CRS: Former U.S. Hostages of Iran to be Eligible for Compensation

Posted: 12:29 am EDT
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From CRS Legal Sidebar (PDF) via Secrecy News:

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Americans Held Hostage at US Embassy Tehran For 444 Days Win Compensation After 36 Years. Finally!

Posted: 4:47  pm EDT
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Very happy to see that this finally happened after so long a wait!

Via NYT:

After spending 444 days in captivity, and more than 30 years seeking restitution, the Americans taken hostage at the United States Embassy in Tehran in 1979 have finally won compensation.

Buried in the huge spending bill signed into law last Friday are provisions that would give each of the 53 hostages or their estates up to $4.4 million. Victims of other state-sponsored terrorist attacks such as the 1998 American Embassy bombings in East Africa would also be eligible for benefits under the law.
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The law authorizes payments of up to $10,000 per day of captivity for each of the 53 hostages, 37 of whom are still alive. Fifty-two hostages were released on Jan. 20, 1981; a 53rd hostage had been released earlier because of illness. Spouses and children are authorized to receive a lump payment of as much as $600,000.
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Some former hostages and their family members had expressed frustration at the Justice and State Departments for blocking efforts over the years to get compensation. In a sense, the spending bill represents Congress’s taking control of the BNP Paribas money back from the Justice Department.  Some hostages did not want to discuss the legislation. “It’s enough,” said Barry Rosen, who was a press attaché at the embassy. “We’ve gone through enough.”

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Related posts:

The Iran Hostages: Long History of Efforts to Obtain Compensation (August 2015)

State Dept Updates 3 FAM 4140 Guidelines For USG Personnel Taken Hostage (September 2015)

Former Iran Hostage John Limbert on Bibi’s Bizarre Piece of Diplomacy (March 2015)

November 4, 1979: Iranian Mob Attacks US Embassy Tehran; Hostages Compensated $50/Day (November 2013)

Supremes Say No to Appeal from US Embassy Iran Hostages (May 2012)

Iranian Mob Attacks British Embassy in Tehran — It’s Dejavu All Over Again! (November 2011)

January 20, 1981: The Iran Hostages – 30 Years Later  (January 2011)

Canadian Caper’s Ken Taylor, an American hero dead at 81

Posted: 2:51 am EDT
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Ken Taylor, the former Canadian ambassador to Tehran known for his role in the Iran hostage crisis, has died, CBC News reported Thursday. He was 81 years old. We’ve previously blogged about Ambassador Taylor when the movie “Argo” first came out. In 1980, he was awarded the United States Congressional Gold Medal. Below is an excerpt from President Reagan’s remarks on June 16, 1981 at the presentation of the Congressional Gold Medal to the former Canadian Ambassador to Iran.

We’re today honoring another act of courage, this one with a happier ending in which the courage and ingenuity were rewarded by success after 79 days. I’d like to sketch briefly the events of those 79 days, to describe not only Ambassador Taylor’s courage but also the contribution of all the Canadian Embassy personnel in Tehran and the Canadian Government in Ottawa.

Four days after the storming of the American Embassy, Ambassador Taylor received a call from five Americans who had escaped from the Embassy when it was overrun. They were hiding, but they were afraid that they’d soon be discovered and captured. Ambassador Taylor immediately recommended to his government in Ottawa that Americans be given shelter. Without any hesitation, the Canadian Government granted the permission. Two days later, the Americans were taken to Ambassador Taylor’s residence and that of another Canadian Embassy family, the John Sheardowns. Two weeks later, another American joined his five compatriots. For 79 days, they lived there pretending to be visitors. I understand they’re the best-read and the most skilled Scrabble players in all of North America.

There were several tense moments in the weeks that followed. At one point, an article was imminent in a Montreal paper which would have disclosed the story of the sheltered Americans. In an admirable display of responsibility, the journalist who had written the article agreed to withdraw it from publication. However, from this article, and more immediately from an anonymous phone call to the Taylor’s residence asking to speak to two of the escapees, Ambassador Taylor knew that the chances of his guests being discovered were high.

At this point, the Canadian Government in Ottawa and the Embassy began the ingenious preparations for an escape. The Canadian Government agreed to issue fictitious passports to the Americans. The Canadian Embassy staff began making flights in and out of Tehran to establish a travel pattern and to learn airport procedures.

Finally, on January 28th, 1980, the Americans packed the bags that were given them by their Canadian hosts with the clothes also given to them. Using their Canadian passports, they flew out of the country. Ambassador Taylor and three others of his staff saw them off and then left themselves. Even this brief outline of those 79 days highlights what a team effort it was.

The Canadian Department of External Affairs in Ottawa and the Canadian Cabinet responded with speed and decisiveness to help an ally. Ambassador Towe is here today representing the Canadian Government. The U.S. State Department is represented today by Ambassador Stoessel, and there were others who were working at the State Department during the crisis who played a part with discretion and skill. And here today also is Representative Daniel Akaka, the sponsor, and several of his cosponsors, of the legislation which resulted in the gold medal which I am going to present today.

Also present today is Lee Schatz, one of the six whom the Taylors rescued, as well as Bruce Laingen and Victor Tomseth, who had to wait a little longer before they could come home.

Mrs. Taylor is here with her husband and was directly involved with him in this deed. She shared the risks. She did much of the work. It was at her residence that several of the Americans were actually staying. And, finally, it’s my great honor to present the medal to Kenneth Taylor whose valor, ingenuity, and steady nerves made possible this one happy chapter in the agony of those 444 days of hostage crisis.

Major Kline. The medal is inscribed by an “Act of Congress, March 6, 1980. Entre amis, appreciation for the noble and heroic effort in the harboring of six United States diplomats and safe return to America. Thank you, Canada.”

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Related posts:

Canadian Caper’s John Sheardown Who Sheltered U.S. Diplomats During Hostage Crisis Dies at 88

Canadian Caper, CIA Exfiltration, Ben Affleck’s Argo and Hurt Feelings

The Iran Hostages: Long History of Efforts to Obtain Compensation

Posted: 12:22  pm EDT
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We’ve previously blogged about the Iran hostages here (see Supremes Say No to Appeal from US Embassy Iran HostagesJanuary 20, 1981: The Iran Hostages – 30 Years LaterNovember 4, 1979: Iranian Mob Attacks US Embassy Tehran; Hostages Compensated $50/Day).  The following CRS report dated July 30, 2015  outlines the history of various efforts, including legislative efforts and court cases, and describes one bill currently before Congress, the Justice for Former American Hostages in Iran Act of 2015 (S. 868) on the bid to compensate the hostages.

Excerpted from CRS report via Secrecy News:

Even today, after the passage of more than three decades, the 1979-1981 Iran Hostage Crisis remains an event familiar to most Americans. Many might be unaware that the 52 American mostly military and diplomatic personnel held hostage in Tehran for 444 days or their survivors continue to strive for significant compensation for their ordeal. The former hostages and their families did receive a number of benefits under various civil service laws, and each hostage received from the U.S. government a cash payment of $50 for each day held hostage. The hostages have never received any compensation from Iran through court actions, all efforts having failed due to foreign sovereign immunity and an executive agreement known as the Algiers Accords, which bars such lawsuits. Congress took action to abrogate Iran’s sovereign immunity in the case, but never successfully abrogated the executive agreement, leaving the plaintiffs with jurisdiction to pursue their case but without a judicial cause of action.

Having lost their bids in the courts to obtain recompense, the former hostages have turned to Congress for relief.
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The Justice for Former American Hostages in Iran Act of 2015, S. 868, a bill similar to S. 559 (113th Cong.), was introduced in the Senate at the end of March and referred to the Committee on Foreign Relations. Like its predecessor bill, S. 868 would establish the American Hostages in Iran Compensation Fund in the U.S. Treasury to be funded through a 30% surcharge on penalties, fines, and settlements collected from violators of U.S. sanctions prohibiting economic activity with Iran. The 2015 bill, however, would permit payments from the fund to be administered by the plaintiffs’ representative and principal agent in Roeder I, under the supervision of the Secretary of the Treasury. The surcharge would apply to sanctions administered by Department of State, the Department of the Treasury, the Department of Justice, the Department of Commerce, or the Department of Energy. Surcharges would be required to be paid to the Secretary of the Treasury without regard to whether the fine or penalty is paid directly to the federal agency that imposed it or it is deemed satisfied by a payment to another federal agency.

The purpose of the fund would be to make payments to the former hostages and their family members who are members of the proposed class in Roeder I, as well as to settle their claims against Iran. The proposed class in Roeder I appears to consist of “Representatives, administrators and/or executors of the estates of all diplomatic and military personnel and the civilian support staff who were working at the United States Embassy in Iran during November 1979 and were seized from the United States Embassy grounds, or the Iranian Foreign ministry, and held hostage from 1979 to 1981.”

Accordingly, it is unclear whether all spouses and children of the former hostages qualify for payments from the fund.

Payments would be made in the following amounts and according to this order of priority:

(A) To each living former hostage identified as a member of the proposed class described in subsection (a)(1), $10,000 for each day of captivity of the former hostage [$4.44 million per former hostage].

(B) To the estate of each deceased former hostage identified as a member of the proposed class described in subsection (a)(1), $10,000 for each day of captivity of the former hostage [$4.44 million per estate of a former hostage].

(C) To each spouse and child of a former hostage identified as a member of the proposed class described in subsection (a)(1) if the spouse or child is identified as a member of that proposed class, $5,000 for each day of captivity of the former hostage [$2.22 million per qualifying spouse or child of a former hostage].

The bill would not appear to provide compensation for former hostages who were released from captivity prior to 1981.

Under the bill, once a class member consents and receives payments from the fund, the recipient would be barred from bringing a lawsuit against Iran related to the hostage crisis. Once all payments are distributed according to the above plan, all such claims against Iran would be deemed waived and released.

Read in ful here: CRS R43210: The Iran Hostages: Efforts to Obtain Compensation.

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Supremes Say No to Appeal from US Embassy Iran Hostages

Via NYT:

The Supreme Court on Tuesday rejected the last legal appeal for former American hostages seeking compensation for their captivity in Iran three decades ago, leaving legislation newly introduced in Congress as the last chance to resolve their longstanding grievance.

A lower court, acting at the request of the State Department, previously blocked the hostages’ effort to win compensation from Iran, holding that the agreement under which they were released barred such claims. The former hostages had sued under a 1996 law that they argued allowed them to seek damages, and in August 2001 they won a judgment of liability, because Iran did not appear in court to defend itself. But the State Department argued that its ability to conduct foreign policy would be compromised if damages were awarded.

Read in full here.

Click here for a GQ piece from 2009, a sort of oral history where more than fifty men and women—hostages, hostage-takers, commandos from the ill-fated U.S. rescue mission, and Iranian and American politicians and policymakers were interviewed for the 30th anniversary of the Iran hostage crisis.

The 52 former hostages board the VC-137B Freed...

The 52 former hostages board the VC-137B Freedom One aircraft for their departure to the United States after their release from Iran. (Photo credit: Wikipedia)

English: Families wait for the former hostages...

English: Families wait for the former hostages to disembark the plane. The former hostages will be on U.S. soil for the first time since their release from Iran. Location: STEWART FIELD, NEW YORK (NY) UNITED STATES OF AMERICA (USA) (Photo credit: Wikipedia)

English: Vice President George Bush and other ...

English: Vice President George Bush and other VIP’s wait to welcome the former hostages to Iran home. Location: ANDREWS AIR FORCE BASE VIRIN: DF-SC-82-06566 (Photo credit: Wikipedia)

Judge Sullivan in his 2002 ruling wrote that “‘Both Congress and the president have expressed their support for these plaintiffs’ quest for justice while failing to act definitively to enable these former hostages to fulfill that quest.”

Parade’s over.  Iran is still big news, but no one is rushing to meet, or wait or put out a concert for the former hostages. Most especially, the State Department.

Support was easy when all it required was a yellow ribbon?

Yellow ribbon flown in 1979 by Penne Laingen when her husband, US diplomat Bruce was held captive during the Iran hostage crisis; among the first of the modern “yellow ribbons.”
US lib of congress picture from http://www.loc.gov/folklife/ribbons/ (Photo credit: Wikipedia)

In 2002, NYT reported that the former hostages, and in some cases their survivors, sued Iran under the 1996 law.  While the plaintiffs won their lawsuit by default in August 2001, the State Department sought dismissal, arguing reportedly that it needed to preserve its ability to make binding agreements.

And in so doing, it also sends a signal to all future state sponsored hostage takers that they can take any of our diplomats at any time and they will not suffer any consequences except a break in diplomatic relations, and limited visa issuance restrictions to its officials.  If Iran is jerking our chain these days, that’s because we have taught it the wrong lesson.  The end.

Domani Spero