Donald Trump likely isn’t pleased with Gibraltar.
Late Friday, the Justice Department unsealed a complaint seeking the seizure of the Grace 1, an Iranian tanker detained off Gibraltar last month. The warrant “alleges a scheme to unlawfully access the US financial system to support illicit shipments to Syria from Iran”, a DoJ statement said.
Basically, the US is trying to prevent the vessel – which has been re-flagged to Iran and re-christened the “Adrian Darya 1” – from sailing after Gibraltar decided to release it upon receiving assurances from Tehran that it won’t ultimately find its way to Syria, but rather to port, in the Mediterranean.
Read more: New Iran Drama Beckons As US Moves To Seize Tanker, Houthis Hit Saudis, Tehran Readies Rocket Launch
Well, on Sunday, Gibraltar said it will not be able to go ahead with Washington’s request to keep the tanker detained.
After confirming that it received additional legal assistance requests from the US in support of the Trump administration’s bid to keep the vessel anchored, the Gibraltar Justice Ministry said it cannot seek an order to restrain the tanker.
“[The] inability to seek the Orders requested is a result of the operation of European Union law and the differences in the sanctions regimes applicable to Iran in the EU and the US”, the ministry remarked, adding that “the EU sanctions regime against Iran — which is applicable in Gibraltar – is much narrower than that applicable in the US”.
In other words, Europe isn’t going to just roll over and allow the Trump administration to effectively demand that other nations impose America’s sanctions regime.
Trump has threatened to slap anyone who deals with the ship with penalties and Iran says it will escort the ship once it leaves Gibraltar if that’s what’s necessary. “We have no intention of sending a flotilla to Gibraltar, but we are ready to do so to escort the Grace 1 back to Iran’s territorial waters”, Admiral Hossein Khanzadi said Sunday.
The vessel sailed shortly after midnight, according to Iranian Al-Alam state television.
Invariably, the US State department will lament this as a “lost opportunity” to send a message to Iran and it’s entirely possible that the White House will see this as a strike against Boris Johnson’s fledgling government ahead of expected trade talks following Brexit (assuming Brexit ever happens).
At the least, this won’t do anything to improve relations between the Trump administration and America’s allies across the pond.
Official notice from Gibraltar
Further Mutual Legal Assistance Requests from the United States of America – 604/2019
AUGUST 18, 2019
Her Majesty’s Government of Gibraltar can confirm that the Gibraltar Central Authority for matters relating to International Mutual Legal Assistance (namely, the Ministry for Justice) received a Supplemental Mutual Legal Assistance request from the US on 16th August 2019 providing further information in support of its application for the restraint of the departure from Gibraltar of the Grace 1 and its cargo of oil, in anticipation of forfeiture proceedings to be commenced in the United States.
The Gibraltar Central Authority is unable seek an Order of the Supreme Court of Gibraltar to provide the restraining assistance required by the United States of America.
The Central Authority’s inability to seek the Orders requested is a result of the operation of European Union law and the differences in the sanctions regimes applicable to Iran in the EU and the US.
The EU sanctions regime against Iran — which is applicable in Gibraltar – is much narrower than that applicable in the US.
The Gibraltar Central Authority for Mutual Legal Assistance enjoys a close working relationship with the equivalent authorities around the globe, in particular with the authorities of the United Kingdom, the Member States of the European Union and the United States.
Gibralter has defied Spain for centuries. Why change now?
Since Trump can’t buy Greenland, maybe he should make Gibralter an offer for their primo real estate.