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    "title": "Iran/Arms Transaction: Legal Memoranda: Sale and Shipment of Military Equipment to Iran (3)",
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    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Culvahouse, Arthur B.: Files\nFolder Title: Iran/Arms Transaction: Legal Memoranda:\nSale and Shipment of Military Equipment to Iran (3)\nBox: CFOA 1131\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name CULVAHOUSE, ARTHUR B. .:FILES\nWithdrawer\nDLB\n8/20/2014\nFile Folder\nIRAN/ARMS TRANSACTION: LEGAL MEMORANDA:\nFOIA\nSALE AND SHIPMENT OF MILITARY EQUIPMENT TO\nS643\nIRAN\nBox Number\nCFOA 1131\nSYSTEMATIC\n160\nID\nDoc Type\nDocument Description\nNo of Doc Date Restrictions\nPages\n165158\nMEMO\nPETER WALLISON TO DONALD REGAN,\n6 11/11/1986 B1\nRE: LEGAL RESTRICTIONS ON\nSHIPMENTS OF U.S. MILITARY\nEQUIPMENT TO IRAN\nThe above documents were not referred for declassification review at time of processing\nFreedom of Information Act [5 U.S.C. 552(b)]\nB-1 National security classified information [(b)(1) of the FOIA]\nB-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nCULVAHOUSE, ARTHUR B. FILES\nDLB 8/20/2014\nFile Folder\nFOIA\nIRAN/ARMS TRANSACTION: LEGAL MEMORANDA: SALE\nS643\nAND SHIPMENT OF MILITARY EQUIPMENT TO IRAN\nSYSTEMATIC\nBox Number\nCFOA 1131\n160\nID\nDocument Type\nNo of\nDoc Date\nRestric-\nDocument Description\npages\ntions\n165158 MEMO\n6 11/11/1986\nB1\nPETER WALLISON TO DONALD REGAN, RE:\nLEGAL RESTRICTIONS ON SHIPMENTS OF U.S.\nMILITARY EQUIPMENT TO IRAN\nThe above documents were not referred for declassification review at time of processing\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified information [(b)(1) of the FOIA]\nB-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nTHE WHITE HOUSE\nWASHINGTON\nNovember 12, 1986\nMEMORANDUM FOR DONALD T. REGAN\nCHIEF OF STAFF TO THE PRESIDENT\nFROM:\nPETER J. WALLISON\npep\nSUBJECT:\nSales of U.S. Military Equipment to Iran\nIntroduction\nVarious press reports have described alleged shipments of U.S.\nmilitary equipment to Iran. The manner in which such shipments\nare said to have taken place varies widely throughout the\ndiffering accounts. Determination of the applicable law, and\nanalysis of relevant legal provisions, is heavily dependent upon\na precise rendering of the facts. The following general\ndiscussion, therefore, is designed solely to provide an overview\nof possibly relevant provisions of the Arms Export Control Act,\nthe Export Administration Act, and related orders and\nregulations. This memorandum does not, however, offer any\nconclusions as to the legality of alleged shipments of U.S.\nmilitary articles to Iran. In my opinion, it would be\ninappropriate to offer any such conclusions solely on the basis\nof hypothetical facts or media accounts.\nArms Export Control Act\nGenerally, export to foreign countries of items on the U.S.\nMunitions List / is governed by the Arms Export Control Act.\nThe Act generally applies, however, only to sales or leases by\nthe United States government. Transactions involving\nnon-Munitions List items, structured as other than sales or\nleases, or involving a principal other than the United States\ngovernment, may not be covered by the Act.\n* / The United States Munitions List covers a wide range of items\ndeemed to be inherently military in character including, but not\nlimited to, firearms, munitions and rockets; military aircraft,\nvehicles and electronics; and equipment and spares for such\nitems.\n- 2 -\nNon-Transfer and Use Assurances. Pursuant to section 3 of\nthe Act, sales or leases of military articles to any country or\ninternational organization are permitted only if that country or\norganization agrees not to transfer such articles to a third\ncountry (e.g., Iran) unless the consent of the President has\nfirst been obtained. In addition, section 3 provides as a\nprerequisite to sale or lease of military articles to any country\nthat the recipient country must agree to maintain the security of\nsuch articles and to provide substantially the same degree of\nsecurity protection accorded to such articles by the United\nStates government.\nIn considering a request by a recipient country for approval of\nthe sale of any military articles to another country, section 3\nof the Act requires that the President \"shall not give his\nconsent\nunless the United States itself would transfer the\ndefense article under consideration to that country.\" As noted\nbelow, there are legal restrictions on the United States itself\ntransferring military articles to Iran that could be applicable.\nIf these restrictions are applicable, it would be an issue\nwhether the President could consent to a transfer to Iran of\nmilitary articles from a legitimate recipient country.\nIf the President were to consent to the transfer by a recipient\ncountry (e.g., Israel) to Iran, section 3 of the Act requires\nthat he \"promptly submit a report to the Speaker of the House of\nRepresentatives and to the Committee on Foreign Relations of the\nSenate on the implementation of\" the non-transfer and use\nassurance agreements required by the Act. \"Promptly\" is not\ndefined in the Act.\nSection 3 also provides that the President may not consent to a\ntransfer by a recipient country (e.g., Israel) to a third country\n(e.g., Iran) of defense articles exceeding $50 million in value\n(in terms of their original acquisition cost), or any \"major\ndefense equipment\" exceeding $14 million in value, unless he\nsubmits a detailed report concerning the transaction to Congress\nat least 30 calendar days before giving such consent.\nOmnibus Diplomatic Security and Anti-Terrorism Act of 1986.\nThis law amended the Arms Export Control Act by adding a new\nsection 40, which became effective on August 27, 1986. On and\nafter that date, Munitions List items \"may not be exported to any\ncountry which the Secretary of State has determined\nhas\nrepeatedly provided support for international terrorism.' In\nSecretarial Determination 84-3 (attached), the Secretary of State\ndetermined that Iran is a country which has repeatedly provided\nsupport for international terrorism. That determination has not\nbeen revoked. Exports of U.S. military equipment to Iran after\nAugust 27, 1986, would therefore be an issue under this\nprovision. The President may, however, waive this prohibition if\nhe determines that \"the export is important to the national\ninterests of the United States and submits to the Congress a\n- 3 -\nreport justifying that determination and describing the proposed\nexport. \" The provision thus contemplates that the President's\nwaiver will be submitted to Congress before the sale takes place.\nAny such waiver by the President is valid for 90 days after it is\ngranted, unless extended by law.\nProhibition on Sales to Governments Granting Sanctuary to\nTerrorists. Section 3(f) of the Arms Export Control Act requires\nthat the President \"shall terminate all sales under this chapter\n[Arms Export Control] to any government which aids or abets, by\ngranting sanctuary for prosecution to, any individual or group\nwhich has committed an act of international terrorism.\"\nThis provision of the Arms Export Control Act does not specify in\nwhat manner a determination is made that a government grants\nsanctuary to terrorists. However, the Secretary of State's\ndetermination that Iran is a country which has repeatedly\nprovided support for acts of international terrorism might be\napplicable here.\nSection 3 (f) permits the President to avoid the prohibition of\nthis section if he finds \"that the national security requires\notherwise.\" In that case, \"he shall report such finding to the\nSpeaker of the House of Representatives and the Committee on\nForeign Relations of the Senate.\" No time period for this report\nis specified.\nWe note that this section by its plain language appears to apply\nonly to ongoing sales, credits and guaranties; it requires that\nthe President terminate such sales, credits and guaranties, or\nthat he may continue them if this is required by national\nsecurity. This section may not, therefore, apply to a situation\nin which ongoing sales, credits or guaranties do not exist.\nLicense Requirement. Section 38 of the Arms Export Control\nAct prohibits the export of Munitions List items without a\nlicense issued under regulations implementing that section. The\nimplementation of this section, including the authority to adopt\nregulations and to grant licenses, has been delegated to the\nSecretary of State.\nThe requirement in this section that a license be obtained for\nthe export of military articles is expressly made inapplicable to\n\"exports or imports made by or for an agency of the United States\ngovernment (A) for official use by a department or agency of the\nUnited States government, or (B) for carrying out any foreign\nassistance or sales program authorized by law and subject to the\ncontrol of the President by any other means.\" The scope of this\nexception is described in the International Traffic and Arms\nRegulations (\"ITAR\"), issued by the Secretary of State. In\nparticular, § 126.4 of the regulations states that the\nabove-cited exception applies \"only when all aspects of a\ntransaction (export, carriage and delivery abroad) are effected\n- 4 -\nby a United States government agency, or when the export is\ncovered by a United States government bill of lading.\" The\nregulation expressly states that the exception \"does not\nauthorize any department or agency of the U. S. government to\nmake any export which is otherwise prohibited by virtue of other\nadministrative provisions or by any statute.\" Nothing in the\nITAR, however, expressly prohibits the export of Munitions List\nitems to Iran.\nExport Administration Act\nThe export of items not on the Munitions List, but which have\npotential military application, is generally governed by the\nExport Administration Act.\nSection 6 of the Export Administration Act requires that certain\ncongressional committees be notified at least 30 days prior to\nthe approval of any license for the export, to any country which\nthe Secretary of State has determined has repeatedly provided\nsupport for acts of international terrorism, of any goods or\ntechnology worth more than $1 million which would make a\nsignificant contribution to its military potential. As indicated\nabove, Iran has been so designated by the Secretary of State.\nThe authority of the Export Administration Act has also been used\nto impose a requirement for validated licenses (and a presumption\nof denial) for certain categories of exports to Iran thought to\nhave particular military application, including all aircraft and\nhelicopters and related parts and components, and all goods and\ntechnical data subject to national security controls and destined\nfor a military end-user or end-use.\nIranian Assets Control Regulations\nAt the time of the Iranian hostage crisis, certain Iranian\nproperties in the United States were blocked by Executive Order\n12270, issued November 14, 1979. These assets may have included,\nin part, military equipment purchased under contract pursuant to\na legally authorized U. S. sales program. Certain press reports\nhave speculated that military equipment previously so blocked has\nbeen shipped to Iran.\nUnder the Iranian Assets Control Regulations issued by the\nDepartment of the Treasury on May 21, 1984, a Treasury license is\nrequired for the movement or transfer of any tangible property in\nwhich Iran has any interest whatsoever and which has potential\nmilitary application. This license requirement applies to\nMunitions List items acquired by Iran through commercial channels\nprior to the hostage crisis but never exported. It does not,\nhowever, apply to items exported directly by the U. S.\ngovernment.\n- 5 -\nFurthermore, the authority for the Iranian Assets Control\nRegulations was conferred by the President by virtue of Executive\nOrder 12270 and the International Emergency Economic Powers Act.\nAny restriction in the regulations on the actions of the\nPresident, therefore, would generally be susceptible of\nrevocation by the President himself.\n2836\nFederal Register / Vol. 49. No. 15 / Monday, January 23, 1984 / Notices\nDATE AND TIME: February 13. 1984, 8:30\nPACIFIC NORTHWEST ELECTRIC\nDEPARTMENT OF TRANSPORTATION\na.m. to 5 p.m.; and February 14. 1984,\nPOWER AND CONSERVATION\n8:30 a.m. to 12 noon.\nFederal Aviation Administration\nPLANNING COUNCIL\nADDRESS: National Aeronautics and\nHydropower Options Task Force;\nNational Airspace Review; Meeting\nSpace Administration, FB 10-B.\nFebruary 13, Room 625-T. and February\nRegular Meeting Notice\nAGENCY: Federal Aviation\nAdministration, DOT.\n14. Room 226-A. 600 Independence Ave.\nAGENCY: Hydropower Options Task\nACTION: National Airspace Review Plan\nSW. Washington, D.C.\nForce of the Pacific Northwest Electric\nRevision.\nFOR FURTHER INFORMATION CONTACT:\nPower and Conservation Planning\nHenry V. Bielstein. M.D., Code EB,\nCouncil (Northwest Power Planning\nSUMMARY: On April 22, 1982, the\nNational Aeronautics and Space\nCouncil).\nNational Airspace Review plan was\nAdministration, Washington, DC 20546\npublished in the Federal Register. The\nACTION: Notice of meeting.\n(202/453-1546).\nplan encompassed a review of airspace\nuse and the procedural aspects of the air\nSUPPLEMENTARY INFORMATION: The Life\nNotice of meeting to be held pursuant\ntraffic control system. Subsequent\nSciences Advisory Committee consults\nto the Federal Advisory Committee Act,\nrevisions to the schedule of various task\nwith and advises the Council and NASA\n5 U.S.C. Appendix I. 1-4. Activities will\ngroups have been made. This notice\non the accomplishments and plans of\ninclude:\nadvises that Task Group 2-4.4,\nNASA's Life Sciences Programs.\nReview of Hydropower Options Task\nHelicopter Operations. Approach\nThis meeting will be closed to the\nForce Charter\nProcedures, which was scheduled to\npublic from 4 p.m. to 5 p.m. on February\nDiscussion of Bonneville proposal\nbegin February 20, 1984. has been\n13 for a discussion of candidates being\nDiscussion of Work Schedule\npostponed until after April 30, 1984, in\nconsidered for Committee membership.\norder to ensure availability of pertinent\nBusiness\nDuring this session, the qualifications of\nflight test data results to the task group.\nPublic Comment.\nproposed new members will be candidly\nA specific date for this task group\ndiscussed and appraised. Since this\nSTATUS: Open.\nsession will be provided in a subsequent\nsession will be concerned throughout\nSUMMARY: The Northwest Power\nnotice in conjunction with other plan\nwith matters listed in 5 U.S.C. 552(c)(6),\nrevisions.\nPlanning Council hereby announces a\nit has been determined that this session\nforthcoming meeting of its Hydropower\nFOR FURTHER INFORMATION CONTACT:\nshould be closed to the public. The\nOptions Task Force.\nNational Airspace Review Program\nremainder of the meeting will be open to\nManagement Staff, room 1005, Federal\nthe public up to the seating capacity of\nDATE: Tuesday. January 31. 1984. 9 a.m.\nAviation Administration. 800\nthe room (approximately 35 persons\nADDRESS: The meeting will be held at\nIndependence Avenue. SW.,\nincluding committee members and other\nthe Council Hearing Room at 700 SW.\nWashington. D.C. 20591. 202-426-3560.\nparticipants).\nTaylor: Suite 200. in Portland. Oregon.\nIssued in Washington. D.C., on January 11.\n1984.\nType of Meeting\nFOR FURTHER INFORMATION CONTACT:\nTom Foley. (503) 222-5161.\nKarl D. Trautmann,\nOpen-except for a closed session as noted\nManager. Special Projects Staff Air Traffic\nin the agenda below.\nEdward Sheets.\nService.\nExecutive Director.\nFebruary 13. 1984\n(FR Doc. 84-1750 Filed 1-20-84: 8:45 aml\n[FR Doc. 64-1787 Filed 1-20-84 8:45 am]\nBILLING CODE 4910-13-M\n8:30 a.m.-Committee Functions (Open\nBILLING CODE 0000-00-M\nsession).\n9 a.m.-SL-1 Preliminary Results (Open\nRadio Technical Commission For\nsession).\nAeronautics (RTCA), Special\nDEPARTMENT OF STATE\n10:30 a.m.-Review Life Sciences' Program\nCommittee 151-Airborne Microwave\nPlan (Open session).\nOffice of the Secretary\nLanding System Area Navigation\n1 p.m.-Review of Space Station Plan\nEquipment; Meeting\n(Open session).\n[Secretarial Determination 84-3]\nPursuant to section 10(a)(2) of the\n4:00 p.m.-LSAC Membership (Closed\nDetermination Pursuant to Section 6(i)\nFederal Advisory Committee Act (Pub.\nsession).\nof the Export Administration Act of\nL. 92-463; 5 U.S.C. App. I) notice is\nFebruary 14. 1984\n1979-Iran\nhereby given of a meeting of RTCA\n8:30 a.m.-Status of space Biomedical\nSpecial Committee 151 on Airborne\nIn accordance with Section 6(i) of the\nInstitute (Open session).\nMicrowave Landing System (MLS) Area\nExport Administration Act of 1979, 50\n9:30 a.m.-Advocacy Paper (Open session).\nNavigation Equipment to be held on\nU.S.C. App. 2405(i), I hereby determine\n12 noon-Adjourn.\nFebruary 8-10. 1984. in the RTCA\nthat Iran is a country which has\nConference Room. One McPherson\nDated: January 17, 1984.\nrepeatedly provided support for acts of\nSquare. 1425 K Street NW., Suite 500.\nRichard L. Daniels,\ninternational terrorism.\nWashington. D.C. commencing at 9:30\nDirector. Management Support Office. Office\nGeorge P. Shultz.\na.m.\nof Management.\nSecretary of State.\nThe Agenda for this meeting is as\n[FR Dnc. 84-1748 Filed 1-20-84 8:45 aml\nFR Doc 84-1825 Filed 1-20-84 8:45\nfollows: (1) Chairman's Introductory\nBILLING CODE 7510-01-M\nBILLING CODE 4710-06-M\nRemarks: (2) Approval of Minutes of the\nSeen of determetion"
}