As Sanctions On Iran Are Lifted, Many U.S. Business Restrictions Remain | KERA News

As Sanctions On Iran Are Lifted, Many U.S. Business Restrictions Remain

Jan 26, 2016
Originally published on January 27, 2016 6:32 pm

Iranian President Hassan Rouhani is on a goodwill tour through Italy and France this week, trying to drum up investment for his country's sanctions-battered economy.

But Iran still faces challenges that make it hard for companies to do business with Tehran.

In a move that was loudly celebrated in Iran, the United States and other countries earlier this month agreed to lift an economic embargo that had been imposed in 2012 in an effort to curb Iran's nuclear program.

The move means that companies in Europe, Asia and elsewhere are free to invest in and trade with Iran. And many seem interested in doing so.

"What we know is that there are many firms in Europe that are eager to enter into Iranian markets," says Nader Habibi, a professor of Middle East economics at Brandeis University. "There is no shortage of those. Many of them have already made initial trips to prepare the ground for partnership or investment in Iran."

But doing business in Iran presents special challenges, and the reasons have to do with U.S. policy.

While the U.S. government has agreed to lift the nuclear sanctions against Iran, it continues to impose other sanctions over Iran's human rights policies and support for terrorism. These sanctions bar American citizens and companies from most forms of investment or trade with the country.

In theory, those sanctions should affect only U.S. companies — but in reality, the law's reach goes well beyond U.S. borders, Habibi says.

The U.S. financial sanctions "can still cause some problems and make some of the European businesses and banks subject to U.S. economic punishment," he says.

The Treasury Department's Office of Financial Assets Control "has made it very clear that no payments linked to Iran may be processed through the U.S. financial system," says Julia Pfeil, senior associate at the Baker & McKenzie law firm in Frankfurt, Germany.

"So if you receive money from Iran as a bank or a company," she says, "you must make sure that this money does not then go to the U.S. or to a U.S. bank or to your U.S. subsidiary."

That means foreign financial institutions doing business in the United States — and almost any bank of any consequence has substantial U.S. operations — must somehow segregate any Iranian money they hold from their U.S. assets. That's difficult to do, Pfeil says. There's no easy way to isolate Iranian money from the rest of the bank's holdings.

"In a bank, you don't have separate financial streams," she says. "You have the money that goes more or less into a big pool. Of course, it is possible to find out which payment has gone where. But ultimately controlling so that, say, 20 euros that have come from Iran do not end up in the U.S. — that is a very big problem for banks."

Beyond this, says Jimmy Gurule, a former Treasury Department official who now teaches at Notre Dame Law School, "Foreign financial institutions need to be very careful [because], while they may not be running afoul of the nuclear sanctions because they've been lifted, doing business with Iran in a particular set of transactions may run afoul of the counterterrorism sanctions."

Foreign banks are especially nervous about violating U.S. sanctions laws because they have sometimes been hit with hefty fines for doing so. In 2014, France's largest bank, BNP Paribas, agreed to pay a $9 billion penalty for helping clients in Sudan, Cuba and Iran evade sanctions.

"So what we are hearing from Europe is that although European sanctions are lifted, the banks, especially major banks which transact with the United States, are very cautious," Habibi says.

Companies that want to do business in Iran have to first find banks that will work with them, Pfeil says. That means using small banks with no significant operations in the U.S. or even Iranian banks.

Still, Gurule believes the Iranian market will ultimately prove irresistible to some businesses.

"I think the economic incentive may just be too great an allure for the counterterrorism sanctions to have a chilling effect and prohibit them from doing business with Iran altogether," he says.

But these companies will first have to decide whether the allure of Iran is worth the risks they'll face when they do business there.

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AUDIE CORNISH, HOST:

The president of Iran, Hassan Rouhani, is on a good-will trip through Europe. Today, he's in Italy. He wants to rebuild trade ties with other countries now that economic sanctions linked to Iran's nuclear program have been lifted, but the country still faces some strict U.S. sanctions that limit its financial activities. NPR's Jim Zarroli reports on how those sanctions are complicating Iran's efforts.

JIM ZARROLI, BYLINE: Before leaving Iran this week, President Rouhani made clear that his country is open for business with Europe.

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HASSAN ROUHANI: (Through interpreter) We've had friendly relations with France and Italy in the past. We want to have a good relationship with them now as well.

ZARROLI: And plenty of companies are eager to take Iran up on its invitation. Even before Iran's nuclear sanctions were lifted, the country was seen as a huge potential market for Asian and European companies. Nader Habibi is a professor of economics at Brandeis University.

NADER HABIBI: There are many firms in Europe that are eager to enter into Iranian market. Many of them have already made initial trips to prepare the ground for partnerships or investment in Iran.

ZARROLI: Last year, Germany's foreign minister visited Tehran with a large delegation of business leaders, says Julia Pfeil, senior associate at the law firm Baker-McKenzie.

JULIA PFEIL: There's also been large trade conferences here in Germany, in Austria but also in Switzerland and the U.K where you could see high-profile members of the Iranian government and also high-ranking managers of European companies that were both very interested in doing business with each other.

ZARROLI: But Pfeil says it's not yet clear what all these conferences and delegations will lead to. The nuclear sections against Iran may have been lifted, but the U.S. government still has other sanctions in place that predate them, sanctions tied to Iran's human rights record and support for terrorism. Habibi says these sanctions have a reach that go far beyond U.S. borders.

HABIBI: Those sanctions can still cause some problems and make some of the European businesses and banks subject to U.S. economic punishment.

ZARROLI: Among other things, the U.S. Treasury Department says money from Iran may not be processed through the U.S. financial system. Again, Julia Pfeil.

PFEIL: So if you receive money from Iran as a bank or as a company, you must make sure that this money does not then go to the U.S., to a U.S. bank or to your U.S. subsidiary.

ZARROLI: Pfeil says this is a real problem for foreign banks since virtually all of them have large operations in the United States. There's no easy way to isolate Iranian money from the rest of the bank's holdings. The U.S. government has recently imposed big fines on foreign banks for sanctions violations. So Pfeil says companies that want to do business with Iran have to find banks willing to work with them, and that's not so easy.

PFEIL: So at this stage, we're not even discussing with clients whether or not they will be able to receive financing from a bank. At this stage, the main headache is how - if I deliver something to Iran, how does it - how do I get the payment from a customer.

ZARROLI: Pfeil says companies doing business in Iran will probably have to find small banks that don't have any U.S. operations. Jimmy Gurule, a former Treasury Department official who now teaches at Notre Dame Law School, says he thinks a lot of companies will ultimately decide to enter the Iranian market.

JIMMY GURULE: The economic incentive may just be too great an allure for the counterterrorism sanctions to have a chilling effect.

ZARROLI: But the U.S. sanctions represent a big hurdle for these companies, and it's not clear that allure will be enough to offset the risks they face. Jim Zarroli, NPR News, New York. Transcript provided by NPR, Copyright NPR.