Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the legislation before us now, H.R. 1638, the Iranian Leadership Asset Transparency Act, represents what the Republican majority…
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the legislation before us now, H.R. 1638, the Iranian Leadership Asset Transparency Act, represents what the Republican majority has become very good at doing, advancing bad public policy while claiming to advance the public interest.
H.R. 1638, the Iranian Leadership Asset Transparency Act, would require the Secretary of the Treasury to report to Congress on the estimated total assets under direct or indirect control of certain senior Iranian leaders and other figures, along with a description of how these assets were acquired and are employed, regardless of whether such individuals are subject to U.S. sanctions.
Although increasing transparency into corrupt regimes is a laudable goal, H.R. 1638 works counter not only to its own stated objectives, but also U.S. national security interests.
First, the level of scrutiny that would be needed to produce a credible report would place a very real strain on the Treasury Department, diverting significant resources away from Treasury investigators who are tasked with targeting conduct that is actually sanctionable; implementing existing U.S. sanction programs; and uncovering illicit conduct across the globe, including, importantly, efforts to identify the web of business interests that continue to enable North Korea to evade U.S. and international sanctions.
In addition to diverting scarce and critical resources, the bill's required report will have little use as a compliance tool, given that the most important parts would be classified, undercutting the legislation's own stated objective to help make financial institutions' required compliance with remaining sanctions more easily understood.
In fact, the creation of such a list, which would not be tied to any prohibition or legal action, would more than likely create confusion among the Office of Foreign Assets Control's regulated public and also mislead companies to believe that the Treasury list replaces the due diligence efforts that they should otherwise be doing prior to engaging in business in Iran.
Moreover, because the report would be largely classified, the bill would do little to draw the Iranian public's attention to the corruption and unjust enrichment of their leaders, which is another stated purpose of the bill. In fact, any classified portion would inevitably be rejected by both the Iran regime and its people as U.S. propaganda, and a predictable attack on the country's government by the United States.
The true purpose of this legislation is to create reputational risk for companies that might seek to do legitimate business with Iran. For this reason, the bill would be a strategic mistake, as its report would undoubtedly be seized upon by Iran as an intentional effort to discourage international investment in Iran, which would be viewed by Iran and likely by the major world powers who joined us in the JCPOA as well as a violation of the expressed U.S. commitment under the nuclear deal not to interfere with the full realization of the relief provided to Iran under the accord.
When a nearly identical version of this bill was considered last Congress, the Obama White House threatened to veto the bill, stating that it would, ``endanger our ability to ensure Iran's nuclear program is and remains exclusively peaceful.''
Moreover, the Obama administration cautioned that the report called for in the bill would also compromise critical intelligence sources and methods. On that score, I would also note that the reporting requirement in the legislation calls for information about how sanctions evasion and illicit conduct is practiced, and potential countermeasures.
It seems far from prudent to give tips to our adversaries about how we learn about their misconduct and how we plan to respond. This legislation would have very limited practical utility, despite the huge diversion of resources it would take to produce. It also fails to meet its own stated objectives, including serving any usefulness as a compliance tool.
Finally, the measure would also likely have a negative impact on the continued viability of the nuclear deal, which is clearly a central objective. I am hard-pressed to think of a single piece of legislation that works so strongly against every single policy goal it claims to advance. Few issues are more important to global peace and security than preventing Iran from acquiring nuclear weapons. This bill would do nothing to advance that goal. In fact, if enacted, it could do grave damage to the important progress that has been made.
Mr. Chairman, I would urge my colleagues to join me in opposing this measure, and I reserve the balance of my time.
Mr. Chairman, I yield 5 minutes to the gentleman from Washington (Mr. Heck), who is a member of the Financial Services Committee and who is my friend.
Mr. Chairman, I yield 5 minutes to the gentleman from Oregon (Mr. Blumenauer), who is a longtime supporter of diplomacy with Iran and a strong supporter of the nuclear deal.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I would like the author of this bill, Mr. Poliquin, and perhaps the chairman of our committee, Mr. Hensarling, to answer the question that I am about to propose, and that is this: We have allies with us in this agreement. This is an agreement that was worked on for a long time. We have Russia, China, Germany, England, and France. What are our allies saying about our attempt to interfere with the agreement?
What are they saying about whether or not we can be trusted to live up to the commitments that we have made?
What are they saying about our attempts to add to, lengthen, and create new, really, what have become obstacles to peace?
I would ask my friends on the opposite side of the aisle, as they talk about targeting certain leaders--I don't know what leaders they are talking about--and wanting to know about their assets and where their assets came from and how they are being used, I ask my friends on the opposite side of the aisle: Are you willing to do that for certain leaders in our own country?
I just heard from one of the speakers, I believe it was Mr. Royce from California, who identified the worth of one of the supposed leaders. It seems to me that it did not nearly match the worth of many of those who are in our Cabinet and who are in higher places in our government. And I wonder what we are trying to do.
First, answer the question, if you will, about what our allies are saying. And secondly, answer the question about disclosure as it relates to those at the highest office in our country and those who are serving in the Cabinet.
Also, when you talk about money laundering, answer the question about the relationship between the leader of this country and Deutsche Bank, that is known as a money laundering bank, that is involved with the President of the United States.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, the gentleman from Maine (Mr. Poliquin) will give some information that I think is very important to understand how this bill would work.
The gentleman who just spoke said that this has nothing to do with the agreement. Then what is it you are adding to? What is it you are trying to change or make better? If it has nothing to do with the agreement, then why are we doing it?
I yield to the gentleman from Maine to respond to that description of what this bill is all about.
Reclaiming my time, I thank you for wanting to talk about something else, but I yielded to you to see if you could help me with information about what was stated that the gentleman who spoke before you said that this bill had nothing to do with the agreement.
Is the gentleman prepared to respond to the question that I have raised?
If you are going to talk about what this bill has to do with the agreement, when the gentleman said it has nothing to do with the agreement, then I yield to the gentleman from Maine.
Reclaiming my time, we know that there are individuals who are sanctionable in the deal.
What I thought you were attempting to do is to expand that and to identify more leaders and try and understand where the assets come from, what they use them for, whether or not they are involved in money laundering. But the gentleman said it had nothing to do with the deal.
Mr. Chairman, I reserve the balance of my time.
May I inquire as to how much time I have remaining.
Mr. Chairman, I have here a Statement of Administrative Policy from the previous President, where he advised us when this bill came before the House before that it would be vetoed by the administration.
I will read to you from one of the paragraphs in the veto message. He said, in addition: ``This bill's required public postings also may be perceived by Iran, and likely our Joint Comprehensive Plan of Action, JCPOA, partners as an attempt to undermine the fulfillment of our commitments, in turn, impacting the continued viability of this diplomatic arrangement that peacefully and verifiably prevents Iran from acquiring a nuclear weapon.''
If the JCPOA were to fail on that basis, it would remove the unprecedented constraints on and monitoring of Iran's nuclear program, lead to the unraveling of the international sanctions regime against Iran, and deal a devastating blow to the credibility of America's leadership and our commitments to our closest allies.
I think that is a very powerful statement. I do know that Iran is in compliance. We have a very strict and strong monitoring program, and they are in compliance.
So the questions become: If indeed they are in compliance, why would we interfere with the plan? Why would we jeopardize this plan that has been worked on with our strong allies in an attempt to try and find another way to say that Iran must be scrutinized?
Everything in this plan has to do with discontinuing the development of nuclear capability. I think we should respect the work that we have done with our allies and discontinue all of these attempts to undermine the deal that we have entered in with and caused our allies to distrust us.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I continue to reserve the balance of my time.
Mr. Chairman, I appreciate the information that is being shared by my colleague, Mr. Poliquin. I am going to yield more time to him to explain to me: The missiles that he is describing in Iran, that are not a part of the deal, of the plan, are they similar to the missiles that are being fired with nuclear warheads from North Korea.
Mr. Chairman, I said: The missiles that he is referring to, that he is concerned about with Iran, that are not a part of the plan, are they similar to the ballistic missiles that are being fired from North Korea with nuclear warheads possibly on them?
Are they more dangerous than the missiles from North Korea?
Mr. Chairman, may I inquire as to how much time I have remaining?
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I include in the Record a statement from J Street that is in opposition to this legislation.
J Street,
December 12, 2017.
Members of the U.S. House of Representatives,
Washington, DC.
Dear Members of Congress: J Street urges Members to oppose
H.R. 1638 and H.R. 4324, which would undermine or violate the
Joint Comprehensive Plan of Action (JCPOA) on Iran's nuclear
activities.
J Street again urges Members to oppose the ``Iranian
Leadership Asset Transparency Act'' (H.R. 1638). As we noted
in our statement opposing the bill when it was introduced
last year, it risks harming the U.S. Government's ability to
ensure Iranian and third party compliance with the agreement
and to counter Iran's dangerous non-nuclear behavior by
redirecting and tying up the very USG personnel and resources
charged with those tasks.
J Street also urges Members to oppose the so-called
``Strengthening Oversight of Iran's Access to Finance Act''
(H.R. 4324), which is clearly intended to lead to a U.S.
violation of the JCPOA.
This bill would impose additional certification
requirements on the administration in order to carry out
current U.S. obligations related to commercial aircraft sales
under the JCPOA. These new obligations require the
administration to certify that Iran is not engaged in certain
non-nuclear activity, or issue a national security waiver
saying they'll allow the planes to be sold anyway. In other
words, it imposes new, unilateral terms for continuation of
the JCPOA that are unrelated to Iran's nuclear conduct.
It has been widely reported in connection with the
president's recent refusal to make the necessary
certification to Congress under the Iran Nuclear Agreement
Review Act that the president resents having to undertake
official actions to keep the United States in compliance with
the JCPOA. Proponents of this legislation clearly hope to
make use of the president's apparent resistance to taking
such steps by adding a new certification requirement that
they hope he will also fail to meet--thereby blocking the
sale of commercial aircraft and forcing a U.S. violation of
the agreement.
Anyone doubting that this is the point of the bill need
look no further than the first finding, which makes clear
that this bill is a gratuitously anti-Obama, anti-JCPOA
vehicle, and not a serious.
Mr. Chairman, I also include in the Record a Statement of Administration Policy from the previous Obama administration, which I read a paragraph from.
Statement of Administration Policy
H.R. 5461--Iranian Leadership Asset Transparency Act
The Administration shares the Congress' goals of increasing
transparency and bringing Iran into compliance with
international standards in the global fight against terror
finance and money laundering. However, this bill would be
counterproductive toward those shared goals.
The bill requires the U.S. Government to publicly report
all assets held by some of Iran's highest leaders and to
describe how these assets are acquired and used. Rather than
preventing terrorist financing and money laundering, this
bill would incentivize those involved to make their financial
dealings less transparent and create a disincentive for
Iran's banking sector to demonstrate transparency. These
onerous reporting requirements also would take critical
resources away from the U.S. Department of the Treasury's
important work to identify Iranian entities engaged in
sanctionable conduct. Producing this information could also
compromise intelligence sources and methods.
One of our best tools for impeding destabilizing Iranian
activities has been to identify Iranian companies that are
controlled by the Islamic Revolutionary Guards Corps (IRGC)
or other Iranians on the list of Specially Designated
Nationals and Blocked Persons (SDN List) to non-U.S.
businesses, so that they can block assets or stop material
transfers. This process is labor-intensive and requires the
judicious use of our national intelligence assets.
Redirecting these assets to preparing this onerous public
report would be counterproductive and will not reduce
institutional corruption or promote transparency within
Iran's system.
In addition, this bill's required public postings also may
be perceived by Iran and likely our Joint Comprehensive Plan
of Action (JCPOA) partners as an attempt to undermine the
fulfilment of our commitments, in turn impacting the
continued viability of this diplomatic arrangement that
peacefully and verifiably prevents Iran from acquiring a
nuclear weapon. If the JCPOA were to fail on that basis, it
would remove the unprecedented constraints on and monitoring
of Iran's nuclear program, lead to the unraveling of the
international sanctions regime against Iran, and deal a
devastating blow to the credibility of America's leadership
and our commitments to our closest allies.
As we address our concerns with Iran's nuclear program
through implementation of the JCPOA, the Administration
remains clear-eyed regarding Iran's support for terrorism,
its ballistic missile program, human rights abuses, and
destabilizing activity in the region. The United States
should retain all of the tools needed to counter this
activity, ranging from powerful sanctions to our efforts to
disrupt and interdict illicit shipments of weapons and
proliferation-sensitive technologies. This bill would
adversely affect the U.S. Government's ability to wield these
tools, would undermine the very goals it purports to achieve,
and could even endanger our ability to ensure that Iran's
nuclear program is and remains exclusively peaceful.
If the President were presented with H.R. 5461, his senior
advisors would recommend that he veto this bill.
Mr. Chairman, we are opposed to this bill not because we are not concerned about the security of our country and security of our allies in the Middle East. The Members on the opposite side of the aisle don't care any more than we care, but we respect when our leadership and our country gets involved and negotiates with another country, such as they have done with Iran, and they come to some agreements. We would like our country to live up to the agreement.
When we have included in that agreement a description of the monitoring that will be done, and when that monitoring is being carried out, and when it is represented to us by those that we have in charge of that monitoring that that country, Iran, is in compliance, we believe them. And when we trust our negotiators, when we trust our country, when we trust our leadership, and Iran is in compliance, there is no reason to try and undo the deal. There is no reason to come behind the agreement and what has been negotiated and begin to think of ways that they believe we ought to expand that agreement. We could, in the Congress of the United States, come up with a new idea every day. With all of the Members of this House, with all of the different thoughts and, possibly, ideas, and everybody thinking they are smarter than everybody else, we could come up with all kinds of plans to interfere with that agreement.
But I would advise the Members of this House and the Members on the opposite side of the aisle that they do not need to do this. This is a bad idea. I would advise them to put faith in the negotiations that have gone on and to accept the representations about compliance that we are being given. We are being assured that not only is the monitoring taking place, but Iran is in compliance.
So, again, I am so worried about our role in this country today and the fact that our leadership is being diminished day by day because of the way that our President and the White House is handling our relationships with other countries. As a matter of fact, we see a President that is endangering us and destroying relationships constantly.
I mention that we have in this deal Russia, China, Germany, England, and France. I asked the question: What are our allies in this agreement saying about our attempts to interfere with the agreement? Do they agree with them? Are they consulted? Are they unhappy about what is being done?
I suppose they could do the same in their countries every day. They could come up with new ways to interfere with the agreement. They could begin to ask questions about us and why we are doing what we are doing. They could even ask questions about why are we concerned about the assets of those who are not sanctionable when we are not concerned about the assets of our own President.
Mr. Chairman, this is Mr. Poliquin's bill. He wants to know about the assets of leaders in Iran.
Has he seen his President's tax returns? Does he know about his assets? Does he know about where they have come from? Does he know about how they are utilized?
I don't think so.
So I think it is very, very important for us to do everything that we can to have our allies trust us, to live up to the deals that we make, not to ask more of others than we are willing to do ourselves, no.
We are not sponsors of terrorism. We are a people who have always tried to avoid war. Unfortunately, we have engaged in it, and we know that it is not the best answer to trying to deal with the problems that we encounter around the world. I do believe that we honestly try to avoid war and that we work for peace.
This is working for peace, and peace in the Middle East is one of the most important goals that we should have. I see the opportunities for that eroding every day.
So I would ask Mr. Poliquin to think about what he is doing. I believe that his intentions are good, but I think it is a bad bill.
Mr. Chairman, I ask for a ``no'' vote on this bill. It is not needed. I think it creates problems with our allies, and they begin to wonder whether or not they can trust us. We are an honorable people and we are leaders in the world, even though it is being questioned more and more.
Mr. Chairman, I ask Members to vote ``no'' on this bill, and I yield back the balance of my time.