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

Filing 4

First MOTION for Summary Judgment On Plaintiff Libyan Government's Declaratory Judgment Claim by Great Socialist People's Libyan Arab Jamahiriya. (Szymkowicz, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
GREAT SOCIALIST PEOPLE’S
LIBYAN ARAB JAMAHIRIYA
Plaintiff,
vs.
ARLINGTON COUNTY, VIRGINIA, et al.
Defendants.

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Case Number: 1:07cv497
Judge T.S. Ellis III
Magistrate Judge Theresa C. Buchanan

PLAINTIFF LIBYAN GOVERNMENT’S
MOTION FOR SUMMARY JUDGMENT
ON ITS DECLARATORY JUDGMENT CLAIM
Plaintiff Great Socialist People’s Libyan Arab Jamahiriya, by and through its
attorneys, J.P. Szymkowicz, John T. Szymkowicz and the Law Firm of Szymkowicz &
Szymkowicz, LLP, respectfully requests that this Honorable Court grant its motion for
summary judgment on its declaratory judgment claim pursuant to F. R. Civ. P. 56, 22
U.S.C. § 2201 et seq. and Local Civil Rule 56 for the following reasons:
LISTING OF UNDISPUTED FACTS
Properties at Issue – Arlington County
1.

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 1

Property at Issue – Fairfax County
2.

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

3.

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

“Libyan Government”] is a “foreign state” that conducts its diplomatic relations with the
United States of America through its Embassy located in the Watergate complex in
Washington, DC.
4.

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.
5.

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.
Libyan Government’s Use of Properties at Issue
6.

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

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terms are defined in Article 1 (d) and (e) and Article 30, Paragraph 1 of the Vienna
Convention.1
7.

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

agents” rent to live in these condominium units.2
8.

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

units to third parties.3
9.

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.4
Defendants’ Tax Liens
10.

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.
Vienna Convention on Diplomatic Relations of April 18, 1961, 23 U.S.T. 3227
11.

The Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S.

numbered 7502; 23 U.S.T. 3227), hereinafter “the Vienna Convention,” entered into
force with respect to the United States on December 13, 1972.
1

See Paragraph 8 of Ambassador Ali Aujali’s Affidavit that was attached to the
Plaintiff Libyan Government’s Complaint as Exhibit 1. This Affidavit is also re-attached
to the instant motion for convenience of the Court and the parties as Exhibit 1.
2
Id. at Paragraph 9.
3
Id. at Paragraph 10.
4
Id. at Paragraph 11.
3

12.

The Vienna Convention entered into force with respect to the Libyan Government

on June 7, 1977.
ARGUMENT
I.
SUMMARY JUDGMENT IS PROPER SINCE "THE PLEADINGS,
DEPOSITIONS, ANSWERS TO INTERROGATORIES, AND ADMISSIONS ON
FILE, TOGETHER WITH THE AFFIDAVITS, IF ANY, SHOW THAT THERE IS
NO GENUINE ISSUE AS TO ANY MATERIAL FACT AND THAT THE LIBYAN
GOVERNMENT IS ENTITLED TO A JUDGMENT AS A MATTER OF LAW."
Summary judgment is proper in the instant case since "the pleadings, depositions,
answers to interrogatories, and admissions on file, together with the affidavits, if any,
show that there is no genuine issue as to any material fact and that Plaintiff Libyan
Government is entitled to a judgment as a matter of law." F. R. Civ. P. 56. See also
Synergistic International, LLC v. Korman, 470 F.3d 162, 170 (4th Cir. 2006). The
properties at issue are clearly “private residences” of “diplomatic agents.” Therefore,
these properties are immune from taxation by Arlington County and Fairfax County
pursuant to the Diplomatic Relations Act and the Vienna Convention on Diplomatic
Relations of April 18, 1961.
II.
THE DIPLOMATIC RELATIONS ACT AND THE VIENNA
CONVENTION ON DIPLOMATIC RELATIONS PREVENT ARLINGTON AND
FAIRFAX COUNTIES FROM TAXING THE LIBYAN GOVERNMENT’S
PROPERTIES.
The Diplomatic Relations Act, 22 U.S.C. § 254a and the Vienna Convention on
Diplomatic Relations of April 18, 1961, 22 U.S.T. 3227, prevent Arlington and Fairfax
Counties from taxing the Libyan Government’s properties that are used, as the properties
that are the subject of the instant lawsuit, as “private residences” of “diplomatic agents.”

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The Diplomatic Relations Act, 22 U.S.C. § 254a and the
Vienna Convention on Diplomatic Relations of April 18, 1961, 23 U.S.T. 3227
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.
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: . . .

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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.” 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.” 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.” 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.”
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.
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.
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.

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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.
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.
CONCLUSION
Plaintiff Great Socialist People’s Libyan Arab Jamahiriya respectfully requests
that this Honorable Court enter an order granting its motion for summary judgment on its
declaratory judgment claim 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 taxexempt 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,
/s/____________________________________
J.P. Szymkowicz (Virginia State Bar #39120)
John T. Szymkowicz (not admitted in Virginia)
SZYMKOWICZ & SZYMKOWICZ, LLP
1220 19th 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

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Certificate of Service
I hereby certify that on May 25, 2007, I mailed the foregoing Motion for
Summary Judgment on Plaintiff Libyan Government’s Declaratory Judgment Claim to:
Stephen MacIsaac, County Attorney
2100 Clarendon Boulevard, Suite 403
Arlington, Virginia 22201
Attorney for Defendant Arlington County, Virginia
via Certified 1st Class U.S. Mail, postage prepaid, return receipt requested #70062150-0000-7298-2960
and
David P. Bobzien, County Attorney
12000 Government Center Parkway, Suite 549
Fairfax, Virginia 22035
Attorney for Defendant Arlington County, Virginia
via Certified 1st Class U.S. Mail, postage prepaid, return receipt requested #70062150-0000-7298-2977
/s/____________________________________
J.P. Szymkowicz (Virginia State Bar #39120)

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Exhibit 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
GREAT SOCIALIST PEOPLE’S
LIBYAN ARAB JAMAHIRIYA
Plaintiff,
vs.
ARLINGTON COUNTY, VIRGINIA, et al.
Defendants.

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Case Number: _____

AFFIDAVIT OF AMBASSADOR AUJALI IN SUPPORT OF
THE LIBYAN GOVERNMENT’S COMPLAINT
I, Ali Aujali, being duly sworn state the following under oath and under the
penalties of perjury that:
1.

The statements contained in this Affidavit are made upon personal knowledge of

the facts contained in each statement.
2.

The statements contained in this Affidavit are true and correct to the best of my

knowledge, information and belief.
3.

The statements contained in this Affidavit set forth such facts as would be

admissible in evidence.
4.

I am over the age of eighteen and am competent to testify to the matters stated in

this Affidavit.
5.

I am the Great Socialist People’s Libyan Arab Jamahiriya’s Ambassador to the

United States of America.
6.

I conduct my official government affairs at the Embassy of the Libyan Arab

Jamahiriya located in the Watergate office complex in Washington, DC.

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
GREAT SOCIALIST PEOPLE’S
LIBYAN ARAB JAMAHIRIYA
Plaintiff,
vs.
ARLINGTON COUNTY, VIRGINIA, et al.
Defendants.

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Case Number: 1:07cv497
Judge T.S. Ellis III
Magistrate Judge Theresa C. Buchanan

ORDER GRANTING PLAINTIFF LIBYAN GOVERNMENT’S
MOTION FOR SUMMARY JUDGMENT
ON ITS DECLARATORY JUDGMENT CLAIM
Upon consideration of Plaintiff Great Socialist People’s Libyan Arab
Jamahiriya’s motion for summary judgment on its declaratory judgment claim and any
response thereto, IT IS HEREBY ORDERED THAT Plaintiff Great Socialist People’s
Libyan Arab Jamahiriya’s motion for summary judgment on its declaratory judgment
claim is GRANTED. IT IS FURTHER ORDERED THAT Defendant Arlington County,
Virginia and Defendant Fairfax County, Virginia must release any tax liens assessed
against the following properties declaring that these properties are tax-exempt:
1.

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 1

2.

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

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Date

________________________
T.S. Ellis, III
United States District Judge

We ask for this:
/s/____________________________________
J.P. Szymkowicz (V.S.B. #39120)
SZYMKOWICZ & SZYMKOWICZ, LLP
1220 19th 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
Seen:
/s/____________________________________
Stephen MacIsaac, County Attorney
2100 Clarendon Boulevard, Suite 403
Arlington, Virginia 22201
Attorney for Defendant Arlington County, Virginia
and
/s/____________________________________
David P. Bobzien, County Attorney
12000 Government Center Parkway, Suite 549
Fairfax, Virginia 22035
Attorney for Defendant Arlington County, Virginia

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