For the second time during the Trump administration, the State Department has reportedly decided to certify that Iran is complying with its 2015 nuclear deal with the Security Council’s five permanent members and Germany, known formally as the Joint Comprehensive Plan of Action (JCPOA).
If true, it will be the administration’s second unforced error regarding the JCPOA. Over the past two years, considerable information detailing Tehran’s violations of the deal have become public, including: exceeding limits on uranium enrichment and production of heavy water; illicit efforts at international procurement of dual-use nuclear and missile technology; and obstructing international inspection efforts (which were insufficient to begin with).
Since international verification is fatally inadequate, and our own intelligence far from perfect, these violations undoubtedly only scratch the surface of the ayatollahs’ inexhaustible mendaciousness.
Certification is an unforced error because the applicable statute (the Iran Nuclear Agreement Review Act of 2015, or INARA) requires neither certifying Iranian compliance nor certifying Iranian noncompliance. Paula DeSutter and I previously explained that INARA requires merely that the Secretary of State (to whom President Obama delegated the task) “determine…whether [he] is able to certify” compliance (emphasis added). The secretary can satisfy the statute simply by “determining” that he is not prepared for now to certify compliance and that U.S. policy is under review.
Source: for MORE