§8772 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Courts can let people collect certain financial assets in the United States to pay judgments against Iran. The rule applies even if other laws, including sovereign immunity rules or state laws, say otherwise. It covers assets held by or for a foreign securities intermediary doing business in the U.S. that are blocked (or would be blocked if located in the U.S.) and that match in value financial assets of Iran, including assets of Iran’s central bank or other government agencies, that the intermediary or a related intermediary holds abroad. Before a court orders those assets turned over, the court must find that Iran has the real ownership or beneficial interest in the assets and that no one else has a protected Fifth Amendment interest in them. A custodial holding by an intermediary for Iran is not treated as someone else’s beneficial interest. The rule only applies to the specific assets identified in two cases in the U.S. District Court for the Southern District of New York: Peterson et al. v. Islamic Republic of Iran et al., Case No. 10 Civ. 4518 (BSJ) (GWG) (as restrained and modified by the June 27, 2008 order and extended by orders dated June 23, 2009; May 10, 2010; and June 11, 2010), and Peterson et al. v. Islamic Republic of Iran et al., Case No. 13 Civ. 9195 (LAP). Key terms: "blocked asset" means an asset seized or frozen under section 4305(b) of title 50 or section 202 or 203 of IEEPA (50 U.S.C. 1701, 1702) but excludes property with a U.S. license for final transfer or property used only for diplomatic or consular purposes under the Vienna Conventions; "financial asset" and "securities intermediary" use the Uniform Commercial Code definitions (financial asset includes cash); "Iran" means the Government of Iran including its central bank and agencies; "person" and "entity" are basic individual or organizational terms; "terrorist party" is as defined in the Terrorism Risk Insurance Act of 2002; and "United States" includes all U.S. territories and waters.

Title 22, §8772

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (2), notwithstanding any other provision of law, including any provision of law relating to sovereign immunity, and preempting any inconsistent provision of State law, a financial asset that is—

(A)held by or for a foreign securities intermediary doing business in the United States;

(B)a blocked asset (whether or not subsequently unblocked), or an asset that would be blocked if the asset were located in the United States, that is property described in subsection (b); and

(C)equal in value to a financial asset of Iran, including an asset of the central bank or monetary authority of the Government of Iran or any agency or instrumentality of that Government, that such foreign securities intermediary or a related intermediary holds abroad,

(2)In order to ensure that Iran is held accountable for paying the judgments described in paragraph (1) and in furtherance of the broader goals of this Act to sanction Iran, prior to an award turning over any asset pursuant to execution or attachment in aid of execution with respect to any judgments against Iran described in paragraph (1), the court shall determine whether Iran holds equitable title to, or the beneficial interest in, the assets described in subsection (b) and that no other person possesses a constitutionally protected interest in the assets described in subsection (b) under the Fifth Amendment to the Constitution of the United States. To the extent the court determines that a person other than Iran holds—

(A)equitable title to, or a beneficial interest in, the assets described in subsection (b) (excluding a custodial interest of a foreign securities intermediary or a related intermediary that holds the assets abroad for the benefit of Iran); or

(B)a constitutionally protected interest in the assets described in subsection (b),

(b)The financial assets described in this section are the financial assets that are—

(1)identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 10 Civ. 4518 (BSJ) (GWG), that were restrained by restraining notices and levies secured by the plaintiffs in those proceedings, as modified by court order dated June 27, 2008, and extended by court orders dated June 23, 2009, May 10, 2010, and June 11, 2010, so long as such assets remain restrained by court order; and

(2)identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 13 Civ. 9195 (LAP).

(c)Nothing in this section shall be construed—

(1)to affect the availability, or lack thereof, of a right to satisfy a judgment in any other action against a terrorist party in any proceedings other than proceedings referred to in subsection (b); or

(2)to apply to assets other than the assets described in subsection (b), or to preempt State law, including the Uniform Commercial Code, except as expressly provided in subsection (a)(1).

(d)In this section:

(1)The term “blocked asset”—

(A)means any asset seized or frozen by the United States under section 4305(b) of title 50 or under section 202 or 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702); and

(B)does not include property that—

(i)is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of the license has been specifically required by a provision of law other than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.); or

(ii)is property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the laws of the United States, and is being used exclusively for diplomatic or consular purposes.

(2)The terms “financial asset” and “securities intermediary” have the meanings given those terms in the Uniform Commercial Code, but the former includes cash.

(3)The term “Iran” means the Government of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government.

(4)(A)The term “person” means an individual or entity.

(B)The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

(5)The term “terrorist party” has the meaning given that term in section 201(d) of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note).

(6)The term “United States” includes all territory and waters, continental, or insular, subject to the jurisdiction of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(2), is Pub. L. 112–158, Aug. 10, 2012, 126 Stat. 1214, known as the Iran Threat Reduction and Syria Human Rights Act of 2012, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 8701 of this title and Tables. The International Emergency Economic Powers Act, referred to in subsec. (d)(1)(B)(i), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

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note set out under section 1701 of Title 50 and Tables. The United Nations Participation Act of 1945, referred to in subsec. (d)(1)(B)(i), is act of Dec. 20, 1945, ch. 583, 59 Stat. 619, which is classified to subchapter XVI (§ 287 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see

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note set out under section 287 of this title and Tables. section 201(d) of the Terrorism Risk Insurance Act of 2002, referred to in subsec. (d)(5), is section 201(d) of Pub. L. 107–297, which is set out as a note under section 1610 of Title 28, Judiciary and Judicial Procedure. Codification Section is comprised of section 502 of Pub. L. 112–158. Subsec. (e) of section 502 of Pub. L. 112–158 amended section 1610 of Title 28, Judiciary and Judicial Procedure, and amended section 201 of Pub. L. 107–297, set out as a note under section 1610 of Title 28.

Amendments

2019—Subsec. (a)(1). Pub. L. 116–92, § 1226(1)(C), inserted “, or to an order directing that the asset be brought to the State in which the court is located and subsequently to execution or attachment in aid of execution,” after “in aid of execution” and “, without regard to concerns relating to international comity” after “resources for such an act” in concluding provisions. Subsec. (a)(1)(A). Pub. L. 116–92, § 1226(1)(A), which directed substitution of “by or” for “in the United States” in subpar. (A), was executed by making the substitution for “in the United States” the first time appearing in subpar. (A), to reflect the probable intent of Congress. Subsec. (a)(1)(B). Pub. L. 116–92, § 1226(1)(B), inserted “, or an asset that would be blocked if the asset were located in the United States,” after “unblocked)”. Subsec. (b). Pub. L. 116–92, § 1226(2), substituted “that are—” and par. (1) designation for “that are” and “court order; and” for “court order.” and added par. (2).

§8772 Interests in certain financial assets of Iran

Summary

Title 22, §8772

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Citations & Metadata