Page:United States Statutes at Large Volume 122.djvu/3023

 12 2 STA T .30 00 PUBLIC LA W 110 – 301 — AU G. 4, 200 8SEC.4 .E NTI T Y T OA SSIST IN I MPL EMENTATION O F CLAIMS A GR EE - MENT. (a)DESIGNAT I O NO FE NTIT Y.— ( 1 ) DESIGNATION.— TheS e cr e t ar y,b y pu b li cati on in the F e d eral R e g i s ter, m ay, a f ter consultation w ith the appropriate congressional committees, designate 1 or more entities to assist in pro v iding compensation to nationals of the U nited States, pursuant to a claims agreement. ( 2 ) AU T H O R ITY OF THE SE C RETARY.—The designation of an entity under paragraph (1) is within the sole discretion of the Secretary, and may not be delegated. The designation shall not be sub j ect to judicial review. (b) IM MUNITY.— (1) P RO P ERTY.— (A) IN GENERA L .— N otwithstanding any other provision of law, if the Secretary designates any entity under sub - section (a)(1), any property described in subparagraph ( B ) of this paragraph shall be immune from attachment or any other judicial process. Such immunity shall be in addi- tion to any other applicable immunity. (B) PROPERTY D ESCRI B ED.—The property described in this subparagraph is any property that— (i) relates to the claims agreement and (ii) for the purpose of implementing the claims agreement, is— (I) held by an entity designated by the Sec- retary under subsection (a)(1); (II) transferred to the entity; or (III) transferred from the entity. (2) O THER ACTS.—An entity designated by the Secretary under subsection (a)(1), and any person acting through or on behalf of such entity, shall not be liable in any Federal or State court for any action ta k en to implement a claims agree- ment. (c) NONAPPLICABILITY OF THE G O V ERNMENT C ORPORATION CON- TROL ACT.—An entity designated by the Secretary under subsection (a)(1) shall not be subject to chapter 9 1 of title 3 1, United States Code (commonly known as the ‘ ‘Government Corporation Control Act ’ ’). SEC. 5 . RECEIPT OF A D E QU ATE FUNDS IMMUNITIES OF LI B YA. (a) IMMUNITY.— (1) IN GENERAL.—Notwithstanding any other provision of law, upon submission of a certification described in paragraph (2)— (A) L ibya, an agency or instrumentality of Libya, and the property of Libya or an agency or instrumentality of Libya, shall not be subject to the e x ceptions to immunity from jurisdiction, liens, attachment, and execution con- tained in section 1 605 A, 1605(a)( 7 ), or 1610 (insofar as section 1610 relates to a judgment under such section 1605A or 1605(a)(7)) of title 2 8, United States Code; (B) section 1605A(c) of title 28, United States Code, section 1083(c) of the National Defense Authori z ation Act for Fiscal Y ear 2008 (Public Law 110 – 181; 122 Stat. 3 4 2; 28USC1605Anote.F e d e ralR e gis ter ,pub li c ation. 28 USC 1605A note.

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