12 2 STA T .34 3 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 orig i nal l ybe en f ile du nder s e ct ion 1605A( c ) of title 28,U nited S tates C ode . ( B ) DEF E NS ES WAIV E D . —Th e defenses of res j udicata, collateral esto p pel, and li m itation period are w ai v ed— (i) in any action with respect to which a motion is made under subparagraph (A), or (ii) in any action that was originally brought, before the date of the enactment of this Act, under section 1605(a)( 7 ) of title 28, United States Code, or section 58 9 of the F oreign O perations, Ex port Financing, and R elated P rograms Appropriations Act, 1997 (as contained in section 101(c) of division A of Public L aw 10 4– 208), and is refiled under section 1605A(c) of title 28, United States Code, to the extent such defenses are based on the claim in the action. (C) TI M E L IMI T ATI O NS.—A motion may be made or an action may be refiled under subparagraph (A) only— (i) if the original action was commenced not later than the latter of— ( I ) 10 years after April 24, 1996
or (II) 10 years after the cause of action arose; and (ii) within the 60 - day period beginning on the date of the enactment of this Act. ( 3 ) RELATED A C TIONS.—If an action arising out of an act or incident has been timely commenced under section 1605(a)(7) of title 28, United States Code, or section 589 of the Foreign Operations, Export Financing, and Related Programs Appro- priations Act, 1997 (as contained in section 101(c) of division A of Public Law 104–208), any other action arising out of the same act or incident may be brought under section 1605A of title 28, United States Code, if the action is commenced not later than the latter of 60 days after— (A) the date of the entry of judgment in the original action; or (B) the date of the enactment of this Act. (4) P R ESERVIN G T H E JU RISDICTION OF THE COURTS.— N othing in section 1503 of the Emergency W artime Supple- mental Appropriations Act, 2003 (Public Law 108–11, 117 Stat. 579) has ever authori z ed, directly or indirectly, the ma k ing inapplicable of any provision of chapter 97 of title 28, United States Code, or the removal of the jurisdiction of any court of the United States. (d) A P PLICA B ILIT Y TO IRA Q .— (1) APPLICABILITY.—The President may waive any provision of this section with respect to Ira q , insofar as that provision may, in the President ’ s determination, affect Iraq or any agency or instrumentality thereof, if the President determines that— (A) the waiver is in the national security interest of the United States; (B) the waiver will promote the reconstruction of, the consolidation of democracy in, and the relations of the United States with, Iraq; and (C) Iraq continues to be a reliable ally of the United States and partner in combating acts of international ter- rorism. Presid e nt.Wa i v era u t ho rit y . D ead l ine.
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