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Federal R eserve Ba n k of D allas DALLAS, T EXA S 75222 Circular No. 81-110 June 3, 1981 IRANIAN ASSETS CONTROL REGULATIONS Amendments TO ALL MEMB E R BANKS IN THE ELEVENTH FEDERAL RESERVE DISTRICT: The Office of Foreign Assets Control is amending the Iranian Assets Control Regulations. The needs and purposes of the amendments are outlined in detail in the copies of the Federal Register documents which a re printed on the following pages. The effective date of the a mendments was May 8, 1981. Questions regarding the a mendments should be directed to Raymond W. Konan, Chief Counsel, Office of Foreign Assets Control, Department of the Treasury, Washington, D.C. 20220, (202) 376-0236. Si n c e r e l y yours, Will i a m H. Wallace First Vice President B a n k s a n d o th e r s a r e e n c o u r a g e d to use th e fo llo w in g in c o m in g W A T S n u m b e r s in c o n t a c t in g th is B ank: 1 -8 00-442-7140 (in tr a s t a te ) a n d 1-800-527 -920 0 (in te r s ta te ). For c a lls p la c e d lo cally, p l e a s e u s e 651 plus th e e x te n s io n referred to ab ove. This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org) 2 D E P A R T M E N T OF THE TREASURY O F F I C E OF FOREIGN ASSET S CONT ROL 31 C FR PART 535 IRANIAN A S S E T S CON TRO L REGULATIONS Cl ari f i c a t i o n and Corrections AGENCY: O ffi ce of Foreign Assets Control, Department of the Treasury. ACTION: Final Rule SUMMARY: The O ffi ce of Foreign Assets Control is amending the I r a n ian A s set s Control Regulations. The purposes of the amen dme nts are to make the substance of paragraph 535.214, 1981, (c) of section as published in the Federal Register on February 26, apply e qually to sections 535.213, 535.214 and 535.215; to amend sections 535.218 and 535.504 by adding an extension of certain licenses and clarifying provisions; to amend sections 535.218 and 535.504 to null ify existing attachments and bar future at tachments on standby letters of credit, performance bonds and similar obligations; error and to correct a typographical in item 25 of the amendments to the Regulations which appeared in the Federal Register on February 26, 1981. The need for p aragraph (c) in sections 535.213 and 535.214 and a similar new paragraph (b) for section 535.215 is to e xe mpt p r o p e r t y or pr o p e r t i e s from the transfer requirements if they are sub jec t to a pr e - f r e e z e attachment, p r o c e edi ng or process. 535.218 and 535.504 injunction or other like The need for the amendments of sections is to m a k e clear that these sections a ppl y to 3 specified types of pro per ty and to n u l l i f y existing a t t a c h m e n t s and pr ohi bit future attachments on sta ndb y letters of credit, pe rfo r m a n c e bonds and similar obligations. The effects of the amendments are that the meani ng of the sections is clarified, controls are imposed, n ew an exte nsi on of c e r ta in licenses for the o p e rat ion of blocked accounts is given and certain e rrors in the text of the Regulations are corrected. MAY 8 EFFECT IVE DATE: 1981 F OR F U R THE R INFORMATION CONTACT: Raymond W. Konan, Ch i e f Counsel, Of fice of Foreign Assets Control, Treasury, Washington, D.C. 20220, Tel. S UP PL E M E N T A R Y INFORMATION: foreign affairs function, Proced ure Act, rulemaking, 5 U.S.C. De partment of the (202) 376-0236. Since the Regulat ion s involve a the pro visions of the A d m i n i s t r a t i v e 553, requiring notice of p rop ose d opportunity for public p a r t i c i p a t i o n and de l a y in effe cti ve date are inapplicable. Similarly, because the amendment is issued with respect to a foreign affairs function of the United States, it is not sub jec t to Execu tiv e Order 12291 of February 17, 1981, dealing w ith federal regulations. 31 C F R Part 535 is amended as follows: 1. W i t h an identical paragraph (c), sections 535.213 and 535.214 read as follows: Sect ion 535.213 (a) Direction involving p rop e r t y held by O f f i c e s of banks in the U.S. in w hic h Iran or an Iranian entity has an i n t e r e s t . An y branch or office of a bank, w h i c h branch or o f fic e is located within the United States and is, on the e f fe cti ve date of this section, either (1) in possession of funds or sec u r i t i e s 4 l e g a l l y or b e n e f i c i a l l y owned by the Government of Iran or its agencies, instrumentalities or controlled entities, or (2) c a r r y i n g on its books deposits standing to the credit of or b e n e f i c i a l l y owned by such go ver nme nt or its agencies, in s t r u m e n t a l i t i e s or controlled entities, authori zed ^ d ire c t e d and compelled to transfer such funds, s e c u r i t i e s and deposits, in terest rates, is licensed, held on J a n ua ry 19, 1981, including from Nov emb er 14, 1979, at com mercially reasonable to the Federal Reserve Bank of N e w York, of the U.S., as fiscal agent to be held or transferred as directed by the S e c r e t a r y of the Treasury. (b) paragraph T r a n s f e r s of funds, securities or deposits under (a) of this section shall be in accordance with the p r o v i s i o n s of section 535.221 of this part. (c) Any funds, a tt ach men t, securities or deposits subject to a valid injunction or other like proceeding or process not af fec t e d by section 535.218 need not be transferred as otherwise re qu i r e d by this section. S e c t i o n 535.214 (a) Direction involving other financial assets in which Iran or an Iranian entity has an interest held by any person subject to the jurisdiction of the United S t a t e s . A n y p e rso n subject to the jurisdiction of the Un ited S t a t e s wh i c h is not a banking institution and is on January 19, 1981, in po s s e s s i o n or control of funds or securities of Iran or its agencies, licensed, instrumentalities or controlled entities is authorized, directed and compelled to transfer such funds or se cur iti es to the Federal Reserve Bank of New York, as 5 fiscal agent of the U.S. to be held or transferred as d i r e c t e d by the Secretary of the Treasury. However, such funds and securities need not be transferred until any disputes (not relating to any attachment, injunction or similar order) as to the entit lem ent of Iran and its en tit ies to them are resolved. (b) paragr aph T r ans fer s of funds, securities or deposits under (a) of this section shall be in accordance w i t h the prov isions of section 535.221 of this part. (c) A n y funds, attachment, securities or dep osi ts subject to a v ali d injunction or other like pr oceeding or proc ess not affected by section 535.218 need not be transferred as oth e r w i s e required by this section. 2. (b). Section 535.215 is amended by the addition of a new parag rap h As amended, secti on 535.215 reads as follows: Section 535.215 (a) (b) Direction involving other p rop erties in which Iran or an Iranian entity has an interest held by any person subject to the jurisdiction of the United S t a t e s . * * * A n y p r o p e rti es subject to a valid attachment, injunction or other like proceeding or process not affected b y section 535.218 need not be transferred as otherwise required by this section. 6 3. Sec tio n 535.218 of p a r a g r a p h As amended, (e) is amended by the re vision of the title and and the addition of n e w pa ragraphs All Prohibitions and nullif ica tio ns with respect to property described m sections 535.211, 535.212, 535.213, 535.214 and 535.215 and standby letters of c r e d i t . licenses and authorizations for acquiring or exer cis ing any right, power or privileg4, attachment, (g). sect ion 535.218 reads as follows: Se c t i o n 535.218 (a) (f) and or otherwise, by court order, including the license contained in section 535.504 wit h respect to the p r o p e r t y described in sections 535.211, 535.212, 535.213, 535.214 and 535.215 are revoked and withdrawn. (b) Al l rights, powers and privileges p ro p e r t y d e s c r i b e d relating to the in sections 535.211, 535.212, and 535.215 and which derive from any attachment, 535.213, 535.214 injunction, or other like p r o c e e d i n g s or process, or other action in any li tig ati on after November 14, 1979, at 8:10 a.m., e.s.t., including those derived from section 535.504, other than rights, powers and pr i v i l e g e s of the Government of Iran and its agencies, i n s t r u m e n t a l i t i e s and controlled entities, whether acquired by court order or otherwise, are nullified, and all persons claiming any such right, power or privilege are hereafter barred from exercising (c) the same. All pers ons subject to the jurisdiction of the United States are p r o h i b i t e d power, or pri vil ege , respect to p r o p e r t y in sections 535.211, from acquiring or exercising any right, whether by court order or otherwise, with (and any income earned thereon) 535.212, referred to 535.213, 535.214 and 535.215. 7 (d) Th e prohibitions contained in p a r a g r a p h section shall not apply to Iran, its agencies, (c) of this inst rum ent ali tie s or controlled entities. (e) Para gra ph (a) of this section d o e s not revoke or w i t h d r a w specific licenses authorizing the o p e r a t i o n of b l o c ked accounts w h i c h were issued prior to J a n u a r y 19, 1981, and whic h do not relate to litigation. Such licenses shall be d eem ed to be revoked as of May 31, 1981, unless extended by general or specific license issued subsequent to F e b r u a r y 26, 1981. (f) T h e provisions of paragraphs (a) , (b) and (c) of this section shall apply to contested and con t i n g e n t liabilities and p r o p e r t y interests of the G ove rnment of Iran, instru men tal iti es or controlled entities, (g) its agencies, including debts. All existing attachments on st and by letters of credit, p e r f o r m a n c e bonds and similar obligations and on substitute blocked accounts established under section 535.568 relating to stan dby l etters of credit, performance bonds and similar o bl iga tio ns are nullified and all future at t a c h m e n t s on them are hereafter prohibited. All rights, powers and priv ile ges relating to such attachments are nullified and all p e r s o n s hereafter are barred from asserting or exercising any rights, powers or p r i v ile ges derived therefrom. 3. Se cti on 535.504 is amended by the ad dit ion of new par a g r a p h (c) the relet ter ing of former paragraph (c) as paragr aph (d) and 8 the addition of a new paragr aph (3). As amended, sec tio n 535.504 reads: Section 535.504 (a) Cert ain judicial proceedings with respect to prope rty of Iran or Iranian e n t i t i e s . Subje ct to the limitations of paragraphs (b) and (c) of this section and s e c tio n 535.222, judicial procee din gs are authorized with respect to proper ty in which on or after 8:10 a.m., e.s.t., No vem ber 14, 1979, there has existed an interest of Iran or an Iranian entity. (b) This section does not authorize or license: (1) Any p r e -j udg men t attachment or any other pro cee din g of similar or analogous effect pertaining to any pro per ty income earned thereon) 535.211, 1981, 535.212, including, (and any subject to the provisions of sections 535.213, 535.214 and 535.215 on J a n u a r y 19, but not limited to, a temporary restraining order or p r e l i m i n a r y injunction, which operates as a restraint on property, for pu rpo ses of holding it within the ju risdiction of a court, or otherwise; (2) A n y pay men t or delivery out of a blocked account based u pon a judicial proceeding, pertaining to any pro per ty subject to the provi sio ns of section 535.211, 535.212, 535.213, 535.214 or 535.215 on J a n u a r y 19, 1981; (c) For p urp o s e s of this section, contested and contingent li abi lit ies and p r o p e r t y interests of the Government of Iran, agencies, debts, instrumentalities, or controlled entities, its including shall be deemed to be subject to section 535.215. (d) A judicial proceeding is not authorized by this section g if it is based on transactions which violated the pr ohi bitions of this part. (e) Judicial proceedings to obtain attachments on standby letters of credit, performa nce bonds or similar obligations and on substitute blocked accounts established under section 535.568 relating to standby letters of credit, performance bonds and similar obligations are not authorized or licensed. 5. Amend men t No. 25 of the amendments to the Regulations publ ish ed at 46 FR 14337 on February 26, 1981, is amended to corr ect the erroneous inclusion of section 535.332 in the list of revoked sections. amended, 25. item No. There has never been a section 535.332. As 25 reads: Part 535 is amended by the revocation of sections 535.204, 535.206, 535.207, 535.209, 535.331, 535.418, 535.419, 535.422, 535.423, 535.424, 535.425, 535.426, 535.427, 535.428, 535.429, 535.430, 535.431, 535.432, 535.550, 535.562, 535.563, 535.572, 535.574, 535.575, 535.577, 535.578, and 535.603. Section 535.204 [Revoked] Section 535.206-207 [Revoked] Section 535.209 [Revoked] Section 535.331 [Revoked] Section 535.418 [Revoked] Section 535.419 [Revoked] Section 535.422-432 [Revoked] Section 535.550 [Revoked] Section 535.562 [Revoked] Section 535.563 [Revoked] 10 S e c t i o n 535.572 [Revoked] S e c t i o n 535.574 [Revoked] S e c t i o n 535.575 [Revoked] S e c t i o n 535.577 [Revoked] S e c t i o n 535.578 [Revoked] S e c t i o n 535.603 [Revoked] Dated: ttk Y 8 Ibo I Dennis M. O'Connell Director Approved: Jx ^ n p. Simpson Acting A s s ist ant Secretary E n f o r c e m e n t and Operations [Sec. 201-207, 91 Stat. 1626, 50 U.S.C. 1701-1706? E.O. No. 12170, 44 F R 65729; E.O. No. 12205, 45 FR 24099; E.O. No. 12211, 45 FR 26605; E.O. No. 12276, 46 FR 7913; E.O. No. 12279, 46 FR 7919; E.O. No. 12280, 46 FR 7921; E.O. No. 12281, 46 FR 7923; E.O. No. 12282, 46 FR 7925; E.O. No. 12283, 46 FR 7927, and E.O. No. 12294, 46 F R 14111.] il, Filed; May 1981 Publication date: May 13, 1981 11 DE P A R T M E N T OF THE T R E A S U R Y O F F I C E OF FOREIGN A S SET S C O N TRO L 31 C F R FA R T 535 IRA NIA N A SSE TS CONT ROL RE GUL ATI ONS Reports on Close R elatives of Former Shah of Iran Served as Defe nda nts in L i t i g a t i o n AGEN CY: O f f i c e of Foreign A ssets Control ACTION: Final Rule SUMMARY: The O f f i c e of Foreign A sse ts Control is amending s e c t ion 535.217 of the Iranian A ss ets Control Regulations and is adding a new section 535.619. amen dme nt of sec tio n 535.217 The p u r p o s e of the is to identify Ashraf Pahlavi, sister of the former Shah of Iran, as a p e rso n who has been served as a def e n d a n t in l iti gation in a court w i thi n the U n i t e d Stat es br oug ht by Iran seeking the return of pr op e r t y alleged to belong to Iran. The need for this amendment is to identify A s h r a f Pahlavi as a person whose assets are subject to the bl ocking provisions of Executive Order 12284 of J a n u a r y 19, 1981 and section 535.217(a) of this part. The p u r p o s e of n e w secti on 535.619 is t o impose a requirement that all p e r s ons having knowledge about the property of p e r s ons named in section 535.217(b) c om p l e t e and of this part must file reports on Form TFR-619. Section 535.619 is needed to fulfill the obl igation of the United States, 12 pursu ant to the a gre ements between the United States and Iran, to report such information to the Gov ern men t of Iran. EFFECTIVE DATE: (Date of filing) FOR FURTHER INFORMATION CONTACT: HAY 8 1981 Raymond W. Konan, Chief Counsel, Office of Foreign Assets Control, Treasury, Washington, D.C. 20220, Tel. SU PPL EME NTA RY INFORMATION: foreign affairs function, 376-0236. the provisions of the 5 U.S.C. 553, requiring notice opportunity for public participation and delay in effec tiv e date, Similarly, (202) Since the regulations involve a Admini str ati ve Proc edu re Act, of proposed rulemaking, Department of the are inapplicable. b ecause the amendment is issued with respect to a foreign affairs function of the United States, it is not subject to Executive Order 12291 of February 17, 1981, dealing with federal regulations. 31 C F R Part 535 is amended as follows: 1. Section 535.217 (b) and the revision of paragraph 535.217 is amended by the addition of a paragraph (c). As amended, section reads: Section 535.217 (a) litigants Blocking of property of the former Shah of Iran and of certain other Iranian nationals. For the pur pos e of protecting the rights of in courts w ithin the United States, and assets located all property in the United States in the control of the estate of Mohammad R eza Pahlavi, the former Shah of Iran, or any close relative of the former Shah served as a defendant 13 in li tigation in such courts brought by Iran seeking the re turn of p r o p e r t y alleged to belong to each such estate or person, to Iran, is blocked as until all such litigation aga ins t such estate or person is finally terminated. This pr o v i s i o n shall apply only to such estate or persons as to w h i c h Iran h as furnished proof of service to the Office of Fo r eig n A s s e t s Control and which the O f fic e has identified in paragraph (b) (b) of this section. A s h r a f Pahlavi, sister of Moh ammad Reza Pahlavi, the former Shah of Iran (effective date: (date of filing, 1981) . (c) 1981, except as otherwise specified after the name of a person 2. T h e effective date of this section is J a n u ary 19, identified in p aragraph S e c t ion 535.619 is added as follows: Section 535.619. (a) (b) of this section. Reports on Form T F R - 6 1 9 . R e po rti ng requirements. W i t h i n 30 days after p u b l i c a t i o n in the Federal Register of the name of any p erson or estate in se cti on 535.217(b), the following persons who are subject to the jurisdiction of the United States shall file reports on Form TFR-619 with respect to their knowledge of the p r o p e r t y of such person or estate at any time between N ov e m b e r 3, 1979 and the date designated after the name of any person in section 535.217(b): (1) any p er son whose name is published for inclusion in s e c t i o n 535.217(b); 14 (2) any p er son who has or had, from November 3, 1979 to the date of d e s i g n ati on of the relevant person in section 535.217(b), actual or constructive poss ess ion or control, d i r e c t l y or indirectly, in trust or otherwise, of property in wh i c h there was any direct or indirect interest of any person l is ted in sec tio n 535.217(b) (3) States of the Regulations; any business or non-business entity in the United in wh ich any p ers on listed the Regulations, in section 535.217(b) held any financial of interest at any time b e t w e e n November 3, 1979 and the date of d e s i g n ati on of the r e l e v a n t person in section 535.217(b); (4) any p e rso n having knowledge of pro p e r t y or assets of a p e r s o n listed in section 535.217(b) of the Regulations, by r e a s o n of a bus ine ss relationship with such property; (5) any person having actual knowledge of pro per ty of a p e r s o n named in sect ion 535.217(b) because of a personal r e l a t i o n s h i p with the named person; and (6) any agency of the United States Government which has in any of its official financial books and records any in f o r m a t i o n wh ich serves to identify any property or assets of a perso n listed (b) in section 535.217(b) W ha t m u s t be r e p o r t e d . incl ude the information specified of the Regulations. Form TFR-619 reports shall in the form with respect to any interest of any nature whatsoever that a perso n named in s e c t i o n 535.217(b) had in any property subject to the j u r i s d i c t i o n of the United States between November 3, 1979, and the date of any designation of the relevant person in s e c t i o n 535.217(b). The term "property" 535. 311 of this part. is defined in section (c) F iling F orm T F R - 6 1 9 . shal l be pr epa red in triplicate, Reports on Forms TFR-619 two copies of which shall be sent in a set to Unit 619, Office of Foreign A s set s Control, Depa rtm ent of the Treasury, Washington, D.C. 20220. The third cop y is to be retained for the re porter's records. (d) Certification. E v e r y reporter is required to complete the ce rti fic ati on p o r t ion of Form TFR-619. Failure to complete the cer tification shall render the report ineffective and the submission shall not c o n s tit ute compliance with this section. Dennis M. O'Connell Director Acting A ssistant Secretary E n f o r c e m e n t and Op era tio ns [Authority: Sec. 201-207, 91 Stat. 1626, 50 U.S.C. 1701-1706; E.O. No. 12170, 44 FR 65729; E.O. 12211, 45 F R 26605; E.O. 12284, 46 FR 7929] Filed: May 1981 Publication date: May 13, 1981 CENSUS OF PROPERTY OF PERSONS SERVED AS DEFENDANTS IN LITIGATION BROUGHT BY IRAN SEEKING RETURN OF PROPERTY ALLEGED TO BELONG TO IRAN INSTRUCTIONS FOR REPORTING ON FORM TFR-619 INTRODUCTION The Office of Foreign Assets Control, Department of the Treasury, under section 535.619 of the Iranian Assets Control Regulations, 31 CFR Part 535 ("the Regulations"), is conducting a census on Form TFR-619 of all property and assets in the United States of persons served as defendants in litigation in courts within the United States brought by Iran seeking the return of property alleged to belong to Iran and whose names are listed in section 535.217(b) of the Regulations. Reports are required to be filed by all persons subject to U.S. jurisdiction who have actual or constructive possession of any such property or who have a business relationship with such property or a personal relationship with such listed person by reason of which such persons have knowledge concerning the property. The information to be reported is needed by the United States Government to implement the agreements between the United States and Iran. Pursuant to the agreements, such information will be reported to the Government of Iran. Each question on the form must be answered and all the specific information called for must be given. When there is nothing to report under any question, or if information is - 2- lacking, state "No," "None," or "Unknown," as the case m ay be. If the space provided on the form for answers is not adequate, the answer m a y be made or continued on a blank sheet of paper securely attached to the form. DEADLINE: Reports are required to be filed within 30 days of the publication in section 535.217(b) of the Regulations of the name of the estate of the former Shah of Iran or of any close relative of the former Shah. No extensions will be granted. This form is to be completed in triplicate and two copies must be returned in a set to Unit 619, Office of Foreign Assets Control, Washington, D.C. 20220 by the deadline. FOR FURTHER INFORMATION CONTACT: Unit 619, phone (202) 376-0968. PART I - GENERAL INSTRUCTIONS A. REPORTING REQUIREMENTS 1. Who each of must r e p o r t . Reports the following persons on Form TFR-619 must be filed by who are subject to the jurisdiction of the United States: a. Any person whose name is published for inclusion in section 535.217(b); b. Any person who has or had, from November 3, 1979 to the date of any designation of the relevant person in section 535.217(b), actual or constructive possession or control, directly or indirectly, in trust or otherwise, of property in which there was any direct or indirect interest of any person listed in section 535.217(b) c. of the Regulations; Any business or non-business in which any person listed in entity in the United States section 535.217(b) of the - 3- Regulations held any financial interest at any time between November 3, 1979 and the date of designation of the relevant person in section 535.217(b); d. Any person having knowledge of property or assets of a person listed in section 535.217(b) of the Regulations, by reason of a business relationship with such property; e. Any person having actual knowledge of property of a person named in section 535.217(b) because of a personal relationship with the named person; and f. Any agency of the United States Government which has in any of its official financial books and records any information which serves to identify any property of a person listed in section 535.217(b) 2. of the Regulations. What must be reported. Property within the United States within the control of or in which there was any direct or indirect interest, at any time from November 3, 1979 to the date of designation of the relevant person in section 535.217(b), of a person whose name is listed in section 535.217(b) 3. of the Regulations. Primary responsibility for re porting. Primary responsibility for reporting rests on the actual holder of the property or, trustee. in the case of a trustee, with the A report may be filed on behalf of a holder by an attorney, agent or other person. However, the pertinent information regarding the person holding the property must be included in Part A. No person is excused from filing Form TFR-619 by reason of the fact that another person has submitted a report with regard to the same property, unless he has actual knowledge that the other person has filed a report as full and complete as he would otherwise be required to file. -4 4. Obtaining Form T F R - 6 1 9 . Copies of Form TFR-619 with reporting instructions are available at each of the regional Federal Reserve Banks. Copies of Form TFR-619 and the reporting instructions may also be obtained from the Office of Foreign Assets Control, Unit 619, Department of the Treasury, Washington, D.C. 20220 (202) 376-0968. 5. Filing Form T F R - 6 1 9 . Reports on Form TFR-619 shall be prepared in triplicate. Two copies shall be sent in a set to Unit 619, Office of Foreign Assets Control, Department of the Treasury, Washington, D.C. 20220. 6. A copy shall be retained for the reporter's records. Certifi cat ion . Every report filed on Form TFR-619 must be certified in Part F of the form. Failure to complete the certification shall render the report ineffective, and the submission of such a report shall not constitute compliance with the reporting requirements of section 535.619 of the Regulations. 7. Pen a l t i e s . Reporting on Form TFR-619 is mandatory under section 535.619 of the Iranian Assets Control Regulations for persons who are subject to the reporting requirements. In this regard, section 206 of the International Emergency Economic Powers Act provides as follows: Penalties Sec. 206. (a) A civil penalty of not to exceed $10,000 may be imposed on any person who violates any license, order, or regulation issued under this title. - (b) 5- Whoever willfully violates any license, order, or regulation issued under this title shall, upon conviction, be fined not more than $50,000, or, if a natural person, m a y be imprisoned for not more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. B. DEFINITIONS The definitions below shall be used for the purpose of reporting on Form TFR-619. Any reference to "the Regulations" in these instructions or in Form TFR-619 shall refer to the Iranian Assets Control Regulations defined (31 CFR Part 535), and any term not in these instructions shall have the meaning ascribed to it in the Regulations. 1. Person. Any individual, partnership, association, corporation or other organization. 2. Person subject to the jurisdiction of the United S t a t e s . The term "person subject to the jurisdiction of the United States" includes: (a) Any person wheresoever located who is a citizen or resident of the United States; (b) Any person actually within the United States; (c) Any corporation organized under the laws of the United States or of any state, territory, possession or district of the United States; and (d) Any partnership, association, corporation or other organization wheresoever organized or doing business which is owned or controlled by persons specified in (a), (b), or above. (c) -6 3. Financial interest. Any right or claim to ownership or control, or participation in ownership or control, or other financial interest including: (a) Any shares or stock of any business or non-business entity; (b) Any profits or income derived from shares of stock; (c) Any bonds, debentures, notes or other funded obligations of any business or non-business entity; (d) Any other outstanding securities of any business or non-business entity; and (e) Any other right or claim with respect to any trust or similar obligation. 4. Property; property interest. The terms "property" and "property interest" shall, for purposes of reporting on Form TFR-619, include, but not be limited to, money, checks, drafts, bullion, bank deposits, savings accounts, any debts, debentures, indebtedness obligations, notes, stocks, bonds, coupons, and other financial securities, bankers' acceptances, mortgages, pledges, liens or other rights in the nature of security, warehouse receipts, bills of lading, trust receipts, bills of sale, any other evidence of title, ownership or indebtedness, powers of attorney, goods, wares, merchandise, chattels, stocks on hand, ships, goods on ships, real estate mortgages, deeds of trust, vendors' agreements, land contracts, sales real estate and interest therein, leaseholds, ground rents, options, negotiable instruments, letters of credit, trade acceptances, royalties, book accounts, - 7- judgments, patents, trademarks, copyrights, contracts or licenses affecting or involving patents, trademarks or copyrights, insurance policies, safe deposit boxes and their contents, annuities, pooling agreements, contracts of any nature whatsoever, and any other property, real, personal or mixed, tangible or intangible, or interest or interests therein, present, 5. future or contingent. Interest. Any interest of any nature whatsoever, direct or indirect. C. VALUATION PRINCIPLES 1. Where valuation is called for, the following table may be used as a guide. Examples of property types Principal Checks, drafts, acceptances and notes ... Face or estimated value Commodities, including gold and other metals ................................... Market value Currency and coin ......................... Face value Debts, claims and demands ................ Balance of the account Foreign exchange futures ................. Difference between market price of currency and price specified in contract Franchises and concessions ............... Market value Goods, merchandise or other personal property ................................. Market value Land, buildings and mortgages on real estate ................................... Market value Letters of credit ......................... Available amount Royalties, gas and oil Capitalized value Securities ................. . ................................. Market value - 8- All amounts reported should be given in dollars to the nearest dollar. 2. Valuation d a t e . Values shall be given as of the close of business on the relevant reporting date. 3. Market or estimated v a l u e . Where market value is required, enter the market price at the close of business on the date of designation of the relevant person in section 535.217(b), or if such price is not available, the estimated value on that date. sale price or bid, In estimating value, the last if reasonably close to the relevant reporting date, may be used as a basis. 4. foreign cu rre ncy . Value expressed in Property valued in a foreign currency, or which is to be paid or liquidated in a foreign currency, shall be valued in dollars. If dollar market value does not exist, the foreign currency value thereof shall be converted into a dollar value in accordance with the latest rate before the relevant reporting date, as generally quoted by foreign exchange dealers or other recognized sources of information. In no case shall a value expressed in a foreign currency be entered in the report, fact that property was originally valued in a should be indicated in Part D. 5. but the foreign currency Property of indeterminable v a l u e . In reporting property of indeterminable value, enter "IN" in the space opposite the appropriate property type and describe the property briefly in Part D. When both property of determinable - 9- value and property of indeterminable value are to be reported under any one property be reported. However, type, only the determinable in response to Part D, value should both kinds of property should be described and the property of indeterminable value should be so described. PART II - SPECIFIC INSTRUCTIONS PART A - PERSON REPORTING PROPERTY Line 1. Give the reporter's name. Line 2. Give the reporter's address. Line 3. Line 4. State whether reporter has actual or constructive possession of property reported. If not, state relationship to property reported. Check the appropriate description of reporter. PART B - INFORMATION CONCERNING PERSON WHOSE PROPERTY IS REPORTED Line 1. Report the name(s) as it appears on your records. Include any variant name(s), if known. Line 2. Address. PART C - SCHEDULE OF PROPERTY REQUIRED TO BE REPORTED Be sure the same property is not reported on more than one line. Holders must report the amount held on November 3, 1979, in column (1) and the amount held as of the date designated after the name of the relevant person in section 535.217(b) (2). in column If property to be reported was acquired subsequent to November 3, 1979 or knowledge of said property was acquired subsequent to November 3, 1979, report the amount in column and specify the acquisition date. report in column IMPORTANT: (1) Be certain to (1) of Part C the full amount of any property held on November 3, 1979, regardless of any subsequent transfer of the property in whole or in part and regardless of whether any - property is held currently. the full 10- Be certain to report in column (2) amount of any property held on the date of the designation of the relevant person indicated in section 535.217(b), notwithstanding any adverse claim against the property described in Part E. Line 11. PART D - Explain the disposition of any property held on November 3, 1979 which was no longer held, on the date of the designation of the relevant person in section 535.217(b), e.g. "Telex transfer by order of X Bank to Account No. 123456789 at Y Bank, dated December 14, 1979. ADDITIONAL DESCRIPTION Line 1. OF PROPERTY ITEMS Briefly describe the property the value of which has been set forth in Part C. Breakdowns in specific property items and detailed descriptions are unnecessary. Property may be described in some general but reasonable manner. Tangible property should be more thoroughly described than financial items, which are more self-explanatory. Enter in the "Type" column the appropriate line number from Part C indicating the type of property. Line 2. State location of the reported asset if different than the address of the reporter. Line 3. State your knowledge of safes, safe-deposit boxes, or other receptacles for property in which the person described in Part B has any interest or right of access. - 11- PART E - CLAIMS AGAINST PROPERTY REPORTED Line 1. (a through c) Give description and amount of claim as well as name, address and citizenship of the adverse claimant. Line 2. (a through c) If any person other than the person reported in Part B has an interest in the property being reported (such as those of heirs of blocked decedent's estates, or beneficiaries of blocked insurance p ol i c i e s ) , state nature and extent or amount of such interest. Also give name and citizenship of such person or persons. PART F - C E R T I F I C A T I O N Be certain not to omit the required certification. report isnot valid without certification. The - 12- Form TFR-619 CENSUS OF PROPERTIES OF PERSONS SERVED AS DEFENDANTS IN LITIGATION BROUGHT BY IRAN SEEKING RETURN OF PROPERTY ALLEGED 1<0 BELONG TO IRAN Office of Foreign Assets Control Unit 619 Department of the Treasury Washington, D.C. 20220 DEADLINE: This form is to be completed and returned to the above address by ________________________________. Form TFR-619 is to be used by all persons required to file reports pursuant to section 535.619 of Title 31 of the Code of Federal Regulations. BEFORE PREPARING THIS REPORT READ THE INSTRUCTIONS CAREFULLY. Information reported will be used by the United States Government to implement agreemments between the United States and Iran, and certain identifying information derived from the results will be provided to the Government of Iran. To the Secretary of the Treasury: The undersigned, pursuant to section 535.619 of Title 31 of the Code of Federal Regulations, hereby makes the following report: PART A - PERSON REPORTING PROPERTY (see instructions) 1. Name _________________________________________ 2. Address _____________________________________ (Street) (City) (State) (Foreign country) 3. State whether reporter has actual or constructive possession of property reported. If not, state relationship to property reported. __________________________________________________________ -1 3 4. Type of reporter (Check one) B a n k ........................................ ( ) b Broker or securities dealer ( ) S ............. Trustee/Fiduciary A g e n t .................. ( ) T Other business f i r m ....................... ( ) 0 I ndividual................................. ( ) I U.S. Government agency................... ( ) G Other (explain)......................*.... ( ) U PART B - INFORMATION CONCERNING PERSON WHOSE PROPERTY IS REPORTED (See specific instructions) 1. Name ________________________ Any variant name 2. Address PART C - SCHEDULE OF PROPERTY REQUIRED TO BE REPORTED (See specific instructions) (Enter value in whole dollars) (1 ) Type of Property 1. Deposits a. T i m e . ..« ................... b. D e m a n d .................... 2. Bullion, currency and coin... 3. Notes, checks, drafts, acceptances, commercial paper , e t c ....... ........... 4 . D e b t s .......................... 5. Financial securities payable in d o l l a r s .................. 6. Financial securities payable in other currencies ....... 7. Direct investment in U.S. b u s i n e s s e s .................. 8. Real e s t a t e ................... 9. Personal p r o p e r t y ............ 10. M i s c e l l a n e o u s ................ TOTAL (1 through 10) (2 ) Amount Amount As of 11/3/79 As of date of or designation in __/__ /__ (Specify) section 535.217(b) -14 11. If amount in column (2) differs from amount in column (1) for any line above, explain increase or decrease including identifying information (i.e. name, address, account number) regarding person or account to which property was tr ansferred. Part D - ADDITIONAL DESCRIPTION OF PROPERTY ITEMS Type Brief Description of Property (See Part C) 1 . 2. If the property described in this report is located at a place other than the address of the reporter, specify name and address of custodian of the property and location of the property. ______________________________________________________ 3. To your knowledge does the estate or person whose property is being reported have, or have use of, or access to, any safe, safe deposit box, or other receptacle for the property?___________________________________ __ [ ] Yes [ ] No If the answer is "Yes" and the contents of such safe, box, etc., have not been included in this report, explain why not. - 15- Part E - CLAIMS AGAINST PROPERTY REPORTED 1. Describe any adverse claims, including any legal actions or proceeedings whatsoever, asserted or existing against, or with respect to, any property reported. With respect to such claims give the following information: a. b. Amount of the adverse claim $ c. 2. Description of the claim __________________________________ Name, address and citizenship of the adverse claimant If any other person has an interest in the property being reported, state the following information: a. Nature of the interest _________ _____________________ b. Extent or amount of such interest __ c. Name and citizenship of such person - 16- PART F - CERTIFICATION I, ______ ____________ ________________ , certify that to the best (type or print name) of my knowledge and belief, the statements set forth in this report, including any papers attached hereto or filed herewith, are true and accurate, and that all material facts in connection with said report have been set forth herein. (Date) (Signature) Address _______________ (Street) (State) Person to contact regarding this report: (Name) (Telephone Number)