[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32193-32195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15975]


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DEPARTMENT OF JUSTICE


Foreign Claims Settlement Commission

Commencement of Claims Program

AGENCY: Foreign Claims Settlement Commission of the United States.

ACTION: Notice.

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SUMMARY: This notice announces the commencement by the Foreign Claims 
Settlement Commission (``Commission'') of a program for adjudication of 
certain categories of claims of United States nationals against the 
Government of Libya, as defined below, which were settled under the 
``Claims Settlement Agreement Between the United States of America and 
the Great Socialist People's Libyan Arab Jamahiriya'' (``Claims 
Settlement Agreement'') effective August 14, 2008.

DATES: These claims can now be filed with the Commission and the 
deadline for filing will be July 7, 2010. The deadline for completion 
of this claims adjudication program will be July 7, 2011.

FOR FURTHER INFORMATION CONTACT: Jaleh F. Barrett, Chief Counsel, 
Foreign Claims Settlement Commission of the United States, 600 E 
Street, NW., Room 6002, Washington, DC 20579, Tel. (202) 616-6975, FAX 
(202) 616-6993.

Notice of Commencement of Claims Adjudication Program

    Pursuant to the authority conferred upon the Secretary of State and 
the Commission under subsection 4(a)(1)(C) of Title I of the 
International Claims Settlement Act of 1949 (Pub. L. 455, 81st Cong., 
approved March 10, 1950, as amended by Public Law 105-277, approved 
October 21, 1998 (22 U.S.C. 1623(a)(1)(C))), the Foreign Claims 
Settlement Commission hereby gives notice of the commencement of a 
program for adjudication of categories of claims of United States 
nationals against the Government of Libya. These claims, which have 
been referred to the Commission by the Department of State by letter 
dated January 15, 2009, are defined as:

    Category A: This category of claims shall consist of claims by 
U.S. nationals who were held hostage or unlawfully detained in 
violation of international law, provided that (1) the claimant meets 
the standard for such claims adopted by the Commission; (2) the 
claim was set forth as a claim for injury other than emotional 
distress alone by the claimant named in the Pending Litigation; (3) 
the Pending Litigation against Libya has been dismissed before the 
claim is submitted to the Commission; and (4) the claimant did not 
receive an award pursuant to the referral of December 11, 2008.
    Category B: This category shall consist of claims of U.S. 
nationals for mental pain and anguish who are living close relatives 
of a decedent whose death formed the basis of a death claim 
compensated by the Department of State provided that (1) The claim 
was set forth as a claim for emotional distress, solatium, or 
similar emotional injury by the claimant named in the Pending 
Litigation; (2) the claimant is not eligible for compensation from 
the associated wrongful death claim, and the claimant did not 
receive any compensation from the wrongful death claim;

[[Page 32194]]

(3) the claimant has not received any compensation under any other 
part of the Claims Settlement Agreement, and does not qualify for 
any other category of compensation in this referral; and (4) the 
Pending Litigation against Libya has been dismissed before the claim 
is submitted to the Commission.
    Category C: This category shall consist of claims of U.S. 
nationals for compensation for wrongful death, in addition to 
amounts already recovered under the Claims Settlement Agreement, 
where there is a special circumstance in that the claimants obtained 
a prior U.S. court judgment in the Pending Litigation awarding 
damages for wrongful death, provided that (1) the Commission 
determines that the existence of a prior U.S. court judgment for 
wrongful death warrants compensation in addition to the amount 
already recovered under the Claims Settlement Agreement; and (2) the 
Pending Litigation against Libya has been dismissed before the claim 
is submitted to the Commission.
    Category D: This category shall consist of claims of U.S. 
nationals for compensation for physical injury in addition to 
amounts already recovered under the Commission process initiated by 
the December 11, 2008 referral, provided that (1) The claimant has 
received an award pursuant to the December 11, 2008 referral; (2) 
the Commission determines that the severity of the injury is a 
special circumstance warranting additional compensation, or that 
additional compensation is warranted because the injury resulted in 
the victim's death; and (3) the Pending Litigation against Libya has 
been dismissed before the claim is submitted to the Commission.
    Category E: This category shall consist of claims of U.S. 
nationals for wrongful death or physical injury resulting from one 
of the terrorist incidents (``Covered Incidents'') listed below, 
incidents which formed the basis for Pending Litigation in which a 
named U.S. plaintiff alleged wrongful death or physical injury, 
provided that (1) the claimant was not a plaintiff in the Pending 
Litigation; and (2) the claim meets the standard for physical injury 
or wrongful death, as appropriate, adopted by the Commission.
    Category F: This category shall consist of commercial claims of 
U.S. nationals provided that (1) the claim was set forth by the 
claimant named in the Pending Litigation; (2) the Commission 
determines that the claim would be compensable under the applicable 
legal principles; and (3) the Pending Litigation against Libya has 
been dismissed before the claim is submitted to the Commission.

    The ``Pending Litigation'' referenced above is composed of the 
following cases:
    Baker v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 03-cv-
749.
    Pflug v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 08-cv-
505.
    Certain Underwriters at Lloyds London v. Great Socialist People's 
Libyan Arab Jamahiriya (D.D.C.) 06-cv-731.
    Clay v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-cv-
707.
    Collett v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 01-
cv-2103.
    Cummock v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 02-
cv-2134.
    Estate of John Buonocore III v. Great Socialist Libyan Arab 
Jamahiriya (D.D.C.) 06-cv-727.
    Simpson v. Great Socialist People's Libyan Arab Jamahiriya (D.D.C.) 
08-cv-529.
    Fisher v. Great Socialist People's Libyan Arab Jamahiriya (D.D.C.) 
04-cv-2055.
    Franqui v. Syrian Arab Republic, et al. (D.D.C.) 06-cv-734.
    Hagerman v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 02-
cv-2147.
    Harris v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-cv-
732.
    Hartford Fire Insurance Company v. Socialist People's Libyan Arab 
Jamahiriya (D.D.C.) 98-cv-3096.
    Kilburn v. Islamic Republic of Iran, et al. (D.D.C.) 01-cv-1301.
    Knowland v. Great Socialist People's Libyan Arab Jamahiriya 
(D.D.C.) 08-cv-1309.
    La Reunion Aerienne v. Socialist People's Libyan Arab Jamahiriya 
(D.D.C.) 05-cv-1932.
    McDonald v. Socialist People's Arab Jamahiriya (D.D.C.) 06-cv-729.
    MacQuarrie v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 
04-cv-176.
    Patel v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-cv-
626.
    Pugh v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 02-cv-
2026.
    Simpson v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 00-
cv-1722.
    The ``Covered Incidents'' referenced above for purposes of Category 
E are composed of the following:
    May 30, 1972 attack at Lod Airport in Israel, as alleged in Franqui 
v. Syrian Arab Republic, et al. (D.D.C.) 06-cv-734.
    December 17, 1983 vehicle bomb explosion near Harrods Department 
Store in Knightsbridge, London, England, as alleged in McDonald v. 
Socialist People's Arab Jamahiriya (D.D.C.) 06-cv-729.
    November 30, 1984 (approximate) kidnapping and subsequent death of 
Peter C. Kilburn, as alleged in Kilburn v. Socialist People's Libyan 
Arab Jamahiriya (D.D.C.) 01-cv-1301.
    March 25, 1985 (approximate) kidnapping and subsequent death of 
Alec L. Collett, as alleged in Collett v. Socialist People's Libyan 
Arab Jamahiriya (D.D.C.) 01-cv-2103.
    November 23, 1985 hijacking of Egypt Air flight 648, as alleged in 
Certain Underwriters at Lloyds London v. Great Socialist People's 
Libyan Arab Jamahiriya (D.D.C.) 06-cv-731, and Baker v. Socialist 
People's Libyan Arab Jamahiriya (D.D.C.) 03-cv-749/Pflug v. Socialist 
People's Libyan Arab Jamahiriya (D.D.C.) 08-cv-505.
    December 27, 1985 attack at the Leonardo da Vinci Airport in Rome, 
Italy, as alleged in Estate of John Buonocore III v. Great Socialist 
Libyan Arab Jamahiriya (D.D.C.) 06-cv-727/Simpson v. Great Socialist 
People's Libyan Arab Jamahiriya (D.D.C.) 08-cv-529.
    December 27, 1985 attack at the Schwechat Airport in Vienna, 
Austria, as alleged in Knowland v. Great Socialist People's Libyan Arab 
Jamahiriya (D.D.C.) 08-cv-1309.
    April 5, 1986 bombing of the La Belle Discotheque in Berlin, 
Germany, as alleged in Clay v. Socialist People's Libyan Arab 
Jamahiriya (D.D.C.) 06-cv-707, and Harris v. Socialist People's Libyan 
Arab Jamahiriya (D.D.C.) 06-cv-732.
    September 5, 1986 hijacking of Pan Am flight 73, as alleged in 
Patel v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-cv-626.
    Detention beginning February 10, 1987 of the passengers and crew of 
the private yacht ``Carin II,'' as alleged in Simpson v. Socialist 
People's Libyan Arab Jamahiriya (D.D.C.) 00-cv-1722.
    December 21, 1988 bombing of Pan Am flight 103, as alleged in 
Cummock v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 02-cv-
2134, Fisher v. Great Socialist People's Libyan Arab Jamahiriya 
(D.D.C.) 04-cv-2055, Hagerman v. Socialist People's Libyan Arab 
Jamahiriya (D.D.C.) 02-cv-2147, Hartford Fire Insurance Company v. 
Socialist People's Libyan Arab Jamahiriya (D.D.C.) 98-cv-3096, and 
MacQuarrie v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 04-cv-
176.
    September 19, 1989 bombing of UTA flight 772, as alleged in La 
Reunion Aerienne v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 
05-cv-1932, and Pugh v. Socialist People's Libyan Arab Jamahiriya 
(D.D.C.) 02-cv-2026.
    In conformity with the terms of the referral, the Commission will 
determine the claims in accordance with the provisions of 22 U.S.C. 
1621 et seq., which comprises Title I of the International Claims 
Settlement Act of 1949, as amended. The Commission will then certify to 
the Secretary of the Treasury those claims that it finds to be valid, 
for payment out of the claims fund established under the Claims 
Settlement Agreement.
    The Commission will administer this claims adjudication program in 
accordance with its regulations, which

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are published in Chapter V of Title 45, Code of Federal Regulations (45 
CFR 500 et seq.). In particular, attention is directed to subsection 
500.3(a) of these regulations based on 22 U.S.C. 1623(f) which limits 
the amount of attorney's fees that may be charged for legal 
representation before the Commission. These regulations are also 
available over the Internet at http://www.gpoaccess.gov/cfr/index.html.
    Approval has been obtained from the Office of Management and Budget 
for the collection of this information. Approval No. 1105-0090, 
expiration date 06/30/2012.

Mauricio J. Tamargo,
Chairman.
[FR Doc. E9-15975 Filed 7-6-09; 8:45 am]
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