Congress Could Block Donald Trump’s Iran MOU Sanctions Waivers Under INARA

President Donald Trump formally signed a memorandum of understanding (MOU) with Iran at the Palace of Versailles on Wednesday, on the sidelines of the G-7 summit in France, and a senior U.S. official disclosed the full text ahead of the ceremony.

“President Donald Trump on Wednesday formally signed a memorandum of understanding (MOU) with Iran.”

The Free Press

The MOU states that the United States pledges “immediately” to “issue waivers for the export of Iranian crude oil, petroleum products and derivatives, and all associated services, including banking transactions, insurances, transportation, etc.”

Al Jazeera

The Free Press reported that the president lacks the authority under domestic law to waive these sanctions because the Iran Nuclear Agreement Review Act (INARA) of 2015 temporarily bars a president from doing just that.

The Free Press added that INARA “temporarily bars a president from doing just that,” and said the executive branch has counterarguments while “it’s doubtful that any institution will make the president comply.”

Just Security argued that INARA mandates that for about 35 days Trump is prohibited from providing the immediate sanctions relief promised in the MoU, corresponding to a transmittal and congressional review period. J

Lawmakers and pro-Israel groups issued calls for Trump to seek congressional review of the Iran memorandum of understanding, citing the Iran Nuclear Agreement Review Act (INARA) as a precedent.

Al Jazeera quoted Sen. Lindsey Graham writing, “Under our law, any nuclear deal with Iran will be sent to Congress for review and a vote. I look forward to reviewing the final product.”

Algemeiner

Al Jazeera said INARA requires the president to submit the text of any agreement he strikes with Iran to Congress within five days, triggering a 30-day approval period in which Congress can pass a joint resolution of disapproval.

The article also quoted the law’s restriction that during the congressional review period the president “may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions with respect to Iran.”

The Dispatch reported that on Tuesday Trump had still not shared the text of his Iran deal with members of Congress, including Senate Majority Leader John Thune and close Trump ally Tom Cotton, while Trump said he would submit the deal for legislative approval.

Multiple outlets framed the next phase as a test of whether the memorandum’s sanctions relief and nuclear commitments will be constrained by INARA’s review and veto mechanics.

“INARA creates requirements for any agreement between the US and Iran “related to the nuclear program of Iran””

Al Jazeera

Al Jazeera said INARA applies to any agreement between the US and Iran “related to the nuclear program of Iran”, no matter “the form it takes,” and described how a joint resolution of disapproval would require a two-third majority from both chambers to override a veto.

Just Security argued that the “threshold problem” is that INARA “mandates that for about 35 days Trump is prohibited from providing the immediate sanctions relief promised in the MoU,” and said those 35 days correspond to a transmittal and congressional review period.J

The Free Press said INARA was enacted with broad bipartisan support to force congressional review of nuclear deals and to bar a president from providing Iran with certain sanctions relief during the review window.

Al Jazeera also described the memorandum’s immediate substance as opening the Strait of Hormuz, lifting the U.S. blockade on Iran’s ports, halting fighting on all fronts, including in Lebanon, and immediately lifting U.S. sanctions on Iran’s fossil fuel industry.