Kirk, Rubio Urge Treasury to
Block Iranian Access to US Dollars
WASHINGTON – U.S. Senators Mark Kirk
(R-Ill.) and Marco Rubio (R-Fla.) sent a letter to Treasury Secretary Jacob Lew
yesterday expressing their concern regarding reports that
the administration is working to provide Iran access to U.S. dollars outside the
U.S. financial system.
Iran is prohibited from using the
system for financial transactions, and U.S. persons are prohibited from
conducting direct financial transactions with Iran. However, reports show that
the administration is working with authorities in foreign jurisdictions to
provide Iran access to a foreign payment system that could allow Iran to settle
transactions in U.S. dollars without transiting the U.S. financial system.
“Any such
efforts would benefit Iran’s financiers of international terrorism, human
rights abuses, and ballistic missile threats while also ignoring the Treasury
Department’s finding under Section 311 the USA PATRIOT Act that Iran’s
entire financial sector is a jurisdiction of primary money laundering concern,
and undermining ongoing calls by the Financial Action Task Force (FATF) for
countermeasures to protect international financial sectors from Iran’s
terrorist financing,” the senators wrote in a letter.
“We request
corresponding assurances from you that the United States will not issue a
general license authorizing ‘U-turn transactions’ for Iran, in which a U.S.
bank processes a transaction for a foreign financial institution on behalf of
Iran while the Iranian part of the transaction does not touch the U.S. financial
system directly,”the senators continued. “We also request
assurances from you that the United States will not work on behalf of Iran to
enable Iranian access to U.S. dollars elsewhere in the international financial
system, including assisting Iran in gaining access to dollar payment systems
outside the U.S. financial system.”
A PDF of the letter is available here and the full text is below:
March 30, 2016
Secretary Jacob Lew
U.S. Department of the Treasury
1500 Pennsylvania Avenue, NW
Washington, DC 20500
Dear Secretary Lew:
We are
gravely alarmed by news reports suggesting the Administration is working to give
Iran access to the U.S. financial system or to dollar transactions outside of
the U.S. financial system. Any such efforts would benefit Iran’s
financiers of international terrorism, human rights abuses, and ballistic
missile threats while also ignoring the Treasury Department’s finding under
Section 311 the USA PATRIOT Act that Iran’s entire financial sector is a
jurisdiction of primary money laundering concern, and undermining ongoing calls
by the Financial Action Task Force (FATF) for countermeasures to protect
international financial sectors from Iran’s terrorist financing. As co-authors
of the Iran Terrorism and Human Rights Sanctions Act
of 2016 (S.2726) and
the Iran Ballistic Missile Sanctions Act of 2016 (S.2725),
we believe the United States should instead increase pressure on the Iranian
regime in order to hold it fully accountable for its threatening and
destabilizing activities outside of the nuclear realm.
As you know, the United States has
led efforts within the international financial community to highlight the
dangers of Iran’s financial system. On November 25, 2011, the Treasury
Department’s Financial Crimes Enforcement Network (FinCEN) issued a finding
that Iran is a jurisdiction of primary money laundering concern under the USA
PATRIOT Act’s Section 311. On February 19, 2016, the Financial Action
Task Force renewed its February 2009 call for its members and other
jurisdictions to apply countermeasures to protect their financial sectors from
money laundering and financing of terrorism risks emanating from Iran.
That said, we are aware the
Iranian regime is urging the United States to provide access to the American and
international financial systems. Iran’s leaders have complained both
publicly and privately that foreign companies and financial institutions are
avoiding business deals with Iran because they fear U.S. sanctions. Most
notably, Iranian Supreme Leader Ali Khamenei said in his Persian New Year
address: “In Western countries and places which are under U.S.
influence, our banking transactions and the repatriation of our funds from their
banks face problems ... because [banks] fear the Americans.”
Senior
officials in the Treasury Department have repeatedly assured Congress that the
Administration will not allow Iran direct or indirect access to the U.S.
financial system, and we believe this prohibition to be prudent in light of the
Iranian regime’s continued state sponsorship of terrorism, threatening
ballistic missile activities, and egregious violations of human rights. In
testimony before the Senate Foreign Relations Committee on July 23, 2015, you
said: “Iranian banks will not be able to clear U.S. dollars through New
York, hold correspondent account relationships with U.S. financial institutions,
or enter into financing arrangements with U.S. banks.” And in testimony
before the Senate Committee on Banking, Housing, and Urban Affairs on September
17, 2015, Acting Under Secretary of the Treasury Adam Szubin assured lawmakers
that “no Iranian banks can access the U.S. financial system; not to open an
account, not to purchase a security, and not even to execute a dollarized transaction where
a split seconds worth of business is done in a New York clearing bank”
(emphasis added).
We request corresponding
assurances from you that the United States will not issue a general license
authorizing “U-turn transactions” for Iran, in which a U.S. bank processes a
transaction for a foreign financial institution on behalf of Iran while the
Iranian part of the transaction does not touch the U.S. financial system
directly. It is important that we maintain the prohibition against
“U-turn transactions” that was implemented on November 6, 2008.
Because Iran remains under the USA PATRIOT Act’s Section 311 finding and
FATF’s call for international countermeasures, the United States cannot and
should not be seen to undermine the global consensus on Iran’s financial
system.
We also request assurances from
you that the United States will not work on behalf of Iran to enable Iranian
access to U.S. dollars elsewhere in the international financial system,
including assisting Iran in gaining access to dollar payment systems outside the
U.S. financial system. Such actions would fundamentally undermine our
nation’s own reputation as a global leader on anti-money laundering and
countering the financing of terrorism, and also provide Iran legitimacy in the
international financial system that it has not earned, especially as the regime
in Tehran has not addressed its use of Iranian financial institutions and
foreign financial institutions to conduct illegitimate transactions, nor its
lack of anti-money laundering or countering the financing of terrorism (AML/CFT)
controls. Granting Iran the ability to process transactions in U.S.
dollars would also be a bad precedent given Iran’s current status with a
finding as a jurisdiction of primary money laundering concern and the FATF’s
call for countermeasures. It is critical to preserve the U.S. dollar’s
status as the world’s reserve currency, including by ensuring that countries
engaged in destabilizing activities do not have the privilege of processing
transactions in U.S. dollars.
We look forward to your response
in timely manner to our requests.
Sincerely,
Marco Rubio
United States Senator
Mark Kirk
United States Senator