A. Financial and Banking-related Sanctions

Commitment:

Section 4.1 of Annex II and section 17.1 of Annex V of the JCPOA provide for the lifting, on
Implementation Day, of secondary sanctions that apply to non-U.S. persons who engage in
certain financial and banking activities related to Iran. In particular, beginning on
Implementation Day, the following activities by non-U.S. persons are no longer sanctionable:

• Financial and banking transactions with individuals and entities set out in Attachment 3 to
  Annex II of the JCPOA, including: the Central Bank of Iran (CBI) and other specified
  Iranian financial institutions; the National Iranian Oil Company (NIOC), the Naftiran
  Intertrade Company (NICO), the National Iranian Tanker Company (NITC), and other
  specified individuals and entities identified as the Government of Iran by OFAC; and
  certain designated individuals and entities that were removed from the SDN List on
  Implementation Day (see section 4.1.1 of Annex II of the JCPOA);
• Transactions involving the Iranian rial or maintaining funds or accounts outside of Iran
  denominated in the Iranian rial (see section 4.1.2 of Annex II of the JCPOA);
• Providing U.S. bank notes to the Government of Iran (see section 4.1.3 of Annex II of the
  JCPOA);
• The purchase, subscription to, or facilitation of the issuance of Iranian sovereign debt,
  including governmental bonds (see section 4.1.5 of Annex II of the JCPOA);
• Providing specialized financial messaging services to the CBI and Iranian financial
  institutions set out in Attachment 3 to Annex II of the JCPOA (see section 4.1.6 of Annex II of the JCPOA); and
• The provision of associated services for each of the categories above (see section 4.1.7 of Annex II of the JCPOA).
• In addition, the USG has removed bilateral trade limitations on Iranian revenues held abroad, including limitations on their transfer (see section 4.1.4 of Annex II of the JCPOA).

Implementation:

To effectuate the lifting of these sanctions on Implementation Day, the USG has, in addition to
removing certain individuals and entities from the SDN List, FSE List, and NS-ISA List as
described in section III below, taken the following steps

1. Correspondent or Payable-Through Account Sanctions

a. Waived the imposition of correspondent or payable-through account sanctions
under: section 1245(d)(1) of the National Defense Authorization Act of Fiscal
Year 2012, as amended (NDAA 2012)11 (for significant financial transactions by
foreign financial institutions (FFIs)12 with the CBI)13; section 1244(d)(2) of the
Iran Freedom and Counter-Proliferation Act of 2012 (IFCA) (for significant
financial transactions by FFIs for the sale, supply, or transfer to or from Iran of
significant goods or services used in connection with the energy, shipping, or
shipbuilding sectors of Iran, including NIOC, NITC, and the Islamic Republic of
Iran Shipping Lines (IRISL)); section 1244(h)(2) of IFCA (for financial
transactions by FFIs for the sale, supply, or transfer to or from Iran of natural gas)14; section 1245(c) of IFCA (for significant financial transactions by FFIs for
the sale, supply, or transfer to or from Iran of precious metals or specified
materials (graphite, raw or semi-finished metals such as aluminum and steel, coal,
and software for integrating industrial processes) that are within the scope of the
waivers under section 1245(a)(1) of IFCA, as described in section VI below); and
section 1247(a) of IFCA.1

b. Revoked:16 E.O. 13622, including the correspondent or payable-through account
sanctions under section (1)(a), as amended by section 16 of E.O. 13645 (for FFIs
that conduct or facilitate transactions: with NIOC or NICO; for the purchase,
acquisition, sale, transport, or marketing of petroleum or petroleum products from
Iran; or for the purchase, acquisition, sale, transport, or marketing of
petrochemical products from Iran); and E.O. 13645, including the correspondent
or payable-through account sanctions under section 1(a) (for FFIs engaging in
significant transactions related to the Iranian rial and maintaining significant
funds or accounts outside the territory of Iran denominated in the Iranian rial) and
subsection 3(a)(i) (for significant transactions by FFIs on behalf of any Iranian
person on the SDN List or any other person included on the SDN List whose
property and interests in property are blocked pursuant to subsection 2(a)(i) of
E.O. 13645 or E.O. 13599).17

c. Committed to refrain from imposing sanctions under section 561.203(a) of the
Iranian Financial Sanctions Regulations, 31 C.F.R. part 561 (IFSR), for
transactions by FFIs with the CBI that are consistent with the waiver of section
1245(d)(1) of NDAA 2012.

2. Blocking Sanctions:

a. Waived the imposition of blocking sanctions under section 1244(c)(1) of IFCA18
(with respect to non-U.S. persons who knowingly provide significant financial,
material, technological, or other support to, or goods or services in support of any
activity or transaction on behalf of or for the benefit of a person determined to be
part of the energy, shipping, or shipbuilding sectors of Iran or to operate a port in
Iran, or Iranian individuals or entities set forth in Attachment 3 to Annex II of the
JCPOA).19

b. Committed to refrain from imposing discretionary blocking sanctions under
section 220(c) of the Iran Threat Reduction and Syria Human Rights Act of 2012
(TRA) on non-U.S. persons who knowingly and directly provide specialized
financial messaging services to, or knowingly enable or facilitate direct or indirect
access to such messaging services for, the CBI or any Iranian financial institution
not included on the SDN List.20
Revoked: E.O. 13622, including the blocking sanctions under section 5(a) (with
respect to persons who have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support of, NIOC,
NICO, or the CBI, or the purchase or acquisition of U.S. bank notes or precious
metals by the Government of Iran); and E.O. 13645, including the blocking
sanctions under section 1(a) (for FFIs engaging in significant transactions related
to the Iranian rial or maintaining significant funds or accounts outside the territory
of Iran denominated in the Iranian rial) and subsection 2(a)(i) (with respect to
persons who have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of, any Iranian
person included on the SDN List or any other person included on the SDN List
whose property and interests in property are blocked pursuant to subsection
2(a)(i) of E.O. 13645 or E.O. 13599).21

3. Menu-based Sanctions:22

a. Waived the imposition of menu-based sanctions under: section 213(a) of the TRA
(with respect to non-U.S. persons who purchase, subscribe to, or facilitate the
issuance of sovereign debt of the Government of Iran, including governmental
bonds); section 1244(d)(1) of IFCA (with respect to non-U.S. persons who
knowingly sell, supply, or transfer to or from Iran significant goods or services
used in connection with the energy, shipping, or shipbuilding sectors of Iran,
including NIOC, NITC, and IRISL); sections 1245(a)(1)(A) and
1245(a)(1)(C)(i)(II) of IFCA (with respect to non-U.S. persons who sell, supply,
or transfer to or from Iran precious metals or specified materials (graphite, raw or
semi-finished metals such as aluminum and steel, coal, and software for
integrating industrial processes), subject to certain limitations as described in
section VI.A.6 below); and section 1246(a) of IFCA23 (for non-U.S. persons who
provide underwriting services, insurance, or reinsurance in connection with
activities involving Iran that are described in sections 17.1 to17.2 and 17.5 of
Annex V of the JCPOA, or to or for any individual or entity whose property and
interests in property are blocked solely pursuant to E.O. 13599).

b. Revoked E.O. 13622, including the menu-based sanctions under section 2(a)(i)-
(iii), as amended by section 16 of E.O. 13645 (for persons engaging in significant
transactions for the purchase, acquisition, sale, transport, or marketing of
petroleum, petroleum products, and petrochemical products from Iran and
successor entities of such non-U.S. persons).

Sanctions under CISADA Section 104(c)(2)(E)(ii)(I). Finally, as described in section III below,
correspondent and payable-through account sanctions under section 104(c)(2)(E)(ii)(I) of the
Comprehensive Iran Sanctions and Divestment Act of 2010, as amended (CISADA) (for FFIs
that knowingly facilitate a significant transaction or transactions or provide significant financial
services for a person whose property or interests in property are blocked in connection with
Iran’s proliferation of WMD or their means of delivery) will no longer apply to such transactions
or services for Iranian financial institutions included on Attachment 3 to Annex II of the
JCPOA.24

See section III for an overview of the sanctions list removals that occurred on Implementation
Day and section VI for an overview of the waiver determinations and findings issued in
connection with the JCPOA.

Effects of the lifting of the financial and banking-related sanctions:25

As a result of the lifting of sanctions specified in sections 4.1.1 to 4.1.7 of Annex II and section
17.1 of Annex V of the JCPOA and described in this section, beginning on Implementation Day
such sanctions, including sanctions on associated services, do not apply to non-U.S. persons who
engage in activities, including financial and banking transactions, with the Government of Iran,
the CBI, Iranian financial institutions, and other Iranian persons specified in Attachment 3 to
Annex II of the JCPOA, including the provision of loans, transfers, accounts (including the
opening and maintenance of correspondent and payable-through accounts at non-U.S. financial
institutions), investments, securities, guarantees, foreign exchange (including Iranian rial-related
transactions), letters of credit and commodity futures or options, the provision of specialized
financial messaging services and facilitation of direct or indirect access thereto, the purchase or
acquisition by the GOI of U.S. bank notes, and the purchase, subscription to, or facilitation of the
issuance of Iranian sovereign debt.26

For additional information on the financial and banking-related sanctions lifting discussed in
this subsection, please see section C of the JCPOA FAQs.

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I. General Notes

In reviewing the JCPOA and this guidance, members of the regulated public should be aware of
the following:

The sanctions-related commitments described in the JCPOA are directed towards non-
U.S. persons,7 and except for the commitments described in section 5 of Annex II of the
JCPOA, do not apply to U.S. persons.8
The sanctions commitments described in the JCPOA and this guidance do not apply to
transactions that involve persons who remain or are placed on the SDN List.
Transactions involving such persons remain sanctionable after Implementation Day.
The USG commitment to lift sanctions described in the JCPOA is without prejudice to
sanctions that may apply under legal provisions not included within the scope of section
4 of Annex II of the JCPOA. As further detailed in section VII below, the USG retains the
authority to continue imposing sanctions under authorities not included within the scope
of section 4 of Annex II, including those used to address Iran’s: support for terrorism,
support for persons involved in human rights abuses in Syria or for the Government of
Syria, support for persons threatening the peace, security, or stability of Yemen, human
rights abuses, and ballistic missile program.9

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The JCPOA Implementation Day Guidance document consists of a background section, then 7 specialized sections. The whole is a 42 page PDF, so we'll break it up into those 8 pieces (and possibly more for Section II, which is particularly lengthy). For brevity, I'm leaving out the footnotes.

Here's the background:

On July 14, 2015, the P5+1 (China, France, Germany, Russia, the United Kingdom, and theUnited States), the European Union (EU), and Iran reached a Joint Comprehensive Plan ofAction (JCPOA) to ensure that Iran’s nuclear program will be exclusively peaceful. The JCPOAbuilds on the foundation of the Joint Plan of Action (JPOA) of November 24, 2013, and thepolitical framework announced in Lausanne on April 2, 2015.

On January 16, 2016, upon confirmation by the Secretary of State that the International AtomicEnergy Agency (IAEA) had verified that Iran had implemented the nuclear-related measuresdescribed in sections 15.1 to 15.11 of Annex V of the JCPOA, the United States lifted the U.S.nuclear-related sanctions described in sections 17.1 to 17.2 of Annex V of the JCPOA.1Consequently, January 16, 2016 is the day referred to as “Implementation Day” in paragraph34.iii of the Main Text of the JCPOA.2 The U.S. Department of the Treasury’s Office of ForeignAssets Control (OFAC) has updated its website to notify the public of certain steps the UnitedStates has taken to fulfill Implementation Day sanctions commitments.

As set out in sections 4.1 to 4.7 of Annex II and section 17.1 to 17.2 of Annex V of the JCPOA,the United States government (USG) has lifted nuclear-related secondary sanctions3 on: Iran’sfinancial, banking, energy, petrochemical, shipping, shipbuilding, and automotive sectors; Iran’sport operators; the provision of insurance, re-insurance and underwriting services in connectionwith activities that are consistent with the JCPOA; Iran’s trade in gold and other precious metals;trade with Iran in graphite, raw or semi-finished metals such as aluminum and steel, coal, andcertain software in connection with activities that are consistent with the JCPOA; and theprovision of associated services for each of the categories above. As set out in section 4.8.1 ofAnnex II and section 17.3 of Annex V of the JCPOA, the USG also removed the individuals andentities listed in Attachment 3 to Annex II of the JCPOA from OFAC’s List of SpeciallyDesignated Nationals and Blocked Persons (SDN List), Foreign Sanctions Evaders List (FSEList), and/or Non-SDN Iran Sanctions Act List (NS-ISA List), as appropriate.

In addition, as set out in section 5 of Annex II and section 17.5 of Annex V of the JCPOA, onImplementation Day, the USG took steps to: (i) allow for the export, reexport, sale, lease ortransfer of commercial passenger aircraft and related parts and services to Iran for exclusivelycivil, commercial passenger aviation end-use; (ii) license non-U.S. entities that are owned orcontrolled by a U.S. person (“U.S.-owned or -controlled foreign entities”) to engage in activities that are consistent with the JCPOA and applicable U.S. laws and regulations; and (iii) license theimportation into the United States of Iranian-origin carpets and foodstuffs, including pistachiosand caviar. With the exception of the three categories of activities described above, none of thesanctions-related commitments outlined in this guidance apply to U.S. persons, and U.S. persons,including U.S. companies, continue to be broadly prohibited from engaging in transactions ordealings with Iran and the Government of Iran unless such activities are exempt from regulationor authorized by OFAC.4

To implement the commitments under sections 17.1 to 17.5 of Annex V of the JCPOA, the USG:(i) issued, on Adoption Day,5 waivers of relevant statutory sanctions authorities, which becameeffective on Implementation Day; (ii) removed, on Implementation Day, the individuals andentities set out in Attachment 3 to Annex II of the JCPOA from the SDN List, FSE List, and/orNS-ISA List, as appropriate; (iii) issued, on Implementation Day, an Executive order (E.O.) thatrevoked E.O.s 13574, 13590, 13622 and 13645, and sections 5-7 and 15 of E.O. 13628; and (iv)issued, on Implementation Day, a Statement of Licensing Policy and two general licenses.

After Implementation Day, the next major milestone in the JCPOA is Transition Day. TransitionDay will occur 8 years from Adoption Day or upon a report from the Director General of theIAEA to the IAEA Board of Governors and in parallel to the United Nations Security Council(UNSC) stating that the IAEA has reached the Broader Conclusion that all nuclear material inIran remains in peaceful activities, whichever is earlier. As set out in section 21 of Annex V ofthe JCPOA, on Transition Day, the USG will seek to terminate, or modify to effectuate thetermination of, relevant statutory provisions set forth in sections 4.1 to 4.7 and 4.9 of Annex IIand will remove the individuals and entities set forth in Attachment 4 to Annex II of the JCPOAfrom the SDN List and/or FSE List.6 The USG will issue additional guidance related to thesecommitments prior to Transition Day.

For additional information, please see section A of OFAC’s Frequently Asked Questions Relatingto the Lifting of Certain U.S. Sanctions Under the JCPOA on Implementation Day (JCPOAFAQs).

This guidance document is organized into seven sections. Section I contains introductory notesregarding the sanctions lifting under the JCPOA. Section II reviews the various nuclear-relatedsecondary sanctions that were lifted on Implementation Day, explains how those sanctions werelifted, and describes the effect of the sanctions lifting. Section III addresses the sanctions listremovals that occurred on Implementation Day, and what it means for parties engaging intransactions or activities with individuals and entities that were removed from the relevant sanctions lists. Section IV describes other U.S. commitments under the JCPOA, includingcommitments with respect to (i) exports of commercial passenger aircraft and related parts andservices for commercial passenger aviation, (ii) the ability of U.S.-owned or -controlled foreignentities to engage in activities that are consistent with the JCPOA and U.S. law, and (iii) importsof Iranian-origin carpets and foodstuffs into the United States. Section V addresses the U.S.commitment to terminate four E.O.s and part of a fifth. Section VI provides an overview of thewaiver determinations and findings with respect to certain statutory sanctions issued toimplement U.S. Implementation Day sanctions commitments under the JCPOA. Finally, SectionVII provides a list of key legal authorities that are outside the scope of the JCPOA and thatremain in place after Implementation Day.

Link:

JCPOA Implementaton Day Guidance document

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