The Executive Agreement with Iran: What You Need to Know

On July 14, 2015, Iran and six world powers (the United States, France, Germany, Russia, China, and the United Kingdom) reached a historic agreement regarding Iran`s nuclear program. This agreement, officially known as the Joint Comprehensive Plan of Action (JCPOA), lifted most international sanctions on Iran in exchange for restrictions and monitoring of its nuclear program. However, the agreement was not a treaty and was not ratified by the United States Congress. Instead, it was an executive agreement between the U.S. president and the other parties to the agreement.

What is an executive agreement?

An executive agreement is a legally binding agreement between the U.S. president and a foreign government that does not require Senate approval. This type of agreement can be used for a variety of purposes, such as trade agreements, arms control agreements, and environmental agreements. Executive agreements do not have the same level of legal authority as treaties, which require Senate approval and become part of U.S. law.

Why was the JCPOA an executive agreement?

The JCPOA was negotiated and signed by the U.S. president, but it was not submitted to the Senate for approval as a treaty. This was because the Obama administration believed that the agreement did not rise to the level of a treaty, as it did not create binding legal obligations on the United States. Instead, the agreement was seen as a political commitment by the U.S. government to lift certain sanctions on Iran in exchange for restrictions on its nuclear program. Therefore, the Obama administration decided to treat the JCPOA as an executive agreement, which did not require Senate approval.

What were the implications of the JCPOA being an executive agreement?

The fact that the JCPOA was an executive agreement rather than a treaty was controversial. Critics argued that the agreement should have been submitted to the Senate for approval, as it involved major foreign policy decisions and the lifting of significant sanctions. Some members of Congress even argued that the agreement was unconstitutional because it was not submitted to the Senate. However, the Obama administration defended the agreement as a valid use of executive authority and argued that it was necessary to prevent Iran from obtaining a nuclear weapon.

What happened to the JCPOA after the Trump administration took office?

In May 2018, the Trump administration announced that the United States would withdraw from the JCPOA and reimpose sanctions on Iran. The administration argued that the agreement was flawed and did not do enough to prevent Iran from obtaining a nuclear weapon. However, the other parties to the agreement (France, Germany, the United Kingdom, China, and Russia) have continued to support it and have tried to keep it alive despite U.S. opposition.

In conclusion, the JCPOA was a significant agreement that lifted most international sanctions on Iran in exchange for restrictions and monitoring of its nuclear program. However, the fact that it was an executive agreement rather than a treaty was controversial and led to criticism from some members of Congress. The future of the agreement is uncertain, but it remains an important piece of recent diplomatic history.