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Executive Order: Settlement of Claims Against Libya
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For Immediate Release Office of the Press Secretary October 31, 2008

Executive Order: Settlement of Claims Against Libya

ÿÿWhite House News


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.

GEORGE W. BUSH

THE WHITE HOUSE,

October 31, 2008.

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