11/4/15, "Iranian Airline Violates Terms Of Nuclear Deal By Purchasing Planes To Use In Syrian War," IB Times, Erin Banco
"Update Nov. 5, 4:30 p.m.: This story has been
updated to include language from the nuclear agreement that clarifies
the difference between violating the sanctions and violating the nuclear
deal itself.
Original story: One of Iran’s commercial airlines
last week bought a U.K.-manufactured jet with the aim of using it to
deliver Iranian soldiers and weapons to Syria in support of the
embattled regime of President Bashar Assad, International Business Times
has learned. The purchase of the aircraft by an Iranian concern
represents a clear violation of the deal brokered by the administration
of U.S. President Barack Obama, under which Iran pledged to scale back
its nuclear program in exchange for a lifting of sanctions, said senior
American officials and attorneys who handle issues associated with
sanctions compliance.
“Temporary sanctions relief...currently in place does not cover the
sale or lease of complete aircraft to Iran,” said Betsy Bourassa, a
representative of the Office of Terrorism and Financial Intelligence
within the Treasury Department in Washington. And a representative of
the State Department told IBT that it was aware of the sale and is
investigating the transaction.
Under the terms of the ongoing sanctions, Iran is barred from
purchasing aircraft from U.S. and European entities -- and U.S. and
European entities are barred
from selling them to Iran -- until Tehran has satisfied inspectors with
the International Atomic Energy Agency that it has begun rolling back
its nuclear program, according to sanctions lawyers at Sheppard
Mullin. Calls to Iran’s Foreign Ministry in Tehran were not returned.
Although the nuclear agreement itself does not specifically require
Iran to stop purchasing aircraft, it does require that Tehran "refrain
from any action inconsistent with the letter, spirit and intent of this
JCPOA [Joint Comprehensive Plan of Action, i.e., the nuclear deal] that
would undermine its successful implementation."
A violation of the sanctions could delay the implementation of the nuclear accord, experts told IBT. “This could affect the way Iranian sanctions are eased,” one attorney
said, speaking on condition of anonymity to avoid complicating his
clients’ dealings with Iran.
The aircraft purchase marks the second time within five months that
the Iranian airline, Mahan Air, one of the country’s largest domestic
and international carriers, has purchased aircraft to expand its
Tehran-based fleet. Linking Iranian cities to Asian and European
destinations, Mahan also flies to Damascus, where it delivers crucial
stores of weaponry and troops of the elite ranks of the so-called Quds
forces, which are aiding in the defense of the Syrian regime.
“Mahan Air’s close coordination with the Quds Force -- secretly
ferrying operatives, weapons and funds on its flights -- reveals yet
another facet of the Islamic Revolutionary Guard Corps extensive
infiltration of Iran’s commercial sector to facilitate its support for
terrorism,” David Cohen, the U.S. under secretary for terrorism and
financial intelligence, said at a press briefing in Washington in 2011.
Mahan flights take off from Tehran and Abadan, another Iranian city,
at unspecified times and without publicizing their destinations. The
flights frequently disappear from tracking systems once they enter
Syrian airspace. Radar then shows them having landed in Damascus.
The latest aircraft deal was carried out despite American officials’
previous pledges to prevent Mahan from acquiring additional jets and
despite the fact that the carrier has been formally blacklisted by U.S.
and European authorities for allegedly transporting weapons that facilitate terrorism. Mahan representatives did not return calls.
Aviation records maintained by a private registry show that Mahan
purchased the jet from an individual listed as A. Grundlingh Oct. 15.
Anton Grundlingh registered the plane in South Africa, where he is the
director of three aircraft-affiliated companies and a shareholder in a
financial-services firm.
Six months ago, the U.S. Treasury Department took punitive measures
against an Iraqi company, Al-Naser Airlines, and a Syrian businessman
for selling Boeing aircraft to Mahan.
The department froze American-held
assets of Al-Naser as well as businessman Issam Shammout and his Sky
Blue Bird Aviation firm, banning U.S. entities from conducting business
with them. The third party that sold the plane to Mahan most recently
could be subject to similar proceedings, as could the plane’s previous
owners -- assuming it’s proven they had knowledge of the plane’s final
sale to Iran. They could face other civil and even criminal charges.
Financial institutions involved in the transaction are also at risk of
being blacklisted.
In October 2011, the Treasury Department announced
that Mahan would be sanctioned for providing financial, material and
technological support to the Quds Force in the Islamic Republic Guard
Corps. The airline was also accused of flying Quds Force members linked
to a plot to kill Saudi Arabia’s former ambassador to the U.S., Adel
al-Jubeir.
Before Mahan Air purchased the aircraft, several other European
airlines owned it, including Malmo Aviation, a Swedish company, and Blue
1, a Finnish firm. Grundlingh bought the plane May 7 from Triangle
Regional Aircraft Leasing, previously known as BAE Systems Regional
Aircraft Leasing.
Based in the U.K., BAE Systems could be penalized because of the
transaction. So could Falko, another leasing company, which purchased
BAE Systems Asset Management and its associated aircraft portfolio.
Mahan Air is a private Iranian airline, but, due to the fact Iran’s
economy is largely controlled by the government, analysts said Tehran
officials most likely knew about the transaction and gave it the green
light.
“Iran has an extremely old fleet. The average age of their planes is
about 19 years. As part of the nuclear deal, Iran wanted the U.S. to
make concessions in that sector,” said Alex Vatanka, an expert on Iran
with the Middle East Institute think tank in Washington. Vatanka
added that there is disagreement within the Iranian government about
whether the country should have to wait to make these kinds of
purchases.
The jet seats about 80 people and has significant cargo space. It
would be capable of transporting not only soldiers but also small arms
and anti-tank missiles.
IBT tracked several Mahan Air flights over the span of two days and
found at least two flights that took off from Damascus, landing in
Al-Hasakah, Syria, the site of intense fighting between the Islamic
State group and regime forces and their allies, before flying back to
Tehran.
The purchase by Mahan comes at a time when Iran and Russia
are intervening militarily in Syria to prop up Assad. For more than a
month, Russia has bombed targets where U.S.-armed rebels are stationed.
Iran is sending weapons and fighters to expand Hezbollah’s reach on the
ground. Combined, Iran and Russia have given Assad the upper hand in the
battle against the rebels.
“It is a testament to the changing realities on the ground in Syria,” Vatanka said.
Iranian press reported this week that Nasim Air, a new Iranian
airline that is reportedly partially owned by Mahan Air, purchased a
Boeing 737. Nasim Air could not be reached for comment. Should the
report prove to be true, the transaction would point to Mahan’s widening
operations and its ability to circumvent the law and escalate the
violence in Syria.
The U.S. could be doing more to block Iranian aircraft purchases,
said Emanuele Ottolenghi of the Foundation for Defense of Democracies, a
Washington think tank that is critical of American diplomacy with
respect to Iran. The U.S could press for greater financial penalties on
those who enable Mahan to acquire planes used in the conflict in Syria,
he suggested.
“What the U.S. can do is discourage [companies] from getting involved
in these deals by going after [the] whole industry that services
Mahan,” Ottolenghi said. “The problem is that all those that have been
involved with Mahan before are still there. They are still involved.”"
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Comment: The US is obviously a global joke.
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