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Fact check: Can the United States change the Iran nuclear deal?
Secretary of State Kerry shakes hands with Iranian Foreign Minister Zarif during talks for the JCPOA
December 1, 2016
By Paul Brennan
As a candidate, President-elect Donald Trump said dismantling the “disastrous” nuclear deal with Iran was his “number one priority.”[1] But speaking on Iranian state television following Trump’s victory, President Hassan Rouhani claimed that because it is a multinational deal “there is no possibility that it can be changed by a single government.”[2]
Is Rouhani correct?
No. U.S. withdrawal would materially change the terms and conditions of the deal, formally known as the Joint Comprehensive Plan of Action (JCPOA). The U.S. State Department has noted that an American withdrawal “would have profound consequences on the integrity of the agreement.”[3]
Background: the Joint Comprehensive Plan of Action
Following two years of negotiations, the framework for the JCPOA was finalized on July 14, 2015, by Iran, the United States, the United Kingdom, France, Germany, the Russian Federation, and the European Union.[4]
The deal is intended to restrict Iran’s use of nuclear power to civilian purposes and not military applications. It limits the amount of uranium and plutonium Iran can possess and manufacture, and requires that the country transform or close certain nuclear facilities. The International Atomic Energy Agency (IAEA) is responsible for monitoring Iran's nuclear program and investigating suspicious activity. In return, Iran has received access to an estimated $150 billion in accounts previously frozen under U.S. economic sanctions, as well as future sanctions relief from parties to the deal.[5]
On July 20, 2015, the United Nations Security Council voted unanimously in favor of a resolution endorsing the JCPOA, which also lifted UN sanctions on Iran related to its nuclear programs.[6] The resolution did not address any sanctions other than those that had been imposed by the UN and did not require member nations to take any actions.[7]
Donald Trump and the JCPOA
As a candidate for president, Donald Trump was consistently critical of the JCPOA.[8] He described it as “the worst deal ever negotiated,” and at various times pledged to “police that contract so tough they don't have a chance.”[9] [10] In a March 21, 2016, speech to the American Israel Public Affairs Policy Conference, Trump said, “My number one priority is to dismantle the disastrous deal with Iran.”[1]
The legal status of the JCPOA in the United States
The U.S. Constitution grants the president the authority to conduct the nation’s foreign policy, including entering into international agreements (other than treaties).[11] International treaties must be submitted to the Senate for ratification.[12]
The Case-Zablocki Act of 1972 governs how international agreements other than treaties are reported to Congress, and authorized the Secretary of State to determine the classification of various agreements.[13] [14]
State Department officials have told Congress that the JCPOA “is not a treaty or an executive agreement, and is not a signed document. The JCPOA reflects political commitments between Iran, the P5+1 (the United States, the United Kingdom, France, Germany, Russia, China) and the European Union.”[15]
Furthermore, according to the State Department, political commitments such as the JCPOA are not legally binding under U.S. law and are “not governed by international law and there are no applicable rules pertaining to compliance, modification, or withdrawal.” Instead, they are “promise[s] to honor” commitments made in an international document.[16] [12]
Consequences of U.S. withdrawal from the JCPOA
In reply to questions from reporters during the State Department’s daily press briefing on November 10, 2016, spokesman Michael Toner confirmed that any party can withdraw from the JCPOA. Toner also said that the withdrawal of any party “would have profound consequences on the integrity of the agreement.”[3]
The JCPOA contains on-going and future commitments that would be vacated by the U.S. withdrawing from the deal. For example, Iran’s compliance is predicated, in part, on a U.S. commitment to issue import licenses for Iranian foodstuffs and carpet, and allowing Iran to purchase commercial aircraft parts and related services from American companies. The U.S. is also committed to lifting sanctions prohibiting the sale of civilian nuclear technology to Iran in 2023, if Iran fulfills its commitments under the JCPOA.[17]
A U.S. withdrawal would not vacate the commitments made by other parties. However, the JCPOA would be fundamentally different without the U.S. participation. The text of the JCPOA does not address what happens if a party withdraws. Because the deal is a political commitment, rather than a binding legal agreement, the decision to remain a participating party is up to each country alone.
Conclusion
Donald Trump has vowed to withdraw the United States from the Iran nuclear deal upon taking office. In response, Iranian President Hassan Rouhani said the deal cannot be changed by any one government. That is incorrect. U.S. withdrawal would fundamentally change the terms and conditions of the Joint Comprehensive Plan of Action, although other parties could continue to abide by the provisions of the deal.
See also
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2025, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
Sources and Notes
- ↑ 1.0 1.1 Donald J. Trump for President, “Donald J. Trump’s Remarks at AIPAC,” March 21, 2016
- ↑ The Washington Post, “Iran nuclear deal could collapse under Trump,” November 9, 2016
- ↑ 3.0 3.1 U.S. Department of State, "Daily Press Briefing—November 10, 2016," November 10, 2016
- ↑ Ballotpedia, “Iran nuclear agreement: Timeline,” accessed November 17, 2016
- ↑ Ballotpedia, “Iran nuclear agreement: An overview,” accessed November 17, 2016
- ↑ The New York Times, "U.N. Moves to Lift Iran Sanctions After Nuclear Deal, Setting Up a Clash in Congress," July 20, 2015
- ↑ The New York Times, "Security Council Resolution on Sanctions Against Iran," July 20, 2015
- ↑ Ballotpedia, “2016 presidential candidates on the Iran nuclear deal,” accessed November 17, 2016
- ↑ Reuters, “Trump election puts Iran nuclear deal on shaky ground,” November 9, 2016
- ↑ Reuters, “Trump says he would 'police' U.S.-Iran deal, not rip it up,” August 16, 2015
- ↑ The authority of the president to negotiate and enter into international agreements other than treaties without the advice and consent of Congress has been affirmed by the U.S. Supreme Court, most recently in the case of American Insurance Association v. Garamendi. United States Supreme Court, “American Ins. Assn. v. Garamendi,” June 23, 2003
- ↑ 12.0 12.1 Congressional Research Service, “Treaties and Other International Agreements: The Role of the United States Senate,” January 2001
- ↑ U.S. Department of State, “The Case-Zablocki Act of August 22, 1972—1 USC 112b,” accessed November 17, 2016
- ↑ U.S. Department of State, “Foreign Affairs Manual - Chapter 700 Treaties and Other International Agreements,” accessed November 17, 2016
- ↑ U.S. Congressman Mike Pompeo, “Letter from Julia Frifield, Assistant Secretary of State for Legislative Affairs,” November 19, 2015
- ↑ U.S. Department of State, “International Documents of a Non-Legally Binding Character,” accessed November 17, 2016
- ↑ DocumentCloud, "Joint Comprehensive Plan of Action," July 14, 2015
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