Got news agency palm on the draft text of the Convention on the settlement of claims between Iraq and the U.S. Alltdp U.S. and discussed before the Iraqi Council of Representatives for the purpose of voting on the approval or not.And The Convention on the draft settlement of claims between the Government of the Republic of Iraq and the Government of the United States nine articles was that the government of the Republic of Iraq and the Government of the United States referred to in their capacity as two friends and equal in sovereignty, and the desire of them in the pursuit of their interests Alambtadlp through the settlement of certain claims of citizens, it was agreed by the parties Aagip contract settlement of the claims between them.
And contained the first article of the Convention text, obtained by news agency palm a copy of it, that means the (Iraq) What did not mention the text of succession to the use of the term specified Republic of Iraq and the Government of the Republic of Iraq and his father and the agency or the interest of the Republic of Iraq or any official or employee or agent of the Republic of Iraq carried out any action that falls within the scope of his functions or work or tasks assigned to him, as well as means (U.S. citizens) natural or legal persons who were U.S. citizens when their claims arose until the date of entry into force of this Convention. , While a second article of the Convention provides that the purpose for which it seeks for it by the parties in the framework of this Convention and pursuant to its provisions is to end all lawsuits filed in any of the federal courts or courts of the United States and the settlement and liquidation of all claims of American citizens wherever they are brought against Iraq related to a full or part any right exercised by the special demands under U.S. federal law or under state law or under the U.S. foreign law or international.
Agrees with the Government of the United States according to Article II of the Convention to end all legal proceedings in federal courts or courts of the United States involving claims or lawsuits or claims filed against Iraq and are covered by this Agreement also agree to cancel all detention procedures and verdicts handed down by the judicial authorities in such claims, issues or cases and agree the United States Government to prevent without taking any further judicial proceedings in the United States rely on such claims, issues or claims and the settlement and clearance of all such claims filed by U.S. citizens.
And Article III of the Convention on the claims, issues and claims covered by the Convention of the claims, issues or lawsuits filed against Iraq and cause of the claim exposure to personal injury (physical or non-physical, including psychological distress) or of death due to any act of torture or murder without judicial proceedings or sabotage, or hostage-taking or providing material support or materials to do anything similar and are based on the work took place before the seventh of October 2004 with the exception of all claims or issues or claims that have been filed in American courts or federal courts of the United States before the date of signature of this Convention, related to the preparations that led to the action, or was the subject of exchange of diplomatic notes, dated January 13, 1990 and the second from May 1990 between Iraq and the United States, which provided for payments for certain claims for compensation for physical damage.
The aim of the Convention with respect to claims, issues or cases covered by the Convention to reach a final settlement of the claims of the Government of the United States and claims of U.S. citizens (claims of U.S. citizens) and by adopting the United States government claims of these citizens on their behalf, irrespective of nationality is a permanent end to all issues and claims in American courts or federal courts of the United States (including issues or proceedings issued upon the provisions still may be referred to appeal or to any judicial review directly to the other list, and an end to all actions in federal courts or courts of the United States to secure the implementation of the verdicts the final or not final, and the abolition of All judgments or federal courts of the United States and to prevent and raise any issues in future cases before the U.S. courts or federal courts of the United States.
According to Article IV of the Convention to accept the United States Government from the Government of the Republic of Iraq, the amount of four hundred million U.S. dollars ($ 400,000,000) (the amount of settlement) for the full and final settlement of the claims of American citizens Alaptvakip covered, in addition to bearing the Government of the United States alone, without other responsibility distribution of the settlement amount may be the U.S. government invest the money saved they had for distribution and does not require additional money invested on the benefits of, and leads the Government of the Republic of Iraq through the settlement amount (90) days from the date of entry into force of this Convention.
Also emphasized the Convention in Article V of the Government's commitment to the United States immediately after the payment settlement to secure an end to any claim or cause or action covered by this Convention be raised before the federal courts or courts of the United States to assist the Government of the Republic of Iraq if necessary, and regardless of the nationality of the claimant, including the procedures for the issuance and implementation of the provisions of the courts and seek to eliminate any provision that has been issued by a federal court or court of the United States established the and prevent the lifting of any claims or lawsuits or claims of other new in any of the federal courts or courts of the United States, in addition to release and discharge edema Iraq permanently from all claims of citizens Hawk covered by this Convention and to refrain in future from providing any of these claims to Iraq and in the event of any claim of claims of U.S. citizens covered by the Convention directly into Iraq, would not tolerate Iraq is responsible and has to be referred to the Government of the United States so that by the Government of the United States alone without the other dealt with appropriately and in line with the clearance and the final discharge.
As affirmed in article VI of the Convention, the U.S. government for its recognition of sovereign immunity, diplomacy and official of Iraq and his possessions, its agencies and its organs and its officials, employees, agents and their property in a way similar to the recognition of the legal system of ordinary American, the immunity of the other state, its property and its agencies and its agencies, officers, employees, agents and their property.
And denied in Article VII of the Convention is without prejudice to the claims covered by Article III of The Government of the Republic of Iraq the right to make any claims to the Government of the United States tufts covered by this Convention and any other agreements, and for this purpose a joint committee of both parties Adrasp applications.
She drew the eighth article of the Convention that in the event of a dispute between the parties regarding the implementation or interpretation of any of the provisions of this Agreement, the parties have the right to refer the dispute to the subject of a joint committee composed of the parties to reach an amicable settlement.
And the condition of Article IX of the Convention entering into force of the Settlement Agreement after the Parties exchange diplomatic notes supporting the completion of the necessary measures to implement the Convention in accordance with constitutional procedures in force in both countries, and recognize the parties that this agreement imposes its entry into force of binding international obligations.
It is said that the reasons for the enactment of the ratification of the Convention on the settlement of claims between the Government of the Republic of Iraq and the Government of the United States came for the purpose of an end to all lawsuits filed in federal court and courts of the United States of U.S. citizens and the Iraqi government in order to reach a settlement in the interest of the Iraqi people.
The paper agreement signed by Iraqi Foreign Minister Zebari Huchar and the U.S. ambassador in Iraq, James Jeffrey as the second of September, in September 2010 and in both Arabic and English texts are authentic and legal.
The Iraqi Council of Representatives has voted in principle to the first reading of the Convention on the settlement of claims between the Government of the Republic of Iraq and the Government of the United States in its, on Saturday, after he rose to the Senate Foreign Relations Committee a draft law to the presidency of the Council of the project to be placed on the agenda of the meetings, it which was rejected by the bloc Liberal National Alliance, which it saw as clearing the way for U.S. forces to the claim for financial compensation curtailed by injuries, the military, psychological, and thus expose the Iraqi funds abroad at risk, as well as the mind of the settlement will encourage U.S. troops stationed to commit crimes against citizens as well as crimes they have committed in past years. http://www.nakhelnews.com/pages/news.php?nid=7127
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