page no 657 note 1 16 Weekly Comp. Of Pres. Doc. 611-12 (Apr. 14, 1980).

page no 657 note 2 For the Department of State’s notification to the Embassy of the Islamic Republic of Iran, see ch. 4, §1 infra.

page no 658 note 1 Executive Order 11295, dated Aug. 5, 1966, is a delegation from the President to the Secretary of State of his authority under the act of July 3, 1926 (22 U.S.C. §21 la) to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports. 3 C.F.R., 1966-70 Comp. 570 (1971).

page no 658 note 2 Executive Order 12211 provides in section 1-106:

1 -106. The Secretary of State is delegated, and authorized to exercise in furtherance of the purposes of this Order, the powers vested in the President by Section 2001 of the Revised Statutes (22 U.S.C. 1732), Section 1 of the Act of July 3,1926 (22 U.S.C. 21 la), and Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185), with respect to:

(a) the restriction of the use of United States passports for travel to, in or through Iran; and

(b) the regulation of departures from and entry into the United States in connection with travel to Iran by citizens and permanent residents of the United States.

45 Fed. Reg. 26,685, 26,686 (Apr. 21, 1980).

page no 658 note 3 45 Fed. Reg. 27,600 (Apr. 23, 1980). The notice is to expire at the end of 1 year unless extended or sooner revoked by Public Notice.

page no 658 note 4 Under Executive Order 12172, Nov. 26, 1979, 44 Fed. Reg. 67,947 (Nov. 28, 1979). The authority in question, established by section 215(a)(1) of the Immigration and Nationality Act of 1952,8 U.S.C. 1185, empowers the President to prescribe limitations and exceptions to the rules and regulations governing the entry of aliens into the United States.

page no 658 note 5 45 Fed. Reg. 24,101 (Apr. 9, 1980). The President’s decision to invalidate all visas issued to Iranian citizens for future entry into the United States was announced in connection with his announcement of the break-off of diplomatic relations between the United States and Iran.

page no 658 note 6 45 Fed. Reg. 24,436 (Apr. 9, 1980). In a separate Public Notice issued on April 7, the Assistant Secretary of State for Consular Affairs, Barbara M. Watson, announced that the Secretary of State, acting under the authority conferred by section 221(i) of the Immigration and Nationality Act, 8 U.S.C.1201(i), had revoked all nonimmigrant visas issued to nationals of Iran pursuant to section 101(a)(15)(A) of the act. 45 Fed. Reg. 24,437 (Apr. 9, 1980).

page no 660 note 7 45 Fed. Reg. 26,015 (Apr. 16, 1980). Subsequently, on April 17, 1980, 8 C.F.R. §245.1 was further amended, effective April 11, to include within the exception to ineligibility for adjustment of status a nonimmigrant Iranian national who has applied for asylum (emphasis added). 45 Fed. Reg. 26,947 (Apr. 22, 1980).

page no 660 note 8 In regard to the Secretary’s authority under Exec. Order 12211, see text at note 2 supra.

page no 660 note 9 45 Fed. Reg. 27,600 (Apr. 23, 1980). The notice is to expire at the end of one year unless extended or revoked sooner by Public Notice.

page no 661 note 1 For the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, see S. Exec. Docs. D and E, 95th Cong., 2d Sess. (1978). The two Covenants were submitted to the Senate, together with the International Convention on the Elimination of All Forms of Racial Discrimination and the American Convention on Human Rights as S. Exec. Docs. C,D,E, and F, 95th Cong., 2d Sess. (1978). For a report on the Senate hearings of November 1979 on the 4 human rights treaties, see 74 AJIL 453 (1980).

page no 663 note 2 Dept. of State File No. P80 0056-1357.

page no 664 note 1 Dept. of State File No. P80 0056-1343.

page no 665 note 2 Dept. of State File No. P80 0056-1351.

President Carter informed the Secretary of the Treasury by a separate memorandum, dated April 7, 1980, that, in connection with his decision to close Iranian diplomatic facilities in the United States, he was directing the Uniformed Division of the Secret Service to “ provide any assistance necessary to the Secretary of State and the Attorney General in order to make my decision effective, including control of movement of persons and property into and out of Iranian diplomatic facilities in the District of Columbia.” 16 WEEKLY COMP. OF PRES. DOC. 612 (Apr. 14, 1980).

page no 667 note 1 Dept. of State File Nos. P80 0055-1794, 1798.

page no 667 note 1 The footnotes to Deputy Legal Adviser Atwood’s reply are as follows: a See, e.g., Continental Ore Co. v. Union Carbide and Carbon Corp., 370 U.S. 690, 704-05 (1962); Steele v. Bulova Watch Co., 344 U.S. 280, 287-88 (1952); United States v. Aluminum Company of America, 148 F.2d 416, 444 (2d Cir. 1945). b See Restatement (Second) Foreign Relations Law of the United States §40; Timberlane Lumber Co. v. Bank of America, 549 F. 2d 597, 609 (9th Cir. 1977); K. Brewster, Antitrust and American Business Abroad 339-349, 446-448 (1958). c Article XVIII, para. 1 of the Treaty of Friendship, Commerce and Navigation Between the United States of America and the Federal Republic of Germany, 7 U.S.T. 1839; TIAS 3593; 273 U.N.T.S. 3. d See Calnetics Corp. v. Volkswagen of America, Inc., 353 F. Supp. 1219, 1222 (CD. Cal. 1973), rev’d on other grounds, 532 F.2d 674 (9th Cir. 1976); United States v. R.P. Oldham Co., 152 F.Supp. 818 (N.D. Cal. 1959).

page no 668 note 2 Dept. of State File No. P80 0055-1791.

page no 670 note 1 45 Fed. Reg. 24,099-100 (Apr. 9, 1980).

page no 670 note 2 The President transmitted a copy of Executive Order 12205 to the Congress, in accordance with the provisions of section 401(b) of the National Emergencies Act, Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, 1257, 50 U.S.C. 1641(b). For amendments to the Iranian Assets Control Regulations (31 C.F.R., part 535), implementing Executive Order 12205, which the Department of the Treasury (Office of Foreign Assets Control) issued on Apr. 7, 1980, see 45 Fed. Reg. 24,432-34 (Apr. 9, 1980).

page no 671 note 3 Paragraphs 3, summarizing section 1-101 of Exec. Order 12205, and 4, summarizing section 1-102 thereof, are not reproduced here.

page no 671 note 4 16 Weekly Comp. of Pres. Doc. 614-15 (Apr. 14, 1980).

page no 671 note 5 For amendments to the Iranian Assets Control Regulations (31 C.F.R., part 535), issued by the Department of the Treasury (Office of Foreign Assets Control) to accomplish a census of blocked Iranian assets held by any person subject to the jurisdiction of the United States between Nov. 14, 1979, and Mar. 31, 1980, as well as of claims by U.S. nationals against Iran and Iranian entities, see 45 Fed. Reg. 24,407-30 (Apr. 9, 1980). Sample forms were also included.

page no 672 note 6 45 Fed. Reg. 26,685-86 (Apr. 21, 1980). For the President’ s message to the Congress, transmitting a copy of Executive Order 12211, pursuant to 50 U.S.C. 1641(b), see 16 Weekly Comp of Pres. Doc. 716-17 (Apr. 21, 1980).

page no 672 note 7 4 5 Fed. Reg. 26,940-41 (Apr. 21, 1980). 31 C.F.R. §535.562 and §535.563, as added, read: §535.562 News material. (a)Imports by newsgathering agencies. The purchase and importation of Iranian origin newspapers, magazines, photographs, films, tapes, and other news material or copies thereof by newsgathering agencies in the United States are authorized, without restriction as to method of payment, provided such materials are intended for use in news publication or news broadcast dissemination. (b)Newsgathering activities in Iran by journalists and news correspondents. The following transactions by a journalist or other person who is regularly employed by a newsgathering or transmitting organization who travels to Iran or is within Iran for the purposes of gathering or transmitting news, filming news or making documentary films, or similar activities are authorized: (1) Payment of expenses for travel to, and maintenance within, Iran for the purposes of gathering and transmitting news to the United States; and (2) The acquisition in Iran for transmission to and importation into the United States of newspapers, magazines, photographs, films, tapes, and other news material or copies thereof, necessary for the journalistic assignments. (3) Within 5 days after engaging in the initial transaction with respect to a trip to or stay within Iran covered by this paragraph, the person engaging in the transaction, or the organization by which such person is employed, shall notify the Office of Foreign Assets Control. The notification shall include the name of the person upon whose behalf the general license is being used. Within 5 days after his departure from Iran, any person utilizing the general license shall send a second notification to the Office of Foreign Assets Control that he has departed Iran. §535.563 Family remittances to Iran. (a) Remittances to any close relative of the remitter or of the remitter’s spouse, who is a citizen of Iran and who is a resident of and within Iran, are authorized provided they do not involve any debit to a blocked account and are for the support of the payee and members of his household. (b) The term “close relative” used with respect to any person means spouse, child, grandchild, parent, grandparent, uncle, aunt, brother, sister, nephew, niece, or spouse, widow, or widower of any of the foregoing. (c) The term “member of a household” used with respect to any person means a close relative sharing a common dwelling with such person.