Settlement of Claims Against Libya
Signed October 31, 2008·George W. Bush·73 FR 65965
Source
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Plain-language summary
Implements the August 2008 claims settlement agreement between the United States and Libya by declaring all claims covered under Article I of that agreement to be settled. Bars United States nationals from pursuing such claims in any domestic or foreign forum except through procedures the Secretary of State establishes, and requires termination of any pending lawsuits by U.S. nationals on these claims. Similarly bars foreign nationals from asserting such claims in U.S. courts and requires termination of their pending U.S. lawsuits, while leaving open other remedies they may pursue in foreign courts or through foreign governments. Directs the Attorney General to enforce these provisions, including by seeking dismissal with prejudice of covered claims. Defines terms such as "United States national," "foreign national," "person," and "entity" for purposes of the order, and states that it creates no enforceable legal rights against the United States or its officials.
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Claimed authority
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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
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).
(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.Reproduced from the Federal Register plain-text record, signed October 31, 2008. Typesetting artifacts are removed; no wording is changed.