[In interviews with more than 20 government officials,
business executives and analysts in Europe , the United States and Iran , the business opportunities in Iran were described as seductive but uncertain — made more so
by the United
States ’
decision to leave many of its sanctions in place.]
European brands, a French
appliance executive says.
Credit Vahid Salemi/Associated
Press
|
PARIS — Before the
ink was even dry on the Iran nuclear
deal, European leaders and executives were heading to the airport to
restart trade with an Iranian market described in almost feverish terms as “an
El Dorado” and potential “bonanza.”
Despite
the hints of a gold rush, however, the probable opening of Iran’s
market holds substantial risks for businesses, and makes it more complicated
diplomatically to pull back anew if Iran again pursues the capacity to make a
bomb.
Perhaps
most important, the United States — virtually alone — is largely missing as an economic
player. The nuclear agreement does little to lift a raft of American sanctions
stemming from Washington ’s listing
of Iran as a state sponsor of terrorism and violator of human rights.
In
addition to the hard-won terms of the accord, the lure of the Iran market was no doubt one factor that European nations and
the United States weighed in deciding to support a deal.
In
interviews with more than 20 government officials, business executives and
analysts in Europe , the United States and Iran , the business opportunities in Iran were described as seductive but uncertain — made more so
by the United
States ’
decision to leave many of its sanctions in place.
“It’s
not every day a big potential market with an emerging middle class comes onto
the scene,” said Philip Gordon, the White House coordinator for the Middle East
for the last two years and now at the Council on Foreign
Relations.
But he cautioned, “Countries are going to take a deep
breath before they walk back into Iran .”
Particularly
worrying for the Europeans are the agreement’s so-called snapback provisions.
They could allow Washington, or any signatory, to quickly reimpose sanctions
for all in case of a perceived Iranian violation, even after businesses have
committed billions of euros.
While
the deal contains a grandfather clause protecting investments made before any
complaints of violations, there is much uncertainty about how it would work in
practice.
No
sanctions have been lifted yet — that is most likely at least six months away.
But even given the risks, the Europeans have decided that the pros outweigh the
cons, and have quickly begun laying the groundwork for business. They are
starting far ahead of the United States , because European governments have maintained relations
with Iran during the more than three decades since the Americans
severed ties over the 1979 hostage crisis.
For the
Europeans, the nuclear agreement has the potential to reopen a rare market of
some 75 million people that was long prized before European nations joined the
broader sanctions against Iran in 2012.
As recently as 2011, the European Union imported 17
billion euros, or $18.7 billion, in Iranian goods and exported €10.5 billion,
according to the European Union’s Directorate-General for Trade.
“The
Europeans have done their homework,” said Ellie Geranmayeh of theEuropean Council on
Foreign Relations. “Politically, there is no diplomatic freeze
between European member states and Iran .”
“For the
past 35 years, the Europeans have had a contact base in Iran ,” she added. “They are not reinventing the wheel.”
Some United States sanctions will be lifted under the nuclear accord. The
most important are known as “secondary sanctions,” meaning penalties imposed on
foreign entities that did business with Iran .
Such
sanctions have been used to fine banks, including BNP
Paribas, a French bank that was hit with
an $8.9 billion penalty in
June 2014 for conducting banned transactions with Iran , Sudan and Cuba .
The only
American exceptions to the trade sanctions are for civilian aircraft — a boon
to companies like Boeing — and for overseas subsidiaries of American companies.
Those subsidiaries can apply for a license to do business with Iran .
Even
with those exceptions, only a small group of companies will benefit, lawyers
and policy experts say, and American businesses could ultimately push for more
sanction relaxation in order to better compete with their European
counterparts.
“We have
lots of clients calling us and saying, ‘When can we go to Iran ?’ ” said Stephen J. McHale, a partner at Squire
Patton Boggs, a law firm in Washington with a large trade practice.
“The
answer is, ‘You can’t,’ and even if you fall into the small category of those
who can, it will be at least six months and it will be quite difficult for you
as a U.S. person or business,” Mr. McHale said.
European
companies that are trying to figure out how to do business with Iran say they are particularly worried about the snapback
provision because they are unsure how it will work. If a business is committing
hundreds of millions, if not billions, of euros to multiyear projects that
involve building infrastructure and making capital investments, it wants some
assurance that sanctions will not terminate those projects.
“Oil companies will need long-term financing from banks
to go into Iran , and they need certainty,” said Harry Tchilinguirian,
the global head of commodity markets strategy for BNP
Paribas.
“What happens in the case of the sanctions snapback? What
kind of collateral do you ask for in the case of snapback?” he added.
Mr.
Gordon of the Council on Foreign Relations suggested that the drafters
purposely left room for interpretation in the snapback provision. He noted that
not all sanctions would necessarily be reapplied.
The
accord stipulates, for instance, that renewed sanctions would “not apply with
retroactive effect” to contracts signed before a potential violation is
flagged. European companies and governments could argue that contracts signed
now would be excluded from any future sanctions.
The State
Department did not respond to requests for clarification.
Fereydoun
Khavand, a French-Iranian professor of economics and law at L’Université Paris
Descartes, said Iran ’s first priority would be to modernize its oil exploration and exploitation
infrastructure, potentially to the tune of $185 billion in new investments,
according to recent statements by Iranian officials.
Other
areas are petrochemicals and tourism. Iran is negotiating with Accor, a French hotel chain, among
others, to build new hotels to expand tourism, said several business experts.
Peugeot,
one of France ’s premier car companies, confirmed last week that it was
well along in discussions with a presanctions partner, the Iranian auto company
Khodro, to build cars in Iran and transfer French technology. Iran had been Peugeot’s second-largest market outside France before the economic sanctions.
The
company, which had been active in Iran since the 1950s, did as much as 50 million euros of
business a year in Iran before the sanctions.
“Iran could be the size of Turkey or Spain ” as a market for household goods, Mr. Verwaerde said,
noting that it has a large middle class, educated women who want high-quality
European brands, and a tradition of entertaining at home.
In Germany , the petrochemical company BASF and the industrial giant
Siemens, which helped to build one of Iran ’s first railroads in the 1920s and 1930s, are looking to
return. The same goes for ThyssenKrupp, a German steel and machine
conglomerate, which had done business in Iran for more than 30 years until the sanctions.
Oil
companies like Total, Royal Dutch Shell and British Petroleum also want to
return. But they are balancing the allure of potential profits against the
future uncertainties, said Mr. Tchilinguirian, the BNP
Paribas executive.
“What you are seeing is corporate oil diplomacy taking place,” he said.
“That doesn’t mean we’ll have an immediate breakthrough.”
Reporting
was contributed by Elisabetta Povoledo in Rome ; Katarina Johannsen in Berlin ; Stanley Reed in London ; and Elian Peltier in Paris .