Topics in Brief

• Author: International Law Group

U S. and China sign agreement for mutual assistance in criminal matters

On June 19, 2000, the U.S. and China concluded an Agreement on Mutual Legal Assistance in Criminal Matters in Beijing. Chinese Assistant Foreign Minister, Zhang Yesui, and Eugene Martin, U.S. Charge d'Affaires to China signed the Agreement. The event occurred during the visit to China of Barry R. McCaffrey, the director of the Office of National Drug Control Policy. Aimed in particular at drug related crimes, the Agreement includes provisions on mutual assistance for the service of documents, investigation and taking of evidence, and seizing assets. Citation: Newsletter, Embassy of People's Republic of China, No. 00-12, June 30, 2000; [See also Washington Post, June 20, 2000, page A17.]

Iran-U S. Claims Tribunal rules on U.S. compliance with Algiers Declarations

In the 1970s and 1980s, the Iranian government brought a number of American lawsuits to recover assets that Iran claimed that the former Shah of Iran and his family had stolen. Paragraphs 12-14 of the Algiers Declaration requires the U.S. government to freeze any assets of Pahlavi family members served as defendant in a civil action by Iran, demands that all persons in the U.S. report any knowledge they have about such assets, dictates that the U.S. government inform the courts that sovereign immunity or the act of state doctrine do not apply and ensures the enforcement of Iranian judgments in such cases pursuant to U.S. law. After the U.S. courts dismissed all of these suits, Iran went to the Iran-U.S. Claims Tribunal at the Hague contending that the U.S. has repeatedly failed to live up to its duties. In a 5 to 4 vote, the Tribunal handed down its ruling on April 7, 2000. As to the New York state action against the Shah himself (during which he had passed away) no estate was ever collected so that the U.S.'s duty to freeze never arose. The result differs as to the American lawsuits against the Shah's wife and three sisters. After Iran had process served on these defendants, the U.S. allegedly declined to look into and freeze their assets unless the validity of service was...