Table 3 Policy proposals for improving access to medicines in JCPOA

Regulatory sanction harmonization

Existing contradictions in various U.S. and European sanctions must be resolved to harmonize the process of permitting humanitarian transactions to take place. Most importantly, the United States must make it unambiguously clear that both U.S. and financial institutions from other countries are fully authorized to transfer funds in support of procuring and supplying humanitarian medical goods to Iran that are not classified as “dual-use” commodities.

OFAC classification

The U.S. government should revisit its OFAC classification process for non-EAR99 medications and exempt specific products that meet critical Iranian population health needs, including those drugs, medical devices, and diagnostic products which address diseases with high mortality rates or disease burden. Additionally, OFAC should specify medical products that are non-EAR99–classified in lieu of listing broad categories of products.

Vaccines

OFAC should specifically remove vaccine products from the Non-EAR99–classified drugs list and add them instead to the EAR99–classified drugs list because they are crucial tools in disease prevention and public health outcomes.

SWIFT line

All international partners should allocate a dedicated SWIFT line to transfer funds for medical purposes and designate certain Iranian and foreign banks as specifically authorized to transfer funds for these medicines and medical devices. This would be similar to proposed OFAC SWIFT line that will be dedicated for medicine and medical devices purchases following the JCOPA.

Oil revenues

Provide definitive clarification of the terms for waivers/exemptions for purchasing Iranian crude oil in a way ensures trading partners that Iran can access to its oil revenues deposited in foreign banks and allow the currency to be used for life-saving medicines to be purchased from U.S. and EU companies.

Exemption from “Snap Back” provisions

Policy proposals above should be exempt from “snap back” provisions in the event of non-compliance to the terms of the JCPOA. This will ensure reliable and ongoing access to life-saving treatments and provide trading partners and banking institutions with confidence to invest in medicines procurement.