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Settlement of Claims Against Libya (Exec. Orders)

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Date Signed Oct. 31, 2008
Order Number 13477
Source Agency Executive Office of the President
President George W. Bush
Order Text:
By the authority vested in me as President by the Constitution and the lawsof 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 theLibyan Claims Resolution Act (Public Law 110-301), and in order to continuethe 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 ClaimsSettlement Agreement (Article I) are settled.

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

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

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

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

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

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

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

(ii) Any pending suit in any court in the United States by foreignnationals (including any suit with a judgment that is still subject toappeal or other forms of direct judicial review) coming within the terms ofArticle 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 availableremedies for claims coming within the terms of Article I in foreign courtsor through the efforts of foreign governments.

(iv) The Attorney General shall enforce this subsection through allappropriate means, which may include seeking the dismissal, with prejudice,of any claim of a foreign national within the terms of Article I pending orfiled 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 ofthe United States" in section 101(a)(22) of the Immigration and NationalityAct (8 U.S.C. 1101(a)(22)), but also includes any entity organized underthe laws of the United States or any jurisdiction within the United States(including foreign branches).

(b) The term "foreign national" means any person other than a UnitedStates national.

(c) The term "person" means any individual or entity, including bothnatural and juridical persons.

(d) The term "entity" means a partnership, association, trust, jointventure, corporation, group, subgroup, or other organization.

Sec. 3. This order is not intended to, and does not, create any right orbenefit, substantive or procedural, enforceable at law or in equity by anyparty against the United States, its departments, agencies,instrumentalities, or entities, its officers or employees, or any otherperson.

GEORGE W. BUSH

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