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With Sanctions Against Iran, Congress Should Defer to the President

Posted: 02/25/10 12:07 PM ET

Congress is trying to assume control of US policy toward Iran by legislating severe trade sanctions. Nothing would be more damaging to US policy.

For the first time in three decades a President has forged an intelligent, transparent and multifaceted strategy for dealing with Iran. Unlike past policies, this calibrated confrontation using sticks mixed with dangling carrots has widespread international support. Ironically, it may be Congress, not China, which derails effective US sanctions.

The Senate and House bills now in conference committee would require the President to embargo all refined petroleum products imported into Iran. But these restrictions actually penalize any US or foreign company that sells or transports gasoline or home heating oil to Iran. Because these would require a substantial investment of US intelligence, interdiction and military resources to implement they are unrealistic. Moreover, they will cost the US the international support so critical to any sanctions success.

Recent sanctions episodes show that such excessively punitive sanctions usually fail. Truly smart sanctions do not simply damage and enrage the target. They also provide a roadmap that re-engages it with the international community on the issues which have created the crisis. Obama's second diplomatic track to discuss an exchange of nuclear fuel with Iran complements well Treasury's new round of sanctions. Congress can never wield this kind of versatility and timeliness.

Congressional legislation is particularly ill-suited to the nimble mix of measures needed to prompt nuclear restraint in Iran. Past successes in the Ukraine, South Africa and Libya illustrate that only an astute use of narrowly targeted sanctions on those most responsible for nuclear development combined with new security guarantees and a versatile array of economic incentives lead countries to denuclearize. The challenge in these situations was not increasing the severity of sanctions. If Congress wants to advance US goals, it might work on the larger set of incentives needed to seal a future nuclear deal.

Many Senate and House members believe that imposing devastating sanctions against the Iranian government and the Islamic Revolutionary Guard Corps will increase the Iranian opposition movement's success. But sanctions have never toppled a rights-violating government. Sanctions improve the human rights behavior of leaders only when the imposing nation severely curtails its own extensive bilateral aid, trade, investment, and banking with the target. This is the sanctions paradox: they are much more effective against economically interdependent friends than already ostracized enemies.

If Congressional sanctions were passed, these measures will drive a jack-hammer through the Iranian economy when a scalpel is needed to change the behavior of Iranian elites. Of all times when the US does not need to impose new hardships on the Iranian people it certainly is not now when the new opposition movement is still forming its own agenda against the regime.

The South African case reminds us that outsiders should not impose crippling embargoes unless and until the leadership of the opposition movement calls for them. Then these sanctioners should act firmly and quickly. This is beginning to occur among Iranians, as figures like Shirin Ebadi call for political sanctions, not crippling economic ones, in response to Tehran's human rights abuses. The President, not Congress, is best positioned to adapt and readjust targeted sanctions accordingly. And the Administration is becoming increasingly focused on the human rights dimensions of its carrots and sticks.

This situation parallels what the Clinton Administration faced in 1995 in the Conoco Deal. Then some US companies were exploring a thaw in Iranian business outreach. Congress, driven by some of the same lobbying groups that push current legislation, reacted by preparing strong sanctions measures. The prospect of Congressional sanctions setting US policy pushed Clinton to pre-empt the legislation by blocking the Conoco Oil company's pending $1 billion deal with Tehran. In hindsight, such business dealings that increased positive cooperation between Tehran and Washington, as monitored by the Administration, may have put US-Iranian relations on a better course than we now face.

If Congress wants to enhance US strategic objectives like ending Iran's weapons program and its human rights abuses, then it must provide the President with sanctions flexibility. In particular, Congress must make a significant procedural change in the legislation being discussed in conference committee. They should revise the Senate version requiring that the President impose petroleum sanctions in favor of authorizing the President to enact such restrictions at his discretion. This will maximize the President's sanctions leverage.

By George A. Lopez

George A. Lopez holds the Hesburgh Chair in Peace Studies at the Kroc Institute, University of Notre Dame. In 2009-10 he is a Jennings Randolph Senior Fellow at the United States Institute of Peace where he is writing a book on the future of economic sanctions. The views expressed here are his alone and not those of USIP.

 

Follow George A. Lopez on Twitter: www.twitter.com/peaceguy09

Congress is trying to assume control of US policy toward Iran by legislating severe trade sanctions. Nothing would be more damaging to US policy. For the first time in three decades a President has ...
Congress is trying to assume control of US policy toward Iran by legislating severe trade sanctions. Nothing would be more damaging to US policy. For the first time in three decades a President has ...
 
 
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07:22 PM on 02/26/2010
Although, in general I don't disagree with the premise that the president must have flexibility in foreign policy, the author misses the point on two levels. One is diplomacy both on legislative and executive branches of the US government with regards to Iran is meant how "crippling" sanctions should be v.s. out right military attack. So there is no real diplomacy ever going on. On the second level for anyone who knows anything about nuclear proliferation, this has nothing to do with it. Iran's problem is about Israel and cutting support for Hamas and Hizbullah. This article doesn't even mention Israel once in the whole text. The new Iran sanction was authored by AIPAC, they boast about it. It passed the US senate by voice vote and almost unanimously the house (except very few on the left and very few on the libertarian wing of republican party). The media has done such a good job obfuscating this that 70% of Americans already believe Iran posses nuclear weapons. A much better article about the whole thing, written by Ray McGovern can be read here:

http://www.consortiumnews.com/2010/022610b.html
HUFFPOST SUPER USER
robbcoffee
12:57 PM on 02/26/2010
These politicians know better than to use trade sanctions, making it almost criminal the pain they will cause Iranian civilians.
But all they care about is votes, and much of the American public- who don't know any better, sadly- are going to see it as "getting tough on Iran" and will cheer it on.

If there's anything other than military action that will help to reconcile Iranian citizens with their authoritarian government, it's trade sanctions. We've seen all this before.
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HUFFPOST SUPER USER
muck-raker
give me liberty or give me death
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HUFFPOST SUPER USER
AGP
07:46 AM on 02/26/2010
10. The Soviet Union was a highly developed nuclear power close to parity with the United States in bombs, missiles and weapons, the last time I checked that is not the case with Iran.

In summary, although a serious problem, this situation with Iran is not even close to being analogous to the Cuban Missile Crisis. Dr. Alan G. Phillips
Bloomington, IL
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HUFFPOST SUPER USER
AGP
07:45 AM on 02/26/2010
George, Our Secretary of State needs a Contemporary History Book, she feels Iran is comparable to the Cuban Missle crisis.

Here are ten major differences,

1. The President met with a serious committee, excom-executive Committee of the National Security Council- several times.

2. The public phases of President Kennedy's negotiations with the Soviets included a public warning on prime time that any missile launched at the United States would be taken as an act by the Soviet Union against the United States demanding a full retaliatory response by the U.S. on the Soviet Union,

3. There were missiles and nuclear warheads already on the island of Cuba being supplemented daily by the Soviet Union to their satellite state,

4. A full fledged quarantine (blockade) was imposed on Cuba and manned by the United State Navy supported by the entire military establishment,

5. Our ambassador confronted the Soviets and the world through a thorough presentation with pictures an indisputable evidence of the missiles and their offensive intent,

6. The President communicated by wire directly with the Chairman of the Soviet Union, on many occasions,

7. Over flights and surveillance of the island of Cuba were constant by the U.S, military,

8. The U.S. military was mobilized and prepared for invasion from southern states like Florida,

9. Third part intermediaries were employed by the U.S. in the negotiation process with their Soviet counterparts,
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HUFFPOST SUPER USER
muck-raker
give me liberty or give me death
07:04 AM on 02/26/2010
It is now time for the USA to look at Iran NOT THRU ISRAELS EYES and use more carrot and less stick
05:42 AM on 02/26/2010
"Congress is trying to assume control of US policy toward Iran by legislating severe trade sanctions. Nothing would be more damaging to US policy."

great blog thank you for posting . . . congress is marching to the aipac drum beats . . . no surprises . . not awards for peace there . . .

sanctions never work . . they only hurt the very people that our congress says they are trying to protect .. dialogue is necessary not punitive sanctions . . that will not help the Iranian protesters . . .

sanctions should be placed on israel . . but congress cannot see beyond its own prejudices . . . and lobbyist friends . . .
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HUFFPOST SUPER USER
muck-raker
give me liberty or give me death
06:58 AM on 02/26/2010
Macready......fanned
This user has chosen to opt out of the Badges program
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05:32 AM on 02/26/2010
The nice thing about Chenny and Bush creating an imperial presidency is Obama can just veto the bill, give it a pocket veto or even add a signing statement that says he won't do it. That is Obama does not have to actually embargo anything.

As the presidency is now defined, Obama can tell Congress to just go pound sand when it comes to international policy because the constitutional power of the president has been enhanced by congress giving up what little power they had (declare war or pay for things).

If Obama just ignore congress, what can they do other than whine? Are they going to defund the state department? Are they going to add money to the defense budget to bomb Iran? Even if they did, the Commander in Chief can just move those funds to some place else in the defense department - this is done all the time.
07:17 PM on 02/25/2010
"The South African case reminds us that outsiders should not impose crippling embargoes unless and until the leadership of the opposition movement calls for them."

Thank you for bringing this point up. Congress is tripping over itself to score political points and they don't really care about the opposition- being on record as voting against Iran scores points even if it means helping that government out in the long run. Ebadi's change on limited, narrow sanctions is significant, but still a minority position within the opposition movement.
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George A. Lopez
07:55 PM on 02/25/2010
yes, thanks for this. GL
06:42 PM on 02/25/2010
like this corporate Dictator who refuses to stand up for the PEOPLE of America, who some how got into the presidency without a Birth Certificate needs

MORE POWER
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HUFFPOST SUPER USER
alimostofi
Astrologer, Commentator
01:26 PM on 02/25/2010
George Lopez states:
"This is beginning to occur among Iranians, as figures like Shirin Ebadi call for political sanctions, not crippling economic ones, in response to Tehran's human rights abuses."

Do you know that her husband was an advisor to Khatami?

The people of Iran have been under mullah sanctions since 12th Feb 1979, and some people within the mullahs, like Khatami and his advisor had preferential treatment because they were "holier than thou", and definitely put Islam above Iran.

It is about time that, as Kruz states, we tell the companies trading with the mullahs and the US, "make a choice".
07:28 PM on 02/26/2010
Is there any particular reason why you hate Iran and Iranians so much?