WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 356 F.Supp.3d 30 (D.D.C. 2018) Otto, which is sufficient to meet the statesponsor-of-terrorism requirement. See Massie v. Gov’t of Democratic People’s Republic of Korea, 592 F.Supp.2d 57, 74 (D.D.C. 2008) (‘‘North Korea has been designated a state sponsor of terrorism, in part due to its unlawful seizure of the [USS] Pueblo,’’ an act upon which the FSIA claim was based); see also Murphy v. Islamic Republic of Iran, 740 F.Supp.2d 51, 65 (D.D.C. 2010) (concluding that 28 U.S.C. § 1605A(a)(2)(A)(i) was satisfied where Iran was designated as a state sponsor of terrorism ‘‘in partial response to the Beirut bombing,’’ the act which gave rise to the FSIA claim). After Otto’s death, Fred and Cindy recounted Otto’s story ‘‘to various government officials’’—including members of Congress, State Department and Executive Branch officials—‘‘in support of readding North Korea to the list of state sponsors of terrorism.’’ F. W. Decl. ¶ 26; see also H’rg Tr. (Rough) at 38–39 (F. W.). On October 20, 2017, sixteen Congressmen wrote a letter to the Secretary of State stating, ‘‘We write to urge you to exercise your authority to relist North Korea as a State Sponsor of Terrorism,’’ and noting that ‘‘[s]ince North Korea was removed from the State Sponsors of Terrorism list in 2008, the Kim regime has repeatedly perpetrated or supported heinous acts, the most recent example of which was the illegitimate detention, murderous mistreatment, and tragic death of Otto Warmbier.’’ Hatch Decl., Ex. K (Letter from Congressmen to Secretary of State). Ultimately, President Trump announced that the United States would be re-designating North Korea as a state sponsor of terrorism on November 20, 2017, the same date that the State Department lists as the designation date for North Korea. Hatch Decl., Ex. H (CNN Video titled ‘‘Trump: N. Korea Is a State Sponsor of Terror’’); Hatch Decl., Ex. I (CNN Article titled, ‘‘Trump Names 45 North Korea a State Sponsor of Terrorism’’); see also U.S. Dep’t of State, State Sponsors of Terrorism, https://www.state. gov/j/ct/list/c14151.htm (last visited Dec. 24, 2018). In his announcement, President Trump stated, ‘‘As we take this action today our thoughts turn to Otto Warmbier, a wonderful young man.’’ Hatch Decl., Ex. H; see also Hatch Decl., Ex. I. This evidence plainly establishes that the plaintiffs meet the first element for the exercise of subject matter jurisdiction because, under 28 U.S.C. § 1605A(a)(2)(A)(i)(I), because the lawsuit was filed after North Korea was designated as a state sponsor of terrorism, in part, ‘‘as a result of’’ its barbaric treatment of Otto. 2. Second Element: The Plaintiffs Are U.S. Citizens As to the second element, the plaintiffs have averred in sworn declarations that they, as well as their son, Otto, have been United States citizens for their entire lives, including at the time of Otto’s seizure and detention in North Korea and of his death. F. W. Decl. ¶ 1; C. W. Decl. ¶ 1. Thus, the second element is firmly established. 3. Third Element: Plaintiffs’ Offer to Arbitrate with North Korea For the third element, the FSIA ‘‘does not require any particular form of offer to arbitrate, simply the extension of a ‘reasonable opportunity.’ ’’ Simpson v. Socialist People’s Libyan Arab Jamahiriya, 326 F.3d 230, 234 (D.C. Cir. 2003). The plaintiffs filed a Notice of Offer to Arbitrate on the same day they filed their Complaint. See Offer to Arbitrate at 1, ECF No. 3. The Notice offered ‘‘to submit the abovecaptioned matter to arbitration in accordance with accepted international rules of arbitration,’’ and stated that North Korea could accept such offer ‘‘by filing with the Clerk TTT an acceptance in lieu of filing an answer or other responsive pleading.’’ Id.