[Weekly Compilation of Presidential Documents Volume 44, Number 43 (Monday, November 3, 2008)]
[Pages 1395-1397]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13477--Settlement of Claims Against Libya

October 31, 2008

    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

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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.

 [Filed with the Office of the Federal Register, 8:45 a.m., November 4, 
2008]

Note: This Executive order will be published in the Federal Register on 
November 5.

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