31 C.F.R. § 535.579

Authorization of new transactions concerning certain Iranian property

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(a) Transactions involving property in which Iran or an Iranian entity has an interest are authorized where:

(1) The property comes within the jurisdiction of the United States or into the control or possession of any person subject to the jurisdiction of the United States after January 19, 1981, or

(2) The interest in the property of Iran or an Iranian entity (e.g. exports consigned to Iran or an Iranian entity) arises after January 19, 1981.

(b) Transactions involving standby letters of credit, performance or payment bonds and similar obligations, entered into prior to January 20, 1981, described in § 535.568 remain subject to the prohibitions and procedures contained in §§ 535.201 and 535.568.

(c) Property not blocked under § 535.201 as of January 19, 1981, in which the Government of Iran or an Iranian entity has an interest, which after that date is or becomes subject to the jurisdiction of the United States or comes within the control or possession of a person subject to the jurisdiction of the United States for the express purpose of settling claims against Iran or Iranian entities, is excluded from any authorization in this part for any attachment, injunction or other order of similar or analogous effect and any such attachment, injunction or order is prohibited by §§ 535.201 and 535.203.

(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 14336, Feb. 26, 1981]

Notes of Decisions

Cited in 9 cases, 2002–2015 · 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 3× “” 31 CFR § 535.579 (a). The Algiers Accords also set up an international arbitration tribunal, the Iran-U.”

United States v. All Funds on Deposit With R.J. O'Brien & Assocs., 783 F.3d 607 (7th Cir. 2015). · cites it 2× “Part 535, that are also subject to the general license of 31 C.F.R. § 535.579 , are not blocked assets under the TRIA and therefore are not subject to attachment under that statute.”

Ministry of Def. & Support for the Armed Forces of the Islamic Repub. of Iran v. Cubic Def. Sys., Inc., 665 F.3d 1091 (9th Cir. 2011). “The Iranian Assets Control Regulations, which the United States adopted in response to the seizure of American hostages in Tehran in 1979, block the transfer of certain property in which Iran has an interest.”

Weinstein v. Islamic Repub. of Iran, 299 F. Supp. 2d 63 (E.D.N.Y 2004). · cites it 2× “To implement EO 12282, the OFAC repealed certain provisions of the IACR and promulgated a “general license” authorizing transactions with Iran, codified at 31 C.F.R. § 535.579 . 4 The general license provides: (a) Transactions involving property in which Iran or an Iranian…”

Est. of Heiser v. Islamic Repub. of Iran, 807 F. Supp. 2d 9 (D.D.C. 2011). “Part 535, that are also subject to license of 31 C.F.R. § 535.579 , are not blocked assets under the TRIA”).”

Ministry of Def. & Support for the Armed Forces of the Islamic Repub. of Iran v. Cubic Def. Sys., Inc., 385 F.3d 1206 (9th Cir. 2004). · cites it 3× “Flatow points out that 31 C.F.R. § 535.579 (a)(2) provides that “[transactions involving property in which Iran or an Iranian entity has an *1216 interest are authorized where .”

Flatow, Stephen M. v. Islam Repub Iran, 305 F.3d 1249 (D.C. Cir. 2002). “" 31 C.F.R. § 535.579 . The second regulatory program, the ITR, confirms the broad reach of OFAC's Iranian sanctions programs by establishing controls on Iranian trade, investments, and services.”

Bank of New York v. Rubin, 484 F.3d 149 (2d Cir. 2007). “Part 535, that are also subject to the general license of 31 C.F.R. § 535.579 , are not blocked assets under the TRIA and therefore are not subject to attachment under that statute.”

Ministry of Def. & Support for the Armed Forces v. Cubic Def. Sys., Inc., 984 F. Supp. 2d 1070 (S.D. Cal. 2013). · cites it 4× “1732 (citing 31 C.F.R. § 535.579 (a)). B. Foreign Sovereign Immunities Act of 1976 The Iranian government is protected by sovereign immunity.”

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