sanctions:
“Today, the United States again violated a successful nuclear nonproliferation agreement endorsed by the UN Security Council that it helped negotiate, doing grievous harm to American leadership abroad and our ability to resolve challenges diplomatically rather than militarily. This weakens the Transatlantic alliance and pushes Iran further into the hands of Russia and China, undermining the security of the United States and its allies.
“These sanctions will threaten Iran’s compliance with the nuclear accord, while also undercutting hopes for Iranian moderation, harming the Iranian middle class and empowering Iranian hardliners and extremists. This is not an erratic tweet, but a collective punishment of 80 million people who are being plunged into economic misery and denied basic necessities such as life-saving medicine and safe civilian aircraft.
“Making matters worse, the Trump administration does not have a viable diplomatic plan to secure additional concessions from Iran. Instead, the administration appears to be joining with Israeli Prime Minister Benjamin Netanyahu and Saudi Crown Prince Mohammad bin-Salman in pushing to destabilize Iran and create another failed state in the region.
“Make no mistake, with Trump listening to warmongers like John Bolton and Mike Pompeo, this puts the United States on the path to yet another costly and dangerous Middle East conflict.”
On November 4, the remaining sanctions that were lifted under the accord will be reinstated into full effect, including those targeting Iran’s energy sector; Purchases of petroleum and related products; Transactions by foreign financial institutions with the Central Bank of Iran and designated Iranian financial institutions; and Persons removed from the Specially Designated Nationals (SDN) list, including most Iranian financial institutions.
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Not satisfied with withdrawing from the Iran nuclear accord, or Joint Comprehensive Plan of Action (“JCPOA”), the Trump administration intends to start sanctioning foreign parties that seek to comply with the terms of the international agreement. As outlined by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the Trump administration will begin re-imposing those sanctions lifted pursuant to the JCPOA on August 7, 2018 and continuing up until November 4, 2018, at which time all formerly lifted sanctions will be re-imposed on Iran.
Because such U.S. sanctions primarily target foreign parties transacting or otherwise dealing with Iran, the Trump administration will be actively undermining efforts by the international community to act consistent with the JCPOA and ensure its survivability. This includes, most dramatically, undermining efforts by foreign countries and entities to take those measures identified in the JCPOA to reduce or eliminate the risk of nuclear proliferation in Iran. This move is a dangerous gambit that pits the U.S. in opposition to the rest of the world—including the U.S.’s closest partners and allies—and risks re-invigorating nuclear proliferation efforts in Iran.
Considering the dramatic consequences for U.S. national security and foreign policy interests, the Trump administration should not be given free reign to plunge the United States into a confrontation with its closest allies and partners — such as those in Europe — and risk a new war in the Middle East. Congress should assert its own constitutional prerogatives and ensure that the Trump administration acts consistent with long-standing U.S. policy objectives, including those related to nuclear non-proliferation. This could include, for instance, legislative measures to restrain the Trump administration from abrogating the JCPOA or sanctioning foreign parties seeking to comply with the terms of the nuclear accord. At the very least, Congress should hold hearings to adjudicate the potential negative consequences of the Trump administration’s decision to withdraw from the JCPOA and undo the global consensus in favor of the diplomatic agreement aimed at restraining Iran’s nuclear program.
Re-Imposition of U.S. Sanctions Lifted Under the JCPOA
Beginning August 7, 2018, the Trump administration will take steps to re-impose those U.S. sanctions lifted pursuant to the JCPOA. In its initial phase, this will include the immediate re-imposition of sanctions on:
- The purchase or acquisition of U.S. dollar banknotes by the Government of Iran;
- Iran’s trade in gold or precious metals;
- The direct or indirect sale, supply, or transfer to or from Iran of graphite, raw, or semi-finished metals such as aluminum and steel, coal, and software for integrating industrial processes;
- Significant transactions related to the purchase or sale of Iranian rials or the maintenance of significant funds or accounts outside the territory of Iran denominated in the rial;
- The purchase, subscription to, or facilitation of the issuance of Iranian sovereign debt; and
- Iran’s automotive sector.
By November 4, 2018, the United States will re-impose all remaining sanctions targeting Iran that had been lifted pursuant to U.S. commitments under the JCPOA. This will include the re-imposition of sanctions on:
- Iran’s port operators and shipping and shipbuilding sectors;
- Petroleum-related transactions with the National Iranian Oil Company, Naftiran Intertrade Company, and the National Iranian Tanker Company, including the purchase of petroleum, petroleum products, and petrochemical products from Iran;
- Transactions by foreign financial institutions with the Central Bank of Iran and designated Iranian financial institutions;
- The provision of specialized financial messaging services to the Central Bank of Iran and certain Iranian financial institutions;
- The provision of underwriting services, insurance, or reinsurance; and
- Iran’s energy sector.
In addition, the Trump administration intends to re-impose those sanctions that applied to persons removed from OFAC’s List of Specially Designated Nationals and Blocked Persons (“SDN List”) and other U.S. sanctions lists pursuant to U.S. commitments under the JCPOA. This includes, for instance, the re-imposition of sanctions on most of Iran’s financial institutions, including the Central Bank of Iran.
Undermining International Compliance with a Successful Nonproliferation Agreement
The re-imposition of U.S. sanctions will pose immense difficulties for other major world powers’ compliance with the terms of the JCPOA. Failure by the remaining JCPOA participants to fulfill the terms of the nuclear accord will prompt Iran to abandon some or all of the JCPOA’s limitations on its nuclear program, thus risking renewed proliferation efforts in Iran and threatening a new war in the Middle East.
Pursuant to the JCPOA, major world powers — including Europe, Russia, and China — agreed to take steps to ensure effectiveness relating to the lifting of national and international sanctions. These commitments were geared towards ensuring that Iran received practical economic benefit from its agreement to maintain long-term restrictions on its own nuclear program. The JCPOA obligated all parties to take adequate measures “to ensure . . . effectiveness with respect to the lifting of sanctions under th[e] JCPOA” and committed JCPOA participants to “agree on steps to ensure Iran’s access in areas of trade, technology, finance, and energy.” The JCPOA was envisioned as an effective quid pro quo, whereby Iran agreed to long-term limitations on its nuclear program in return for practical economic benefits — including the lifting of nuclear-related sanctions — from major world powers.
The re-imposition of U.S. sanctions, however, will risk the compliance of remaining JCPOA participants, as Europe and other JCPOA parties will have grave difficulties ensuring “effectiveness” with respect to the lifting of sanctions under the JCPOA. For instance, while the European Union and its respective states intend to continue the lifting of national and Union-wide sanctions targeting Iran–consistent with the JCPOA–European companies and persons will nonetheless remain subject to U.S. secondary sanctions targeting their own transactions or dealings with Iran.
The most notable consequences in this respect will be oil and banking transactions. To the extent that Iran is unable to export its oil and repatriate its oil revenues, the JCPOA will become a moot agreement, as Iran is highly unlikely to continue its adherence to limitations on its nuclear program while deriving no practical economic benefit from the nuclear accord. Re-imposed U.S. sanctions expressly target foreign banks — including foreign central banks — and foreign parties engaged in transactions related to the import of Iranian-origin oil. The Trump administration has sent conflicting signals as to whether it will grant exemptions to foreign countries importing Iranian-origin oil — including China, Europe, India, Japan, and South Korea. Similarly, to the extent that Iran’s financial institutions are isolated from the global financial system and unable to reconnect to foreign banks to process trade-related and other transactions, the Iran nuclear deal will not survive. Re-imposed U.S. sanctions will re-designate most Iranian financial institutions for sanctions and render foreign bank dealings with such Iranian financial institutions as sanctionable, thus expressly targeting foreign countries’ compliance with the nuclear accord.
Sanctioning Beneficial Work at Arak and Fordow
Pursuant to the JCPOA, Iran agreed to convert its enrichment facility at Fordow into a research center absent of proliferation risk. To do so, however, Iran required international collaboration, including in the form of scientific joint partnerships in agreed areas of research. In addition, the JCPOA required Iran — as part of an international partnership — to redesign and rebuild a modernized heavy-water reactor in Arak that would drastically reduce its potential output of plutonium.
However, these measures aimed at reducing the risk of nuclear proliferation in Iran are under serious threat, as re-imposed U.S. sanctions render sanctionable conduct by foreign parties with respect to Iran’s nuclear program. For instance, the Trump administration has stated that it will re-impose those sanctions that applied to persons removed from OFAC’s SDN List pursuant to the JCPOA. This appears to include the re-designation of the Atomic Energy Organization of Iran (“AEOI”) — the body responsible for Iran’s nuclear program — pursuant to Executive Order 13382. By designating the AEOI pursuant to E.O. 13382, entities that provide or attempt to provide financial, material, technological, or other support for, or goods or services in support of, the AEOI would be exposed to U.S. sanctions and risk designation under E.O. 13382 themselves. Foreign parties participating in an international partnership with the AEOI — consistent with the JCPOA — to convert the Arak nuclear reactor into a reactor absent of proliferation risk would thus be engaged in sanctionable conduct, as such parties would be prima facie engaged in the provision of material support to the AEOI — thus meeting the criteria for designation under E.O. 13382.
In addition, the U.S.’s re-designation of the AEOI pursuant to E.O. 13382 will render foreign financial institutions that facilitate significant transactions for or on behalf of the AEOI — including transactions consistent with the terms of the JCPOA — exposed to U.S. sanctions under § 104(c)(2)(E) of the Comprehensive Iran Sanctions Accountability and Divestment Act (“CISADA”) and § 1247 of the Iran Freedom and Counter-proliferation Act (“IFCA”). Such financial institutions would risk being cut off from the U.S. financial system and would thus be unlikely to facilitate transactions involving the AEOI, even if such transactions are consistent with the JCPOA and reduce the risk of proliferation in Iran.
In the Trump administration’s zeal to kill the Iran nuclear deal, the administration will perhaps fatally undermine efforts to ensure the conversion of Iran’s nuclear facilities into facilities absent of proliferation risk, thus gravely undermining U.S. and regional security.
The Need for Congressional Intervention
The Trump administration’s withdrawal from the JCPOA and its re-imposition of U.S. sanctions targeting Iran risks splitting the United States irrevocably from its historical allies and partners, including those in Europe; threatens to undermine the future use of economic sanctions to secure national security and foreign policy objectives; and encourages the reinvigoration of nuclear proliferation risks in Iran. Such consequences implicate critical U.S. national security and foreign policy interests and warrant increased oversight over the administration’s actions.
Congress should be involved in any decision implicating U.S. national security and foreign policy interests. In this case, Congress should assert its own prerogatives in the realm of foreign policy and resume U.S. compliance with the JCPOA, including, but not limited to, the continued lifting of U.S. sanctions as obligated under the nuclear accord. Absent such a dramatic measure, however, Congress should seek to restrain the President from re-imposing those U.S. sanctions lifted under the JCPOA and should at least limit the damage re-imposed U.S. sanctions could cause to the transatlantic alliance between the United States and Europe. If the U.S.’s historical allies and partners in Europe believe that their own national security interests demand their continued compliance with the JCPOA, then the Trump administration should be restricted from imposing sanctions on European companies engaged in commercial trade with Iran that is permissible under European law.
Shockingly, Congress — which held numerous hearings on the U.S.’s assent to the JCPOA — has proven unwilling to conduct significant oversight regarding the potential consequences inherent in the Trump administration’s withdrawal from the JCPOA and its re-imposition of U.S. sanctions targeting Iran. In failing to assess the risks and dangers associated with the Trump administration’s actions, Congress has rendered itself incapacitated on an issue of critical import to U.S. national security. Following midterm elections, Congress should reassert its prerogatives in the field of national security and ensure that the Trump administration is not able to undermine long-standing U.S. foreign policy objectives — including the objective of nuclear non-proliferation — through its rash decision to withdraw from the Iran nuclear accord and re-impose those U.S. sanctions lifted under the JCPOA.
¹ Other U.S. sanctions may be applicable to transactions involving the AEOI and incident to the fulfillment of the terms of the JCPOA, including, for instance, menu-based sanctions on foreign parties that sell, supply, or transfer to Iran graphite, raw, or semi-finished metals such as aluminum and steel, coal, and software for integrating industrial processes, if the material is sold, supplied, or transferred for use in connection with Iran’s nuclear program. Section 1245(a)(1)(C) of IFCA does not distinguish between those transactions aimed at converting Iran’s nuclear facilities into facilities absent of nuclear proliferation risk and is thus likely to counteract international efforts to reduce the risk of nuclear proliferation in Iran.
Congress will send its annual defense policy bill to the President this week with a caveat that it does not authorize war with Iran and they “are not aware of any information that would justify the use of military force against Iran under any other statutory authority.”
The statement comes after President Trump issued a late-night, all-caps tweet threatening Iran with consequences like no nation has ever seen before in response to a perceived threat from his Iranian counterpart.
While the language is welcome, Congress had the opportunity to go much farther in reining in Trump’s ability to start an Iran war. In May, shortly after the President walked away from the Iran nuclear deal, the House of Representatives passed an amendment from Reps. Keith Ellison (D-MN) and Walter Jones (R-NC) stating that the President does not have the authorization to use military force against Iran. Senate Republicans involved in the final drafting – including uber-hawks like Sens. Tom Cotton (R-AK) and Lindsey Graham (R-SC) – declined to include the amendment in the final version of the bill, instead agreeing to the compromise clarification language.
The statement from the legislators indicating that they are “not aware” of any legislative authorization for Trump to use force against Iran is helpful. As Trump ratchets up tension and openly threatens war with Iran, his Secretary of State Mike Pompeo has sought to tie Iran to al-Qaeda and has taken an extremely broad view of Executive war powers under the Constitution. Such moves have raised concerns that President Trump could order strikes on Iran without seeking Congressional approval, a key step that could halt an irrational march to war. The language from the NDAA conferees makes it less likely that Trump would point to existing legislation to justify a future Iran war.
Unfortunately, Congressional Republicans have either cheered on or ignored the President’s moves on Iran across the board, and they had the numbers to water down the Ellison-Jones amendment from the final bill. There does not appear to be any Republican lawmaker on record pushing back on the President’s tweet threatening to bomb Iran.
There are certainly many Democratic lawmakers concerned about the direction of Iran policy. Sen. Tim Kaine described Trump’s tweet as “another warning sign that Trump is blundering toward war with Iran.” Likewise, Sen. Ed Markey highlighted the tweet while warning that Trump could launch a nuclear first-strike without approval “for no reason at all.” However, those legislators are not in the majority and thus cannot pass legislation reining in Trump’s war powers without support from their Republican colleagues. That could change if Democrats retake control of one or both houses in the midterm elections this November.
FOR IMMEDIATE RELEASE
Contact: Jamal Abdi
Washington, D.C. – Jamal Abdi, Vice President of Policy with the National Iranian American Council, issued the following statement after Trump’s Sunday night tweet threatening war with Iran:
“Trump’s crazed, all-caps tweet threatening Iran with war last night underscores the danger of supporting the Trump agenda. Minutes after Secretary Pompeo called on the Iranian-American community to support the administration’s pressure campaign on Iran, Donald Trump proved what escalation with an unhinged President at the helm can lead to: a disastrous war.
“The Iranian-American community was deeply disturbed by Trump’s warmongering last night. When Donald Trump threatens that Iran will suffer the consequences that few in history have ever suffered before, Iranian Americans fear that this unhinged President will follow through on his threats to bomb our friends and family.
“It is past time for our elected officials to step up and ensure that Trump cannot launch a disastrous war of choice based on his deranged tweets and foolish advice of officials who have been pushing to bomb Iran for decades. The Iranian-American community will not sign up for Trump’s war push, and will push back more than ever to restrain this President.”
FOR IMMEDIATE RELEASE
Contact: Jamal Abdi
Washington, D.C. – Jamal Abdi, Vice President for Policy of the National Iranian American Council, issued the following statement in advance of Sec. Mike Pompeo’s address on Iran in California this evening. The National Iranian American Council organized a letter from prominent Iranian Americans objecting to the Trump administration’s efforts to destabilize Iran, which was featured in a full-page ad in the Los Angeles Times today:
“The Trump administration can’t support the Iranian people’s aspirations for freedom and prosperity by impoverishing them with sanctions and fomenting unrest, and can’t show solidarity when it bars the Iranian people from securing visas to pursue their dreams. The Trump administration is not a friend of the Iranian people or the Iranian-American community, and no single speech will change that fact.
“Today, Secretary Pompeo will seek to co-opt the grievances of the Iranian-American community to sell policies that will ensure the Iranian people are squeezed by both harsh sanctions and ascendant Iranian hardliners. That is why concerned Iranian Americans from across the country have signed an open letter to Secretary Pompeo, which ran as a a full-page ad in the Los Angeles Times this morning, warning that efforts to collapse the Iranian economy or pursue Iraq-style regime change will sabotage the Iranian people’s hopes for change.
“The letter lays out concrete asks for Secretary Pompeo to reverse the administration’s disastrous approach, which would relieve the pressure on the Iranian people and support their push for change. It reads, ‘If you truly wish to help the people of Iran, lift the Travel ban, adhere to the Iran nuclear deal—the JCPOA—and provide the people of Iran the economic relief they were promised and have eagerly awaited for three years, as every independent media has reported.’ We don’t believe any of these proposals will be considered, and we fear that few if any serious questions about the administration’s approach will be addressed at the event Sunday night.
“In the lead-up to the war in Iraq, the Bush administration worked closely with a handful of Iraqi exiles who championed war. Clearly, Sec. Pompeo is hoping to elevate voices who would set the U.S. and Iran on a collision course to conflict over the majority in the Iranian-American community who have been shocked and dismayed by this administration’s disastrous approach. The Iranian-American community will not be silent and will continue to push back on Sec. Pompeo and any other officials undermining the Iranian people and our community.”
Find the full letter here.