This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0531.LFS DATE: 3/17/2023 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HM 531 Support of a Free Iran SPONSOR(S): Eskamani and others TIED BILLS: IDEN./SIM. BILLS: SM 848 REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Local Administration, Federal Affairs & Special Districts Subcommittee Roy Darden 2) State Affairs Committee SUMMARY ANALYSIS The Islamic Republic of Iran (IRI) is the governing body of the country of Iran. As a result of the Iranian takeover of the American Embassy on November 4, 1979, the United States and Iran severed diplomatic relations in April 1980 and since then have had no formal diplomatic relationship. On September 16, 2022, Mahsa “Jina” Amini suffered a head injury under unknown circumstances and died while in the custody of the Tehran police. Amini’s death is considered a factor in a series of protests regarding Iranian human rights issues. Protests against the IRI began in September 2022 and are ongoing as of March 2023. According to the United State-based human rights monitor, Human Rights Activists News Agency, at least 469 people have been killed since demonstrations began on September 17, 2022, and thousands of people have been arrested. The memorial declares the Florida House of Representatives stands in support of the fight for freedom of the people of Iran. The memorial also encourages the United States to stop all discussions on the Iran Nuclear agreement, encourage Federal representatives to push the United Nations’ investigative mechanism for crimes against humanity committed by Iran, demand the end of unlawful imprisonment and execution in Iran, to continue to sanction members of the Islamic Republic of Iran and the Islamic Revolution Guard Corps, and to continue to amplify the voices of the people of Iran by maintaining internet access. The memorial calls for copies to be dispatched to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the Florida delegation to the United States Congress. Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal government to act on a particular subject. This memorial does not have a fiscal impact on the state or local governments. STORAGE NAME: h0531.LFS PAGE: 2 DATE: 3/17/2023 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Present Situation The Islamic Republic of Iran is the governing body of the country of Iran. As a result of the Iranian takeover of the American Embassy on November 4, 1979, the United States and Iran severed diplomatic relations in April 1980and since then have had no formal diplomatic relationship. Switzerland is the U.S. protecting power within Iran and provides limited consular services to U.S. citizens in Iran. 1 Protests On September 14, 2022, Mahsa “Jina” Amini was arrested by the Tehran police. On September 16, 2022, Amini suffered a head injury and died under unknown circumstances while in the custody of the Tehran police. 2 Suspicions arose that Amini’s death was a direct result of the police action. 3 Amini’s death is considered a major factor in sparking a series of protests regarding Iranian human rights issues, most notably the end to mandatory hijab for women, wider freedoms and woman’s rights. 4 These protests appear to be demanding a complete regime change rather than limiting the change to incremental reforms. 5 Protests against the IRI began in September 2022 and are ongoing as of March 2023. 6 According to the United State-based human rights monitor, Human Rights Activists News Agency, at least 469 people have been killed since demonstrations began on September 17, 2022, and thousands of people have been arrested. 7 Iran Nuclear Agreement The Iran Nuclear Agreement, formally known as the Joint Comprehensive Plan of Action (JCPOA), is an agreement on the development and implementation of Iranian nuclear power between Iran, China, France, Germany, Russia, the United Kingdom, and the European Union. The JCPOA began negotiations between the original six signatories in November 2013 and agreed on the JCPOA terms in April 2015. 8 The United States was a prior party to the agreement but withdrew in 2018. 9 The purpose of the Iran Nuclear Agreement was to reduce the potential threat of nuclear war in the Middle East. 10 To achieve this the agreement would reduce and eliminate Iran’s stockpile of enriched uranium and reduce the number of gas centrifuges (necessary for uranium enrichment) for 13 years. Iran would also agree not to build heavy-water facilities for 15 years. The agreement would also limit uranium-enrichment activities to a single facility using first-generation centrifuges for 10 years. The 1 U.S. Department of State, U.S. Relations With Iran, available at U.S. Relations With Iran - United States Department of State (Last visited March 12, 2023). 2 BBC news, Fury in Iran as young woman dies following morality police arrest, September 16, 2022. Fury in Iran as young woman dies following morality police arrest - BBC News (Last visited March 12, 2023) 3 Id. 4 CNN, A barrier of fear has been broken in Iran. The regime may be at a point of no return. October 5, 2022. Iran protests: A barrier of fear has been broken. The regime may be at a point of no return | CNN (Last visited March 12, 2023) 5 Worth, Robert F. (1 October 2022). "In Iran, Raw Fury Is in the Air". The Atlantic. https://www.theatlantic.com/ideas/archive/2022/10/iran-protests-mahsa-amini/671616/ (Last visited March 12, 2023). 6 Bloomberg, Iran’s Judiciary to ‘Show Clemency’ to Some Jailed Protesters. February 5, 2023, https://www.bloomberg.com/news/articles/2023-02-05/iran-s-judiciary-to-show-clemency-to-some-jailed-protesters (Last visited March 12, 2023) 7 Human Rights Activists News Agency, Iran Protests 2022 -Detailed Report of 82 Days of Nationwide Protests in Iran, Human Rights Activists. (December 7, 2022). 8 Daniel, Joyner (2016). Iran's nuclear program and international law: from confrontation to accord (First ed.). New York, NY. 9 The Wall Street Journal., Trump Pledge to Strike Postelection Deal With Iran Draws Scrutiny, August 11, 2020. Trump Pledge to Strike Postelection Deal With Iran Draws Scrutiny - WSJ (Last visited March 12, 2023) 10 Joint Comprehensive Plan of Action, July,14, 2015. STORAGE NAME: h0531.LFS PAGE: 3 DATE: 3/17/2023 international Atomic Energy Agency would have regular access to all Iranian nuclear facilities in order to verify compliance. 11 A comprehensive inspection plan was to be implemented to monitor and conform Iran’s compliance, and prevent diversions of any material which could be used for alternative purposes. 12 United Nations Woman’s Commission The UN Commission on the Status of Women, composed of forty-five member states, was established in 1946. The commission promotes women’s rights, documents global inequities, and shapes standards on equality and the empowerment of women. 13 On December 14, 2022, the Islamic Republic of Iran was removed from the United Nations Woman’s Commission. 14 Twenty-nine members of the UN’s Economic and Social Council voted in favor of a resolution proposed by the United States to “remove with immediate effect the Islamic Republic of Iran from the Commission on the Status of Women for the remainder of its 2022-2026 term.”. The protests related to the death of Amini were cited as justification for the vote. 15 Iran’s Ambassador argued the resolution to remove Iran was a baseless claim using fake narratives. 16 Effect of the Memorial The memorial provides historical background of relations with Iran, the current protests for a new, democratically elected, and free government, background on the death of Mahsa “Jina” Amini, and the protests on September 17 th , 2022. The memorial declares the Florida House of Representatives stands in support of the fight for freedom by the people of Iran. The memorial encourages the United States to stop all discussions on the Iran Nuclear agreement, to continue to sanction members of the Islamic Republic of Iran and the Islamic Revolution Guard Corps, and to continue to amplify the voices of the people of Iran by maintaining internet access. The memorial also encourages Federal representatives to push the United Nations’ investigative mechanism for crimes against humanity committed by Iran and demand the end of unlawful imprisonment and execution in Iran. Finally, the memorial calls for the people of Iran to continue to take to the streets and calls for the unity of all Americans in support of the people of Iran. The memorial calls for copies to be dispatched to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the Florida delegation to the United States Congress. Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal government to act on a particular subject. B. SECTION DIRECTORY: Not applicable. 11 Id. 12 Joint Comprehensive Plan of Action, July,14, 2015, Provision 5.1.1. 13 United Nations News, Iran Removed from UN Commission on the Status of Women (Dec. 14, 2022), https://news.un.org/en/story/2022/12/1131722 (last visited March14, 2023). 14 CNN, Iran expelled from UN commission on women, December 14, 2022. Iran expelled from UN women's rights body | CNN (Last visited March 12, 2023) 15 Id. 16 Id. STORAGE NAME: h0531.LFS PAGE: 4 DATE: 3/17/2023 II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: None. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: None. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: None. D. FISCAL COMMENTS: None. III. COMMENTS A. CONSTITUTIONAL ISSUES: 1. Applicability of Municipality/County Mandates Provision: Not applicable. This memorial does not appear to affect county or municipal governments. 2. Other: None. B. RULE-MAKING AUTHORITY: The memorial neither authorizes nor requires executive branch rulemaking. C. DRAFTING ISSUES OR OTHER COMMENTS: None. IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES