November 15, 2019 Comments are off Jamal Abdi
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Iranian Americans Increasingly at the Center of Systematic Discrimination Across the U.S.

Today we learned that the federal officers who inexplicably gunned down a young Iranian-American man at point blank range will not be held accountable. Bijan Ghaisar’s parents and family have sought answers for over two years and have been stonewalled by their own government. Bijan’s murder is just one part of a larger trend of state-sanctioned violence being carried out by American police forces against primarily black but increasingly also against brown men. For Iranian Americans who looked on as other men of color—including Trayvon Martin, Eric Garner, and Tamir Rice—were killed by police officers and thought it would never happen to us, Bijan’s death is a wakeup call.

Iranian Americans are caught in the crosshairs of some of the most urgent national political and social challenges America faces today.  From police violence to family separation owed to draconian immigration policies at home to brutal imperialism abroad, our community has a duty—and a unique opportunity—to fight back and protect the values we believe in for ourselves and our fellow Americans.

Today’s despairing announcement came on the heels of another official release concerning a civil servant, Sahar Nowruzzadeh, who was targeted by her bosses at the State Department and ultimately demoted because of her Iranian heritage. This is the same state department that illegally funded IranDisinfo—a group that attacked Iranian American journalists, organizations, and human rights activists with taxpayer dollars.

The department’s inspector general released its findings from an investigation into the matter and found conclusively that Brian Hook—the lead official charged with formulating Iran policy under Trump and Pompeo— discriminated against Sahar because he believed she was born in Iran. Will there be any accountability for Hook’s actions? Or will he too be let off the hook and become just one more perpetrator not held accountable for his offenses against Iranian Americans? 

As Americans, we entrust authorities with powers on the promise that they will not be abused— and if they are, we the people hold the ultimate authority to take that power back. In looking at just the above two examples, Iranian Americans can connect the dots as to a whole host of trends underscoring how the authorities who we have elected into office and paid for with our tax dollars are abusing those powers. State sanctioned violence at home is matched by the eagerness to use state sanctioned violence against powerless populations abroad. 

The targeting of a civil servant based on her perceived national origin is a symptom of the same sickness that has produced a Muslim Ban against all Iranian nationals abroad. The securitization of how police treat black and brown men is part of the same phenomenon that has led us to separate children from their mothers and fathers at the border in the name of national security.

We have a responsibility to grapple with these challenges beyond wringing our hands or lamenting how this impacts our community. We must do something about it in coalition with and support of all communities. Building political power for Iranian Americans should top our community’s list of priorities, particularly for those who see the trends and believe enough is enough. 

Iranian Americans are being targeted, but we also are a community of immense privilege and we owe it not just to ourselves, but also to our compatriots facing similar challenges, to put that privilege to use in service of justice. If we organize—pull together our political giving, organize our communities locally and nationally to communicate with our elected officials and hold them accountable, and educate ourselves and the broader public about political engagement—Iranian Americans can make a major impact in restoring justice and accountability. With 2020 around the corner, we must not simply internalize the outrage of Bijan’s murder or the scandal of the targeting of Iranian American civil servants. We need to fight back. 

July 19, 2019 Comments are off NIAC Staff
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NIAC Calls for Bank of America to Stop Closures of Iranian American Bank Accounts

فارسی

For years, Iranian Americans have had their bank accounts shuttered as a direct result of their Iranian national origin or heritage. This is a form of discrimination that is profoundly damaging, throwing individuals into financial limbo while they wait to see if and when the bank will release their life savings. If you have faced discrimination from a bank account or had your account frozen, consider sharing your story so that we can build a documented case for why these discriminatory actions need to halt. 

Banks cite this as precautionary efforts to abide by U.S. sanctions that prohibit individuals from operating bank accounts in Iran. While not technically required by law, many of these banks judge that the risk of running afoul of sanctions outweighs the risk of engaging in discrimination against Iranian Americans. 

This is why NIAC is petitioning the Department of Treasury for a formal rule change to license Americans to operate bank accounts from Iran. We believe that we can change this rule and end these bank’s discriminatory actions against our community. 

A significant majority of complaints we have received come as a result of actions from Bank of America. Despite multiple efforts since 2014 by NIAC to engage Bank of America to fix their policies, Bank of America continues to engage in account closures of Iranian Americans.

That is why NIAC has again sent a letter to Bank of America clarifying that sanctions do not obligate them to close bank accounts of individuals ordinarily resident in the United States, while holding the option open to take legal action to protect the interests of Iranian Americans and bring an end to their discriminatory treatment at Bank of America.

Know that NIAC will not stop fighting for you, whether we are up against Trump’s Treasury, Bank of America, or anyone else harming Iranian Americans.

Download a PDF of the letter here

July 19, 2019

Dear Mr. Leitch:

I am writing on behalf of the National Iranian American Council (“NIAC”), the largest grassroots organization in the United States representing the interests of Iranian Americans, regarding Bank of America’s treatment of its U.S. customers of Iranian origin. Over the past several years, we have received persistent questions and complaints from Iranian Americans and Iranian nationals in the U.S. whose bank accounts have been abruptly closed by Bank of America – in some cases without notice and in other cases even when documents requested by the bank were submitted by these customers that confirmed that the provision of services to such customers was lawful. Our review of this material indicates that Bank of America has adopted policies and practices that are clearly discriminatory towards customers of Iranian origin. We therefore request that Bank of America immediately remediate its internal policies and procedures to ensure that such discrimination ceases. Absent such steps, we reserve the right to pursue litigation regarding this matter.

While we understand from past engagement that Bank of America cites U.S. sanctions on Iran as the basis for its actions, the actions undertaken by Bank of America are unwarranted as a matter of law. U.S. sanctions targeting Iran do not prohibit Bank of America from holding accounts on behalf of customers of Iranian origin. Instead, U.S. sanctions prohibit Bank of America from servicing “Iranian accounts,” which are defined for purposes of the Iranian Transactions and Sanctions Regulations (“ITSR”), 31 C.F.R. Part 560, as “accounts of persons ordinarily resident in Iran, except when such persons are not located in Iran.” Unless Bank of America has indication that a customer is a person ordinarily resident in Iran and is physically located in Iran, Bank of America has no legal obligation to deny services to a given customer under the ITSR.  

We find it egregious that Bank of America would treat its customers of Iranian origin in such a manner rather than appropriately tailoring its compliance policies and procedures in such a way as to ensure it conforms its conduct to the demands of U.S. law while respecting its customers’ rights and providing its customers exceptional service. We remain interested in discussing steps that Bank of America can take to ensure that its customers of Iranian origin are not treated in a discriminatory manner by the bank, and we reserve the right to pursue litigation to resolve this issue if necessary. 

We look forward to your response.

Sincerely,

 

Jamal Abdi
President, National Iranian American Council

August 8, 2018 Comments are off NIAC
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NIAC Concerned by edX Move to Bar Iranians from Coursework

 

UPDATE: edX responded to NIAC’s letter, citing a delay in obtaining a U.S. government license as the basis for a recent suspension of services that inadvertently affected Iranian Americans. See more here.

In response to messages received from its members, NIAC sent a letter today to edX, an online educational platform founded by Harvard University and MIT, expressing concern regarding its decision to terminate or reject the participation of students with Iranian background from its online coursework in an apparent attempt to comply with U.S. sanctions.

The decision has not just impacted individuals from Iran, but also Iranian Americans, in what appears to be an over-enforcement of U.S. sanctions with discriminatory impact on those with Iranian heritage. Given reports it appears that at least one Iranian American has been impacted by this policy. As a result, we are seeking information on  edX’s criteria for determining where specific students are based, Iran or otherwise. We strongly urge that edX alters its policies immediately to ensure that they are not over-enforcing sanctions or discriminating based on nationality and NIAC stands ready to assist edX in making that happen.

edX is one more example of the many companies that have or may go beyond standard sanctions compliance, especially as the first wave of pre-Iran deal sanctions are reimplemented. Many individuals of Iranian descent have been impacted by banks closing their accounts with little to no advance notice out of misguided fears that these individuals would seek to access their banking accounts while in Iran in violation of sanctions. Similarly, edX’s broad approach to compliance creates an environment conducive to discriminatory protocols and criteria, significantly impacting the every-day life Iranian Americans living in the U.S. Unintended, negative impacts of sanctions will remain a pervasive threat to Iranians and the Iranian-American community until the day that they are lifted.

Please see the letter below:

edX Letter (2)

December 27, 2017 Comments are off NIAC Staff
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NIAC Letter to Adobe on End User License Agreement

 
On December 27, 2017, the National Iranian American Council wrote Adobe Systems, Inc. expressing concern that its End User Licensing Agreement requires users of Adobe products to certify they “are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods.” As stated in the letter, NIAC is concerned that this requirement discriminates against Iranian nationals – including those in the United States – and is not required by U.S. sanctions laws.

NIAC hopes to work with Adobe to ameliorate the concerns of the Iranian-American community while adhering to existing sanctions obligations. You can see the letter as a PDF here or below:

December 27, 2017    

Mr. Jace Johnson

Adobe Systems Incorporated
345 Park Avenue
San Jose, CA 95110-2704

Dear Mr. Johnson:

We are writing on behalf of the National Iranian American Council (“NIAC”) – the largest grassroots organization in the United States representing the interests of Iranian Americans – regarding Adobe’s End User License Agreement, which appears to discriminate against nationals of Iran, including those persons who are lawfully resident in the United States. Specifically, Adobe’s End User License Agreement requires a person – prior to downloading or otherwise using an Adobe software product – to certify that they “are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods.”[1] It is our view that Adobe has a mistaken view as to the scope of current U.S. trade sanctions targeting Iran, and we hope to work with Adobe to ensure that its End User License Agreement(s) is consistent with U.S. sanctions laws and other trade restrictions and refrains from taking an overbroad view of U.S. law in a manner that discriminates against Iranian Americans.  

It is true that the United States imposes a comprehensive trade embargo with Iran – the provisions of which are codified in the Iranian Transactions and Sanctions Regulations (“ITSR”), 31 C.F.R. Part 560. Pursuant to the ITSR, U.S. persons – including Adobe – are generally prohibited from engaging in the export, re-export, sale, or supply of goods, services, or technology – including software – to Iran or the Government of Iran, absent an applicable exemption or a license authorization.[2] This includes situations where a U.S. person exports goods, services, or technology to third-country parties with knowledge or reason to know that the goods are specifically intended for re-export or transshipment to Iran. 

However, Adobe’s End User License Agreement appears to suggest that the export, re-export, sale, or supply of its software products to nationals of Iran – even if lawfully resident in the United States – is prohibited under U.S. law. That is not a correct statement of U.S. law, but instead risks discriminating against U.S. persons, particularly Iranian Americans, lawfully resident in the United States.[3] More appropriately, Adobe’s End User License Agreement should – subject to the condition outlined below – require persons downloading or otherwise using Adobe’s software products to certify that they are not downloading the product while based in Iran or intent on re-exporting or otherwise transferring the software product to parties based in Iran. 

In addition, we would also urge Adobe to consider the effect of the issuance of General License D-1, “General License with Respect to Certain Services, Software, and Hardware Incident to Personal Communications,” which authorized the export, re-export, sale, or supply of certain services, software, and hardware incident to personal communications to Iran.[4] It is our view that General License D-1 may render permissible the export, re-export, sale, or supply of many, if not all, Adobe software products to Iran and would negate the need for Iran to be included in Adobe’s End-User License Agreement at all. We would welcome the opportunity to discuss this matter with representatives from Adobe to ensure that Adobe acts consistent with current U.S. sanctions laws and trade restrictions without taking an overbroad reading of any potentially applicable sanctions prohibitions.

We look forward to working with Adobe to address the concerns of the Iranian-American community. We appreciate your consideration and look forward to your response.

Most Respectfully,

Jamal Abdi

Policy Director, NIAC

 

[1] Adobe, End User License Agreement, https://www.adobe.com/support/downloads/license.html.

[2] 31 C.F.R. § 560.204.

[3] It is apparent that Adobe’s End User License Agreement is not only incorrect, but also out of date. For example, the United States no longer imposes trade embargoes on Iraq or Sudan – two of the countries identified in the End User License Agreement as embargoed countries. We would thus urge Adobe to revisit and accordingly revise its End User License Agreement to render it consistent with current U.S. sanctions laws and trade restrictions.   

[4] General License D-1, “General License with Respect to Certain Services, Software, and Hardware Incident to Personal Communications,” U.S. Dep’t of Treasury, Feb, 7, 2014, https://www.treasury.gov/resource-center/sanctions/Programs/Documents/iran_gld1.pdf.  

April 25, 2017 Comments are off NIAC
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NIAC Joins Letter Demanding ICE Release Detention Records

The National Iranian American Council joined several other organizations in signing onto a letter to the Department of Homeland Security demanding the release of detention records from the office of Immigration and Customs Enforcement (ICE). The release of detention records would provide advocacy groups with information needed to stand against the Trump administration’s attack on sanctuary cities and immigrants in general.

Organizations signing included the National Immigration Law Center and Asian Americans Advancing Justice, alongside 40 others.

The letter highlighted the Department’s legal obligation to comply with the Freedom of Information Act (FOIA). FOIA allows individuals and organizations to demand access to records.

The FOIA statute permits the withholding of information only if an agency reasonably foresees that releasing the information would be harmful to operations or its disclosure is otherwise prohibited by law. The letter argues that ICE overuses the excuse that a disclosure would harm its operational capabilities in order to avoid providing information.

The letter referred to similar FOIA requests filed by state representatives and law enforcement agencies as evidence for the necessity of greater transparency regarding ICE activities and of the broader policy implications of the issue.

The records being withheld are known as “Declined Detainer Outcome Reports,” which are meant to be released weekly. The reports detail which non-Federal jurisdictions in the country do not honor detainer requests issued from the federal ICE office. Given the inaccurate and misleading nature of information contained in previous reports, access to the data is required for advocates to have proper insight into the Administration’s immigration crackdown.

The letter demands access to previously released data on sanctuary cities as a minimum requirement under the FOIA.

 

March 30, 2017 Comments are off NIAC Staff
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NIAC Calls on Authorities to Release Detained Iranian Citizen Holding Valid Visa

FOR IMMEDIATE RELEASE
Contact: Ryan Costello
Phone: 202-386-6325
Email: rcostello@niacouncil.org

The National Iranian American Council issued the following statement on the arrest of an Iranian citizen with a valid visa in Oregon:

“The National Iranian American Council calls upon authorities to release and explain the arrest and detention of Alia Ghandi, an Iranian citizen who holds a valid U.S. visa. Ghandi’s arrest raises a number of concerns that Iranians are still being unfairly targeted by immigration enforcement due to their national origin, in spite of court orders putting a hold on Trump’s Muslim ban.”

“Ghandi traveled to Oregon to visit her sister who is a U.S. citizen, where upon arrival a customs officer reportedly questioned her on why she had so many documents with her and subsequently denied her entry. Alia protested the deportation and was promptly arrested and sent to the Tacoma Northwest Detention Center. Alia’s sister has not yet been permitted to visit her in jail even though she has been detained for over 48-hours.”

“Alia’s sister claims she has since been asked if she wanted Alia – an architect – to remain in the U.S. and serve as a babysitter for her two young children. We understand that customs agents have a responsibility to ask tough questions, albeit in a respectful manner. According to Matthew dos Santos, Legal Director of ACLU Oregon, Alia has decided to claim asylum, which is her right, and the U.S. has an obligation to hear her case. Rather than being thrown in jail, asylum seekers should be welcomed, assisted, and permitted a chance to be heard by a judge.”

“Visitors from Muslim and Middle Eastern countries have long felt unwelcome at U.S. airports and the entry process – even with a visa – remains arbitrary. We fear that the Trump administration and its Muslim Ban executive orders have empowered a culture of xenophobia rather than professionalism within Customs and Border Patrol, as numerous examples including Ghandi’s demonstrate. Further, this climate of fear risks unduly targeting and diminishing Iranian’s desire to even pursue their dreams or visit their family here in the United States. The fate of valid visa holders should not be determined by the “luck of the draw” in which agent greets them at the border and detention should be reserved for criminals.”

 

January 28, 2017 Comments are off NIAC Press Release
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NIAC Calls for Grace Period on Inhumane Trump Ban

FOR IMMEDIATE RELEASE
Contact: Jamal Abdi
Email: jabdi@niacouncil.org

Washington, DC – The National Iranian American Council issued the following statement calling for a grace period on President Trump’s ban on nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen so that they can be reunited with their families:

With more and more reports of visa holders and lawful permanent residents being detained at U.S. airports, the horrific nature of Trump’s Muslim ban is fully apparent for the entire world to see. Families are being ripped apart without warning and with no assurance of when they will be reunited. Students traveling abroad at the time of the ban are horrified that they might not be able to return to continue their studies. Children are being detained along with their parents when they were just seeking to return home. This is a dark day in the history of this country.

If the Trump administration has any shred of humanity and decency, it will institute a grace period without delay in order to enable all lawful permanent residents, dual nationals and visa holders from Iran and the other targeted countries to return to the United States to reunite with their families and return to their daily lives. Anything less is a complete disgrace.

NIAC will continue to fight to overturn this unjust and inhumane ban on Iranians and other nationals.

###

July 30, 2014 Comments are off Tyler Cullis
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Steps Iranians Can Take to Avoid Unwarranted Bank Account Closures

NIAC Banking Infographic

Click to view larger image

Recently, there have been increasing numbers of cases in which US banks, citing US sanctions on Iran, have either closed or restricted the accounts of both Iranians based in the US and Iranian Americans who travel to Iran. This is the result of either poor legal advice provided to banks regarding sanctions compliance or the result of the increased scrutiny of accounts held by Iranian nationals, combined with extreme caution on the part of banks.

NIAC has and will continue to work with banks and the US government to fully resolve this issue. In the meantime, we would like to provide some precautionary measures that Iranians and Iranian Americans can take to help ensure they do not run into this problem.

For Persian translation of this document, click here.

(1)  For Iranian nationals who are not US citizens, make sure your bank has timely, accurate information regarding your current place of residence, including any identification showing US residence.

Under US law, US banks are prohibited from providing services to “ordinary residents in Iran,” except when those “ordinary residents” are not in Iran. In other words, if you are an Iranian student who is a resident of Iran but presently based in the US, US banks can provide their services to you only as long as you are outside Iran.

However, when US banks have uncertainty as to whether an Iranian customer is still based in the US or if the customer may have returned to Iran, they have increasingly decided to close or restrict the customer’s bank account. That is why, for instance, Iranian students studying in the US who may not have a fixed US address or US identification on file with their bank have been most affected by banks’ cautious approach.

The best thing Iranian nationals who are not US citizens can do is to make sure that your bank has timely and accurate information of your current place of residence, so as to minimize the chances that they will pick up your account during their periodic screens. Providing identification that details your residence could be helpful to assuage bank concerns about your location at any given time.

(2)  Do not initiate a transaction or access your bank account when in Iran.

Under US law, US banks are prohibited from servicing your account when you are accessing your account or initiating a transaction from Iran. If you attempt to do either of these two things while in Iran, the transaction will be rejected and your bank will likely place a restriction on your account. That restriction will likely only be lifted when you provide information to the bank’s satisfaction that you are no longer in Iran and are not ordinarily resident in Iran.

You should not access your account or initiate a transaction from your account when in Iran. However, it is important for you to know that US banks should not restrict your account when you simply travel to Iran. As long as you are not ordinarily resident in Iran and you do not access your account while in Iran, you should be able to travel to and from Iran without any problems arising with your US bank account.

(3)  If your bank account is closed or restricted, you have options.

Having your bank account closed or restricted is a major inconvenience, and for some (including Iranian students studying in the US), much more than that. However, it is important for you to know that you have options if your account is restricted or closed by your bank.

Typically, your bank wants proof of US residence. If you can provide this to your bank, your bank will likely lift the restriction or reopen your account.

If not, though, it is important to remember that your account is not “blocked”. You can take all your funds in your bank and transfer them elsewhere.

May 20, 2014 0 Comment NIAC Press Release
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NIAC Condemns Arrest of “Happy” Youth

Washington, DC – National Iranian American Council (NIAC) released the following statement:

NIAC condemns Iranian authorities for arresting six youth and forcing them to repent on state television for producing a video in which they danced to the song “Happy.” 

This is a stunt aimed at generating media attention and maximum embarrassment for Iran. There are forces within Iran’s government who want to keep the Iranian people isolated from the world. They have escalated human rights violations over the past eight months in an attempt to quash hopes for greater openness internally, and to try to block positive relations from being built externally. Now they are arresting kids for dancing to music videos and forcing them to confess on state TV. 

The irony that the Iranian youth were arrested for dancing to a song called “Happy” seems to be lost on the Iranian authorities. The Iranian people cannot be forced to live in a world where enrichment is a right, but happiness is not.

Without Mahmoud Ahmadinejad to make incendiary statements to poison Iran’s reputation internationally, hardliners are carrying out provocative acts like this one in a bid to cling to the status quo and keep Iran weak and isolated. 

This latest incident comes just days after Rouhani publicly called for an end to restrictions against Internet communications in Iran, saying, “We must recognize our citizens’ right to connect to the World Wide Web.”

The Iranian government has a responsibility to uphold it commitments to international human rights obligations. President Rouhani must take action to uphold his commitments and not remain passive in face of these violations.

###

September 16, 2007 0 Comment Trita Parsi
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Iranian-American beaten in racist attack in NY

New York – The Iranian-American owner of a high-end nail and facial salon that caters to the likes of Jennifer Lopez was beaten and robbed yesterday in what Long Island cops called a bias attack. The attack followed two weeks of phone calls in which Iranian-American Zohreh Assemi was called a "terrorist" and told to "get out of town," friends and family said. Read full story.

September 5, 2007 0 Comment Trita Parsi
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NIAC Protests Dispatch Cartoon Depicting Iranians as Cockroaches

Washington DC – The Columbus Dispatch published a cartoon on Tuesday depicting Iran as a sewer on a map of the Middle East with cockroaches crawling out of it. By publishing this racist cartoon, the editors of the Dispatch have insulted and propagated hate against the Iranian American community.

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