[House Document 107-278]
[From the U.S. Government Publishing Office]



                                     

107th Congress, 2d Session - - - - - - - - - - - - House Document 107-278


 
        A REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO IRAN

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

 A SIX-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) AND 50 U.S.C. 1703(c)




  November 12, 2002.--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 prepared by my 
Administration 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 12, 2002.
  Periodic Report on the National Emergency With Respect to the 1979 
                 Iranian Emergency and Assets Blocking

    This report to the Congress covers developments over the 
past 6 months concerning the national emergency with respect to 
Iran that was declared in Executive Order 12170 of November 14, 
1979. It is submitted pursuant to section 204(c) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(c) 
(``IEEPA''), and covers events through September 30, 2002.
    1. There have been no amendments to the Iranian Assets 
Control Regulations, 31 CFR Part 535 (``IACR''), since the last 
report.
    2. The Iran-U.S. Claims Tribunal (the ``Tribunal''), 
established at The Hague pursuant to the Algiers Accords, has 
nearly completed resolution of all of the private claims of 
U.S. nationals against Iran. Its primary focus is now the 
arbitration of claims between the two governments. Since the 
period covered in the last report, the Tribunal has not 
rendered any new awards. Thus, the total number of awards 
rendered by the Tribunal remains 599, the majority of which 
have been in favor of U.S. claimants. As of September 30, 2002, 
the value of awards to successful U.S. claimants paid from the 
Security Account held by the NV Settlement Bank of the 
Netherlands 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, 2002, the total amount in the 
Security Account was $93,246,103.11, and the total amount in 
the Interest Account was $52,583,364.92. Because Iran continues 
to fail to comply, the United States is actively pursuing Case 
No. A/33 to require Iran to replenish the Security Account now 
and in the future. Iran filed a Statement of Defense on August 
30, 2002. We await a scheduling order from the Tribunal.
    The United States also 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.
    3. On July 29, 2002, the United States filed a brief in 
support of its counterclaim against Iran in Case No. B/1, 
Iran's case against the United States arising out of Iran's now 
defunct Foreign Military Sales (``FMS'') program. The brief 
addressed whether the Tribunal has jurisdiction over the 
Counterclaim in Case B/1, and, if so, whether the potential 
recovery of the United States should be limited to an offset of 
any account Iran might recover in the underlying B/1 claims. 
Iran has stated that it will file a reply brief ``as soon as 
possible.''
    4. One U.S. national continues to pursue a claim against 
Iran at the Tribunal. The case has been fully briefed and 
heard, and we are awaiting the Tribunal's decision.
    5. 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, 2002, the Department has 
authorized payments totaling $61,950,000.00 to surviving family 
members of 247 Iranian victims of the aerial incident. The 
Department has also 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 $11,291,052.50 to the Tribunal for payment of 
Iran's share of the Tribunal's operating expenses.
    6. The situation reviewed above continues to implicate 
important diplomatic, financial, and legal interests of the 
United States and its nationals and presents an unusual and 
extraordinary threat 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.