31 C.F.R. § 535.222

Suspension of claims eligible for Claims Tribunal

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(a) All claims which may be presented to the Iran-United States Claims Tribunal under the terms of Article II of the Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran, dated January 19, 1981, and all claims for equitable or other judicial relief in connection with such claims, are hereby suspended, except as they may be presented to the Tribunal. During the period of this suspension, all such claims shall have no legal effect in any action now pending in any court in the United States, including the courts of any state and any locality thereof, the District of Columbia and Puerto Rico, or in any action commenced in any such court after the effective date of this section.

(b) Nothing in paragraph (a) of this section shall prohibit the assertion of a defense, set-off or counterclaim in any pending or subsequent judicial proceeding commenced by the Government of Iran, any political subdivision of Iran, or any agency, instrumentality or entity controlled by the Government of Iran or any political subdivision thereof.

(c) Nothing in this section precludes the commencement of an action after the effective date of this section for the purpose of tolling the period of limitations for commencement of such action.

(d) Nothing in this section shall require dismissal of any action for want of prosecution.

(e) Suspension under this section of a claim or a portion thereof submitted to the Iran-United States Claims Tribunal for adjudication shall terminate upon a determination by the Tribunal that it does not have jurisdiction over such claim or portion thereof.

(f) A determination by the Iran-United States Claims Tribunal on the merits that a claimant is not entitled to recover on a claim or part thereof shall operate as a final resolution and discharge of such claim or part thereof for all purposes. A determination by the Tribunal that a claimant shall have recovery on a claim or part thereof in a specified amount shall operate as a final resolution and discharge of such claim or part thereof for all purposes upon payment to the claimant of the full amount of the award including any interest awarded by the Tribunal.

(g) Nothing in this section shall apply to any claim concerning the validity or payment of a standby letter of credit, performance or payment bond, or other similar instrument that is not the subject of a determination by the Iran-United States Claims Tribunal on the merits thereof. However, assertion of such a claim through judicial proceedings is governed by the general license in § 535.504. A determination by the Iran-United States Claims Tribunal on the merits that a standby letter of credit, performance bond or similar obligation is invalid, has been paid or otherwise discharged, or has no further purpose, or any similar determination shall operate as a final resolution and discharge or Iran's interest therein and, notwithstanding the provisions of § 535.504, may be enforced by a judicial proceeding to obtain a final judicial judgment or order permanently disposing of that interest.

(h) The effective date of this section is February 24, 1981.

(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 14335, Feb. 26, 1981, as amended at 47 FR 29529, July 7, 1982; 56 FR 6546, Feb. 15, 1991]

Notes of Decisions

Cited in 10 cases, 1981–1997 · leading case: Islamic Repub. of Iran, Air Force of the Islamic Repub. of Iran v. The Boeing Co. & Logistics Support Corp., 771 F.2d 1279 (9th Cir. 1985).

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Islamic Repub. of Iran, Air Force of the Islamic Repub. of Iran v. The Boeing Co. & Logistics Support Corp., 771 F.2d 1279 (9th Cir. 1985). · cites it 2× “The accompanying regulation, 31 C.F.R. § 535.222 (g) (1984), while exempting these claims, also provides that “assertion of such a claim through judicial proceedings is governed by the general license in [31 C.”

Harris Corp. v. Nat'l Iranian Radio & Television & Bank Melli Iran, Defendants, 691 F.2d 1344 (11th Cir. 1982). “Supplementary Information, Iranian Assets Control Regulations, “Judicial Action involving standby letters of credit,” to be codified at 31 C.F.R. §§ 535.222 (g) and 535.-504 (July 1, 1982).”

Itek Corp. v. The First Nat'l Bank of Boston, Bank Melli Iran, Itek Corp. v. The First Nat'l Bank of Boston, 704 F.2d 1 (1st Cir. 1983). “31 C.F.R. § 535.222 was amended to provide for the suspension of all claims eligible for submission to the Tribunal, but specifically excluded claims concerning the validity or payment of a standby letter of credit.”

Itek Corp. v. First Nat. Bank of Boston, 511 F. Supp. 1341 (D. Mass. 1981). “In spite of this rather clear and, we believe, correct interpretation of the Iranian Hostage Agreement and subsequent Executive Orders, Bank Melli contends that the precise treatment of standby letters of credit is subject to dispute and therefore should be referred to the…”

Itek Corp. v. First Nat. Bank of Boston, 566 F. Supp. 1210 (D. Mass. 1983). “31 C.F.R. § 535.222 . Section 535.504, which had barred entry of final judgment in any matter affecting interests in blocked assets, was amended to allow entry of final judgment in matters not suspended by section 535.”

Gabay v. Mostazafan Found. of Iran, 968 F. Supp. 895 (S.D.N.Y. 1997). “24, 1981), 31 C.F.R. § 535.222 (1997), which implemented the Algiers Accords between Iran and the United States.”

Am. Int'l Grp., Inc. v. Islamic Repub. of Iran, 657 F.2d 430 (D.C. Cir. 1981). “218 (1981) voids all existing attachments and similar restraints, and new 31 C.F.R. § 535.222 (1981) suspends all judicially-cognizable claims for relief, no section of the new regulations purports to reverse or require the vacation of these judgments on the merits.”

Elec. Data Sys. Corp. Iran v. Soc. Sec. Org. of the Gov't of Iran, 651 F.2d 1007 (5th Cir. 1981). “” See also 31 C.F.R. § 535.222 (a) (1981). The United States argues that, pending litigation of the claim before the Claims Tribunal, the executive order requires the immediate suspension of all proceedings in courts of the United States by EDS against Iran.”

Gulf Ports Crating Co. v. The Ministry of Roads & Transp., an Agency of the Gov't of Iran, 674 F.2d 318 (5th Cir. 1982). “24, 1981) and 31 C.F.R. § 535.222 (a), 46 Fed.Reg. 14335 (Feb.”

Harris Corp. v. Nat'l Iranian Radio & Television & Bank Melli Iran, 645 F.2d 1 (5th Cir. 1981). “See also 31 C.F.R. § 535.222 (g). Second, the provisions requiring the nullification of attachments also do not apply here.”

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