Written responses of the United States of America to the question put by Judge Schwebel during the public sitting held on 16 February 1989

CORRESPONDENCE 431

ELSI: ASSETS AT 31 MARCH 1968
Realizable

Book value value

Tangible assets
Fixed assets
Inventories
Accounts receivable
Other assets

Intangible assets

17February 1989.

Enclosed is the answer to a question posed by Judge Schwebel to the United
States during the February 16 session of the Court' in the case concerning
ElettronicaSicula S.P.A. (ELSI). A copy of this letter and attachment has been
provided to the Respondent.

The United States case is based solelv and exclusivelv unon violations of the
Treaty of Friendship, Commerce, and Navigation, and its f'rotocol and Supple-

ment. The United States has never argued and does not now argue that the acts
and omissions of the Resoondent thatviolated the Treatv amoint to a "cons~i-
rasy". Thar characieriraijon is noi ljund in an? of the u~rittenor oral plelirli&ç
of the Uniicd Siaies Ilis ihc Kezpondcnt that de~crihesihe US claimî 3s bascd
-po22% "d~ab~~l~cp lillot hatihzd b) the IisIi3n puhlic auihonii.. .(Kcjoinder.
Pd 1.
The relief sought in this case is based on the acts and omissions of the
Respondent's agentsand officialsat the federal and local levels(including IRI),
without any allegation that theseofficialswereworking in conspiracy. The United
States does no1speculate as to why these agents and officialsof the Respondent
acted in the manner they did.

70. TW REGIS~R TO THE AGENT OF ITALY

17February 1989.

1 have the honour to transmit to Your Excellency herewith a copy of a letter
of today's date from the Agent of the United States in the case concerning

' II,p. 417.supra