“In addition to negotiating a bad deal that caves to Iranian bullies and serial nuclear cheaters, the administration presented Congress with an incomplete copy of the agreement that fails to provide the full text of the secret side deals between Iran and the IAEA and is missing the signatures of all of the members of the P5+1 and Iran. These signatures are not just a mere formality. They serve as a crucial representation of each country’s commitment to upholding the terms of the agreement.” From the office of U.S. Representative Mike Pompeo, a Republican who represents the Kansas fourth district.
Pompeo Questions Whether Iran Deal is Signed by Iran or P5+1
Sends letter to Secretary Kerry requesting final signed copy of JCPOA be provided to Congress
WASHINGTON, D.C. – Congressman Mike Pompeo (R-KS) today sent a letter to Secretary of State John Kerry regarding the incomplete copy of the Joint Comprehensive Plan of Action (JCPOA) that was provided to Congress. The document provided is completely unsigned. None of the members of the P5+1 nor any Iranian leaders have executed the copy of the agreement provided to Congress. In the letter, Pompeo calls on Kerry to provide Congress with a final version of the agreement that includes each party’s signature, that confirms each country’s commitment to the agreement and “makes clear precisely who the parties to the agreement are and the authority under which that nation entered into the agreement.”Pompeo said: “In addition to negotiating a bad deal that caves to Iranian bullies and serial nuclear cheaters, the administration presented Congress with an incomplete copy of the agreement that fails to provide the full text of the secret side deals between Iran and the IAEA and is missing the signatures of all of the members of the P5+1 and Iran. These signatures are not just a mere formality. They serve as a crucial representation of each country’s commitment to upholding the terms of the agreement. While I would like to believe this was simply an oversight, it is likely yet another case of the Obama administration acting like a lazy student turning in unfinished homework without even putting a name on it.
“These concerns are only heightened by the complete contradiction between Secretary Kerry’s continued defense of the agreement with statements by Iranians that express their blatant intent to disregard the terms of the deal. Unsigned, it is hard to tell if this document is anything more than just words on paper and just about as enforceable. We must demand that Congress be given a complete and signed copy of the agreement so that we can verify that Iran has bound itself to its requirements under this deal.”
The full text of the letter is below:
September 18, 2015
The Honorable John Kerry
Secretary of State
United States Department of State
2201 C Street, NW
Washington, DC 20520
Dear Secretary Kerry:
I have reviewed the Joint Comprehensive Plan of Action (JCPOA) between the P5+1 and Islamic Republic of Iran – or at least the parts of the agreement that were provided to Congress by the administration. As you know, pursuant to H. Res. 411, the House of Representatives considers the documents transmitted on July 19, 2015 incomplete in light of the fact that the secret side deals between the International Atomic Energy Agency (IAEA) and the Islamic Republic of Iran were not provided to Congress. I look forward to seeing the entire agreement — including the two secret side deals that are part of the JCPOA — so that Congress may continue to evaluate the JCPOA and, depending on the outcome of the vote under the relevant provisions of the Iran Nuclear Agreement Review Act, potentially end the current and continuing prohibition of the lifting of sanctions on Iran.
During that review, I found that the copies provided to Congress of the JCPOA are not signed by any of the P5+1 members nor by Iran. Having never seen an international agreement of this magnitude not signed by the parties or an agent of the parties, I assume this is simply an oversight or an administrative error. That is, Congress must not have the final version of the agreement that would necessarily be signed. I request that you provide us with copies of a final, executed copy of the JCPOA. In the event that the JCPOA has not yet been signed by the parties, please inform us (a) when signatures will be placed on the agreement, (b) what parties will be signing, and (c) which person you anticipate will sign on behalf of each of those parties, including on behalf of the United States.
I am confident that you intended for the JCPOA to be signed by each of the P5+1 participants. I can find no international agreement of this “historic” nature that was not signed by the parties. Each of the past five major nuclear agreements to which the U.S. is a party – SALT I, SALT II, START I, START II and the 1994 Agreed Framework between the United States and the Democratic People’s Republic of Korea — were signed by representatives of each nation that was party to the agreement. This is not a mere formality. Those signatures represent the commitment of the signatory and the country on whose behalf he or she is signing.
A signature also serves to make clear precisely who the parties to the agreement are and the authority under which that nation entered into the agreement. In short, just as with any legal instrument, signing matters.
This is particularly important with respect to JCPOA. Iranian President Hassan Rouhani has made clear that he does not believe that JCPOA is legally binding on his nation, saying, “If the Joint Comprehensive Plan of Action is sent to (and passed by) parliament, it will create an obligation for the government. It will mean the president, who has not signed it so far, will have to sign it. Why should we place an unnecessary legal restriction on the Iranian people?”
Given the many benefits that will accrue to the ayatollahs, the Iranian Revolutionary Guard Corps, and other unsavory elements of the Iranian regime, I believe that Iran should, at the very least, bind itself to the few requirements placed on it under the JCPOA by signing the agreement. I also believe that the United States and its P5+1 partners on the JCPOA should execute the agreement on behalf of their countries. I look forward to your response.