Great Socialist People's Libyan Arab Jamahiriya v. Arlington County, Virginia et al

Filing 1

COMPLAINT against Arlington County, Virginia, Fairfax County, Virginia (Filing fee $ 350.00 receipt number 100000999), filed by Great Socialist People's Libyan Arab Jamahiriya. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(pmil)

FILED
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
GREAT SOCIALIST PEOPLE'S

2001 KAY 21

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LIBYAN ARAB JAMAHIRIYA

P U: Ub

CLERK US DiSTJwC l COURT

2600 Virginia Avenue, N.W., Suite 705

£LEXAHMU. VIRGINIA

Washington. DC 20037-1925

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Plaintiff,

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vs.

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ARLINGTON COUNTY, VIRGINIA

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c/o Office of the County Treasurer

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2100 Clarendon Boulevard, Suite 201
Arlington, Virginia 22201

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Serve Stephen Maclsaac, County Attorney'

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2100 Clarendon Boulevard, Suite 403

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Arlington, Virginia 22201

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and

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FAIRFAX COUNTY, VIRGINIA

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c/o Department of Tax Administration
12000 Government Center Parkway, Suite 223
Fairfax, Virginia 22035

Serve David P. Bobzien, County Attorney2
12000 Government Center Parkway, Suite 549
Fairfax, Virginia 22035

Defendants.

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COMPLAINT

Plainlilf Great Socialist People's Libyan Arab Jamahiriya, by and through its
attorneys, J.I1. Szymkowicz, John T. Szymkowicz and the Law Firm of Szymkowicz &
Szymkowicz, LLP, sues Defendant Arlington County, Virginia and Defendant Fairfax

County, Virginia, and respectfully requests that this Honorable Court grant the relief

1

See Virginia Code § 8.01-300.
Id.

requested in this Complaint, specifically enter a declaratory judgment order directing
Defendant Arlington County, Virginia and Defendant Fairfax County, Virginia to release

any tax liens assessed against the properties listed within the instant complaint and
declaring that these properties are tax-exempt pursuant to 22 U.S.C. § 2201 et seq.
Jurisdiction

1.

This Honorable Court has jurisdiction over the claims presented in the instant

Complaint pursuant to 28 U.S.C. § 1330 as Plaintiff Great Socialist People's Libyan Arab
Jamahiriya is a "foreign state."
Venue

2.

Venue is proper in this Honorable Court pursuant to 28 U.S.C. §1391 as the

property that is the subject of the instant action is located within the Eastern District of
Virginia, Alexandria Division.
Properties at Issue - Arlington County

3.

This matter concerns the following three condominium units in Arlington County

with distinct tax reference numbers located in the Carlyle House Condominium, 5300
Columbia Pike, Arlington, Virginia 22204:

Unit 501

RPC#: 28-004-130, ACCT#: 06 28004130 00 1

Unit 515

RPC#: 28-004-143, ACCT#: 06 28004143 00 1

Unit 702

RPC#: 28-004-157, ACCT#: 06 28004157 00 I
Property at Issue - Fairfax County

4.

This matter concerns the following condominium unit in Fairfax County with

distinct tax reference numbers located in the Rotunda Condominium, 8370 Greensboro
Drive, Fairfax, Virginia 22204:

Unit 914

Map Reference Number: 0293 17040914
Stub Number: 404563857

Deed Book and Page Number: 05466 0873
Parties

5.

Plaintiff Great Socialist People's Libyan Arab Jamahiriya [hereinafter the

"Libyan Government"] is a "foreign state" that operates in the United States of America
through its Embassy located in the Watergate complex in Washington, DC.

6.

Defendant

Arlington

County,

Virginia

[hereinafter

"Defendant Arlington

County"] is the local governmental entity that has real estate taxing authority over the
condominium units located in the Carlyle House Condominium.

7.

Defendant Fairfax County, Virginia [hereinafter "Defendant Fairfax County"] is

the local governmental entity that has real estate taxing authority over the condominium
units located in the Rotunda Condominium.
The Diplomatic Relations Act 22 U.S.C. S 254a and the

Vienna Convention on Diplomatic Relations Act of April 18.1961.23 U.S.T. 3227
8.

The Diplomatic Relations Act, 22 U.S.C. § 254a (3) and (4), provides
As used in this Act,

(3)
the term "mission" includes missions within the meaning of the
Vienna Convention and any missions representing foreign governments,
individually or collectively, which are extended the same privileges and
immunities, pursuant to law, as are enjoyed by missions under the Vienna
Convention; and

(4)
the term "Vienna Convention" means the Vienna Convention on
Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23
U.S.T. 3227), entered into force with respect to the United States on

December 13, 1972.

9.

The Libyan Government entered the Vienna Convention on June 7,1977.

10.

The preamble to the Vienna Convention states:

The States Parties to the present Convention,

Recalling that peoples of all nations from ancient times have recognized
the status of diplomatic agents,

Having in mind the purposes and principles of the Charter of the United
Nations concerning the sovereign equality of States, the maintenance of
international peace and security, and the promotion of friendly relations
among nations,

Believing that an international convention on diplomatic intercourse,
privileges and immunities would contribute to the development of friendly
relations among nations, irrespective of their differing constitutional and
social systems,

Realizing that the purpose of such privileges and immunities is not to
benefit individuals but to ensure the efficient performance of the functions
of diplomatic missions as representing States,

Affirming that the rules of customary international law should continue to
govern questions not expressly regulated by the provisions of the present
Convention,

Having agreed as follows:...

11.

Article 1 (a) of the Vienna Convention defines the term "head of the mission" as

"the person charged by the sending State with the duty of acting in that capacity."
12.

Article 1 (d) of the Vienna Convention defines the term "members of the

diplomatic staff as "members of the staff of the mission having diplomatic rank."
13.

Article 1 (e) of the Vienna Convention defines the term "diplomatic agent" as

"the head of the mission or a member of the diplomatic staff of the mission."
14.

Article 1 (i) of the Vienna Convention defines "premises of the mission" as "the

buildings or parts of the buildings and land ancillary thereto, irrespective of ownership,

used for the purposes of the mission including the residence of the head of the mission."

15.

Article 22 of the Vienna Convention states:

(1)
The premises of the mission shall be inviolable. The agents of the
receiving State may not enter them, except with the consent of the head of
the mission.
(2)
The receiving State is under a special duty to take all appropriate
steps to protect the premises of the mission against any intrusion or

damage and to prevent any disturbance of the peace of the mission or
impairment of its dignity.

(3)

The premises of the mission, their furnishings and other property
thereon and the means of transport of the mission shall be immune from
search, requisition, attachment or execution.
16.

Article 23 (1) of the Vienna Convention states:

The sending State and the head of the mission shall be exempt from all
national, regional or municipal dues and taxes in respect of the premises of
the mission, whether owned or leased, other than such as represent
payment for specific services rendered.
17.

Article 29 of the Vienna Convention states:
The person of a diplomatic agent shall be inviolable. He shall not be
liable to any form of arrest or detention. The receiving state shall treat
him with due respect and shall take all appropriate steps to prevent any
attack on his person, freedom or dignity.

18.

Article 30, Paragraph 1 of the Vienna Convention states:

The private residence of a diplomatic agent shall enjoy the same
inviolability and protection as the premises of the mission.
Libyan Government's Use of Properties at Issue

19.

At all relevant times, these condominium units were owned by the Libyan

Government for the use of "diplomatic agents" as their "private residences" as these

terms are defined in Article 1 (d) and (e) and Article 30, Paragraph 1 of the Vienna

Convention.3
20.

At all relevant times, the Libyan Government did not charge its "diplomatic

agents" rent to live in these condominium units.4
21.

At all relevant times, the Libyan Government does not rent these condominium

units to third parties.5
22.

During all relevant times, there may have been times when a personnel change at

the Embassy has rendered one or more of these condominium units temporarily vacant,
but, in such cases, the Libyan Government intended to fill these vacancies with other
"diplomatic agents" once these individuals assumed their diplomatic positions in the

United States.6
Defendants' Tax Liens

23.

Despite Plaintiff Libyan Government's use of the properties at issue as the

"private residences" of "diplomatic agents," both Defendant Arlington County and

Defendant Fairfax County have issued real estate tax bills and asserted real estate tax
liens on these properties.
Count I - Declaratory Judgment

24.

The allegations contained in Paragraphs 1-23 of the instant Complaint are

incorporated herein as if fully stated.

3

See Paragraph 8 of Ambassador AH Aujali 's Afffidavit that is attached to the

4
5
6

Id- at Paragraph 9.
Id. at Paragraph 10.
Id. at Paragraph 11.

instant Complaint as Exhibit 1."

25.

The properties at issue are used as residences for "diplomatic agents" as that term

is defined in Article 1 (e) of the Vienna Convention.

26.

Since private residences of "diplomatic agents" "enjoy the same inviolability and

protection as the premises of the mission," the properties at issue are exempt from
property taxes assessed by the Arlington County and Fairfax County Governments
pursuant to Articles 22 and 23 (1) of the Vienna Convention.

WHEREFORE, Plaintiff Great Socialist People's Libyan Arab Jamahiriya

respectfully requests that this Honorable Court enter a declaratory judgment order

directing Defendant Arlington County, Virginia and Defendant Fairfax County, Virginia
to release any tax liens assessed against the properties listed within the instant complaint
and declaring that these properties are tax-exempt pursuant to 22 U.S.C. § 2201 et seq..

the Diplomatic Relations Act, 22 U.S.C. § 254a and the Vienna Convention on
Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227).
Respectfully submitted,

J.P*. Szymkowicz (Virginia State Bar #39120)
John T. Szymkowicz (not admitted in Virginia)
SZYMKOWICZ & SZYMKOWICZ, LLP

1220 191h Street, N.W., Suite 400

Washington, DC 20036-2438
[phone] (voice)
[phone] (fax)

[e-mail]
Attorney for Plaintiff Great Socialist People's
Libyan Arab Jamahiriya