Odette CaplanPresident Donald Trump is publicly contrasting any new agreement with Iran against former President Barack Obama's 2015 Joint Comprehensive Plan of Action, framing the current negotiations as the opposite of the deal Obama signed. The comparison dominated cable news the last week of May 2026 as Trump administration officials briefed reporters on a draft framework. Ben Rhodes, the former Deputy National Security Advisor under Obama, has been the most visible defender of the original JCPOA on the airwaves.
For most Americans, the Iran negotiation is a foreign policy debate. For US business owners with international supply chains, dual-national employees, or any exposure to the Middle East, the difference between the two deals is a compliance question that triggers immediate legal obligations. Here is what a sanctions attorney would tell a small or mid-sized US business owner watching the news cycle.
Why the Iran Deal Question Is Really a Sanctions Compliance Question
The 2015 JCPOA lifted certain US secondary sanctions on Iran in exchange for nuclear program limits. The first Trump administration withdrew the United States from the deal in 2018 and reimposed those sanctions, plus added new ones. Most of those restrictions remain in force in 2026, administered by the Treasury Department's Office of Foreign Assets Control (OFAC).
A new agreement — whatever its terms — would change the OFAC sanctions list. That changes what US businesses can and cannot do, often with very short notice and significant civil penalties for violations. The full current sanctions program is published by Treasury at home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/iran-sanctions.
Five Compliance Areas Every US Business Should Review Now
A sanctions attorney working with US companies typically walks through five immediate compliance areas any time the Iran sanctions framework is in flux.
1. Secondary Sanctions Exposure for Non-US Subsidiaries
US sanctions reach far beyond US borders. A non-US subsidiary of a US-parent company is generally subject to US sanctions law as if it were a US person. Mid-sized US manufacturers with European or Asian subsidiaries often discover that a sales contract their foreign subsidiary signed with a third-country buyer triggers US sanctions liability if the goods ultimately ship to Iran.
2. Banking and Payment Processing
US-dollar transactions clear through the US financial system, which means any payment denominated in USD touches US sanctions law regardless of where the parties are located. US banks routinely block transactions with even tangential Iran connections. A US business that receives a wire from a counterparty later determined to have indirect Iran exposure can have funds frozen for months pending OFAC review.
3. Employee and Visa Compliance
US export control rules restrict the transfer of certain technology to Iranian nationals, including dual nationals working at US companies. The deemed export rule treats granting access to controlled technology by an Iranian national in the United States as an export to Iran. A small US tech company that hires an Iranian-born engineer without checking the underlying export control posture of its codebase can incur significant penalties.
4. Third-Party Due Diligence
OFAC expects US businesses to know their customers, vendors, and ultimate beneficial owners. The "OFAC List" is updated frequently. A counterparty that is clean today can be designated tomorrow, and a US business that fails to maintain ongoing screening can be cited for inadequate compliance.
5. Voluntary Self-Disclosure
When a US business discovers a potential sanctions violation, voluntary self-disclosure to OFAC typically reduces civil penalties by 50 percent or more. The window to self-disclose is narrow — once OFAC opens an inquiry independently, the discount disappears. A sanctions attorney can guide the disclosure process to maximize mitigation.
How a Change in the Deal Affects Compliance
If the new Trump-Iran framework loosens any current restrictions, US businesses may be tempted to immediately resume business with Iranian counterparties. They should not. The lifting of US sanctions typically requires formal OFAC action — a General License or specific license — that comes weeks or months after the political announcement.
Conversely, if the new framework tightens restrictions or expands the OFAC designations list, US businesses with existing Iran-related contracts need to review the contracts for sanctions termination clauses, wind-down provisions, and force majeure language. Contracts negotiated years ago often do not contemplate a sanctions snapback and leave the US party exposed to either continued performance in violation of US law or contract breach litigation.
What a Sanctions Attorney Actually Does
A qualified international trade and sanctions attorney typically handles five things at once. They build the compliance program — written policies, training, screening procedures. They review existing contracts for sanctions clauses. They run due diligence on counterparties before deals close. They handle OFAC license applications when business activity requires a specific authorization. And they manage the voluntary disclosure process when a potential violation is identified.
The cost of this work scales with business size, but a baseline compliance program for a mid-sized US business typically runs $25,000 to $75,000 in year one, with much lower ongoing maintenance costs. The cost of an OFAC penalty for an inadvertent violation regularly exceeds $1 million.
The Iran deal debate playing out on cable news in May 2026 is, for US business owners, a quiet but expensive question of which compliance posture is correct on Monday morning. A qualified sanctions attorney can review your business's specific exposure and recommend the next concrete step before the framework is finalized.
This article is general information and does not constitute legal advice. Speak with a licensed attorney about your specific situation.
