¹ Mar. 30, 1867, 15 Stat. 539, TS No. 301, 11 Bevans 1216.

² Article 3 reads as follows:

1. In any area east of the maritime boundary that lies within 200 nautical miles of the baselines from which the breadth of the territorial sea of the Soviet Union is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured (“eastern special area”), the Soviet Union agrees that henceforth the United States may exercise the sovereign rights and jurisdiction derived from exclusive economic zone jurisdiction that the Soviet Union would otherwise be entitled to exercise under international law in the absence of the agreement of the Parties on the maritime boundary.

2. In any area west of the maritime boundary that lies within 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the Soviet Union is measured (“western special area”), the United States agrees that henceforth the Soviet Union may exercise the sovereign rights and jurisdiction derived from exclusive economic zone jurisdiction that the United States would otherwise be entitled to exercise under international law in the absence of the agreement of the Parties on the maritime boundary.

3. To the extent that either Party exercises the sovereign rights or jurisdiction in the special area or areas on its side of the maritime boundary as provided for in this Article, such exercise of sovereign rights or jurisdiction derives from the agreement of the Parties and does not constitute an extension of its exclusive economic zone. To this end, each Party shall take the necessary steps to ensure that any exercise on its part of such rights or jurisdiction in the special area or areas on its side of the maritime boundary shall be so characterized in its relevant laws, regulations, and charts.

³ 26 Weekly Comp. Pres. Doc. 868 (June 4, 1990).

⁴ Dept. of State Files L/T.

¹ For the text, see Dept. of State File No. P90 0121-2189/2190.

² Ch. IV, 101 Stat. 391,406-07(1987).

³ Sec. 567, 103 Stat. 1195, 1242(1989).

⁴ See Ramirez de Arellano v. Weinberger, 568 F.Supp. 1236 (D.D.C.), dismissal aff’d on other grounds, 724 F.2d 143 (D.C. Cir. 1983), summarized in 78 AJIL 446 (1984).

⁵ 745 F.2d 1500 (D.C. Cir. 1984), summarized in 79 AJIL 449 (1985).

⁶ 98 Stat. 1884, 1893-94(1984).

⁷ 471 U.S. 1113(1985).

⁸ 788 F.2d 762, 763-64 (D.C. Cir. 1986).

⁹ See letters from Acting Secretary of State John C. Whitehead to Senators Inouye and Kasten, among others (June 10, 1987), Dept. of State Staff Secretariat Log. No. 8716693.

¹⁰ See note 6 supra.

¹¹ The Conference Report on the Department of Defense Authorization Act of 1985, Pub. L. No. 98-525, 98 Stat. 2492, had directed the Secretary of Defense to make a report on certain specific questions. See H.R. Rep. No. 1080, 98th Cong., 2d Sess. 285-86 (1984).

¹² 101 Stat. 391, note 2 supra.

¹³ Id. at 406-07; see also H.R. Rep. No. 195, 100th Cong., 1st Sess. 47 (1987).

¹⁴ Pub. L. No. 100-461, 102 Stat. 2268 (1988).

¹⁵ Id. at 2268-45.

¹⁶ Sec. 567, 103 Stat. 1195, 1242 (1989).

¹⁷ See note 2 supra.

¹⁸ 103 Stat, at 1242-43. Sec. (j) of Pub. L. No. 100-71 is at 101 Stat. 406.

¹⁹ See note 1 supra.

²⁰ On July 5, 1990, the Department of State transferred the $7.8 million to the claimant Temistocles Ramirez de Arellano against a release signed by him in his own right and as agent and attorney in fact for four named Honduran corporations. Dept. of State File No. P90 0114-2205.

In identical letters, dated July 10, 1990, Janet G. Mullins, Assistant Secretary of State for Legislative Affairs, informed Senator Robert C. Byrd, Chairman of the Senate Committee on Appropriations, and Congressman Jamie L. Whitten, Chairman of the House Committee on Appropriations, of the settlement of the dispute “between a U.S. citizen and the Government of Honduras” by means of a government-to-government agreement. Id., No. P90 0114-2203/2204.

¹ Declaration of the Government of the Democratic and Popular Republic of Algeria concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran, Jan. 19, 1981, Dept. St. Bull., No. 2047, February 1981, at 3, reprinted in 75 AJIL 422 (1981).

² Declaration of the Government of the Democratic and Popular Republic of Algeria, Jan. 19, 1981, Dept. St. Bull., No. 2047, February 1981, at 1, reprinted in 75 AJIL 418 (1981).

³ Dept. of State Files L/T.

⁴ Dept. of State File No. P90 0111-1911/1912.

Under the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, Pub. L. No. 99-93, title V, 99 Stat. 405, 437 (1985), the Foreign Claims Settlement Commission is authorized to determine the validity and amounts of claims by U.S. nationals against Iran that have been settled en bloc. In settling these claims, the Commission is to apply, in the following order:

(1) the terms of any settlement agreement;

(2) the relevant provisions of the Declarations of the Government of the Democratic and Popular Republic of Algeria of January 19, 1981, giving consideration to interpretations thereof by the Iran-United States Claims Tribunal; and

(3) applicable principles of international law, justice, and equity.

50 U.S.C. §1701 note (Supp. V 1987).

⁵ Dept. of State File No. P90 0111-1919.

¹ S. Treaty Doc. No. 18, 101st Cong., 2d Sess., at V-XII (1990).

¹ 55 Fed. Reg. 31,803(1990).

² Id. at 31,805.

³ SC Res. 661, UN Doc. S/PV.2933 (Aug. 6, 1990) (unofficial transcription). For the vote, see id. at 54-55.

¹ July 3, 1974, S. Exec. Doc. N, 94th Cong., 2d Sess. 1 (1976), reprinted in 13 ILM 906 (1974).

² May 28, 1976, S. Exec. Doc. N, supra note 1, at 5, reprinted in 15 ILM 891 (1976).

³ See S. Exec. Doc. N, supra note 1 at 3, 9.

⁴ S. Treaty Doc. No. 19, 101st Cong., 2d Sess. 1 (1990).

On September 14, 1990, the Senate Committee on Foreign Relations unanimously recommended that the Senate give its advice and consent to the two Protocols. S. Exec. Rep. No. 31, 101st Cong., 2d Sess. (1990).