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H.Doc.107-149 EXTENSION OF NATIONAL EMERGENCY ...
107th Congress, 1st Session - - - - - - - - - - - House Document 107-148 6-MONTH PERIODIC REPORT ON THE NATIONAL EMERGENCY REGARDING IRAN __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting A 6-MONTH PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO IRAN THAT WAS DECLARED IN EXECUTIVE ORDER 12170 OF NOVEMBER 14, 1979, PURSUANT TO 50 U.S.C. 1641(c) <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> November 13, 2001.--Message and accompanying papers referred to the Committee on International Relations and ordered to be printed To the Congress of the United States: As required by section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c), I transmit herewith a 6-month periodic report on the national emergency with respect to Iran that was declared in Executive Order 12170 of November 14, 1979. George W. Bush. The White House, November 9, 2001. President's Periodic Report on the National Emergency With Respect to the 1979 Iranian Emergency and Assets Blocking I hereby report to the Congress on developments over the past six months concerning the national emergency with respect to Iran that was declared in Executive Order 12170 of November 14, 1979. This report is submitted pursuant to section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c) (``IEEPA''). This report covers events through September 30, 2001. 1. On July 25, 2001, the Iranian Assets Control Regulations, 31 CFR Part 535 (``IACR'') (66 FR 38553), were amended to conform certain provisions relating to custodians of property in which Iran has an interest to rulings of the Iran- United States Claims Tribunal (``the Tribunal''). In particular, the regulations state that obligations or liens on property do not disqualify the property from IACR requirements that the property be returned to Iran if the property is otherwise subject to the requirements of the IACR. A copy of the amendment is attached. 2. The Tribunal, established at The Hague pursuant to the Algiers Accords, continues to make progress in arbitrating the claims before it. Since the period covered in the last report, the Tribunal has rendered one award. This brings the total number of awards rendered by the Tribunal to 599, the majority of which have been in favor of U.S. claimants. As of September 30, 2001, the value of awards to successful U.S. claimants paid from the Security Account held by the NV Settlement Bank was $2,515,743,535.71. Since the last report, Iran continues to fail to replenish the Security Account established by the Algiers Accords to ensure payment of awards to successful U.S. claimants. Thus, since November 5, 1992, the Security Account has continuously remained below the $500 million balance required by the Algiers Accords. As of September 30, 2001, the total amount in the Security Account was $93,246,103.11, and the total amount in the Interest Account was $49,224,241.14. On December 19, 2000, the Tribunal issued its decision in Case No. A/28, holding that Iran has been in non-compliance with its replenishment obligation since late 1992. The Tribunal declined to issue an order directing Iran to replenish the Security Account but stated its expectation that Iran would comply with its obligation. Because Iran continues to fail to comply, on August 30, 2001, the United States submitted a Request for an Order that Iran Replenish the Security Account. On September 17, 2001, the Tribunal dismissed this Request. The United States continues to pursue Case No. A/29 to require Iran to meet its obligation of timely payment of its equal share of advances for Tribunal expenses when directed to do so by the Tribunal. On January 4, 2001, the United States filed a challenge to the continued tenure of Bengt Broms of Finland as a member of the Tribunal because of justifiable doubts of the United States about Judge Broms' impartiality and independence and his unfitness to serve. This challenge was denied by the Appointing Authority on May 7, 2001. The decision, however, noted Judge Broms' ``most serious error'' and cautioned that ``repetition in a future case could do great harm to the usefulness of the Tribunal's deliberations.'' 3. The Department of State continues to process payments to implement the February 22, 1996, settlement agreement related to the Iran Air case before the International Court of Justice and Iran's bank-related claims against the United States before the Tribunal. As of September 30, 2001, the Department has authorized payment to U.S. nationals totaling $17,721,549.19 for 58 claims against Iranian banks. In addition, since November 1998, the Department has authorized transfer of $9,539,973.00 to the Tribunal for payment of Iran's share of the Tribunal's operating expenses. The Department has also authorized payments to surviving family members of 247 Iranian victims of the aerial incident, totaling $61,350,000.00. On September 26, 2001 the United States filed a 57-volume Response of the United States to Claimant's Brief and Evidence in Cases Nos. A/15(II:A), A/26 and B/43. In these consolidated cases, Iran claims the United States breached the Algiers Accords by failing to arrange for the transfer to Iran of allegedly Iranian property in the hands of private individuals and entities in the United States or otherwise subject to U.S. jurisdiction. Subsequent to the previously reported Partial Award in Case No. A/11 (April 7, 2000), Iran has requested that the Tribunal order the United States to conduct a search of the files of an unspecified number of offices of the United States Government for any documents or information pertaining to financial transactions involving sixty individuals who had been named in Iran's litigation in U.S. courts. The United States filed its opposition to Iran's request on September 28, 2001. 4. U.S. nationals continue to pursue claims against Iran at the Tribunal. Since the last report, the Tribunal has issued an Award on Agreed Terms in Avco Corp. v. Iran Aircraft Industries, et al., AWD 599-261-3, confirming a settlement agreement signed by the parties on May 31, 2001. 5. The situation reviewed above continues to implicate important diplomatic, financial, and legal interests of the United States and its nationals and presents an unusual challenge to the national security and foreign policy of the United States. The Iranian Assets Control Regulations issued pursuant to Executive Order 12170 continue to play an important role in structuring our relationship with Iran and in enabling the United States to implement properly the Algiers Accords. I shall continue to exercise the powers at my disposal to deal with these problems and will continue to report periodically to the Congress on significant developments. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
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