President's Decertification Of The JCPOA And Its Implications

October 16, 2017 – On October 13, 2017, President Trump announced that he will not certify the Iran nuclear deal (the Joint Comprehensive Plan of Action, or "JCPOA"). While his decision has no immediate consequences, it creates a climate of uncertainty.

Shifting Responsibility to Congress

The obligation to certify every 90 days that the Iranians are in compliance with the JCPOA and that the deal remains in the vital national security interests of the United States is not a requirement of the JCPOA.  Rather, it is a requirement under the Iran Nuclear Agreement Review Act ("INARA") passed by Congress in 2015.  The decision to decertify triggers a 60 day fast-track process under which Congress can (but is not required to) re-impose sanctions on Iran. In his statement, however, the President indicated he would seek to work with Congress and U.S. allies to address perceived flaws in the JCPOA, and the Administration itself is not expected to seek a re-imposition