Fact Check: Jeff Flake mostly right on Iran sanctions

THE MEDIA: Internet

WHO SAID IT: Jeff Flake

TITLE: U.S. senator

PARTY: Republican

THE COMMENT: “The administration says, no, we’re not giving up our ability, for example, to impose sanctions. But if you read the agreement, it seems to indicate otherwise, and the Iranians certainly believe otherwise, and have said so.”

THE FORUM: Comment for an Arizona Republic article published Aug. 8.

WHAT WE’RE LOOKING AT: Whether the Iran nuclear agreement removes the ability for the United States to impose sanctions.

ANALYSIS: The Iran nuclear agreement, or Joint Comprehensive Plan of Action, would allow Iran to engage in nuclear research and energy development under scrutiny. It would also lift economic sanctions against Iran put in place by the United States and European Union.

Congress next month plans to take up a resolution to disapprove of the Iran deal. Flake has announced he will oppose the pact negotiated by the U.S. and five other world powers.

The deal does contain language that would restrict the United States’ ability to impose certain types of sanctions. In addition to lifting the current sanctions, the U.S. would agree to “refrain from re-introducing or re-imposing” them or any other new “nuclear-related” sanctions.

Furthermore, the U.S. would “refrain from any policy specifically intended to directly and adversely affect the normalization of trade and economic relations with Iran inconsistent with their commitments not to undermine the successful implementation” of the agreement.

Kenneth Pollack, a senior fellow at the Center for Middle East Policy at the Brookings Institution, a Washington, D.C.-based think tank, said in an e-mail that “the letter of the deal says that we can impose new, non-nuclear sanctions,” but “the spirit says we can’t.”

“Add to that the fact that we were never able to get other countries to join us in sanctioning Iran for terrorism, human-rights abuses, aggression in the region, etc.,” Pollack said. “The nuclear issue was the only one that got them on board with sanctions. ...The reality is that it will be hard to impose new sanctions on Iran, certainly ones that would actually bite and therefore have a good chance of making them do what we want them to do.”

Jason Samuels, communications director for Flake, pointed to paragraph 26 of the JCPOA as the source of the comment. That paragraph deals with the re-imposition of “nuclear-related” sanctions and “imposing new nuclear-related sanctions.”

Secretary of State John Kerry, in a July 23 congressional hearing on the deal, confirmed this portion of the agreement, but echoed Pollack’s view that it does not prevent sanctions for terrorism or regional aggression.

BOTTOM LINE: The Iran deal does restrict the U.S.’ ability to impose certain sanctions. Specifically, the agreement prevents new “nuclear-related” sanctions. Sanctions outside the scope of the treaty are still possible, but may violate the spirit of the deal. It could also be difficult to convince other countries to agree to them, rendering sanctions ineffective.

THE FINDING: Mostly true

SOURCES:Text of Iran Nuclear Deal, Joint Comprehensive Plan of Action, 14 July, Part C, Paragraphs 26, 28, 29 and 30 deal with sanctions; Iran Nuclear Deal Annexes and Additional Information; E-mail exchange with Kenneth Pollack; “Sen. Jeff Flake takes heat on Iran nuclear deal,” Dan Nowicki, The Republic, Aug. 8, 2015; E-mail exchange with Jason Samuels; Secretary of State John Kerry statement during a congressional hearing, July 23, 2015.