31 C.F.R. § 535.215

Direction involving other properties in which Iran or an Iranian entity has an interest held by any person subject to the jurisdiction of the United States

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(a) Except as provided in paragraphs (b) and (c) of this section, all persons subject to the jurisdiction of the United States in possession or control of properties, as defined in § 535.333 of this part, not including funds and securities owned by Iran or its agencies, instrumentalities or controlled entities, are licensed, authorized, directed and compelled to transfer such properties held on January 18, 1981 as directed after that day by the Government of Iran, acting through its authorized agent. Such directions shall include arrangements for payment of the costs of transporting the properties, unless the possessors of the properties were required to pay such costs by contract or applicable law on January 19, 1981. Except where specifically stated, this license, authorization and direction does not relieve persons subject to the jurisdiction of the United States from existing legal requirements other than those based upon the International Emergency Economic Powers Act.

(b) Any properties subject to a valid attachment, injunction or other like proceeding or process not affected by § 535.218 need not be transferred as otherwise required by this section.

(c) Notwithstanding paragraph (a) of this section, persons subject to the jurisdiction of the United States, including agencies, instrumentalities and entities controlled by the Government of Iran, who have possession, custody or control of blocked tangible property covered by § 535.201, shall not transfer such property without a specific Treasury license, if the export of such property requires a specific license or authorization pursuant to the provisions of any of the following acts, as amended, or regulations in force with respect to them: the Export Administration Act, 50 U.S.C. App. 2403, et seq., the Aims Export Control Act, 22 U.S.C. 2751, et seq., the Atomic Energy Act, 42 U.S.C. 2011, et seq., or any other act prohibiting the export of such property, except as licensed.

(Secs. 201-207, 91 Stat. 1626, 50 U.S.C. 1701-1706; E.O. 12170, 44 FR 65729; E.O. 12205, 45 FR 24099; E.O. 12211, 45 FR 26685; E.O. 12276, 46 FR 7913; E.O. 12279, 46 FR 7919; E.O. 12280, 46 FR 7921; E.O. 12281, 46 FR 7923; E.O. 12282, 46 FR 7925; E.O. 12283, 46 FR 7927, and E.O. 12294, 46 FR 14111) [46 FR 14334, Feb. 26, 1981, as amended at 46 FR 26477, May 13, 1981; 49 FR 21322, May 21, 1984; 66 FR 38554, July 25, 2001]

Notes of Decisions

Cited in 8 cases, 1983–2014 · leading case: Ministry of Def. & Support for Armed Forces of Islamic Repub. of Iran v. Elahi, 556 U.S. 366 (2009).

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Ministry of Def. & Support for Armed Forces of Islamic Repub. of Iran v. Elahi, 556 U.S. 366 (2009). · cites it 2× “” See also 31 CFR § 535.215 (a). None of the four authorities upon which the Ninth Circuit relied indicates the contrary conclusion.”

Rubin v. Islamic Repub. of Iran, 709 F.3d 49 (1st Cir. 2013). · cites it 3× “” 31 C.F.R. § 535.215 (a). Section 535.333, in turn, defines the universe of “properties” unblocked by the 1981 order: “all uncontested and non-contingent liabilities and property interests of the Government of Iran, its agencies, instrumentalities, or controlled entities,…”

Rubin v. the Islamic Repub. of Iran, 456 F. Supp. 2d 228 (D. Mass. 2006). “333 (a) (defining the term “properties” as used in 31 C.F.R. § 535.215 (a)). The regulations go on to specify when a property would be considered “contested” and therefore outside the scope of Exec.”

Rubin v. Islamic Repub. of Iran, 33 F. Supp. 3d 1003 (N.D. Ill. 2014). “at 7,923; 31 C.F.R. § 535.215 (a). OFAC argued that this language applied to the rest of the regulations regarding the transfer of assets such that Iran must actively direct the transfer of an asset or assert ownership in order to render an asset contested.”

Rubin v. Islamic Repub. of Iran, 541 F. Supp. 2d 416 (D. Mass. 2008). “" 31 C.F.R. § 535.215 (a). When Iran demands the transfer of an asset to Iran, the holder is faced with two choices: either return the property to Iran or retain it as "contested” if "the holder .”

E-Sys., Inc. v. United States, 2 Cl. Ct. 271 (Ct. Cl. 1983). “31 C.F.R. §§ 535.215 , 535.-333(a), (b) (1982).”

Ministry of Def. of the Islamic Repub. of Iran v. Gould, Inc., 969 F.2d 764 (9th Cir. 1992). “See 31 C.F.R. § 535.215 (c). Two months after this case was argued, the government submitted a letter to this court under the authority of Federal Rule of Appellate Procedure 28(j), asserting that such a license has been granted by the Treasury Department to respondents.”

Ministry of Def. & Support for the Armed Forces v. Cubic Def. Sys., Inc., 984 F. Supp. 2d 1070 (S.D. Cal. 2013). “31 C.F.R. § 535.215 (2013) (compelling all persons within United States who control Iranian assets to transfer property in compliance with Algiers Accord); 31 C.”

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