Claims Against Libya

December 2008 Referral and January 2009 Referral

In 2013, the Commission concluded the First Program of the Libya Claims Program – claims filed pursuant to the December 11, 2008 referral letter – and the Second Program – claims filed pursuant to the January 15, 2009 and March 26, 2010 referral letters. 

As part of the process toward normalization of diplomatic relations, the United States and Libyan Governments concluded an agreement on August 14, 2008, that included a provision for the settlement of U.S. nationals’ claims against Libya arising out of certain terrorist incidents occurring prior to June 30, 2006.  Claims Settlement Agreement Between the United States of America and the Great Socialist People’s Libyan Arab Jamahiriya, U.S.-Libya, Aug. 14, 2008, T.I.A.S. No. 08-814.  The Agreement provided for a lump-sum payment of $1.5 billion in settlement of all claims of U.S. nationals arising out of these incidents.

By letter dated December 11, 2008, U.S. Department of State Legal Adviser John B. Bellinger, III, requested, pursuant to 22 U.S.C. § 1623(a)(1)(C), that the Commission adjudicate claims of U.S. nationals against Libya for physical injury.  On March 23, 2009, the Commission published notice in the Federal Register announcing the commencement of the Libya Claims Program pursuant to Title I of the International Claims Settlement Act of 1949 and the Legal Adviser’s December 2008 referral letter.  Notice of Commencement of Claims Adjudication Program, 74 Fed. Reg. 12,148 (March 23, 2009).

By a second letter dated January 15, 2009, the Legal Adviser referred six additional categories of claims for adjudication and certification by the Commission.  The categories included claims for hostage or unlawful detention, mental pain and anguish, wrongful death, severe physical injury, and commercial claims.  On July 7, 2009, the Commission published notice in the Federal Register announcing the commencement of adjudication of claims under this portion of the Libya Claims Program.  Notice of Commencement of Claims Adjudication Program, 74 Fed. Reg. 32,193 (July 7, 2009).  By letter dated March 26, 2010, Deputy Legal Adviser Jonathan B. Schwartz amended Attachment 1 to the January 2009 referral letter to include one additional case as part of the “Pending Litigation” described therein. 

In 2013, the Commission completed adjudication of all the claims in the First and Second Programs.  On March 11, 2013, the Commission published notice in the Federal Register announcing a completion date of May 21, 2013, for these programs.  Notice of Completion of Claims Adjudication Program, 78 Fed. Reg. 15,377 (March 11, 2013).  By the completion date, the Commission had issued Final Decisions for all claims in both programs.  Copies of the decisions are available in the Commission's Reading Room.

Claims under the Department of State Letter of Referral dated November 27, 2013

In 2018, the Commission concluded the Third Program of the Libya Claims – claims filed pursuant to the November 27, 2013 referral letter.

By letter dated November 27, 2013, the Department of State referred to the Commission certain categories of claims against Libya within the scope of the Claims Settlement Agreement between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya of August 14, 2008, as implemented pursuant to the Libyan Claims Resolution Act, Pub. L. 110-301 and Executive Order 13477 dated October 31, 2008. That referral included six additional categories of claims for adjudication and certification by the Commission, including claims for physical injury, hostage-taking, mental pain and anguish, and commercial injuries arising from certain terrorist incidents that occurred prior to June 30, 2006.  On December 13, 2013, the Commission published notice in the Federal Register announcing the commencement of adjudication of claims under this program.  Notice of Commencement of Claims Adjudication Program, 78 Fed. Reg. 75,944 (December 13, 2013).  The Commission set a deadline of June 13, 2014 for the filing of claims. 

In 2018, the Commission completed adjudication of all the claims in the Third Program.  On January 22, 2018, the Commission published notice in the Federal Register announcing a completion date of April 6, 2018, for this program.  Notice of Completion of Claims Adjudication Program, 83 FR 3026 (January 22, 2018).  By the completion date, the Commission had issued Final Decisions for all claims in the program.  Copies of the decisions are available on the program index page.