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By the kindness of the Algerian Embassy.
To his Excellency Hojatolislam Ali Akbar Hashemi Rafsanjani
President, Islamic Majlis
Tehran, Islamic Republic of Iran
Message from Professor Fisher, Professor
of Law, Harvard University, Cambridge, Massachusetts,
U.S.A
-----Urgent-----
Please deliver to Mr. Rafsanjani personally as soon
as possible.
This messages is expected.
-----Urgent-----
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With reference to my telephone
conversations with your office and with Dr. Beheshti,
you will find below the text of the most recent
version of my draft discussion paper outlining possible
elements of an Iranian-US settlement.
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It is my belief that a decision
by the Islamic Majlis on the hostage and related
questions concerning the United States would be
much easier if Iran knew just what the United States
Government would do following the release of the
hostages.
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Accordingly, as a Harvard professor
and a private American citizen, I would like to
complete as soon as possible a written recommendation
as to the commitments that the United States Government
should now make to Iran and to the United Nations
on what U.S. policy toward Iran will be following
the release of the hostages.
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Below is my preliminary working
draft of such a U.S. policy commitment. This draft
is not repeat not an official or unofficial U.S.
government statement or proposal. It represents
merely my own current thoughts on what such U.S.
commitments should be, based on my current understanding
of U.S. and Iranian interests. I expect to revise
this draft repeatedly as my understanding of Iranina
and other interests improves. Indeed, this draft
differs even from the version I discussed with Dr.
Beheshti yesterday. Since this text is only my personal
draft I recommend it not be made public. Publication
might generate misunderstanding.
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The draft is intended to reflect
the following principles of legitimacy:
A) that Iran seeks nothing more
than that to which, in its view, it is legally
or morally entitled; and
B) that the United States, in turn, in response
to Iranian requests, should provide Iran with
no more and no less than that to which Iran would
have been legally or morally entitled if the hostages
had not been taken.
I believe that a settlement based
on these principles would be just, and politically
feasible. Neither side would be or would appear
to be giving in to coercion, and both would be gaining
satisfaction of their legitimate interests.
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My purpose in sharing this draft
with you and others is to gain from your criticism
a better understanding of the basic interests of
Iran, thereby enabling me to produce a better draft.
*** Following is the current version as
of August 29, 1980 of a possible U.S. commitment as
drafted by me, Roger Fisher. This draft has not been
approved by any official in either government. ***
Dear _____________________:
Let me confirm that immediately following
the release of the hostages, the official policy of
the United States Government shall be as follows:
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Acceptance of the Revolution.
The United States fully accepts the legitimacy of
the Government of the Islamic Republic of Iran as
the result of a popular revolution.
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Non-Interference. The United
States will not interfere in the internal affairs
of Iran. The United States will take no action to
overthrow or to support the efforts of others to
overthrow the Government of the Islamic Republic
of Iran.
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No Punitive Action. The United
States will take no punitive action against Iran,
whether military, economic, diplomatic, political,
or of any other kind.
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End of Sanctions. The United
States will promptly terminate all sanctions against
Iran and against Iranian nationals. In particular:
- There shall be no special restrictions or adverse
treatment applicable to Iranian students in the
United States.
- There shall be no U.S. governmental restrictions
on sales to or purchases from Iran or Iranian
nationals other than those applicable to other
governments and other nationals.
- Following the financial settlement there shall
be no special U.S. governmental restrictions on
financial transactions with Iran or with Iranian
nationals.
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Stolen Wealth. The United
States Government will actively cooperate with the
Government of Iran in seeking to locate all funds
properly belonging to the Government of Iran that
were wrongfully removed from Iran by the Shah, and
will facilitate and support the use by the Government
of Iran of judicial and other legal remedies to
recover such funds.
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Inter-Governmental Claims. The
United States assumes special responsibility for
pursuing the issue of financial compensation for
and with respect to the hostages. Those claims,
claims with respect the U.S. Embassy and U.S. Consulates
in Iran, claims by Iran against the Government of
the United States and all other inter-governmental
claims shall be negotiated between the two governments.
In these negotiations, the United States will accept
the assistance of a mutually acceptable third party
should Iran so desire.
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Bank Loans; Commercial and Other
Private Claims; Litigation. The United States
will actively promote a prompt and just settlement
of private financial and commercial claims with
Iran, first through negotiation and, to the extent
necessary, through an international claims commission
or other such procedure. The United States understands
that Iran wishes to pay its just debts. The United
States, in turn, is prepared on a basis of reciprocity
with Iran to support a settlement based on two principles:
- First, that with respect to its funds, Iran
should be treated equally with other sovereign
states; and
- Second, that a settlement should seek to restore
the parties, as near as may be, to the legal
and equitable position they would have been
in had the hostages not been taken.
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Other Countries. The United
States Government will encourage U.S. allies in
Western Europe, Japan, Australia, and other countries
to stop their economic and political restrictions
against Iran and to continue full cooperation with
the Islamic Republic of Iran.
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