[Federal Register Volume 78, Number 240 (Friday, December 13, 2013)]
[Notices]
[Pages 75944-75946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29710]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission


Commencement of Claims Program

AGENCY: Foreign Claims Settlement Commission of the United States, 
Department of Justice.

ACTION: Notice

-----------------------------------------------------------------------

SUMMARY: This notice announces the commencement by the Foreign Claims 
Settlement Commission (``Commission'') of a program for adjudication of 
certain categories of

[[Page 75945]]

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 June 13, 2014.

FOR FURTHER INFORMATION CONTACT: Brian M. Simkin, 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 Pub. L. 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 certain 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 November 27, 2013, are defined as follows:

    Category A: This category shall consist of claims of U.S. 
nationals for physical injury who had claims in the Pending 
Litigation, but whose claims for physical injury were previously 
denied by the Commission for failure to plead for injury other than 
emotional injury alone in the Pending Litigation, provided that (1) 
the claim meets the standard for physical injury adopted by the 
Commission; (2) the claimant was a named party 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 has not received any compensation under any other 
distribution under the Claims Settlement Agreement and does not 
qualify for any other category of compensation in this referral 
except Category D.
    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 provided that (1) the claim was set forth as a claim 
for emotional distress, solatium, or similar emotional injury by the 
claimant in the Pending Litigation; (2) the claim meets the standard 
adopted by the Commission for mental pain and anguish; (3) the 
claimant is not eligible for compensation as part of the associated 
wrongful death claim; and (4) the claimant has not received any 
compensation under any other distribution under the Claims 
Settlement Agreement, and does not qualify for any other category of 
compensation in this referral.
    Category C: This category shall consist of claims of U.S. 
nationals who were held hostage or unlawfully detained in violation 
of international law during one of the terrorist incidents listed in 
Attachment 2 (``Covered Incidents''), provided that (1) the claimant 
was not a plaintiff in the Pending Litigation; (2) the claim meets 
the standard for such claims adopted by the Commission; and (3) the 
claimant has not received any compensation under any other 
distribution under the Claims Settlement Agreement, and does not 
qualify for any other category of compensation in this referral.
    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 Department of State's January 15, 2009 referral or by this 
referral, provided that (1) the claimant has received an award for 
physical injury pursuant to the Department of State's January 15, 
2009 referral or this 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 claimant did not make a claim or receive any compensation under 
Category D of the Department of State's January 15, 2009 referral.
    Category E: 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 under the Claims Settlement Agreement, provided that (1) 
the claimant was not a plaintiff 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; (3) the claim meets the 
standard adopted by the Commission for mental pain and anguish; and 
(4) the claimant has not received any compensation under any other 
distribution under the Claims Settlement Agreement, and does not 
qualify for any other category of compensation in this referral.
    Category F: This category shall consist of commercial claims of 
U.S. nationals provided that (1) the claim was set forth by a 
claimant named in Abbott et al. v. Socialist People's Libyan Arab 
Jamahiriya (D.D.C.) 1:94-cv-02444-SS; and (2) the Commission 
determines that the claim would be compensable under the applicable 
legal principles.

    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.
    Beecham, et al. v. Great Socialist People's Libyan Arab 
Jamahiriya, et al.  (D.D.C.) 01-cv-2243.

    The ``Covered Incidents'' referenced above for purposes of Category 
C 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.

[[Page 75946]]

    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 11,'' 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 are published in Chapter V of 
Title 45, Code of Federal Regulations (45 CFR part 500 et seq.). In 
particular, attention is directed to subsection 500.3(a) of these 
regulations which, based on 22 U.S.C. 1623(f), 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. 1105-0100, 
expiration date 11/30/2016.

Brian M. Simkin,
Chief Counsel.
[FR Doc. 2013-29710 Filed 12-12-13; 8:45 am]
BILLING CODE 4410-01-P