EUROPEAN NON-PROLIFERATION DIPLOMACY IN THE SHADOW OF SECONDARY SANCTIONS - Sipri

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SIPRI Policy Brief
                   August 2020

EUROPEAN NON-                                                                             SUMMARY
                                                                                          w This policy brief describes
PROLIFERATION DIPLOMACY                                                                   European responses to
                                                                                          secondary sanctions that the
IN THE SHADOW OF                                                                          United States imposed on Iran
                                                                                          after withdrawing from the

SECONDARY SANCTIONS                                                                       2015 nuclear agreement, or the
                                                                                          Joint Comprehensive Plan of
                                                                                          Action (JCPOA). In particular,
tytti erästö                                                                              it looks at the Instrument in
                                                                                          Support of Trade Exchanges
                                                                                          (INSTEX), which was
                                                                                          established by France,
After withdrawing from the Iran          undermined Iranian people’s access
                                                                                          Germany and the United
nuclear agreement, or the Joint          to basic humanitarian goods.
                                                                                          Kingdom in 2019 to facilitate
Comprehensive Plan of Action               This policy brief describes                    European–Iranian trade,
(JCPOA), in May 2018, the United         European responses to US President               initially focusing on the
States imposed unprecedentedly           Donald J. Trump’s administration’s               humanitarian sector. While
harsh sanctions on Iran. Iran            secondary sanctions on Iran. In                  falling short of the kind of
responded to this ‘maximum               particular, it looks at the Instrument           comprehensive economic
pressure’ campaign by reducing its       in Support of Trade Exchanges                    normalization that was
JCPOA commitments. While the             (INSTEX), which was developed                    expected under the JCPOA,
USA assumes that more pressure           by the E3 in 2019 to facilitate                  INSTEX could help maintain
can lead to a ‘better deal’ with Iran,   European–Iranian trade. It is                    the ailing nuclear agreement in
European non-proliferation policy is     argued that while falling short of               addition to addressing some of
                                                                                          the negative humanitarian
based on preserving the JCPOA.           the kind of economic normalization
                                                                                          consequences of sanctions in
   The impact of US sanctions            that was expected under the
                                                                                          Iran. INSTEX can also be seen
mainly derives from penalizing           JCPOA, INSTEX has the potential                  as a test case for a more
third parties for engaging with Iran.    to alleviate human suffering and                 independent European foreign
Such secondary sanctions make            free some European–Iranian trade                 policy that could better
foreign banks reluctant to process       from secondary sanctions. The                    withstand future
Iran-related transactions—even           instrument can also be seen as an                disagreements with major
when they fall outside the scope         experimental step towards a more                 powers.
of US sanctions. Such sanction           independent European policy that
overcompliance makes it difficult        could better withstand future
for those European companies that        disagreements with major powers.
still want to trade with Iran to do
so. This has also meant that the         BACKGROUND
European Union (EU) and the E3—
                                         In the mid-1990s when the USA first
France, Germany and the United
                                         imposed extraterritorial sanctions
Kingdom—have been unable to meet
                                         on Iran as part of the Iran and Libya
previous expectations regarding
                                         Sanctions Act (ILSA), the European
lifting of sanctions under the
                                         Council pushed back with the
JCPOA. In addition to contributing
                                         so-called ‘Blocking Regulation’.1
to a deep socio-economic crisis
within Iran, the sanctions have
                                            1 US Congress, Iran and Libya Sanctions Act
                                         of 1996, Public Law 104–172, 5 Aug. 1996.
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In addition to prohibiting EU                     or lifted. 5 Under the compromise
companies from complying with                     agreement Iran could continue
secondary sanctions, the 1996                     uranium enrichment under strict
regulation gave them the right to                 limits and intrusive International
recover related damages. 2 The EU                 Atomic Energy Agency (IAEA)
also threatened to take the dispute               inspections. 6 For Iran the most
to the World Trade Organization                   significant benefit of the JCPOA
(WTO). These measures contributed                 was economic normalization from
to the 1997 decision by President                 the lifting of sanctions. However,
Bill Clinton’s administration not to              the most important factor enabling
enforce the ILSA. 3                               the agreement had arguably been
  However, the crisis over Iran’s                 new US flexibility on uranium
nuclear programme in the following                enrichment in Iran, based on secret
decade created transatlantic                      bilateral negotiations in 2012–13.7
solidarity on the need for non-                   Yet, the diplomatic success was
proliferation sanctions, in which                 commonly explained as a result of
context the EU also accepted US                   sanctions. 8
secondary sanctions on Iran. In                     By withdrawing from the JCPOA
addition to United Nations Security               the Trump administration rejected
Council sanctions in 2006–10, in                  the underlying compromise,
2012 the EU and the USA jointly                   assuming that more coercive
imposed an oil embargo on Iran                    pressure could lead to more Iranian
in an effort to end its uranium                   concessions on the nuclear issue
enrichment activities. They also                  as well as regional and missile
targeted Iran’s central bank and                  policies. While the resulting
took measures leading to the                      maximum pressure strategy—by
exclusion of several Iranian banks                which the USA unilaterally
from the Belgian-based Society for                imposed a near-total oil embargo
Worldwide Interbank Financial                     on Iran—has demonstrated
Telecommunication (SWIFT)                         unparalleled US power over the
system.4                                          global financial system, it has
  After conclusion of the JCPOA                   failed to reach its policy objectives.
in 2015, previous UN Security                     Instead, Iran responded by
Council sanctions on Iran were                    ceasing the implementation of key
terminated with Resolution 2231,                  JCPOA commitments between
and the transatlantic financial and               May 2019 and January 2020,
banking sanctions were waived                     and Iranian hardliners opposing
                                                  engagement with the West have

    2 European Council, Regulation No 2271/96
of 22 November 1996 protecting against the           5 UN Security Council Resolution 2231
effects of the extra-territorial application of   (2015), 20 July 2015.
legislation adopted by a third country, and          6 Joint Comprehensive Plan of Action
actions based thereon or resulting therefrom,     (JCPOA), Vienna, 14 July 2015, reproduced as
22 Nov. 1996.                                     Annex A of UN Security Council Resolution
   3 Katzman, K., ‘The Iran Sanctions Act         2231, 20 July 2015.
(ISA)’, Congressional Research Service Report        7 Rozen, L., ‘Inside the secret US–Iran
for Congress, updated 12 Oct. 2007.               diplomacy that sealed nuke deal’, Al-Monitor,
   4 Gladstone, R. and Castle, S., ‘Global        11 Aug. 2015.
network expels as many as 30 of Iran’s banks in      8 See e.g. The White House, ‘The Iran
move to isolate its economy’, New York Times,     nuclear deal: What you need to know about the
15 Mar. 2012.                                     JCPOA’, 14 July 2015.
european non-prolifer ation diplomacy                             3

been empowered.9 While distancing                   The EU also failed to prevent the
themselves from US policy, the                    decision—taken by SWIFT under US
E3/EU have condemned Iranian                      pressure—to exclude Iranian banks
actions, calling for full compliance              from its payment system.14 Even the
with the JCPOA.10                                 European Investment Bank—whose
                                                  mandate was extended to Iran
INITIAL EFFORTS TO COUNTER                        as an additional response to US
SECONDARY SANCTIONS                               measures—considered investing in
                                                  Iran too risky.15
To defend the JCPOA, in June 2018
the EU included the upcoming                      SHIFTING FOCUS TO SANCTION
US secondary sanctions on                         OVERCOMPLIANCE
Iran within the 1996 Blocking
Regulation.11 However, the Trump                  In September 2018 the E3/EU
administration’s obliviousness to                 announced a plan to develop
the measure exposed the lack of                   a special trade instrument to
an effective mechanism to enforce                 ‘facilitate payments related to Iran’s
the legislation.12 In contrast the                exports (including oil) and imports’
US Treasury Department’s Office                   to ‘assist and reassure economic
for Foreign Asset Control (OFAC)—                 operators pursuing legitimate
whose powers to enforce secondary                 business with Iran’.16 However,
sanctions were significantly                      by the time of its establishment in
broadened in the 2000s—has                        January 2019, the mission of the
effectively deterred the private                  instrument—which
sector from Iran-related activities.13            was then named
                                                                            Although it fell short of Iranian
                                                  INSTEX—had
                                                  been reduced,             expectations, the mission of INSTEX
  9 Press TV, ‘Iran announces decision to take
fifth step to scale back JCPOA commitments’,      at least initially,       addresses a critical area of sanction
5 Jan. 2020; and Geranmayeh, E., ‘Reviving        to trade in               overcompliance
the revolutionaries: How Trump’s maximum          humanitarian
pressure is shifting Iran’s domestic politics’,
European Council on Foreign Relations Policy
                                                  goods.17
Brief, 23 June 2020.                                 Although it fell short of Iranian
   10 Erästö, T. and Cronberg, C., ‘Will
                                                  expectations, the limited mission of
Europe’s latest move lead to the demise of
the Iran nuclear deal?’, SIPRI Commentary,
21 Jan. 2020; and IAEA, ‘NPT safeguards           sanctions dilemma’, Washington Quarterly,
agreement with the Islamic Republic of Iran’,     vol. 42, no. 3 (2019), pp. 57–71.
Resolution adopted by the Board of Governors,        14 Reuters, ‘SWIFT says suspending some
GOV/2020/34, 19 June 2020.                        Iranian banks’ access to messaging system’,
   11 European Commission, Commission             5 Nov. 2018.
Delegated Regulation (EU) 2018/1100 of               15 Emmott, R. and de Carbonnel, A.,
6 June 2018 amending the Annex to Council         ‘European Investment Bank casts doubt on EU
Regulation (EC) No 2271/96 protecting against     plan to salvage nuclear deal’, Reuters, 18 July
the effects of extra-territorial application of   2018.
legislation adopted by a third country, and          16 European Union External Action Service,
actions based thereon or resulting therefrom,     ‘Implementation of the Joint Comprehensive
6 June 2018.                                      Plan of Action: Joint ministerial statement’,
   12 Batmanghelidj, E. and Hellman, A.,          Joint statements, 24 Sep. 2018.
‘Europe, Iran and economic sovereignty: A            17 French Ministry for Europe and Foreign
new banking architecture in response to US        Affairs, ‘Joint statement on the creation of
sanctions’, European Leadership Network,          INSTEX, the special purpose vehicle aimed at
June 2018.                                        facilitating legitimate trade with Iran in the
   13 See e.g. Sandberg-Zakian, E., ‘Insight:     framework of the efforts to preserve the Joint
OFAC $7.8M settlement with Swiss company          Comprehensive Plan of Action (JCPOA)’, Joint
expands tech enforcement’, Bloomberg Law,         statement by the E3 foreign ministers, 31 Jan.
16 Apr. 2020; and Arnold, A., ‘A financial        2019.
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                               INSTEX addresses a critical area                       they have hindered timely delivery
                               of sanction overcompliance. In                         of international aid to Iran. 22
                               prin­ciple, humanitarian trade is
                               exempt from sanctions, but the lack                    HOW THE INSTRUMENT IN
                                                                                      SUPPORT OF TRADE
                               of specific reassurances from the
                                                                                      EXCHANGES SHOULD WORK
                               USA has meant a failure to apply
                               this exemption in practice.18 As                       INSTEX is a cross-border clearing
                                                noted in a 2019 UN                    mechanism based on exchange
Governmental ownership raises the               report, the sanctions                 of goods or services that does not
threshold for the USA to impose sanctions on Iran ‘unduly                             involve the transfer of currency
                                                affect food security                  between Europe and Iran. It
on INSTEX                                                                             plays the role of an intermediary
                                                and the availability
                               and distribution of medicines,                         between companies, together with
                               pharmaceutical equip­ment and                          its Iranian counterpart, the Special
                               supplies’.19 Iran produces most                        Trade and Finance Instrument
                               of its pharmaceutical products                         (STFI). The goal is to compensate
                                                                                      European exporters with funds
                               domestically, but international
                                                                                      located in Europe, based on the
                               banking restrictions have hampered
                                                                                      value commensurate with the value
                               domestic production by limiting
                                                                                      of imports from Iran. The STFI
                               imports of raw materials and
                                                                                      is similarly tasked to coordinate
                               undermined Iran’s access to                            payments to Iranian exporters
                               specialized medicines needed to                        in accordance with the value of
                               treat cancer and other chronic or                      imports from Europe. 23
                               rare diseases. 20                                         INSTEX can reassure banks
                                 While the pre-2015                                   and companies through its
                               comprehensive sanctions                                joint ownership by three major
                               regime on Iran also had negative                       European states (E3). 24 In addition
                               humanitarian consequences, the                         to providing a high level of trust
                               severity of current US sanctions,                      in the instrument’s due diligence
                               alongside their counterproductive                      procedures, governmental
                               non-proliferation impact, has drawn                    ownership raises the threshold for
                               renewed attention to the problem. 21                   the USA to impose sanctions on
                               Criticism towards sanctions has                        INSTEX. In addition to the E3, four
                                                                                      other European states—Belgium,
                               increased with the coronavirus
                                                                                      Denmark, the Netherlands and
                               disease 2019 (COVID-19) crisis, as
                                                                                      Norway—have joined INSTEX
                                      18 Borger, J. and Kamali Dehghan, S.,           as shareholders, and two more—
                                  ‘US rebuffs Europeans over ensuring Iran
                                  sanctions exempt food and medicine’, The              22 Human Rights Watch, ‘US: Ease sanctions
                                  Guardian, 2 Nov. 2018.                              on Iran in COVID-19 crisis: Ensure access
                                     19 UN General Assembly, ‘Situation of            to essential resources’, 6 Apr. 2020; and
                                  human rights in the Islamic Republic of             Chadwick, V., ‘EU aid official slams banks’
                                  Iran’, Report of the Special Rapporteur on          overzealous sanctions strategy’, Devex, 18 June
                                  the situation of human rights in the Islamic        2020.
                                  Republic of Iran, A/74/188, 18 July 2019.              23 Batmanghelidj, E., ‘INSTEX develops new
                                     20 Kebriaeezadeh, A., ‘US sanctions are          service in bid to fast-track Iran transactions’,
                                  killing cancer patients in Iran’, Foreign Policy,   Bourse & Bazaar, 30 July 2019.
                                  14 Aug. 2019.                                          24 Geranmayeh, E. and Batmanghelidj, E.,
                                     21 Erdbrink, T., ‘Iran sanctions take            ‘Trading with Iran via the special purpose
                                  unexpected toll on medical imports’, New York       vehicle: How it can work’, European Council on
                                  Times, 2 Nov. 2012.                                 Foreign Relations, 7 Feb. 2019.
european non-prolifer ation diplomacy                             5

Finland and Sweden—are expected                  pay European exporters using Iran’s
to join soon. 25 Expanded ownership              revenues currently frozen in foreign
further contributes to risk and cost             banks. 31 While banks are reluctant
sharing and enforces the ‘sovereign              to transfer Iranian funds due to
shield’ around the instrument. 26                fear of US sanctions, this option has
  After a delayed start the first                already been applied by South Korea
INSTEX transaction took place                    to allow a medicine delivery to
on 31 March 2020, with a German                  Iran. 32 Switzerland has negotiated a
company exporting blood treatment                similar arrangement with the USA
equipment to Iran. 27 Several                    as part of the Swiss Humanitarian
European companies have indicated                Trade Agreement (SHTA). 33
an interest in the mechanism, which              However, these bilateral channels
they can use even if not domiciled               are dependent on OFAC permission,
in shareholder countries. 28 The E3              requiring lengthy negotiations
has said that INSTEX might later                 and intrusive information sharing
also be opened to non-European                   with the US Government. 34 A
operators, and suggested that its                similar route would hardly be an
scope could be extended beyond                   option for INSTEX, which operates
humanitarian trade. 29 However,                  under EU law and data protection
INSTEX still needs to overcome                   requirements. 35
major obstacles to function as                     Alternatively, Iran could be
intended.                                        offered a loan to buy humanitarian
                                                 goods. The COVID-19 crisis
THE TRADE DEFICIT                                prompted the country to apply
CHALLENGE                                        for a $5 billion loan from the
                                                 International Monetary Fund
One key challenge facing INSTEX is
                                                 (IMF). The head of Iran’s central
that the value of European exports
                                                 bank suggested that the money
to Iran far exceeds the value of
                                                 could be channelled through
Iranian exports to Europe. This
                                                 INSTEX and SHTA. 36 Although
imbalance is largely due to the US
                                                 the USA is seeking to block this
sanctions on Iranian oil exports. 30
                                                 option, the loan could be granted,
Without a balance, INSTEX is not
                                                 depending on IMF support. 37
sustainable, as European exporters
                                                   Finally, the chances of striking a
cannot get due compensation based
                                                 functioning trade balance could be
on European imports from Iran.
  One potential solution being                     31 Mallard, G. et al., ‘The humanitarian
explored by INSTEX would be to                   gap in the global sanctions regime: Assessing
                                                 causes, effects, and solutions’, Global
  25 Telephone interview with Michael Bock,      Governance, vol. 26 (2020), pp. 121–53.
8 June 2020; and Batmanghelidh, E., ‘Europe         32 Financial Tribune, ‘S. Korea sending first
still needs INSTEX to help solve the Iran        humanitarian cargo’, 29 May 2020.
crisis’, Bourse & Bazaar, 26 Feb. 2020.             33 Ackerman, S., ‘Iran has gotten nothing
   26 Geranmayeh and Batmanghelidj               from US “humanitarian” channel’, Daily Beast,
(note 24).                                       8 May 2020.
   27 Norman, L., ‘EU ramps up trade system         34 Mallard et al. (note 31).
with Iran despite US threats’, Wall Street          35 Telephone interview with Michael Bock
Journal, 31 Mar. 2020.                           (note 25).
   28 Batmanghelidh (note 25).                      36 Motevalli, G., ‘Q&A: Iran’s Central Bank
   29 French Ministry for Europe and Foreign     governor comments on IMF loan request’,
Affairs (note 17).                               Bloomberg, 19 Apr. 2020.
   30 European Commission, ‘Countries and           37 Atwood, K., ‘US ready to block Iran’s
regions: Iran’, updated 23 Apr. 2020, accessed   requests for coronavirus aid from the IMF,
1 June 2020.                                     officials say’, CNN Politics, 9 Apr. 2020.
6      sipri policy brief

                                  increased through the expansion                   remained elusive. Hence, the
                                  of INSTEX to non-European                         re-election of Trump might
                                  companies importing goods from                    mean continuation of the current
                                  Iran, and extension of the INSTEX                 situation—or it could be the
                                  mandate beyond humanitarian                       breaking point. That point might
                                  goods.                                            be reached even earlier due to the
                                                                                    recent US plan to either extend the
                                  LOOKING AHEAD                                     arms embargo under Resolution
                                                                                    2231 or trigger a ‘snapback’ of
                                 While Iranian–US relations and
                                                                                    previous UN Security Council
                                                 the fate of the
Its mission of countering the negative                                              sanctions on Iran.41
                                                 JCPOA will affect
                                                                                       The collapse of the JCPOA would
effects of secondary sanctions remains           INSTEX, its mission
                                                                                    likely reduce European commitment
relevant irrespective of political               of countering the
                                                                                    to INSTEX. Yet, the instrument’s
                                                 negative effects
developments                                                                        humanitarian mission should
                                                 of secondary
                                                                                    be viewed as a matter of ethical
                                                 sanctions remains
                                                                                    necessity, rather than a nuclear-
                                 relevant irrespective of political
                                                                                    related concession. Therefore,
                                 developments. In addition to making
                                                                                    INSTEX would be important even
                                 INSTEX fully functional, European
                                                                                    without the JCPOA.42
                                 governments might also decide
                                 to take further steps to counter                   Beyond humanitarian trade?
                                 secondary sanctions.
                                                                                    As E3 foreign ministers said in
                                  Impact of Iranian–United States                   January 2019, ‘INSTEX will
                                  relations                                         support legitimate European
                                                                                    trade with Iran, focusing initially
                                  Democratic Party victory in the
                                                                                    on the [humanitarian] sectors
                                  November 2020 US presidential
                                                                                    most essential to the Iranian
                                  elections could open the door to
                                                                                    population’.43 This seemed to
                                  Iranian–US diplomacy—provided
                                                                                    suggest a potential future expansion
                                  the political developments within
                                                                                    beyond humanitarian trade.
                                  Iran allow this. 38 However,
                                                                                      The current INSTEX president,
                                  diplomacy would depend on the
                                                                                    Michael Bock, confirmed that the
                                  lifting of sanctions, which would
                                                                                    instrument could cover other areas
                                  be particularly difficult given the
                                                                                    once humanitarian trade runs more
                                  private sector’s disillusionment
                                                                                    smoothly. From a legal perspective
                                  with the Obama administration’s
                                                                                    the instrument could even include
                                  previous assurances about the safety
                                                                                    oil trade, but in practice it cannot be
                                  of engaging with Iran. 39 INSTEX
                                                                                    expected to go against US sanctions,
                                  could help address this problem by
                                                                                    as this would mean withdrawal
                                  providing additional reassurance to
                                                                                    of European bank cooperation.44
                                  risk-averse banks and companies.40
                                                                                    While INSTEX cannot undo the
                                     A deal between Iran and the
                                  current US administration has
                                                                                      41 Masterson, J., ‘US aims to extend Iran
                                                                                    embargo’, Arms Control Association, June
                                      38 Geranmayeh (note 9).                       2020.
                                      39 Treanor, J., ‘HSBC criticises John Kerry     42 Batmanghelidh (note 25).
                                  over business with Iran request’, The Guardian,     43 French Ministry for Europe and Foreign
                                  13 May 2016.                                      Affairs (note 17).
                                     40 Online interview with Esfandyar               44 Telephone interview with Michael Bock
                                  Batmanghelidj, 12 June 2020.                      (note 25).
european non-prolifer ation diplomacy                              7

de facto primacy of US law, it could                Other proposals include: taking
be extended to non-humanitarian                   sanctions disputes to the WTO;
trade that is not targeted by the                 involving European central banks
USA but is impeded by fear of US                  in Iran-related transactions;
secondary sanctions, including                    threatening retaliatory measures
tourism and trade on various                      in response to arbitrary inclusion
consumer goods.45                                 of European entities in OFAC’s
                                                  Specially Designated Nationals list;
Potential further steps towards                   and in the long term, strengthening
European economic sovereignty                     the role of the euro as a global
                                                  currency.49 Other developments—
Since 2018 the EU approach
                                                  notably the recent US sanctions
has shifted from attempts at
                                                  on the Nord Stream 2 gas pipeline
persuading the USA and seeking
                                                  project—might be seen to warrant
to counter secondary sanctions to
                                                  similar measures. 50 Indeed, from
addressing the problem of sanction
                                                  the Iranian perspective Europe’s
overcompliance. This moderation
                                                  assertive response
of goals can be understood in
                                                  to the pipeline          The prospect of INSTEX being targeted
light of the constraints that a
                                                  sanctions contrasts      with US sanctions might still push the E3/
dollar-dominated world economy
                                                  with its position
imposes on European autonomy,
                                                  on Iran-related
                                                                           EU to take further steps
as well as reluctance to engage in
                                                  sanctions,
open confrontation with the USA.
                                                  suggesting that Europeans could
However, the prospect of INSTEX
                                                  have done more to safeguard the
being targeted with US sanctions
                                                  JCPOA. 51
might still push the E3/EU to take
further steps.                                    Arms control as part of regional
   Based on previous proposals, one               security arrangements
such step could be a coordinated
approach to enforcing the Blocking                The transatlantic approach to the
Regulation through a new European                 Iran nuclear issue has relied heavily
enforcement authority.46 Instead                  on sanctions, and survival of the
of penalizing companies for non-                  JCPOA depends on the lifting of
compliance with EU law, such an                   sanctions. Yet, it can hardly be
authority could provide them with                 concluded that sanctions are an
advice on due diligence and on                    effective non-proliferation tool.
seeking reparation from damage                    Academic literature suggests that
caused by secondary sanctions.47                  sanctions rarely work, and the
The E3/EU could also establish                    Iranian case is not necessarily an
a fund to compensate for such                     exception. 52 As noted above the
damage.48                                         JCPOA involved a major concession

  45 German–Iranian Chamber of Industry              49 Geranmayeh and Lafont Rapnouil
and Commerce, ‘Ich appelliere an alle Seiten,     (note 46).
Vertrauen in uns zu setzen’, Interview with          50 RadioFreeEurope/RadioLiberty,
Michael Bock, 6 Feb. 2020.                        ‘Germany says further US sanctions over Nord
  46 Geranmayeh, E. and Lafont Rapnouil, M.,      Stream 2 would interfere with EU energy
‘Meeting the challenge of secondary sanctions’,   security’, 14 June 2020.
European Council on Foreign Relations Policy         51 Online interview with Bijan Khajehpour,
Brief, 25 June 2019.                              5 June 2020.
  47 Batmanghelidh and Hellman (note 12).            52 Morgan, T. C. and Schwebach, V. L.,
  48 Online interview with Jonathan               ‘Economic sanctions as an instrument of
Hackenbroich, 25 June 2020.                       foreign policy: The role of domestic politics’,
SIPRI is an independent          on uranium enrichment also on the                    arrangements, possibly including
international institute          US side, which, if tried earlier, might              arms control. 53
dedicated to research into       have allowed a diplomatic solution
conflict, armaments, arms        even without sanctions. From this                    CONCLUDING REMARKS
control and disarmament.
                                 perspective, the maximum pressure
Established in 1966, SIPRI                                                            The current US strategy has
                                 policy can be seen as reflecting
provides data, analysis and                                                           undermined the perceived utility of
                                 the unlearned lessons about the
recommendations, based on                                                             non-proliferation sanctions, making
open sources, to policymakers,   importance of mutual compromise
                                                                                      them appear as a pitfall, rather than
researchers, media and the       for the JCPOA. At the same time,
                                                                                      a tool, of non-proliferation in Iran.
interested public.               the policy has undermined the
                                                                                      Reflective of this view, INSTEX
                                 credibility of promises of sanction
                                                                                      seeks to alleviate the negative
GOVERNING BOARD                  lifting in future diplomatic
                                                                                      effects of secondary sanctions.
                                 negotiations.
Ambassador Jan Eliasson,                                                              While its impact on European–
  Chair (Sweden)
                                    The E3/EU would therefore do
                                                                                      Iranian trade remains minimal,
Dr Vladimir Baranovsky           well to explore non-proliferation
                                                                                      INSTEX demonstrates European
  (Russia)                       approaches that are less reliant on
                                                                                      solidarity on the JCPOA, and can
Espen Barth Eide (Norway)        sanctions. One alternative could
                                                                                      help maintain the agreement until
Jean-Marie Guéhenno (France)     be a regional arms control strategy
                                                                                      diplomatic solutions are found.
Dr Radha Kumar (India)           in the Middle East, as the need for
                                                                                      INSTEX can also be seen as a
Ambassador Ramtane               nuclear confidence building also
Lamamra (Algeria)                                                                     test case of a more independent
                                 applies to Iran’s neighbours. Europe
Dr Patricia Lewis (Ireland/                                                           European foreign policy, which is
                                 could promote regional dialogue
  United Kingdom)                                                                     needed to develop sustainable non-
                                 as part of this effort. In addition to
Dr Jessica Tuchman Mathews                                                            proliferation approaches and reduce
                                 helping to remove political obstacles
  (United States)                                                                     the humanitarian harm caused by
                                 to Iranian–US diplomacy, improved
                                                                                      sanctions.
DIRECTOR
                                 relations among Middle Eastern
                                 states could, in the long term, pave
Dan Smith (United Kingdom)       the way for cooperative security                       53 Erästö, T., ‘The arms control–regional
                                                                                      security nexus in the Middle East’, EU Non-
                                 International Interactions, vol. 21, no. 3 (1995),   proliferation and Disarmament Papers No. 68,
                                 pp. 247–63.                                          Apr. 2020.

                                 ABOUT THE AUTHOR
                                 Dr Tytti Erästö (Finland) is a Senior Researcher in the SIPRI Nuclear Disarmament,
                                 Arms Control and Non-proliferation Programme. Her research focuses on nuclear arms
                                 control treaties and agreements. Previously, she has worked at the Ploughshares Fund,
                                 Washington, DC, the Vienna Center for Disarmament and Non-Proliferation, and
                                 Harvard University’s Belfer Center for Science and International Affairs.
Signalistgatan 9
SE-169 72 Solna, Sweden
Telephone: +46 8 655 97 00
Email: sipri@sipri.org
Internet: www.sipri.org                                                                                              © SIPRI 2020
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