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Executive Order 12283 46 F.R. 7927 January 19, 1981
Non-Prosecution of Claims of Hostages and for Actions at the United States Embassy and Elsewhere
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran, it is hereby ordered that as of the effective date of this Order:
1 - 101. The Secretary of the Treasury shall promulgate regulations: (a) prohibiting any person subject to U.S. jurisdiction from prosecuting in any court within the United States or elsewhere any claim against the Government of Iran arising out of events occurring before the date of this Order relating to (1) the seizure of the hostages on November 4, 1979, (2) their subsequent detention, (3) injury to United States property or property of United States nationals within the United States Embassy compound in Tehran after November 3, 1979, or (4) injury to United States nationals or their property as a result of popular movements in the course of the Islamic Revolution in Iran which were not an act of the Government of Iran; (b) prohibiting any person not a U.S. national from prosecuting any such claim in any court within the United States; (c) ordering the termination of any previously instituted judicial proceedings based upon such claims; and (d) prohibiting the enforcement of any judicial order issued in the course of such proceedings.
1 - 102. The Attorney General of the United States is authorized and directed, immediately upon the issuance of regulations in accordance with Section 1 - 101, to take all appropriate measures to notify all appropriate courts of the existence of this Order and implementing regulations and the resulting termination of litigation.
1 - 103. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purpose of this Order.
1 - 104. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12282 46 F.R. 7925 January 19, 1981
Revocation of Prohibitions Against Transactions Involving Iran
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as holtage and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran, it is hereby ordered that as of the effective date of this Order:
1 - 101. The prohibitions contained in Executive Order 12205 of April 7, 1980, and Executive Order 12211 of April 17, 1980, and Proclamation 4702 of November 12, 1979, are hereby revoked.
1 - 102. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purpose of this Order.
1 - 103. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12281 46 F.R. 7923 January 19, 1981
Dircetion To Transfer Certain Iranian Government Assets
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran and in which Iran and the United States instruct and require that the assets described in this Order shall be transferred as set forth below by the holders of such assets, it is hereby ordered that as of the effective date of this Order:
1 - 101. All persons subject to the jurisdiction of the United States in possession or control of properties, not including funds and securities, owned by Iran or its agencies, instrumentalities, or controlled entities are licensed, authorized, directed and compelled to transfer such properties, as directed after the effective date of this Order by the Government of Iran, acting through its authorized agent. Except where specifically stated, this license, authorization, and direction does not relieve persons subject to the jurisdictions of the United States from existing legal requirements other than thoses based upon the International Emergency Economic Powers Act.
1 - 102. (a) All licenses and authorizations for acquiring or exercising any right, power, or privilege, by court order, attachment, or otherwise, including the license contained in Section 535.504 of the Iranian Assets Control Regulations, with respect to the properties described in Section 1 - 101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties described in section 1 - 101 of this Order and which derive from any attachment, injunction, other like proceedings or process, or other action in any litigation after November 14, 1979, at 8:10 a.m. EST, including those derived from Section 535.504 of the Iranian Assets Control Regulations, other than rights, powers, and privileges of the Government of Iran and its agencies, instrumentalities, and controlled entities, whether acquired by court order or otherwise, are nullified, and all prsons claiming any such right, power, or privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States are prohibited from acquiring or exercising any right, power, or privilege, whether by court order or otherwise, with respect to the properties (and any income earned thereon) referred to in Section 1 - 101 of this Order.
1 - 103. Compliance with this Executive Order, any other Executive Order licensing, authorizing, directing or compelling the transfer of the assets described in paragraph 1 - 101 of this Order, or any regulations, instructions, or directions issued thereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, such orders, regulations, instructions,or directions.
1 - 104. The Attorney General shall seek to intervene in any litigation within the United States which arises out of this Order and shall, among other things, defend the legality of, and all actions taken pursuant to, each of its provisions.
1 - 105. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purposes of this Order.
1 - 106. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12280 46 F.R. 7921 January 19, 1981
Direction To Transfer Iranian Government Financial Assets Held by Non-Banking Institutions
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran and in which Iran and the United States instruct and require that the assets described in this Order shall be transferred as set forth below by the holders of such assets, it is hereby ordered that as of the effective date of this Order:
1 - 101. Any person subject to the jurisdiction of the United States which is not a banking institution and is on the effective date in possession or control of funds or securities of Iran or its agencies, instrumentalities, or controlled entities is licensed, authorized, directed and compelled to transfer such funds or securities to the Federal Reserve Bank of New York to be held or transferred as directed by the Secretary of the Treasury.
1 - 102. (a) All licenses and authorizations for acquiring or exercising any right, power, or privilege, by court order, attachment, or otherwise, including the license contained in Section 535.504 of the Iranian Assets Control Regulations, with respect to the properties described in Section 1 - 101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties described in section 1 - 101 of this Order and which derive from any attachment, injunction, other like proceedings or process, or other action in any litigation after November 14, 1979, at 8:10 a.m. EST, including those derived from Section 535.504 of the Iranian Assets Control Regulations, other than rights, powers, and privileges of the Government of Iran and its agencies, instrumentalities, 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 the same.
(c) All persons subject to the jurisdiction of the United States are prohibited from acquiring or exercising any right, power, or privilege, whether by court order or otherwise, with respect to the properties (and any income earned thereon) referred to in Section 1 - 101 of this Order.
1 - 103. Compliance with this Executive Order, any other Executive Order licensing, authorizing, directing or compelling the transfer of the assets described in paragraph 1 - 101 of this Order, or any regulations, instructions, or directions issued thereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, such orders, regulations, instructions, or directions.
1 - 104. The Attorney General shall seek to intervene in any litigation within the United States which arises out of this Order and shall, among other things, defend the legality of and all actions taken pursuant to, each of its provisions.
1 - 105. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purposes of this Order.
1 - 106. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12279 46 F.R. 7919 January 19, 1981
Direction To Transfer Iranian Government Assets Held by Domestic Banks
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 22 of the United States Code, Section 1732 of 3 Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran and in which Iran and the United States instruct and require that the assets described in this Order shall be transferred as set forth below by the holders of such assets, it is hereby ordered that as of the effective date of this Order:
1 - 101. Any branch or office of a banking institution subject to the jurisdiction of the United States, which branch or office is located within the United States and is, on the effective date, either (a) in possession of funds or securities legally or beneficially owned by the Government of Iran or its agencies, instrumentalities, or controlled entities, or (b) carrying on its books deposits standing to the credit of or beneficially owned by such Government, agencies, instrumentalities, or controlled entities is licensed, authorized, directed and compelled to transfer such funds, securities, and deposits, including interest from November 14, 1979, at commercially reasonable rates, to the Federal Reserve Bank of New York, to be held or transferred as directed by the Secretary of the Treasury.
1 - 102. (a) All licenses and authorizations for acquiring or exercising any right, power, or privilege, by court order, attachment, or otherwise, including the license contained in Section 535.504 of the Iranian Assets Control Regulations, with respect to the properties described in Section 1 - 101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties described in section 1 - 101 of this Order and which derive from any attachment, injunction, other like proceedings or process, or other action in any litigation after November 14, 1979, at 8:10 a.m. EST, including those derived from Section 535.504 of the Iranian Assets Control Regulations, other than rights, powers, and privileges of the Government of Iran and its agencies, instrumentalities, 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 the same.
(c) All persons subject to the jurisdiction of the United States are prohibited from acquiring or exercising any right, power, or privilege whether by court order or otherwise, with respect to the properties (and any income earned thereon) referred to in Section 1 - 101 of this Order.
1 - 103. Compliance with this Order, any other Executive Order licensing, authorizing, directing or compelling the transfer of the assets described in section 1 - 101 of this Order, or any regulations, instructions, or directions issued thereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, such orders, regulations, instructions, or directions.
1 - 104. The Attorney General shall seek to intervene in any litigation within the United States which arises out of this Order and shall, among other things, defend the legality of, and all actions taken pursuant to, each of its provisions.
1 - 105. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purposes of this Order.
1 - 106. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12279 of January 19, 1981
Direction To Transfer Iranian Government Assets Held by Domestic Banks
Correction
The legal citations in the first paragraph appearing on page 7919 in the Federal Register of January 23, 1981, were printed incorrectly. The paragraph should read:
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran and in which Iran and the United States instruct and require that the assets described in this Order shall be transferred as set forth below by the holders of such assets, it is hereby ordered that as of the effective date of this Order:
Executive Order 12278 46 F.R. 7917 January 19, 1981
Direction To Transfer Iranian Government Assets Overseas
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran and in which Iran and the United States instruct and require that the assets described in this Order shall be transferred as set forth below by the holders of such assets, it is hereby ordered that as of the effective date of this Order:
1 - 101. Any branch or office of a United States bank or subsidiary thereof, which branch or office is located outside the territory of the United States and which on or after 8:10 a.m. E.S.T. on November 14, 1979 (a) has been or is in possession of funds or securities legally or beneficially owned by the Government of Iran or its agencies, instrumentalities, or controlled entities, or (b) has carried or is carrying on its books deposits standing to the credit of or beneficially owned by such Government, agencies, instrumentalities, or controlled entities, is licensed, authorized, directed, and compelled to transfer such funds, securities, and deposits, including interest from November 14, 1979, at commercially reasonable rates, to the account of the Federal Reserve Bank of New York at the Bank of England, to be held or transferred as directed by the Secretary of the Treasury. The Secretary of the Treasury shall determine when the transfers required by this section shall take place. The funds, securities and deposits described in this section shall be further transferred as provided for in the Declaration of the Government of the Democratic and Popular Republic of Algeria and its Annex.
1 - 102. Any banking institution subject to the jurisdiction of the United States that has executed a set-off on or after November 14, 1979, at 8:10 a.m. E.S.T. against Iranian funds, securities, authorized, directed, and compelled to cancel such set-off and to transfer all funds, securities, and deposits which have been subject to such set-off, or deposits referred to in section 1 - 101 is hereby licensed, including interest from November 14, 1979, at commercially reasonable rates, pursuant to the provisions of section 1 - 101 of this Order.
1 - 103. If the funds, securities, and deposits described in section 1 - 101 are not promptly transferred to the control of the Government of Iran, such funds, securities, and deposits shall be returned to the banking institutions holding them on the effective date of this Order and the set-offs described in section 1 - 102 shall be in force as if this Order had not been issued and the status of all such funds, securities, deposits and set-offs shall be status quo ante.
1 - 104. (a) All licenses and authorizations for acquiring or exercising any right, power, or privilege, by court order, attachment, or otherwise, including the license contained in Section 535.504 of the Iranian Assets Control Regulations, with respect to the properties described in Sections 1 - 101 and 1 - 102 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties described in Sections 1 - 101 and 1 - 102 of this Order and which derive from any attachment, injunction, other like proceedings or process, or other action in any litigation after November 14, 1979, at 8:10 a.m. E.S.T., including those derived from Section 535.504 of the Iranian Assets Control Regulations, other than rights, powers, and privileges of the Government of Iran and its agencies, instrumentalities, 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 the same.
(c) All persons subject to the jurisdiction of the United States are prohibited from acquiring or exercising any right, power, or privilege, whether by court order or otherwise, with respect to the properties (and any income earned thereon) referred to in Sections 1 - 101 and 1 - 102 of this Order.
1 - 105. Compliance with this Order, any other Executive Order licensing, authorizing, directing, or compelling the transfer of the assets described in Sections 1 - 101 and 1 - 102 of this Order, or any regulations, instructions, or directions issued thereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, such orders, regulations, instructions, or directions.
1 - 106. The Attorney General shall seek to intervene in any litigation within the United States which arises out of this Order and shall, among other things, defend the legality of, and all actions taken pursuant to, each of its provisions.
1 - 107. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purposes of this Order.
1 - 108. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12277 46 F.R. 7915 January 19, 1981
Direction To Transfer Iranian Government Assets
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States nationals against Iran, and to begin the process of normalization of relations between the United States and Iran and in which Iran and the United States instruct and require that the assets described in this order shall be transferred as set forth below by the holders of such assets,it is hereby orderd that as of the effective date of this Order:
1 - 101. The Federal Reserve Bank of New York is licensed, authorized, directed, and compelled to transfer to accounts at the Bank of England, and subsequently to transfer to accounts at the Bank of England established pursuant to an escrow agreement approved by the Secretary of the Treasury, all gold bullion, and other assets (or the equivalent thereof) in its custody, of the Government of Iran, or its agencies, instrumentalities or controlled entities. Such transfers shall be executed when and in the manner directed by the Secretary of the Treasury. The Secretary of the Treasury is also authorized to license, authorize, direct, and compel the Federal Reserve Bank of New York to engage in whatever further transactions he deems appropriate and consistent with the purposes of this Order, including any transactions related to the return of such bullion and other assets pursuant to the escrow agreement.
1 - 102. (a) All licenses and authorizations for acquiring or exercising any right, power, or privilege, by court order, attachment, or otherwise, including the license contained in Section 535.504 of the Iranian Assets Control Regulations, with respect to the properties described in Section 1 - 101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties described in section 1 - 101 of this Order and which derive from any attachment, injunction, other like proceedings or process, or other action in any litigation after November 14, 1979, at 8:10 a.m. EST, including those derived from Section 535.504 of the Iranian Assets Control Regulations, other than rights, powers, and privileges of the Government of Iran and its agencies, instrumentalities, 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 the same.
(c) All persons subject to the jurisdiction of the United States are prohibited from acquiring or exercising any right, power, or privilege, whether by court order or otherwise, with respect to the properties (and any income earned thereon) referred to in Section 1 - 101 of this Order.
1 - 103. Compliance with this Order, any other Executive Order licensing, authorizing, directing, or compelling the transfer of the assets described in section 1 - 101 of this Order, or any regulations, instructions, or directions issued thereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shal be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, such orders, regulations, instructions, or directions.
1 - 104. The Attorney General shall seek to intervene in any litigation within the United States which arises out of this Order and shall, among other things, defend the legality of, and all actions taken pursuant to, each of its provisions.
1 - 105. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purposes of this Order.
1 - 106. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12276 46 F.R. 7913 January 19, 1981
Direction Relating to Establishment of Escrow Accounts
By the authority vested in me as President by the Constitution and statutes of the United States, including Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), Section 301 of Title 3 of the United States Code, Section 1732 of Title 22 of the United States Code, and Section 301 of the National Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual and extraordinary threat to the national security, foreign policy and economy of the United States upon which I based my declarations of national emergency in Executive Order 12170, issued November 14, 1979, and in Executive Order 12211, issued April 17, 1980, in order to implement agreements with the Government of Iran, as reflected in Declarations of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, relating to the release of U.S. diplomats and nationals being held as hostages and to the resolution of claims of United States national against Iran, and to begin the process of normalization of relations between the United States and Iran, it is hereby ordered that as of the effective date of this Order:
1 - 101. The Secretary of the Treasury is authorized to enter into, and to license, authorize, direct, and compel any appropriate official and/or the Federal Reserve Bank of New York, as fiscal agent of the United States, to enter into escrow or related agreements with a foreign central bank and with the Central Bank of Algeria under which certain money and other assets, as and when directed by the Secretary of the Treasury, shall be credited by the foreign central bank to an escrow account on its books in the name of the Central Bank of Algeria, for transfer to the Government of Iran if and when the Central Bank of Algeria receives from the Government of Algeria a certification that the 52 U.S. diplomats and nationals being held hostage in Iran have safely departed from Iran. Such agreements shall include other parties and terms as determined by the Secretary of the Treasury to be appropriate to carry out the purposes of this Order.
1 - 102. The Secretary of the Treasury is authorized to license, authorize, direct, and compel the Federal Reserve Bank of New York, as fiscal agent of the United States, to receive certain money and other assets in which Iran or its agencies, instrumentalities, or controlled entities have an interest and to hold or transfer such money and other assets, and any interest earned thereon, in such a manner as he deems necessary to fulfill the rights and obligations of the United States under the Declaration of the Government of the Democratic and Popular Republic of Algeria dated January 19, 1981, and the escrow and related agreements described in paragraph 1 - 101 of this Order. Such money and other assets may be held in interest-bearing form and where possible shall be invested with or through the entity holding the money or asset on the effective date of this Order.
1 - 103. Compliance with this Executive Order, any other Executive Order licensing, authorizing, directing or compelling the transfer of the assets referred to in paragraphs 1 - 101 and 1 - 102 of this Order, or any regulations, instructions, or directions issued thereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, such orders,regulations, instructions, or directions.
1 - 104. The Attorney General shall seek to intervene in any litigation within the United States which arises out of this Order and shall, among other things, defend the legality of, and all actions taken pursuant to, each of its provisions.
1 - 105. The Secretary of the Treasury is delegated and authorized to exercise all functions vested in the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the purposes of this Order.
1 - 106. This Order shall be effective immediately.
THE WHITE HOUSE,
January 19, 1981.
Executive Order 12275 46 F.R. 5857 January 16, 1981
Design Liaison Council
By virtue of the authority vested in me as President by the Constitution of the United States of America, and in order to affirm our commitment that each Federal dollar spent on design shall be viewed as an investment in enriching the quality of American life, it is hereby ordered as follows:
1 - 101. To encourage good design within the Federal government, there is hereby established an interagency Design Liaison Council composed of the heads of the following agencies or their designees:
Department of State.
Department of the Treasury.
Department of Defense.
Department of Justice.
Department of the Interior.
Department of Agriculture.
Department of Commerce.
Department of Labor.
Department of Health and Human Services.
Department of Housing and Urban Development.
Department of Transportation.
Department of Energy.
Department of Education.
Environmental Protection Agency.
National Aeronautics and Space Administration.
Office of Personnel Management.
General Services Administration.
Veterans Administration.
International Communication Agency.
Small Business Administration.
Federal Council on the Arts and the Humanities.
1 - 102. The following agencies are invited to participate in the activities of the Design Liaison Council:
Commission on Fine Arts.
Smithsonian Institution.
U.S. Postal Service.
Tennessee Valley Authority.
1 - 103. The representative of the Federal Council on the Arts and the Humanities shall chair the Design Liaison Council.
1 - 104. Representatives of other interested agencies may be invited to participate in the functions of the Design Liaison Council.
1 - 105. For the purposes of this Order, "design" encompasses products and processes of architecture, energy conservation, engineering, graphic design, industrial and product design, interior design, landscape architecture, urban design and city planning, and other related disciplines.
1 - 106. The Design Liaison Council shall encourage the exchange of information and research on design issues among federal agencies. The Council shall also recommend those changes in agency standards and procedures which will enhance the functional and visual quality of design products and processes.
THE WHITE HOUSE,
January 16, 1981.
Executive Order 12274 46 F.R. 5855 January 16, 1981
Military Pay and Allowances
By the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States of America by Sections 301c, 305a, and 403 of Title 37 of the United States Code, and in order to implement incentive pay for submarine duty for Navy enlisted members and officers, to implement special pay for officers serving on sea duty and increased rates of special pay for enlisted personnel serving on sea duty, and to extend the payment of basic allowances for quarters to certain members without dependents, it is hereby ordered as follows:
1 - 1. Incentive Pay for Submarine Duty.
1 - 101. Executive Order No. 11157, as amended, is further amended by revising Section 106 of Part I thereof to read as follows:
" Sec. 106(a). As determined by the Secretary of the Navy, a member who is entitled to basic pay, who holds or is in training leading to a submarine duty designator, who is not entitled to continuous monthly submarine duty incentive pay, and who is in and remains in the submarine service on a career basis, is also entitled to submarine duty incentive pay for the frequent and regular performance of operational submarine duty required by orders, except as provided by 37 U.S.C. 301c(c).
"(b) To the extent provided for by appropriations, a member of the Naval Reserve who is entitled to compensation under Section 206 of Title 37 of the United States Code, and who performs, under orders, duty on a submarine during underway operations, is eligible for an increase in such compensation equal to one-thirtieth of the monthly submarine duty incentive pay for the performance of that duty by a member of a corresponding grade and years of service who is entitled to basic pay when those orders specify such increased entitlement. Such member is eligible for the increase for each day served, for as long as he is qualified for it, during each regular period of appropriate duty.
"(c) As determined by the Secretary of the Navy, a member who is entitled to basic pay, who holds or is in training leading to a submarine duty designator and who is in and remains in the submarine service on a career basis, is entitled to continuous monthly submarine duty incentive pay, subject to the performance of required number of years of operational submarine duty (37 U.S.C. 301c(a) (3)-(4)), except as provided by 37 U.S.C. 301c(c).
"(d) The Secretary of the Navy is hereby designated and empowered to issue additional implementing regulations with respect to entitlement of regular and reserve officers and enlisted members of the Navy to submarine duty incentive pay, or continuous monthly submarine duty incentive pay.".
1 - 2. Special Pay for Career Sea Duty.
1 - 201. Section 201 of Part II of Executive Order No. 11157, as amended, is further revised to read as follows:
" Sec. 201(a). The following members of a uniformed service who are entitled to receive basic pay shall be entitled to receive, additionally, career sea pay while on sea duty:
(1) enlisted members who are in pay grade E-4 or above,
(2) warrant officers,
(3) commissioned officers in pay grade 0 - 3 or above who have over three years of sea duty, and
(4) commissioned officers in pay grades 0 - 1 and 0 - 2 with at least four years active service as enlisted members or as noncommissioned warrant officers and over three years of sea duty.
"(b) The period of sea duty shall include the date of reporting and the date of detachment as stated in orders. Career sea pay shall be at the rates prescribed in Section 305a of Title 37 of the United States Code.".
1 - 202. Section 202 of Part II of Executive Order No. 11157 as amended, is revoked.
1 - 203. Part II of Executive Order No. 11157, as amended, is further revised by adding a new Section 202 as follows:
" Sec. 202. A member of a uniformed service who is entitled to career sea pay and who has served 36 consecutive months of sea duty as such period is computed under regulations of the Secretary concerned, is entitled to a monthly career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty service by such member when such member is entitled to career sea pay. In the regulations published by the Secretary concerned, the term "consecutive months of sea duty" may be defined to include periods during which a member is serving in or under orders to duties, service in which qualifies the member for career sea pay, either periodically or continuously during assignment to such duties. Examples of such periods are periods of service as a member of a two crewed submarine or fleet aviation units assigned to ships, or periods for training, hospitalization, or other periods of a similar nature.".
1 - 204. Section 206 of Part II of Executive Order No. 11157, as amended, is further revised by deleting subsection (b).
1 - 3. Basic Allowance for Quarters.
1 - 301. Subsection 401 of Part IV of Executive Order No. 11157, as amended, is amended by adding new subsections (e) and (f) as follows:
"(e) The term "deployed" shall apply to time during which the unit is at sea or in a port more than 50 miles from its home port; provided, however, time during which the unit is in a port for overhaul or extended repairs is not to be considered deployed time. Unanticipated overhauls or extended repairs which occur during a period scheduled as extended deployment in the mission assignment of the ship is time deployed unless otherwise classified by appropriate command authority.
"(f) The phrase "while the unit to which he is assigned is deployed for a period in excess of 90 days" shall apply to periods of time commencing on the 91st day the unit to which the member is assigned is deployed.".
1 - 302. Executive Order No. 11157, as amended, is further amended by deleting section 408 of Part IV thereof.
1 - 4. Effective Date.
1 - 401. The amendments made by this Order to Executive Order No. 11157, as amended, shall be effective as of January 1, 1981.
THE WHITE HOUSE,
January 16, 1981.
Executive Order 12273 46 F.R. 5854 January 16, 1981
Central Intelligence Agency Retirement and Disability System
By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to further conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System, it is hereby ordered as follows:
1 - 101. Section 291(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended (a) by striking out paragraph (1) thereof, and (b) by inserting in lieu thereof the following:
"(1) The first cost-of-living increase (if any) made to an annuity which is payable from the Central Intelligence Agency Retirement and Disability Fund to a participant who retires, or to the widow or widower of a deceased participant, shall be equal to the product (adjusted to the nearest of 1/10 of one percent) of:
a. 1/6 of the applicable percent change computed under subsection (a) of this Section, multiplied by
b. the number of full months for which the annuity was payable from the Fund before the effective date of the increase (counting any portion of a month as a full month).".
1 - 102. The amendment made by subsection 1 - 101(a) hereof shall apply with respect to annuities commencing after January 19, 1981.
THE WHITE HOUSE,
January 16, 1981.
Executive Order 12272 46 F.R. 5853 January 16, 1981
Foreign Service Retirement and Disability System
By the authority vested in me as President of the United States of America by Section 805 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1065), and in order to further conform the Foreign Service Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:
1 - 101. Section 882(c) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1121(c)), shall be deemed to be amended (a) by striking out paragraph (1) thereof, and (b) by inserting in lieu thereof the provisions of Section 8340(c)(1) of Title 5 of the United States Code.
1 - 102. The amendment made by subsection 1 - 101(a) hereof shall apply with respect to annuities commencing after January 19, 1981.
THE WHITE HOUSE,
January 16, 1981.
Executive Order 12271 46 F.R. 4677 January 15, 1981
Continuance of Certain Federal Advisory Committees
By the authority vested in me as President by the Constitution and statutes of the United States of America, in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), and in order to correct typographical errors, it is hereby ordered as follows:
1 - 101. So much of Section 1 - 101(h) of Executive Order No. 12258 (relating to the President's Advisory Committee for Women) that reads " Executive Order No. 12050" is corrected to read " Executive Order No. 12135".
1 - 102. So much of Section 1 - 101(o) of Executive Order No. 12258 (relating to the Federal Advisory Council on Occupational Safety and Health) that reads " Executive Order No. 12195" is corected to read " Executive Order No. 12196".
THE WHITE HOUSE,
January 15, 1981.
Executive Order 12270 46 F.R. 4675 January 15, 1981
President's Council on Spinal Cord Injury
By the authority vested in me as President by the Constitution of the United States of America, and in order to establish, in accord with the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), an advisory committee on spinal cord injury, it is hereby ordered as follows:
1 - 101. There is established a President's Council on Spinal Cord Injury which shall be composed of twelve members appointed by the President.
1 - 102. The Committee shall advise the President, through the Secretary of Education, on appropriate responses to the goals of prevention, diagnosis, treatment, and reversal of spinal cord injury.
1 - 103. The Secretary of Education shall provide the Council with such administrative services and support as may be necessary.
1 - 104. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), execpt that of reporting annually to the Congress, which are applicable to the Council, shall be performed by the Secretary of Education in accordance with guidelines and procedures established by the Administrator of General Services.
1 - 105. The Committee shall terminate on December 31, 1981, unless sooner extended.
THE WHITE HOUSE,
January 15, 1981.
Executive Order 12269 46 F.R. 4673 January 15, 1981
President's Committee on Small Business Policy
By the authority vested in me as President by the Constitution of the United States of America, and in order to establish, in accord with the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), an advisory committee on the recommendations of the White House Conference on Small Business, it is hereby ordered as follows:
1 - 101. There is established a President's Committee on Small Business Policy which shall be composed of seven members appointed by the President.
1 - 102. The Committee shall advise the President, through the Administrator of the Small Business Adminstration, on appropriate responses to the recommendations of the White House Conference on Small Business.
1 - 103. The Administrator of the Small Business Administration shall provide the Committee with such administrative services and support as may be necessary.
1 - 104. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), except that of reporting annually to the Congress, which are applicable to the Committee, shall be performed by the Administrator of the Small Business Administration in accordance with guidelines and procedures established by the Administrator of General Services.
1 - 105. The Committee shall terminate on December 31, 1982, unless sooner extended.
THE WHITE HOUSE,
January 15, 1981.
Executive Order 12268 46 F.R. 4671 January 15, 1981
Hostage Relief Act of 1980
By the authority vested in me as President by the Constitution and statutes of the United States of America, including the Hostage Relief Act of 1980 (Public Law 96 - 449; 94 Stat. 1967; 5 U.S.C. 5561 note) and Section 301 of Title 3 of the United States Code, and in order to provide for the implementation of that Act, it is hereby ordered as follows:
1 - 101. The functions vested in the President by Sections 103, 104, 105 and 301 of the Hostage Relief Act of 1980 (5 U.S.C. 5561 note) are delegated to the Secretary of State.
1 - 102. The Secretary of State shall consult with the heads of appropriate Executive agencies in carrying out the functions in Sections 103, 104, and 105 of the Act.
THE WHITE HOUSE,
January 15, 1981.