ties and expressed their own "regret and shock" over the incident. At this meeting the State Department representatives, in the strongest terms, made it clear just how seriously the United States Government regards such an act. They made it clear also that any official involvement in this attack either by the Libyan Government or those representing the Libyan Government could have grave consequences for relations between the United States and Libya.

The Department of State must now reiterate-in the clearest and most unequivocal terms-how seriously it regards an attack of this nature carried out within the sovereign territory of the United States. The clear disagreement between the JANA account and the People's Bureau account of this deplorable attack leaves the Department no choice but to demand from the Jamahiriya a comprehensive and definitive official explanation of this incident. In view of the gravity of the issue, this official explanation is required within 48 hours from the receipt of this note.

Dept. of State File No. P81 0102-0961.

The People's Bureau replied formally to the Department's note of Oct. 18 by a note dated Oct. 22, 1980, alleging, inter alia, that the mass media in the Jamahiriya, including JANA, did not represent the official position of the Jamahiriya, and that neither the Jamahiriya nor any official organ had had any connection with, or involvement in, the "accident". Ibid., P80 0146-0357.

In response to an inquiry about the Zagallai shooting from Congresswoman Patricia Schroeder, dated November 11, 1980, J. Brian Atwood, Assistant Secretary of State for Congressional Relations, wrote to her on December 2, 1980:

Mr. Zagallai was shot on October 14 in his home by a person or persons whose identity is unknown. The FBI and the Fort Collins authorities are vigorously pursuing an investigation of this matter, but no suspect has yet been arrested. We in the Department of State are following the investigation closely, and we have discussed the matter in some detail with the Libyan People's Bureau. We have made it clear that we regard this shooting with grave

concern.

Earlier this year, to express our concern over reports of intimidation and harassment of Libyan students, and to make clear that the U.S. Government would not tolerate such activity, six diplomats of the Libyan People's Bureau in Washington were ordered to leave the United States. You may be sure that our government will continue strenuous efforts to ensure that Libyans in the United States are not subjected to intimidation or threat of harm.

Ibid., No. P80 0106-0216, in reply to ibid., P80 0151-1840.

Subsequently, one Eugene A. Tafoya, a mercenary with ties to the Libyan Government, was arrested and charged with attempted first-degree murder, conspiracy to commit first-degree murder, and attempted second-degree murder in the shooting of Faisal Zagallai. See, The New York Times, May 24, 1981 (late city ed.), pp. A1, col. 2, and A16, cols. 1-6. (On Dec. 4, 1981, a Colorado jury acquitted Tafoya of these charg

es, but convicted him of third-degree assault and conspiracy to commit third-degree assault. On Jan. 5, 1982, Judge J. Robert Miller imposed the maximum sentence to imprisonment for each offense, 2 years for the former and 6 months for the latter, the sentences to be served concurrently in the Larimer County, Colorado jail. The New York Times: Dec. 5, 1981 (late city ed.), pp. A1, cols. 1-2, and A8, cols. 2-4; Jan. 6, 1982 (late city ed.), p. A12, col. 1.)

In the meantime, on May 6, 1981, Peter D. Constable, Deputy Assistant Secretary of State for Near Eastern and South Asian Affairs, informed Dr. Ali el-Houderi, the "Over-All Coordinator", i.e., ranking member, of the Libyan People's Bureau of Washington, that the U.S. Government had decided to require the Socialist People's Libyan Arab Jamahiriya to close the People's Bureau at Washington immediately (that day) and to withdraw all personnel within 5 working days. A Department note dated May 6, 1981, and handed to Dr. el-Houderi, confirmed the order for closure and included the following:

After the departure date specified for members of the People's Bureau, the United States will no longer regard these persons as being entitled to the privileges, immunities and protection which they now enjoy by virtue of their present status, and they will be subject to immediate expulsion.

Until their departure, these persons will be restricted to travel only throughout the greater Washington area. Any failure to observe this restriction without the express approval of the Department will result in the immediate expulsion of the individual concerned.

The Department is prepared to consider, on the basis of reciprocity, the appointment of a third state, acceptable to the United States, to which the Socialist People's Libyan Arab Jamahiriya may entrust the custody of its property and the protection of its interests.

The People's Bureau shall be closed after today to any activity (other than internal administration functions incident to the closing) by or on behalf of the Socialist People's Libyan Arab Jamahiriya. After May 13, 1981, the premises of the People's Bureau shall be closed and sealed, except to the extent that the Department may authorize any particular use of such premises by a protecting power.

Dept. of State File No. P81 0078-1396.

In a special press briefing on the same day the Department announced that both President Reagan and Secretary of State Haig were concerned about Libyan support for international terrorism, and that the Department had also been concerned by a "general pattern of unacceptable conduct by the People's Bureau in Washington, which is contrary to internationally accepted standards of diplomatic behavior." Ibid., No. P81 0101-1084; Dept. of State Bulletin, Vol. 81, No. 2052, July 1981, p. 45. The attempted murder of Faisal Zagallai had had a "catalytic effect" upon the U.S. Government's decision. (See, The New York Times, May 24, 1981 (late city ed.), pp. A1, col. 2, and A16, cols. 1-6.)

On the same day, May 6, 1981, the Department issued a new travel advisory regarding Libya:

"Due to unsettled relations between the United States Government and the Government of Libya, the Department of State warns American citizens against any travel to or residence in Libya. Travellers should also be informed that the United States Embassy in Tripoli is closed and the United States Government is not in a position to provide consular protection and assistance to Americans presently in Libya.'

Dept. of State File No. P81 0101-1084.

The new travel advisory strengthened for Libya a travel advisory issued on Nov. 27, 1979, for most of the Middle East countries, in which the Department had recommended that U.S. citizens undertake only essential travel in the Middle East because of unsettled conditions then prevailing.

On May 7, 1981, the Department reiterated to representatives of American companies in Libya that they would be well-advised to withdraw their employees, or at the very least, their employees' dependents. The Department pointed out that the American Embassy in Tripoli had been closed (on May 2, 1980; a "student" mob had attacked the Embassy on Dec. 2, 1979, and burned its contents), that the Libyan Government had refused to allow the United States to designate another country as protecting power for American interests in Libya, and that the United States was not, therefore, in a position, either directly or indirectly, to provide consular protection and assistance to Americans then in Libya.

In 1982 agreement was reached among the parties concerned that the Government of Belgium would represent U.S. interests in Libya and that the United Arab Emirates would represent Libyan interests in the United States. Dept. of State Files, Office of the Legal Adviser, Treaty Affairs Staff (L/T).

Termination of Mission

Break off of Diplomatic Relations (United States-Iran)

In view of the continuing refusal of the Government of Iran to end the unlawful detention of the United States diplomatic and consular staff at the American Embassy, Tehran, and of other United States nationals, who had been "held hostage by militants" since their seizure of the Embassy on November 4, 1979, President Carter announced on April 7, 1980, that the United States was breaking off diplomatic relations with Iran.

The President stated that the Secretary of State had informed the Government of Iran that its Embassy and consulates in the United States were to be closed immediately, and that all Iranian diplomatic and consular officials had been declared persona non grata and must leave the United States by midnight of the following day.

The Department of State's notification, by a diplomatic note dated April 7, 1980, read:

The Department of State hereby notifies the Embassy of the Islamic Republic of Iran that the Government of the United States of America has decided to sever diplomatic and consular relations with Iran, effective immediately, and to require the immediate closure of the Iranian Embassy and consular posts in the United States.

Accordingly, the Embassy is directed to terminate its functions and those of the Iranian consular posts in the United States, effective immediately. All persons who have been notified to the Department as being present in the United States as members of the staffs of the Embassy and consulates of the Islamic Republic of Iran, as indicated in the annexed list [not reproduced in this Digest], must depart from the United States no later than midnight tomorrow. Members of the families of these persons (other than any who may be citizens or permanent residents of the United States) must also depart by that time. Thereafter, the United States will no longer regard these persons as being entitled to the privileges, immunities and protection which they now enjoy by virtue of their official status, and they will be subject to immediate expulsion.

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Until their departure, these persons may continue to use regularly traveled routes for travel between their homes and offices, but otherwise must remain within a two-mile radius of their homes. Any failure to observe this restriction without the express approval of the Department will result in the immediate termination of official status and the immediate expulsion of the individual concerned. All departures are to be from Dulles International Airport unless the Department's consent to another port of embarkation is obtained. The Embassy is required to submit to the Department no later than noon tomorrow a complete list of the scheduled times and places of departure for all individuals who are hereby required to depart from United States. All credentials issued to these individuals by the Department must be surrendered prior to their departure.

The Department is prepared to consider the appointment of a third state, acceptable to the United States, to which the Islamic Republic of Iran may entrust the custody of its diplomatic and consular property and the protection of its interests. If such an appointment is made before midnight tomorrow, the Department would also be prepared to consider deferring until April 15, 1980, the required departure of one member of the Embassy staff, to be designated by the Department, in order to facilitate transitional arrangements.

The Embassy and consulates shall be closed immediately to any activity (other than internal administrative functions) by or on behalf of the Islamic Republic of Iran. After tomorrow the premises of the Embassy and consulates shall be closed and sealed, except to the extent that the Department may authorize any particular use of such premises by a protecting power.

Dept. of State File No. P80 0056-1343.

The Department sent a separate notification regarding nondiplomatic and nonconsular officials and employees, also by a diplomatic note dated April 7, 1980, which read:

The Department of State hereby notifies the Embassy of the Islamic Republic of Iran that the Government of the United States of America has determined that the continued presence of nondiplomatic and nonconsular officials and employees of Iran in the United States is no longer acceptable in the present circum

stances.

Accordingly, all such officials and employees of the Islamic Republic of Iran (other than any who may be citizens or permanent residents of the United States) must depart from the United States no later than midnight on Friday, April 11, 1980. Should any such official or employee fail to depart voluntarily by that date, his or her official status under section 101(a)(15)(A)(ii) will terminate, and the individual concerned will then be subject to immediate, involuntary departure.

Ibid., No. P80 0056-1351.

In a memorandum to the Secretary of the Treasury, dated Apr. 7, 1980, the President directed the Uniformed Division of the Secret Service to provide any assistance

necessary to the Secretary of State and the Attorney General to effect the President's decision, including control of movement of persons and property into and out of Iranian diplomatic facilities in the District of Columbia.

Weekly Comp. of Pres. Docs., Vol. 16, No. 15, Apr. 14, 1980, p. 612.

On Dec. 12, 1979, the U.S. Government had ordered the Government of Iran to reduce the size of its diplomatic mission in Washington and of its consular posts in the United States from an overall total of 218 diplomats and employees to an overall total of 35, with no more than 15 persons being assigned to the Embassy and no more than 5 to each consular post. See, the 1979 Digest, pp. 574-576.

Protection of Interests by Third State

United States/Iran

Following termination by the United States of diplomatic and consular relations with the Government of Iran, on April 7, 1980, because of the continuing unlawful detention of U.S. citizens as hostages in Iran, the United States Government asked the Government of Switzerland to assume diplomatic and consular representation on its behalf in Iran, subject to agreement by the Government of Iran.

The formal request was conveyed in a note from Secretary of State Cyrus R. Vance to the Ambassador of Switzerland, Raymond Probst, dated April 8, which Under Secretary of State David D. Newsom gave to Ambassador Probst that same day. It read in part:

[T]he United States Government desires that when possible, the Swiss Government render the following services in the Islamic Republic of Iran:

(1) In the case of indigent United States citizens, to offer such financial assistance as has received prior approval in each case from the Department of State;

(2) To answer inquiries concerning welfare and whereabouts of United States citizens;

(3) In the event of distress or physical danger, to render all possible assistance to United States citizens and make detailed reports in each case to the Department of State;

(4) To report to the Department of State the death of United States citizens and, as necessary, inventory and take into provisional custody the personal effects of such deceased citizens;

(5) To perform notarial services on the basis of accommodation; (6) To make payments to the payees of Federal benefits as and when requested by the Department of State;

(7) To forward visa and passport applications, and correspondence pertaining thereto, to the Department of State;

(8) To inform the Department of State of any requests or representations made by the Government of Iran under any agreements between the United States and Iran.

The Swiss Government is also requested, at such time as shall become possible, to accept custody and undertake protection of all official property of the United States Government in the Islamic Republic of Iran. To the extent possible, the Department of State