"The President is Legally Barred from Waiving Iranian Sanctions as Pledged in the Iran [Memorandum of Understanding]"

Jun 17, 2026 · 9:48 PM UTC ·1 min read · 0 reactions · 0 comments · 98 views

#politics #law #iran #The President #Iran #Jack Goldsmith #Harvard #United States

TL;DR · WeSearch summary

The President is legally barred from waiving Iranian sanctions as pledged in the Iran Memorandum of Understanding. This is due to the Iran Nuclear Agreement Review Act of 2015, which temporarily bars a president from waiving sanctions against Iran. The executive branch has counterarguments, but it is unclear if any institution will enforce compliance with the law.

Key facts

▪The Iran Nuclear Agreement Review Act of 2015 applies to the situation and bars the president from waiving sanctions against Iran.
▪The President pledged to issue waivers for export of Iranian crude oil, petroleum products, and derivatives in the Memorandum of Understanding.
▪Prof. Jack Goldsmith argues that the president does not have the authority under domestic law to issue these waivers.

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Original publisher	Reason.com
Canonical URL	https://reason.com/volokh/2026/06/17/the-president-is-legally-barred-from-waiving-iranian-sanctions-as-pledged-in-the-iran-memorandum-of-understanding/
Publication time	Wed, 17 Jun 2026 21:48:46 +0000
Retrieval time	2026-06-17T22:01:35.172Z
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Opening excerpt (first ~120 words) tap to expand

Iran "The President is Legally Barred from Waiving Iranian Sanctions as Pledged in the Iran [Memorandum of Understanding]" Eugene Volokh | 6.17.2026 5:48 PM So argues Prof. Jack Goldsmith (Harvard) in his Executive Functions post. An excerpt: The United States in the MOU pledges "immediately" to "issue waivers for export of Iranian crude oil, petroleum products and derivatives, and all associated services, including banking transactions, insurances, transportation, etc." (Emphasis added here and throughout.) These waivers presumably include waivers of U.S. statutory sanctions against Iran. I don't think the president has the authority under domestic law to issue these waivers.

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