Photo Credit: Menendez.senate.gov
New Jersey Sen. Bob Menendez (D)

“It is difficult to believe that the world’s greatest powers, the U.S., Great Britain, France, Russia, China, Germany and the European Union, sitting on one side of the table, and Iran sitting alone on the other side, staggering from sanctions and rocked by plummeting oil prices, could not have achieved some level of critical dismantlement.

“I believe we should have insisted on meeting the requirements we know are necessary to stop Iran from getting a nuclear weapon today and in ten years, or we should have been prepared to walk away.

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“I believe we could still get a better deal and here’s how: We can disapprove this agreement, without rejecting the entire agreement.

“We should direct the Administration to re-negotiate by authorizing the continuation of negotiations and the Joint Plan of Action – including Iran’s $700 million-a-month lifeline, which to date have accrued to Iran’s benefit to the tune of $10 billion, and pausing further reductions of purchases of Iranian oil and other sanctions pursuant to the original JPOA. I’m even willing to consider authorizing a sweetener – a one-time release of a predetermined amount of funds – as a good faith down payment on the negotiations.

“We can provide specific parameters for the Administration to guide their continued negotiations and ensure that a new agreement does not run afoul of Congress. A continuation of talks would allow the re-consideration of just a few, but a critical few issues, including:

“First, the immediate ratification by Iran of the Additional Protocol to ensure that we have a permanent international arrangement with Iran for access to suspect sites.

“Second, a ban on centrifuge R&D for the duration of the agreement to ensure that Iran won’t have the capacity to quickly breakout, just as the U.N. Security Council Resolution and sanctions snapback is off the table.

“Third, close the Fordow enrichment facility. The sole purpose of Fordow was to harden Iran’s nuclear program to a military attack. We need to close the facility and foreclose Iran’s future ability to use this facility. If Iran has nothing to hide they shouldn’t need to put it under a mountain.

“Fourth, the full resolution of the ‘possible military dimensions’ of Iran’s program. We need an arrangement that isn’t set up to whitewash this issue. Iran and the IAEA must resolve the issue before permanent sanctions relief, and failure of Iran to cooperate with a comprehensive review should result in automatic sanctions snapback.

“Fifth, extend the duration of the agreement. One of the single most concerning elements of the deal is its 10-15 year sunset of restrictions on Iran’s program, with off ramps starting after year eight. We were promised an agreement of significant duration and we got less than half of what we are looking for. Iran should have to comply for as long as they deceived the world’s position, so at least 20 years.

“And sixth, we need agreement now about what penalties will be collectively imposed by the P5+1 for Iranian violations, both small and midsized, as well as a clear statement as to the so-called grandfather clause in paragraph 37 of the JCPOA, to ensure that the U.S. position about not shielding contracts entered into legally upon re-imposition of sanctions is shared by our allies.

“At the same time we should: Extend the authorization of the Iran Sanctions Act which expires in 2016 to ensure that we have an effective snapback option; Consider licensing the strategic export of American oil to allied countries struggling with supply because Iranian oil remains off the market; Immediately implement the security measures offered to our partners in the Gulf Summit at Camp David, while preserving Israel’s qualitative military edge.


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Lori Lowenthal Marcus is a contributor to the JewishPress.com. A graduate of Harvard Law School, she previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: [email protected]