Settlement of Claims Against Libya

This executive order implements the U.S.-Libya Claims Settlement Agreement by extinguishing all covered claims against Libya in U.S. and foreign courts, channeling U.S. national claims through State Department procedures, and authorizing the Attorney General to seek dismissal of pending litigation. It bars U.S. nationals from pursuing claims in any forum except through the Secretary of State's procedures, while allowing foreign nationals to seek remedies in non-U.S. forums.

Federal Register Open PDF 73 FR 65965

Impact dates

Date TBD
Secretary of State to provide procedures for U.S. national claims applications

Key directives

Settle all claims within Article I of the Claims Settlement Agreement
Espouse U.S. national claims and channel through Secretary of State procedures
Terminate all pending suits by U.S. nationals in any forum, domestic or foreign
Terminate all pending suits by foreign nationals in U.S. courts
Secretary of State shall provide procedures for U.S. national compensation applications
Attorney General shall enforce through all appropriate means including seeking dismissal with prejudice of pending claims

Who is ordered

Timeline

Immediate

All covered claims deemed settled upon signing
Pending suits subject to termination
U.S. nationals barred from asserting claims in any forum except State Department procedures
Attorney General authorized to seek dismissals

Near term (90d)

Secretary of State to establish claims application procedures
Attorney General to initiate dismissal actions in pending cases

Long term

Normalization of U.S.-Libya diplomatic relations
Resolution of historical terrorism-related claims through negotiated compensation framework

Risks & tensions

No explicit deadline stated for State Department procedures—timing uncertain
Potential Fifth Amendment takings claims from U.S. nationals losing right to litigate
Foreign nationals retain non-U.S. forum options, creating asymmetric treatment
Judgments still on appeal are extinguished, raising separation of powers concerns
Claims Settlement Agreement terms not reproduced in EO—scope of 'Article I' claims unclear without external document