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E3 have just circulated letter to UNSC presidency and issued statement rejecting US SnapBack move.
“France, Germany and the United Kingdom (“the E3”) note that the US ceased to be a participant to the JCPoA following their withdrawal from the deal on May 8, 2018.
Our position regarding the effectiveness of the US notification pursuant to resolution 2231 has consequently...”
been very clearly expressed to the Presidency and all UNSC Members.
We cannot therefore support this action which is incompatible with our current efforts to support the JCPOA.” France Germany. Britain #IranDeal SnapBack statement. 3/3
Hammering home the point, E3 formal letter to UNSC president also rejects US claim to be a participant and says that “the E3 firmly believes that the purported notification under OP11 or UNSCR 2231 is incapable of having legal effect...”
“and so cannot bring into effect the procedure foreseen under OP 11. == It flows from this that any decisions and actions which would be taken based on this procedure or on its possible outcome would also be devoid of any legal effect”. E3 letter to UNSC presidency #snapback
A bit more of formal UNSC E3 argument vs US SnapBack. E3 “do not consider that the United States is a JCPoA participant State under UNSCR 2231 (2015) anymore and therefore do not consider that the United States’ notification is effective. When the JCPoA and UNSCR 2231 (2015)...”
...were adopted, the United States was a JCPoA participant, identified as such in OP 10 of the resolution. That is why, like the other JCPoA participant States, it was entitled to initiate the snapback mechanism, established under OP 11 of the resolution. However...”
”the United States effectively ceased to be a JCPoA participant in 2018.
President Trump’s Memorandum of 8 May 2018 formalised this position and since then, the United States Government has consistently taken steps to end its participation in the JCPoA, in particular, it ceased”
..to fulfil its commitments under the JCPoA. Consequently, as a matter of fact, the United States is no longer a “JCPoA participant State.” So Ee argue US first effectively withdrew, then formally withdrew then factually exited by walking away from commitments. Clear rejection.
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