[Congressional Record Volume 140, Number 60 (Monday, May 16, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 REPORT TO CONGRESS RELATIVE TO THE NATIONAL EMERGENCY WITH RESPECT TO 
                IRAN--MESSAGE FROM THE PRESIDENT--PM 113

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs.

To the Congress of the United States:
  I hereby report to the Congress on developments since the last 
Presidential report on November 10, 1993, concerning the national 
emergency with respect to Iran that was declared in Executive Order No. 
12170 of November 14, 1979, and matters relating to Executive Order No. 
12613 of October 29, 1987. This report is submitted pursuant to section 
204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 
1703(c), and section 505(c) of the International Security and 
Development Cooperation Act of 1985, 22 U.S.C. 2349aa-9(c). This report 
covers events through March 31, 1994. My last report, dated November 
10, 1993, covered events through September 30, 1993.
  1. There have been no amendments to the Iranian Transactions 
Regulations, 31 CFR Part 560, or to the Iranian Assets Control 
Regulations, 31 CFR Part 535, since the last report.
  2. The Office of Foreign Assets Control (FAC) of the Department of 
the Treasury continues to process applications for import licenses 
under the Iranian Transactions Regulations. However, a substantial 
majority of such applications are determined to be ineligible for 
licensing and, consequently, are denied.
  During the reporting period, the U.S. Customs Service has continued 
to effect numerous seizures of Iranian-origin merchandise, primarily 
carpets, for violation of the import prohibitions of the Iranian 
Transactions Regulations. The FAC and Customs Service investigations of 
these violations have resulted in forfeiture actions and the imposition 
of civil monetary penalties. Additional forfeiture and civil penalty 
actions are under review.
  3. The Iran-United States Claims Tribunal (the ``Tribunal''), 
established at The Hague pursuant to the Algiers Accords, continues to 
make progress in arbitrating the claims before it. Since my last 
report, the Tribunal has rendered 4 awards, bringing the total number 
to 551. Of this total, 371 have been awards in favor of American 
claimants. Two hundred twenty-three of these were awards on agreed 
terms, authorizing and approving payment of settlements negotiated by 
the parties, and 148 were decisions adjudicated on the merits. The 
Tribunal has issued 37 decisions dismissing claims on the merits and 84 
decisions dismissing claims for jurisdictional reasons. Of the 59 
remaining awards, 3 approved the withdrawal of cases and 56 were in 
favor of Iranian claimants. As of March 31, 1994, the Federal Reserve 
Bank of New York reported the value of awards to successful American 
claimants from the Security Account held by the NV Settlement Bank 
stood at $2,344,330,685.87.

  The Security Account has fallen below the required balance of $500 
million almost 50 times. Until October 1992, Iran periodically 
replenished the account, as required by the Algiers Accords. This was 
accomplished, first, by transfers from the separate account held by the 
NV Settlement Bank in which interest on the Security Account is 
deposited. The aggregate amount transferred from the Interest Account 
to the Security Account was $874,472,986.47. Iran then replenished the 
account with the proceeds from the sale of Iranian-origin oil imported 
into the United States, pursuant to transactions licensed on a case-by-
case basis by FAC. Iran has not, however, replenished the account since 
the last oil sale deposit on October 8, 1992, although the balance fell 
below $500 million on November 5, 1992. As of March 31, 1994, the total 
amount in the Security Account was $212,049,484.05 and the total amount 
in the Interest Account was $15,548,176.62.
  The United States continues to pursue Case A/28, filed last year, to 
require Iran to meet its financial obligations under the Algiers 
Accords.
  4. The Department of State continues to present other United States 
Government claims against Iran, in coordination with concerned 
government agencies, and to respond to claims brought against the 
United States by Iran. In November 1993, the United States filed its 
Consolidated Final Response in A/15(IV) and A/24, a claim brought by 
Iran for the alleged failure of the United States to terminate all 
litigation against Iran as required by the Algiers Accord. In December, 
the United States also filed its Statement of Defense in A/27, a claim 
brought by Iran for the alleged failure of the United States to enforce 
a Tribunal award in Iran's favor against a U.S. national. Because of 
this alleged failure, Iran requested that the United States Government 
be required to pay Iran for all the outstanding awards against U.S. 
nationals in favor of Iran.
  5. As reported in November 1992, Jose Maria Ruda, President of the 
Tribunal, tendered his resignation on October 2, 1992. On December 4, 
1993, Professor Krysztof Skubiszewski was appointed Chairman of Chamber 
Two of the Tribunal, filling the vacancy left by Judge Ruda's 
departure. On February 16, 1994, Professor Skubiszewski also was 
appointed the President of the Tribunal. Before joining the Tribunal 
Professor Skubiszewski served as Minister of Foreign Affairs in Poland 
from 1989 to 1993. He joined the ``Solidarity'' movement there in 1980, 
and served on several councils before becoming Minister of Foreign 
Affairs. In addition to his political experience, Professor 
Skubiszewski has had a long and distinguished academic career in the 
field of international law. He is currently on leave from the Institute 
of Law, Polish Academy of Sciences in Warsaw, and has lectured at 
universities throughout Europe. He is also the author of a number of 
international law publications. In announcing the appointment, the 
Tribunal's Appointing Authority, Charles M.J.A. Moons, emphasized 
Professor Skubiszewski's ``extensive experience in the management of 
state affairs and the conduct of international relations,'' in addition 
to his ``scholarly renown.''
  6. As anticipated by the May 13, 1990, agreement settling the claims 
of U.S. nationals for less than $250,000.00, the Foreign Claims 
Settlement Commission (FCSC) has continued its review of 3,112 claims. 
As of March 31, 1994, the FCSC has issued decisions in 2,538 claims, 
for total awards of more than $40 million. The FCSC expects to complete 
its adjudication of the remaining claims this year.
  7. 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 No. 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. 
Similarly, the Iranian Transactions Regulations issued pursuant to 
Executive Order No. 12613 continue to advance important objectives in 
combating international terrorism. 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.
                                                  William J. Clinton.  
  The White House, May 14, 1994.

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