Memorandum of The United States of America for Model United Nations on

frozen assets of the Islamic Republic of Iran by the USA

International Court of Justice

Submitted by: Advocates of the USA

Date: 14th March, 2018
To the Registrar: We, the undersigned, duly authorized by the Government
of The United States of America, of which we are the Agent, have the honor
to submit to the International Court of Justice in accordance with Articles
36 (I) and 40 (I) of its Statute and Article 38 of its Rules, an application
defending proceedings brought by the Islamic Republic of Iran against the
United States of America in the following case.

The United States of America agrees that the jurisdiction of the court in this
matter is based on a provision of the Preamble of the United Nations Charter
which states the objective to “establish conditions under which justice and
respect for the obligations arising from treaties and other sources of
international law can be maintained” and hence pronounces verdict on rulings
based on the Treaty of Amity signed at Tehran in 1955.

The charges levied by the Islamic Republic of Iran, represented by their advocacy
were based on claims that the United States of America, of which we are the
advocates, has violated the Treaty of Amity by subjecting assets of Iran and
Iranian State-owned entities such as the Central Bank of Iran, also known as
Bank Merkazi to civil enforcement proceedings within its jurisdiction and openly
flouting international law norms regarding State immunity from national law
enforcement.

However, the United States of America refuses to acknowledge such blatant

claims as it is common legal knowledge that especially in matters of national
importance governing the basic humanitarian principles of human life, liberty
and safety that national law precedes international law and hence the ruling of
the United States Supreme Court in the case of Bank Merkazi v. Peterson
ordering turnover of $1.75 billion in Bank Merkazi Assets to families of victims
1983 Beirut Barracks bombing is just and valid in all senses of righteousness.

Considering that these funds were made available to the victims to satisfy
previous judgments under the under the Terrorism Exception to the Foreign
Sovereign Immunities Act, and under the law of the United States of America 28
US Code Chapter 97: jurisdictional immunities of foreign states: Article 1605A
requiring Iran to pay damages to victims families due to their role as a State in
these attacks, as the 1983 Beirut attacks resulted in the deaths of 241 U.S and
French peacekeepers, 6 civilians and both suicide attackers by Islamic Jihad
which is allied with Iranian Revolutionary Guards and Hezbollah.

Additionally, revising existing facts, the key provisions cited by Iran against the
United States of America in article IV of the Treaty of Amity do not apply to Bank
Merkazi or other government instrumentalities and therefore US seizure and
enforcement proceedings against the properties of such entities does not
implicate, let alone violate, the Treaty of Amity.

The United States of America would confirm that the immunity of the Islamic
Republic of Iran’s immunity to law enforcement by the U.S is void to their extent
of State sponsorship of terrorism and militancy which has been proved
repeatedly in the recourse of time and hence is not entitled to cite terms of a
treaty such as the treaty of amity which is null in this view.