Settlement of Claims Against Libya, 65965-65966 [E8-26531]

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• Executive Office of the President
• Presidential Documents

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Presidential Documents]
[Pages 65965-65966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26531]




                        Presidential Documents 



Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 65965]]

                Executive Order 13477 of October 31, 2008

                
Settlement of Claims Against Libya

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and pursuant to the August 14, 2008, claims 
                settlement agreement between the United States of 
                America and Libya (Claims Settlement Agreement), and in 
                recognition of the October 31, 2008, certification of 
                the Secretary of State, pursuant to section 5(a)(2) of 
                the Libyan Claims Resolution Act (Public Law 110-301), 
                and in order to continue the process of normalizing 
                relations between the United States and Libya, it is 
                hereby ordered as follows:

                Section 1. All claims within the terms of Article I of 
                the Claims Settlement Agreement (Article I) are 
                settled.

                    (a) Claims of United States nationals within the 
                terms of Article I are espoused by the United States 
                and are settled according to the terms of the Claims 
                Settlement Agreement.

(i) No United States national may assert or maintain any claim within the 
terms of Article I in any forum, domestic or foreign, except under the 
procedures provided for by the Secretary of State.

(ii) Any pending suit in any court, domestic or foreign, by United States 
nationals (including any suit with a judgment that is still subject to 
appeal or other forms of direct judicial review) coming within the terms of 
Article I shall be terminated.

(iii) The Secretary of State shall provide for procedures governing 
applications by United States nationals with claims within the terms of 
Article I for compensation for those claims.

(iv) The Attorney General shall enforce this subsection through all 
appropriate means, which may include seeking the dismissal, with prejudice, 
of any claim of a United States national within the terms of Article I 
pending or filed in any forum, domestic or foreign.

                    (b) Claims of foreign nationals within the terms of 
                Article I are settled according to the terms of the 
                Claims Settlement Agreement.

(i) No foreign national may assert or maintain any claim coming within the 
terms of Article I in any court in the United States.

(ii) Any pending suit in any court in the United States by foreign 
nationals (including any suit with a judgment that is still subject to 
appeal or other forms of direct judicial review) coming within the terms of 
Article I shall be terminated.

(iii) Neither the dismissal of the lawsuit, nor anything in this order, 
shall affect the ability of any foreign national to pursue other available 
remedies for claims coming within the terms of Article I in foreign courts 
or through the efforts of foreign governments.

(iv) The Attorney General shall enforce this subsection through all 
appropriate means, which may include seeking the dismissal, with prejudice, 
of any claim of a foreign national within the terms of Article I pending or 
filed in any court in the United States.

                Sec. 2. For purposes of this order:

                    (a) The term ``United States national'' has the 
                same meaning as ``national of the United States'' in 
                section 101(a)(22) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(22)), but also includes any 
                entity organized under the laws of the United States or 
                any jurisdiction within the United States (including 
                foreign branches).

[[Page 65966]]

                    (b) The term ``foreign national'' means any person 
                other than a United States national.
                    (c) The term ``person'' means any individual or 
                entity, including both natural and juridical persons.
                    (d) The term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization.

                Sec. 3. This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, 
                instrumentalities, or entities, its officers or 
                employees, or any other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, October 31, 2008.

[FR Doc. E8-26531
Filed 11-4-08; 8:45 am]
Billing code 3195-W9-P