US and Iran Near Electronic Signing of Peace Agreement Facilitated by Pakistan

The term "electronic signature" gained prominence following Pakistan's announcement on Saturday that this digital method would be used to finalize the agreement between the United States and Iran, potentially paving the way to end the conflict between the two nations.

Pakistani Prime Minister Shehbaz Sharif stated that the "peace agreement" between the US and Iran is "closer than ever," noting that Pakistan is preparing for an electronic signing of the agreement's terms, which is expected to be completed within 24 hours. This preceded US President Donald Trump’s clarification that the signing would take place on Sunday.

The use of electronic signatures in the US-Iran agreement raises questions about the differences from traditional signatures, especially since major political agreements often carry symbolic diplomatic weight through conventional signing ceremonies.

Traditional signatures involve manually signing paper documents to confirm agreement, typically used in official treaties during public ceremonies.

In contrast, electronic signatures are digital methods to confirm approval without paper, relying on encryption and digital certificates to verify the signer's identity and ensure document integrity.

In 2000, the US Congress enacted the "Electronic Signatures in Global and National Commerce Act" (ESIGN Act), granting electronic signatures and records legal equivalence to paper documents in commercial transactions within the US and internationally.

The law stipulates that no contract, record, or signature shall be denied legal effect solely because it is in electronic form.

Within the European Union, the eIDAS regulation governs electronic signatures, granting certain types of digital signatures legal equivalence to traditional ones in specific cases, according to the European Commission.

Andrea Stricker, Deputy Director of the Nuclear Nonproliferation Program at the Washington-based Foundation for Defense of Democracies (FDD), stated that there is no practical legal difference between electronic and in-person signatures.

However, she noted that US law still requires that a memorandum of understanding be submitted to Congress within five days of signing.

Speaking to Asharq, Stricker suggested both sides likely prefer to avoid formal signing ceremonies given their hostile relations and ongoing state of war, benefiting from current technology that allows electronic signing, thus bypassing uncomfortable direct meetings.

She also pointed out a key drawback of electronic signing between mistrusting parties: without a signing ceremony or presence in the same room, there is a risk that a signer’s legal or official authority might later be denied.

Stricker added that this concern is probably more pronounced within the Iranian system.

Washington and Tehran are close to electronically signing a memorandum of understanding extending a ceasefire for 60 days, preparing for a "second phase" of technical talks on unresolved issues.

The official document is sent via email, serving as a formal means to avoid photo opportunities or media coverage during a sensitive period, minimizing ceremony. It is simply a mechanism to finalize the agreement without travel or direct meetings, which suits both Iran and the US currently, according to Oliver McTernan, an international conflict resolution expert and co-founder of the UK-based Forward Thinking organization.

Regarding the electronic signing process, McTernan explained that it is very straightforward: the document is signed electronically by inserting the signer's name at the end and recording the signing date instead of a traditional signature on paper.

There are few precedents of major peace agreements between countries officially signed entirely electronically, as is currently discussed for Iran and the US.

However, in recent years, electronic signatures have expanded in government and international commercial transactions and have been adopted by institutions and international organizations for various documents and memoranda of understanding, especially accelerated by the COVID-19 pandemic's push toward digital procedures.

McTernan, who facilitated the first high-level post-conflict talks between NATO and the Belgrade government in 2002, noted a notable precedent in July 2020 when the European Commission and the World Bank electronically signed a financial partnership framework agreement. The Commission described this as the first international agreement signed using its qualified electronic signature system, EU Sign.

He also referenced an earlier precedent: the 1998 electronic signing of a joint statement between the US and the Republic of Ireland on electronic commerce, considered among the earliest electronically signed agreements between sovereign states.

International law and practice regarding treaty-making have increasingly recognized electronic communication and signatures over recent decades, with the United Nations adopting the Convention on the Use of Electronic Communications in International Contracts in 2005.

CNN cited officials and informed sources reporting that the decision to sign the US-Iran memorandum electronically was made in recent hours to expedite the agreement and avoid last-minute complications.

The network reported that President Trump had expressed last week his expectation for an in-person signing in Europe, with Vice President J.D. Vance representing the US, but those arrangements were not finalized.

According to sources, the shift to electronic signing partly reflects logistical and security considerations, as the US President and Vice President do not travel abroad simultaneously to maintain security and administrative continuity.

Trump is preparing to travel to France on Monday morning for the G7 summit, while Vance’s participation in a European signing ceremony would have required complex travel arrangements prior to the President’s departure.

The electronic signing option was proposed to ensure swift completion of the agreement amid concerns among some mediators that delays could introduce new obstacles or cause either party to withdraw.

Political and Diplomatic Implications of Electronic Signing

Western and Iranian experts suggest that the "electronic signature" in the potential US-Iran agreement transcends technical aspects, encompassing political and diplomatic considerations. It allows the agreement to be finalized without joint ceremonies or direct meetings between officials.

This method also offers greater flexibility and speed in completing procedures, especially given the complex relations between Washington and Tehran and the political sensitivities that direct meetings or signings might provoke domestically and internationally.

Oliver McTernan indicated that Iran’s reluctance to hold a direct follow-up meeting with the US Vice President likely stems more from internal political considerations than procedural issues, emphasizing the Iranian leadership’s intent to maintain national dignity and image before its domestic audience.

For his part, Massoud Pour, Director of the Iranian Center for Strategic Studies, told Asharq that electronic signing does not represent a fundamental legal difference from traditional signing but reflects a transitional phase between war and attempts at settlement, with neither side able to secure decisive victory and a shared desire to avoid prolonged conflict.

He added that Washington seeks to accelerate an agreement to mitigate economic consequences such as inflation and the Strait of Hormuz crisis.

Pour also noted that the absence of direct meetings or handshakes results from ongoing hostility and both parties’ desire to avoid politically sensitive scenes, with differing timing and symbolic considerations on each side.

On Saturday, US President Donald Trump announced that the anticipated agreement with Iran is scheduled to be signed on Sunday, asserting that the Strait of Hormuz will be "immediately open to all" following the signing. He emphasized that the new agreement is a "complete opposite" of the nuclear deal negotiated under former President Barack Obama.

Trump stated on the Truth Social platform that the 2015 nuclear deal, known as the Joint Comprehensive Plan of Action (JCPOA), was a "paved and easy road" to nuclear weapons, and that Iran would have obtained such weapons six years ago had it continued.

He described the current negotiations as a "wall" preventing Iran from acquiring nuclear weapons, asserting that Iran "no longer wants nuclear weapons and will not obtain them by purchase, development, or any other means."

Trump confirmed that the agreement does not involve any payments to Iran, stating that "no money will be transferred" under the deal.

He also mentioned that the US will, "in due course and after stabilization," recover remaining nuclear materials buried under Iranian facilities that were bombed, indicating these materials will be downblended and destroyed either in Iran or the US.

The President expressed hope for cooperation with Iran and Middle Eastern countries in the coming phase, anticipating the process to proceed "quickly, easily, and smoothly."

Trump concluded his post by warning that the US retains a "final alternative option" if diplomacy fails, expressing hope it will not be necessary to use it again.

He did not specify the signing mechanism, expected representation at the ceremony, or its location.

Axios reported that the memorandum of understanding is expected to be electronically signed on Sunday after approximately three months of negotiations mediated by Pakistan, Qatar, Egypt, and Turkey.

The website stated that the anticipated agreement could contribute to ending the regional war and help stabilize global energy markets.

Pakistani Prime Minister Shehbaz Sharif posted on X: "We are closer than ever to a peace agreement. With the final text expected within the next 24 hours, Pakistan is preparing for the electronic signing of the peace agreement immediately thereafter, followed by technical talks next week."

Subsequently, Pakistan’s Foreign Ministry confirmed that the electronic signing ceremony is scheduled for Sunday.

Axios quoted US officials and intermediary country sources saying the signing will be virtual primarily for logistical reasons.

A US official said the US and Iran are "very close" to reaching an agreement, with the chances of signing the memorandum rising to between 80 and 85 percent.

Sources added that a main reason is that US Vice President J.D. Vance, leading the US negotiation team, cannot return to the US before Trump departs for the G7 summit in France Monday morning if he participates in an in-person signing ceremony.

US officials indicated that Trump will hold meetings in France on Tuesday with G7 leaders, including Egypt, Qatar, and the UAE.

The official said Trump will also hold separate bilateral meetings with the leaders of Egypt, Qatar, and the UAE on the summit sidelines, focusing on regional opportunities arising after the war with Iran ends.

Participants are also expected to discuss the Strait of Hormuz and British and French efforts to form an international coalition to clear mines and secure navigation there.

Sources from all negotiation parties told Reuters that the memorandum calls for reopening the Strait of Hormuz and lifting the US naval blockade on Iranian ports, with subsequent negotiations on Iran’s nuclear program.

Pakistani Prime Minister Shehbaz Sharif said on Saturday that the US-Iran war-ending agreement is "closer than ever," likely to be completed within 24 hours.

He added that Pakistan is preparing for the electronic signing of the peace agreement between the US and Iran immediately after completion, followed by technical talks next week.

Sharif, leading the mediation efforts, expressed gratitude to the US and Iran for their ongoing commitment during negotiations and thanked regional countries for their support, stating confidence that this historic peace agreement will lay a strong foundation for lasting peace.

In this context, Pakistani Foreign Minister Ishaq Dar welcomed the "encouraging progress toward understanding between the US and Iran" to end the war. He said he spoke with his Swiss counterpart Ignazio Cassis, with the agreement likely to be signed in Geneva.

Dar and Cassis expressed hope that US-Iran efforts will contribute to regional peace and stability, according to a Pakistani Foreign Ministry statement.

Multiple reports suggested the anticipated US-Iran agreement will be signed in Geneva, with senior Pakistani officials expected to travel there to attend the signing ceremony.

The US and Iran indicated on Friday their proximity to an agreement to end the war, with a senior US official stating the sides agreed on preliminary text and Washington expecting the signing in the coming days.

Iranian Foreign Minister Abbas Araghchi said the agreement remains subject to modification but claimed Iran emerged stronger from the war, stating in an interview with Iranian state television: "Iran is the victor in the war with the United States."

Axios revealed that US President Donald Trump informed Israeli Prime Minister Benjamin Netanyahu during a Thursday call that an agreement with Iran might be signed within days.

Although the Trump administration presents the proposed memorandum of understanding as a major diplomatic victory, the agreement establishes a 60-day truce leading to more complex negotiations on sanctions and Iran’s nuclear program that could last months or longer.

According to multiple sources, the proposed memorandum calls for reopening the Strait of Hormuz and lifting the US naval blockade on Iranian ports, with subsequent 60-day nuclear program negotiations.

A US official told reporters on Friday that the agreement achieves Trump’s core objectives and places negotiations in a "very good position."

Drafts of the agreement, according to Western and Iranian sources, indicate the US may release billions of dollars in frozen Iranian assets and ease oil sanctions in exchange for reopening the strait.

However, Araghchi confirmed Iran rejects fully dismantling its nuclear program, preferring the term "reducing highly enriched uranium" rather than complete elimination.

The US official said details on dismantling Iran’s nuclear program remain unresolved and will be discussed after signing the initial memorandum.

The official explained that signing the document will launch 60 days of negotiations to establish practical mechanisms for removing nuclear materials and disabling related facilities.

Iranian civilian and military intermediaries reportedly assured that Supreme Leader Mojtaba Khamenei is "comfortable" with the agreement idea, though no final direct approval from the Supreme Leader has been confirmed.

Nevertheless, it remains unclear whether Iran will later accept US nuclear-related conditions or the duration of such negotiations.

A US official said the US and Iran are "very close" to an agreement, with signing chances between 80 and 85 percent.

The official added that economic benefits will be granted gradually as Iran complies with the agreement’s terms.

"If Iran surrenders its stockpile of highly enriched uranium, it will receive certain financial relief; if it dismantles its nuclear facilities, it will gain further economic benefits," the official said.

However, the official did not specify which nuclear facilities would be dismantled or the number of years Iran would have to suspend uranium enrichment, key negotiation points.

Details on extracting and disposing of Iran’s nuclear fuel stockpile remain unclear, especially since much of it was buried beneath the Isfahan nuclear facility ruins after US bombing a year ago.

Sources told Reuters that war compensation for Tehran and dropping longstanding US demands on Iran’s missile program might be discussed, though the US official denied this.

The US official emphasized that Iran will not receive any funds before fulfilling its commitments, including reopening the Strait of Hormuz, and that there will be no Iranian funding of affiliated groups, describing the agreement as "performance-based."

The official claimed the agreement extends beyond the nuclear issue, potentially leading to a broader regional peace framework.

This framework could include Israel, Lebanon, Gulf states, and Iran, with Iran ceasing support for allied armed groups in exchange for guarantees on its regional sovereignty and security.

Iran would receive economic sanctions relief and a pathway to reintegration into the global economy.

Axios quoted a US official saying Trump told Israeli Prime Minister Netanyahu during a Thursday call that Washington expects to sign an agreement with Iran within days.

Trump reportedly said to Netanyahu: "This is the agreement. It’s a great agreement, and it’s time to end this war."

When Netanyahu entered the war alongside Trump, he did not anticipate it ending this way and had initially believed the war might lead to regime change in Tehran.

Netanyahu stated on Friday that Tel Aviv is not part of the Iran negotiations and will not be involved in the agreement.

While Araghchi hinted the agreement might end Israel’s war in Lebanon and include Israeli withdrawal from occupied southern Lebanese areas, Israeli Defense Minister Yisrael Katz said Israel will not withdraw, asserting Israel will "retain freedom of action." He announced instructions to the military, alongside Netanyahu, to "prepare to prevent Iran from acquiring nuclear weapons" and "maintain the capability to act independently" against Tehran.

Axios reported that some Washington officials believe Netanyahu may act as an obstacle even if the agreement takes effect.

Pakistani Prime Minister Shehbaz Sharif announced reaching a "final agreed text" of the US-Iran peace agreement, signaling progress toward ending the war.

As tensions with Iran escalated earlier in the week, Netanyahu had planned wide-ranging strikes targeting energy and infrastructure facilities but was stopped by Trump at the last moment, according to the US website.

Since then, Netanyahu has been distanced from the details, contacting his Washington allies for updates on Trump’s negotiations with Iran, according to a US official familiar with the file.

Trump’s Thursday post about reaching an agreement reportedly surprised Netanyahu, according to the official.

The US official told reporters: "We believe that when Israelis see the full terms of the agreement and realize Iran must first fulfill its obligations before receiving any benefits, they will feel reassured."