As the EU sanctions have struggled: blocking the law will apply for JCPOA

© RIA Novosti / Alexei Vitvitskiy fotobanka in the EU. Archival photoAs the EU sanctions have struggled: blocking the law will apply for JCPOA© RIA Novosti / Alexei Vitvitskiy the image Bank

The EU plans as protective measures from the effects of unilateral U.S. sanctions against Iran Friday to start the application of the provisions of the «blocking order» which forbids European companies to comply with these restrictive measures, and allows to recognize the relevant extraterritorial judicial decisions.

The first such EU measures applied in 1996, protecting its interests in Cuba from the us sanctions. In addition, the provisions of the «blocking orders» were distributed in respect of adopted US in the same year, sanctions against Iran and Libya.

Raised the archives

A document dated 22 November 1996 the long title — «protection from the effects of the extraterritorial application of legislation adopted by a third country, and actions based on it or derived from it.» It was compiled in such a way that allows the Executive bodies of the EU «to add or delete laws from the Annex to the rules.» Due to this, the judgment may be involved and in the case of new US sanctions against Iran, which can be restored after the exit of Washington from the joint comprehensive plan of action (SVPD).

European Commission President Jean-Claude Juncker said Thursday that the procedure of application of provisions aimed at neutralizing the extraterritorial effects of the sanctions, will be launched on Friday 10.30 am (11.30 GMT).

The wording by EU officials over 20 years ago in support of the document, are as relevant as ever: «whereas, the laws of the third country and aimed at regulating the activities of natural and legal persons under the jurisdiction of a member state of the EU, because of its extraterritorial application violates international law…»

The document obliges legal entity or physical person, registered on the territory of the EU within 30 days to inform the authorities if their «economic or financial interests were affected directly or indirectly» as a result of sanctions.

To break can not be punished

The fourth article of the resolution States that «no court or administrative authority located outside the community, directly or indirectly, applying the laws listed in the Appendix,… not recognised and not enforceable in any way».

None of the person mentioned in the document, «must not, whether directly or through a subsidiary or other intermediary person, actively or intentionally, any requirement or prohibition, including requests of foreign courts based on the laws specified in the application.»

The resolution also provides for punishment for the implementation of those sanctions. According to the ninth article, «each state party shall determine sanctions in case of violation of the relevant provisions», and «such sanctions should be effective and proportional».

Thus, the EU hopes to protect the interests of European economic operators, cooperating with the Iranian side. If this measure works, cooperation in the field of trade and Finance will continue, and Iran will get an indirect guarantee that under the nuclear agreement, the economic benefits may be protected from the effects of us sanctions.

The US President Donald trump on may 8 announced the release of the historic multilateral agreement with Iran on its nuclear program. The deal, also known as the «Joint comprehensive plan of action» (SVPD), was achieved by Iran and the «six» of international mediators — China, France, Germany, Russia, Britain and the United States together with the EU High representative for foreign Affairs and security policy — in 2015, after years of difficult negotiations.

In exchange for the lifting of sanctions, Iran agreed to significant concessions, agreeing to put full control of its nuclear programme, confirming that under no circumstances will not seek to obtain, develop or acquire any nuclear weapons. With the release of the agreement the United States restore all sanctions against Iran including secondary (in relation to other countries doing business with Iran), which was suspended in the framework AGREEMENT.