between the United States and the Swiss specifically precludes judicial review when a Swiss account is frozen, except a review under Swiss law in Switzerland. It creates no other private right of action and no right for a nonresident alien to sue in the United States can be implied. Since the Treaty precludes judicial review in this country, plaintiff cannot invoke the Administrative Procedure Act in light of 5 U.S.C. § 701(a)(1).
The complaint must thus be dismissed on legal grounds. No material fact is disputed. Plaintiff has presented no substantial basis for questioning the accuracy of defendant's supporting affidavit, and more importantly, this is not the forum in which this plaintiff can obtain a review of the actions taken by the Swiss Government. That is true regardless of whether the Attorney General's request involved plaintiff directly, as plaintiff alleges, or only indirectly, as the Attorney General states. Further discovery would serve no purpose and would intrude into privileged areas. The defendant's motion for a protective order is granted against plaintiff's attempted wide-ranging discovery and the amended complaint, which simply restates the basic claim, is allowed to be filed and is dismissed as failing to state a claim on which relief can be granted.
Appropriate Orders are filed herewith.
For the reasons stated in the Court's Memorandum filed herewith, it is hereby
ORDERED that defendant's motion to dismiss is granted and the First Amended Complaint is dismissed.
(1) Plaintiff's motion for leave to file First Amended Complaint is granted and the First Amended Complaint attached to plaintiff's motion of October 27, 1982, shall be filed.
(2) Plaintiff's motion for continuance to permit discovery is denied.
(3) Defendant's motion for a protective order is granted.
(4) Defendant's motions for extensions of time to respond to plaintiff's motions for continuance and to respond to plaintiff's supplemental opposition, until November 18 and 30, respectively, are moot.
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