Such a waiver of sovereign immunity would expose the Trust Fund to writs of attachment, which would inject an unprecedented and major element of uncertainty and unreliability into the FMS program by creating an exception to the processes and principles under which the program operates.
1999) (quashing writs of attachment for Iran's embassy and chancery and two bank accounts holding proceeds from the rental of these properties).
52) In response to the court order, the United States attempted to quash the writs of attachment, asserting that any attachment of Iran's diplomatic properties would violate two domestic laws: the Foreign Missions Act (FMA), (53) and ironically, the FSIA--the statute that permitted the district court to adjudicate Flatow's claim in the first place.
In its motion to quash the writs of attachment on Iran's diplomatic properties, the United States referred the district court to [section] 4308 (f) of the FMA, which explicitly grants mission property in the custody of the State Department immunity from attachment: "Assets of or under the control of the Department of State, wherever situated, which are used by or held for the use of a foreign mission shall not be subject to attachment, execution, injunction, or similar process, whether intermediate or final.
While the Flatow court found it unnecessary to reach the question of whether the writs of attachment violated the FMA, (65) the trial judge observed in a footnote that [section] 1610 (a) (4) (B) of the FSIA reinforced the provisions of the FMA by only permitting the attachment of property, "`[p]rovided .
73) In the aftermath of Weltover, however, courts were understandably reluctant to undermine the OFM's authority to shield diplomatic properties from writs of attachment that characterized its property management as commercial.
Flatow's effort to enforce writs of attachment against Iran's diplomatic properties not only illustrates the tension between the FSIA's execution provisions and other domestic laws, but also its potential conflicts with international law.