Memo on H.R. 4591

Tomorrow, the House of Representatives is scheduled to vote on H.R. 4591, the “Preventing Destabilization of Iraq Act of 2017,” which seeks to impose sanctions on persons engaged in actions that are or risk “threatening the peace or stability of Iraq.” While we welcome that the amendment in the nature of a substitute has removed explicit references to sanctioning Iran in the bill’s title, this legislation clearly remains an effort to ratchet up tensions with Iran.

On the heels of House Republicans protecting Saudi Arabia by blocking a vote to end U.S. support for the disastrous war in Yemen, it is now doubling down on the Trump-Saudi policy of escalating pressure on Iran with no plan for negotiations. Only diplomatic solutions can resolve the proxy conflicts in the Middle East – not further efforts to perpetuate these conflicts by insulating the Saudi kingdom or escalating with Iran. As a result, H.R. 4591 risks worsening regional instability rather than ameliorating it, and as a result is bad for both Iraq and the U.S. position in the Middle East.

Backward Priorities

The timing of the vote on H.R. 4591 demonstrates the House majority’s backward priorities with respect to the Middle East. Credible estimates indicate that more than 80,000 children may have died of starvation as a result of the U.S.-backed and Saudi-led military intervention in Yemen since 2015, with little end in sight to the unauthorized war. Moreover, the President of the United States is shamefully playing defense for Saudi Crown Prince Mohammed bin Salman after the Central Intelligence Agency determined with high confidence that bin Salman ordered the assassination of U.S. resident and Washington Post columnist Jamal Khashoggi, which was carried out last month at the Saudi consulate in Istanbul.

The response of the House Majority to these two major crises has been to follow Trump’s lead and to short-circuit debate on a resolution to end America’s backing of the Saudi intervention. However, any legislation to further Trump’s pressure campaign against Iran – including H.R. 4591 – will get the green light. Given these suspect priorities, legislators should use debate over H.R. 4591 to highlight the Trump administration’s dangerous Middle East policies, including U.S. support for the war in Yemen and the dangerous decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA), also known as the Iran nuclear deal.

A balanced U.S. policy toward the Middle East will take time, but work should begin now to end U.S. support for the disastrous war in Yemen, impose consequences on those in Saudi Arabia responsible for the assassination of Khashoggi, and restore U.S. credibility by returning to the JCPOA.

Doubling Down on Hostility without Diplomacy

While political stability in Iraq is a laudable goal, it is unlikely to be achieved by a strictly adversarial posture towards Iran – particularly considering Iran’s security interests in Iraq are likely to figure of far greater import than the risk of limited U.S. sanctions posed by H.R. 4591.

Instead, the Trump administration and Congress must recognize that Iraq’s political future requires political engagement between the U.S. and Iran – both of which have a significant presence in the country and both of which have staked their political security on Iraq’s internal stability. For this reason – to the extent that the Congress believes that punitive sanctions are useful in influencing Iran’s behavior – such sanctions must be expressly tied to diplomatic engagement with Iran regarding events in Iraq.

For its part, Iraq cannot afford a rupture in its ties with Iran. The two countries have over $12 billion in annual trade and other deep connections. The administration’s granting of waivers to Iraq on Iran sanctions for gas, energy supplies, and food items reflects an acknowledgement of the depth of Iraqi-Iranian ties—which developed after the U.S. invasion in 2003.

Iraqi leaders such as former PM Haider al-Abadi have made clear that they do not wish for Iraq to be a theater in U.S.-Iran tensions. Instead, the Iraqi government has sought to balance its relations with the U.S. and Iran. As was evident in June 2014, when Iran helped to prevent ISIS from overrunning Baghdad, the U.S. and Iran have overlapping interests in Iraq and thus need not remain implacable enemies there.

Moreover, at a time when the President is destroying diplomatic channels by sabotaging an agreement that exchanged sanctions relief for far-reaching Iranian nuclear concessions, legislating further sanctions would merely demonstrate the U.S. Congress’ backward priorities when it comes to Iran.

Rather than encourage Trump’s pressure campaign and increase the likelihood of a military confrontation, as many of the President’s closest advisors favor, lawmakers should seek to restrain the administration. To help Iraqi stability, the U.S. must appreciate the fine line that Baghdad must walk in its relations with Iran and the United States. The Trump administration must move beyond overstating the scale of the Iranian threat in Iraq and its obsessive denial of Iranian influence.  

Bill Summary

The original text of H.R. 4591 was wholly aimed at countering Iranian persons threatening stability in Iraq, which has since been amended to a more general focus on foreign persons. However, given the intent of the authors and the single-minded focus of the Trump administration on countering Iran throughout the Middle East, it is without a doubt that the White House would view this legislation as support for its broader pressure campaign and a green light to aggressively escalate sanctions against Iran over its activities in Iraq.

Section 2 of H.R. 4591 mandates the President to block the assets of any foreign person determined to knowingly commit a significant act of violence that has the direct purpose or effect of:

  • Threatening the peace or stability of Iraq or the Government of Iraq;
  • Undermining the democratic process in Iraq; and
  • Undermining significantly efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people.

Any Iranian persons or entities designated pursuant to Section 2 of H.R. 4591 would also be subject to U.S. secondary sanctions by virtue of current U.S. sanctions targeting Iran.

Section 3 of H.R. 4591 requires the President to determine whether several Shia militias and individuals meet the criteria for designation as foreign terrorist organizations or for the application of sanctions pursuant to Executive Order 13224 as Specially Designated Global Terrorists.

Section 4 requires the Secretary of State to submit an annual report to Congress on the armed groups, militias, or proxy forces in Iraq receiving logistical, military, or financial assistance from Iran’s Revolutionary Guard Corps (IRGC) or over which the IRGC exerts any form of control or influence.

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