-CITE-

22 USC CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

-HEAD-

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1621. Definitions.

1622. Establishment of Commission.

(a), (b) Repealed.

(c) Rules and regulations; termination date;

removal of personnel; reports.

1622a. Transfer of Foreign Claims Settlement Commission of

the United States to Department of Justice.

1622b. Transfer of functions, powers, and duties of Foreign

Claims Settlement Commission of the United States.

1622c. Membership of Foreign Claims Settlement Commission of

the United States.

(a) Composition of Commission; appointment and

compensation of Chairman.

(b) Appointment and compensation of members other

than Chairman.

(c) Terms of office.

(d) Continuation in office of existing members.

1622d. Appointment and compensation of officers and employees

of Foreign Claims Settlement Commission of the United

States; allowances and benefits; utilization of other

Federal facilities.

1622e. Vesting of all non-adjudicatory functions, powers, and

duties in Chairman of Foreign Claims Settlement

Commission of the United States.

1622f. Administrative support and services to Foreign Claims

Settlement Commission of the United States by

Attorney General.

1622g. Independence of Foreign Claims Settlement Commission

of the United States; finality of Commission

decisions.

1623. Claims.

(a) Jurisdiction of Commission; bases for

determination; fair market value.

(b) Notice of filing time; publication; basis of

decisions; finality of decision.

(c) Administration of oaths; examination of

witnesses; subpenas; reporting of hearings;

witness fees; contempt.

(d) Depositions.

(e) Penalties.

(f) Attorney's fees; limitation.

(g) Representation by United States; payments.

(h) Notification of disposition of claims; right to

hearing; finality of Commission's decision.

(i) Separation of awards.

(j) Compliance with administrative procedure law.

(k) Compliance with principles of international

law, justice and equity; fair market value.

1624. Certification of awards; certification of claims.

1625. Omitted.

1626. Payments.

(a) Principal and interest; regulations.

(b) Deductions; coverage into Treasury;

reimbursement for expenses.

(c) To whom made; exceptions.

(d) Erroneous payments as bar to further recovery.

(e) Acquiescence in conditions of subchapter.

(f) Non-assumption of liability by United States on

claims against foreign governments.

1627. Creation of special funds in Treasury.

(a) Credits to, and payment from funds.

(b) Credits to Yugoslav Claims Fund; credits to

other funds.

(c) Payment of awards.

(d) Payment of balance to Yugoslav Government;

certification of adjudication costs; finality

of certification.

(e) Payments; priorities.

(f) People's Republic of China; claim payment

priorities.

(g) Authority to invest and recover expenses from

funds.

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN,

AND RUMANIAN PROPERTY

1631. Definitions.

1631a. Property owned by Bulgaria, Hungary, and Rumania or

any national thereof.

(a) Vesting of property; liquidation; disposition

of net proceeds.

(b) Net proceeds of property vested in Alien

Property Custodian or Attorney General.

(c) Determination of ownership by natural person of

vested property.

(d) Furnishing of information; production of books

and records.

1631b. Cancellation and issuance of shares of stock or other

beneficial interest in corporation.

1631c. Filing of order of conveyance.

1631d. Acquittance and discharge of obligation.

1631e. Rules by district courts; appeals.

1631f. Claims to vested property.

(a) Action for return of property; jurisdiction;

complaint; custody of property until final

determination.

(b) Notice of claim; review of denial.

(c) Exclusiveness of relief.

(d) Recovery for conservation, preservation or

maintenance of property.

1631g. Payment of debts.

(a) Claims allowable; defenses.

(b) Time limit for filing claims; extension;

notice.

(c) Examination of claims; finality of

determination.

(d) Fund for debt payments.

(e) Amount payable; disallowance; notice; review;

additional evidence; judgment.

(f) Schedule of debt claims allowed; notice;

review; additional evidence; intervention;

judgment.

(g) Priority of claims.

(h) Priority as debt due United States.

(i) Exclusiveness of relief.

1631h. Hearings on claims; rules and regulations; delegation

of powers.

1631i. Limitations.

1631j. Fees of agents, attorneys, or representatives.

1631k. Taxes.

(a) Liability.

(b) Payment by designee; liability of former owner;

enforcement of tax liability; transfer of

property.

(c) Computation; suspension of limitations.

(d) "Tax" defined.

1631l. Determination of expenses and time for filing suit,

notice of claim and debt claim.

1631m. Lien, attachment, garnishment, etc., of transferred

property.

1631n. Penalties.

1631o. Eligibility for return of interest in property.

(a) Persons eligible; determination; prerequisites.

(b) Notice of claim; time of claim; fund for

payment.

(c) Finality of determination.

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

1641. Definitions.

1641a. Claims funds.

(a) Establishment; coverage into Treasury;

deduction.

(b) Bulgarian and Rumanian fund.

(c) Hungarian fund.

1641b. Claims of nationals of the United States against

Bulgaria, Hungary, and Rumania.

1641c. Claims of nationals of the United States against

Italy.

(a) Claims not provided for in peace treaty.

(b) Individuals who fail to file claims.

(c) Territory ceded by Italy.

(d) Time within which to file; publication in

Federal Register.

(e) Certification of awards.

(f) Transfers from Italian Claims Fund to War

Claims Fund.

1641d. Claims of nationals of the United States against the

Soviet Union.

(a) Claims prior to November 16, 1933.

(b) Federal and State court judgments.

(c) Preferences.

1641e. Filing of claims; notice in Federal Register.

(a) Time period.

(b) Property taken in Bulgaria and Rumania.

(c) Property taken in Hungary.

(d) Failure to receive notice on Hungarian claims.

1641f. Amount of award.

1641g. Certification of awards.

1641h. Funds for payment of claims.

1641i. Payment of awards.

(a) Manner of payment.

(b) Regulations.

(c) "Award" defined.

(d) Consolidated award.

1641j. Claims by corporations or other legal entities.

1641k. Prohibition against payment of award to collaborators

or disloyal persons.

1641l. Unpaid balance of claim; claims of United States

unaffected.

1641m. Finality of action of Commission.

1641n. Appropriations.

1641o. Time limitation on completion of affairs of

Commission.

(a) Claims against Russian nationals.

(b) Property taken in Bulgaria and Rumania; claims

against Italy.

(c) Property taken in Hungary.

1641p. Fees of agents, attorneys, or representatives.

(a) Maximum remuneration; penalty for violation.

(b) Petition for payment in excess of maximum;

determination by Commission not subject to

review.

1641q. Applicability of administrative provisions of

subchapter I.

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

1642. Definitions.

1642a. Financial provisions.

(a) Deposit of proceeds of certain property.

(b) Creation of Czechoslovakian Claims Fund.

(c) Voluntary settlement and payment of claims of

nationals of the United States.

(d) Deposit of net proceeds into Fund.

(e) Deductions for expenses.

(f) Disposition of balance of Fund.

1642b. Claims against United States; jurisdiction;

limitation; preference; reserve fund.

1642c. Determination of validity and amount of claims.

1642d. Nationality requirements.

1642e. Claims based on ownership interest in corporations or

other legal entities.

(a) Nationals of United States.

(b) Direct ownership.

(c) Indirect ownership.

(d) Computation of award.

1642f. Prevention of double benefits.

1642g. Consolidated awards.

1642h. Prohibition against payment of award to certain

persons.

1642i. Certification of awards.

1642j. Time for filing of claims; notice.

1642k. Time limitation on completion of affairs of

Commission.

1642l. Payment of awards.

(a) Manner of payment.

(b) Regulations.

(c) "Award" defined.

(d) Payment of interest of deceased persons or

persons under legal disability.

(e) Partial payments.

1642m. Fees of attorneys; limitation; penalty.

1642n. Transfer of records.

1642o. Applicability of administrative provisions of

subchapter I.

1642p. Authorization of appropriations.

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

1643. Congressional declaration of purpose.

1643a. Definitions.

1643b. Receipt of claims; determination of amount and

validity.

(a) Claims for property loss.

(b) Claims for disability or death.

1643c. Ownership of claims by nationals.

(a) Requirements for consideration of claims for

property loss.

(b) Requirements for consideration of claims for

disability or death.

1643d. Claims based on ownership interest in or debt or other

obligation owing by corporations or other legal

entities.

(a) Nationals of the United States; charge on

property.

(b) Direct ownership.

(c) Indirect ownership.

(d) Computation of award.

1643e. Offsets.

1643f. Action of Commission with respect to claims.

(a) Certification of amounts.

(b) Limitation on amount of claims of assignees.

1643g. Transfer of records.

1643h. Applicability of administrative provisions of

subchapter I.

1643i. Time limitation on completion of affairs of

Commission.

1643j. Authorization of appropriations.

1643k. Fees for services; limitation; penalty.

1643l. Determination of ownership of claims referred by

district courts of the United States.

1643m. Exclusivity of Foreign Claims Settlement Commission

certification procedure.

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

1644. Congressional declaration of purpose.

1644a. Definitions.

1644b. Receipt and determination of claims; notice by

publication in Federal Register.

1644c. Ownership of claims by nationals.

1644d. Claims based on ownership interest in or debt or other

obligation owing by corporations or other legal

entities.

(a) Nationals of the United States; charge on

property.

(b) Direct ownership.

(c) Indirect ownership.

(d) Computation of award.

1644e. Offsets.

1644f. Consolidated awards.

1644g. Claims Fund; establishment; deductions.

1644h. Certification of amounts; priority of payments.

1644i. Time limitation on completion of affairs of

Commission.

1644j. Transfer of records.

1644k. Authorization of appropriations.

1644l. Fees for services; limitation; penalty.

1644m. Applicability of administrative provisions of

subchapter I.

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

1645. Congressional declaration of purpose.

1645a. Definitions.

1645b. Receipt and determination of claims; notice by

publication in Federal Register.

1645c. Ownership of claims by nationals.

1645d. Claims based on ownership interest in or debt or other

obligation owing by corporations or other legal

entities.

(a) Nationals of United States; charge on property.

(b) Direct ownership.

(c) Indirect ownership.

(d) Computation of award.

1645e. Offsets.

1645f. Certifications; assigned claims.

1645g. Consolidated awards.

1645h. Claims Fund; establishment; deductions.

1645i. Award payment procedures.

(a) Certification of amounts.

(b) Priority of payments.

(c) Regulations.

1645j. Settlement period.

1645k. Transfer of records.

1645l. Authorization of appropriations.

1645m. Fees for services; limitation; penalty.

1645n. Applicability of other statutory provisions.

1645o. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1622b, 1622g, 6082 of

this title.

-End-

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22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1955 - Sections 1621 to 1627 of this title which constituted the

International Claims Settlement Act of 1949 were designated title I

of such Act, herein referred to as subchapter I, for purposes of

codification, by act Aug. 9, 1955, ch. 645, Sec. 1, 69 Stat. 562.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1641q, 1642o, 1643h,

1644m, 1645n of this title; title 50 App. section 2017n.

-End-

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22 USC Sec. 1621 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1621. Definitions

-STATUTE-

For the purposes of this subchapter -

(a) The term "person" shall include an individual, partnership,

corporation, or the Government of the United States.

(b) The term "United States" when used in a geographical sense

shall include the United States, its Territories and insular

possessions, and the Canal Zone.

(c) The term "nationals of the United States" includes (1)

persons who are citizens of the United States, and (2) persons who,

though not citizens of the United States, owe permanent allegiance

to the United States. It does not include aliens.

(d) The term "Yugoslav Claims Agreement of 1948" means the

agreement between the Governments of the United States of America

and of the Federal People's Republic of Yugoslavia regarding

pecuniary claims of the United States and its nationals, signed

July 19, 1948.

-SOURCE-

(Mar. 10, 1950, ch. 54, title I, Sec. 2, 64 Stat. 13; Aug. 9, 1955,

ch. 645, Secs. 1, 2, 69 Stat. 562.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (b), see

section 3602(b) of this title.

-MISC1-

REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R.

2076

References to this subchapter deemed to include section 119 of

H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by

Pub. L. 104-91, set out as an Authority of Foreign Claims

Settlement Commission note under section 1644 of this title.

AMENDMENTS

1955 - Act Aug. 9, 1955, Sec. 1, amended credit to section by

designating act Mar. 10, 1950, as "title I".

Act Aug. 9, 1955, Sec. 2, substituted "subchapter" for "chapter"

in opening phrase.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-155, Sec. 1, Dec. 9, 1999, 113 Stat. 1740, provided

that: "This Act [amending provisions set out as a note below] may

be cited as the 'U.S. Holocaust Assets Commission Extension Act of

1999'."

SHORT TITLE

Section 1 of act Mar. 10, 1950, provided that: "This Act

[enacting this chapter] may be cited as the 'International Claims

Settlement Act of 1949'."

TITLES OF ACT

Sections 1 and 3 of act Aug. 9, 1955, designated sections 1621 to

1627 of this title as "Title I" of act Mar. 10, 1950, which is

classified to subchapter I of this chapter and added "Title II -

Vesting and Liquidation of Bulgarian, Hungarian, and Rumanian

Property" and "Title III - Claims Against Bulgaria, Hungary,

Rumania, Italy, and the Soviet Union", which are classified to

subchapters II and III, respectively, of this chapter. Pub. L.

85-604 added Title IV, Claims Against Czechoslovakia, which is

classified to subchapter IV of this chapter. Pub. L. 88-666 added

Title V, Claims Against Cuba and China, which is classified to

subchapter V of this chapter. Pub. L. 94-542 added Title VI, Claims

Against German Democratic Republic, which is classified to

subchapter VI of this chapter. Pub. L. 96-606 added Title VII,

Claims Against Vietnam, which is classified to subchapter VII of

this chapter.

-TRANS-

ABOLITION OF INTERNATIONAL CLAIMS COMMISSION AND TRANSFER OF

FUNCTIONS

International Claims Commission of the United States, including

offices of its members, abolished and functions of Commission and

of members, officers, and employees thereof transferred to Foreign

Claims Settlement Commission of the United States by Reorg. Plan

No. 1 of 1954, Secs. 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68

Stat. 1279, set out as a note under section 1622 of this title.

-MISC2-

APPROPRIATIONS

Section 9 of act Mar. 10, 1950, provided that: "There is hereby

authorized to be appropriated, out of any money in the Treasury not

otherwise appropriated, such sums as may be necessary to enable the

Commission to carry out its functions under this Act [enacting this

chapter]."

UNITED STATES HOLOCAUST ASSETS COMMISSION

Pub. L. 105-186, June 23, 1998, 112 Stat. 611, as amended by Pub.

L. 106-155, Sec. 2, Dec. 9, 1999, 113 Stat. 1740, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'U.S. Holocaust Assets Commission

Act of 1998'.

"SEC. 2. ESTABLISHMENT OF COMMISSION.

"(a) Establishment. - There is established a Presidential

Commission, to be known as the 'Presidential Advisory Commission on

Holocaust Assets in the United States' (hereafter in this Act

referred to as the 'Commission').

"(b) Membership. -

"(1) Number. - The Commission shall be composed of 21 members,

appointed in accordance with paragraph (2).

"(2) Appointments. - Of the 21 members of the Commission -

"(A) eight shall be private citizens, appointed by the

President;

"(B) four shall be representatives of the Department of

State, the Department of Justice, the Department of the Army,

and the Department of the Treasury (one representative of each

such Department), appointed by the President;

"(C) two shall be Members of the House of Representatives,

appointed by the Speaker of the House of Representatives;

"(D) two shall be Members of the House of Representatives,

appointed by the minority leader of the House of

Representatives;

"(E) two shall be Members of the Senate, appointed by the

majority leader of the Senate;

"(F) two shall be Members of the Senate, appointed by the

minority leader of the Senate; and

"(G) one shall be the Chairperson of the United States

Holocaust Memorial Council.

"(3) Criteria for membership. - Each private citizen appointed

to the Commission shall be an individual who has a record of

demonstrated leadership on issues relating to the Holocaust or in

the fields of commerce, culture, or education that would assist

the Commission in analyzing the disposition of the assets of

Holocaust victims.

"(4) Advisory panels. - The Chairperson of the Commission may,

in the discretion of the Chairperson, establish advisory panels

to the Commission, including State or local officials,

representatives of organizations having an interest in the work

of the Commission, or others having expertise that is relevant to

the purposes of the Commission.

"(5) Date. - The appointments of the members of the Commission

shall be made not later than 90 days after the date of enactment

of this Act [June 23, 1998].

"(c) Chairperson. - The Chairperson of the Commission shall be

selected by the President from among the members of the Commission

appointed under subparagraph (A) or (B) of subsection (b)(2).

"(d) Period of Appointment. - Members of the Commission shall be

appointed for the life of the Commission.

"(e) Vacancies. - Any vacancy in the membership of the Commission

shall not affect its powers, but shall be filled in the same manner

as the original appointment.

"(f) Meetings. - The Commission shall meet at the call of the

Chairperson at any time after the date of appointment of the

Chairperson.

"(g) Quorum. - 11 members of the Commission shall constitute a

quorum, but a lesser number of members may hold meetings.

"SEC. 3. DUTIES OF THE COMMISSION.

"(a) Original Research. -

"(1) In general. - Except as otherwise provided in paragraph

(3), the Commission shall conduct a thorough study and develop a

historical record of the collection and disposition of the assets

described in paragraph (2), if such assets came into the

possession or control of the Federal Government, including the

Board of Governors of the Federal Reserve System and any Federal

reserve bank, at any time after January 30, 1933 -

"(A) after having been obtained from victims of the Holocaust

by, on behalf of, or under authority of a government referred

to in subsection (c);

"(B) because such assets were left unclaimed as the result of

actions taken by, on behalf of, or under authority of a

government referred to in subsection (c); or

"(C) in the case of assets consisting of gold bullion,

monetary gold, or similar assets, after such assets had been

obtained by the Nazi government of Germany from governmental

institutions in any area occupied by the military forces of the

Nazi government of Germany.

"(2) Types of assets. - Assets described in this paragraph

include -

"(A) gold, including gold bullion, monetary gold, or similar

assets in the possession of or under the control of the Board

of Governors of the Federal Reserve System or any Federal

reserve bank;

"(B) gems, jewelry, and nongold precious metals;

"(C) accounts in banks in the United States;

"(D) domestic financial instruments purchased before May 8,

1945, by individual victims of the Holocaust, whether recorded

in the name of the victim or in the name of a nominee;

"(E) insurance policies and proceeds thereof;

"(F) real estate situated in the United States;

"(G) works of art; and

"(H) books, manuscripts, and religious objects.

"(3) Coordination of activities. - In carrying out its duties

under paragraph (1), the Commission shall, to the maximum extent

practicable, coordinate its activities with, and not duplicate

similar activities already being undertaken by, private

individuals, private entities, or government entities, whether

domestic or foreign.

"(4) Insurance policies. -

"(A) In general. - In carrying out its duties under this Act,

the Commission shall take note of the work of the National

Association of Insurance Commissioners with regard to

Holocaust-era insurance issues and shall encourage the National

Association of Insurance Commissioners to prepare a report on

the Holocaust-related claims practices of all insurance

companies, both domestic and foreign, doing business in the

United States at any time after January 30, 1933, that issued

any individual life, health, or property-casualty insurance

policy to any individual on any list of Holocaust victims,

including the following lists:

"(i) The list maintained by the United States Holocaust

Memorial Museum in Washington, D.C., of Jewish Holocaust

survivors.

"(ii) The list maintained by the Yad Vashem Holocaust

Memorial Authority in its Hall of Names of individuals who

died in the Holocaust.

"(B) Information to be included. - The report on insurance

companies prepared pursuant to subparagraph (A) should include

the following, to the degree the information is available:

"(i) The number of policies issued by each company to

individuals described in such subparagraph.

"(ii) The value of each policy at the time of issue.

"(iii) The total number of policies, and the dollar amount,

that have been paid out.

"(iv) The total present-day value of assets in the United

States of each company.

"(C) Coordination. - The Commission shall coordinate its work

on insurance issues with that of the international Washington

Conference on Holocaust-Era Assets, to be convened by the

Department of State and the United States Holocaust Memorial

Council.

"(b) Comprehensive Review of Other Research. - Upon receiving

permission from any relevant individuals or entities, the

Commission shall review comprehensively any research by private

individuals, private entities, and non-Federal government entities,

whether domestic or foreign, into the collection and disposition of

the assets described in subsection (a)(2), to the extent that such

research focuses on assets that came into the possession or control

of private individuals, private entities, or non-Federal government

entities within the United States at any time after January 30,

1933, either -

"(1) after having been obtained from victims of the Holocaust

by, on behalf of, or under authority of a government referred to

in subsection (c); or

"(2) because such assets were left unclaimed as the result of

actions taken by, on behalf of, or under authority of a

government referred to in subsection (c).

"(c) Governments Included. - A government referred to in this

subsection includes, as in existence during the period beginning on

March 23, 1933, and ending on May 8, 1945 -

"(1) the Nazi government of Germany;

"(2) any government in any area occupied by the military forces

of the Nazi government of Germany;

"(3) any government established with the assistance or

cooperation of the Nazi government of Germany; and

"(4) any government which was an ally of the Nazi government of

Germany.

"(d) Reports. -

"(1) Submission to the president. - Not later than December 31,

2000, the Commission shall submit a final report to the President

that shall contain any recommendations for such legislative,

administrative, or other action as it deems necessary or

appropriate. The Commission may submit interim reports to the

President as it deems appropriate.

"(2) Submission to the congress. - After receipt of the final

report under paragraph (1), the President shall submit to the

Congress any recommendations for legislative, administrative, or

other action that the President considers necessary or

appropriate.

"SEC. 4. POWERS OF THE COMMISSION.

"(a) Hearings. - The Commission may hold such hearings, sit and

act at such times and places, take such testimony, and receive such

evidence as the Commission considers advisable to carry out this

Act.

"(b) Information From Federal Agencies. - The Commission may

secure directly from any Federal department or agency such

information as the Commission considers necessary to carry out this

Act. Upon request of the Chairperson of the Commission, the head of

any such department or agency shall furnish such information to the

Commission as expeditiously as possible.

"(c) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as other

departments and agencies of the Federal Government.

"(d) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

"(e) Administrative Services. - For the purposes of obtaining

administrative services necessary to carry out the purposes of this

Act, including the leasing of real property for use by the

Commission as an office, the Commission shall have the power to -

"(1) enter into contracts and modify, or consent to the

modification of, any contract or agreement to which the

Commission is a party; and

"(2) acquire, hold, lease, maintain, or dispose of real and

personal property.

"SEC. 5. COMMISSION PERSONNEL MATTERS.

"(a) Compensation. - No member of the Commission who is a private

citizen shall be compensated for service on the Commission. All

members of the Commission who are officers or employees of the

United States shall serve without compensation in addition to that

received for their services as officers or employees of the United

States.

"(b) Travel Expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

"(c) Executive Director, Deputy Executive Director, General

Counsel, and Other Staff. -

"(1) In general. - Not later than 90 days after the selection

of the Chairperson of the Commission under section 2, the

Chairperson shall, without regard to the civil service laws and

regulations, appoint an executive director, a deputy executive

director, and a general counsel of the Commission, and such other

additional personnel as may be necessary to enable the Commission

to perform its duties under this Act.

"(2) Qualifications. - The executive director, deputy executive

director, and general counsel of the Commission shall be

appointed without regard to political affiliation, and shall

possess all necessary security clearances for such positions.

"(3) Duties of executive director. - The executive director of

the Commission shall -

"(A) serve as principal liaison between the Commission and

other Government entities;

"(B) be responsible for the administration and coordination

of the review of records by the Commission; and

"(C) be responsible for coordinating all official activities

of the Commission.

"(4) Compensation. - The Chairperson of the Commission may fix

the compensation of the executive director, deputy executive

director, general counsel, and other personnel employed by the

Commission, without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of title 5, United States Code,

relating to classification of positions and General Schedule pay

rates, except that -

"(A) the rate of pay for the executive director of the

Commission may not exceed the rate payable for level III of the

Executive Schedule under section 5314 of title 5, United States

Code; and

"(B) the rate of pay for the deputy executive director, the

general counsel of the Commission, and other Commission

personnel may not exceed the rate payable for level IV of the

Executive Schedule under section 5315 of title 5, United States

Code.

"(5) Employee benefits. -

"(A) In general. - An employee of the Commission shall be an

employee for purposes of chapters 83, 84, 85, 87, and 89 of

title 5, United States Code, and service as an employee of the

Commission shall be service for purposes of such chapters.

"(B) Nonapplication to members. - This paragraph shall not

apply to a member of the Commission.

"(6) Office of personnel management. - The Office of Personnel

Management -

"(A) may promulgate regulations to apply the provisions

referred to under subsection (a) to employees of the

Commission; and

"(B) shall provide support services, on a reimbursable basis,

relating to -

"(i) the initial employment of employees of the Commission;

and

"(ii) other personnel needs of the Commission.

"(d) Detail of Government Employees. - Any Federal Government

employee may be detailed to the Commission without reimbursement to

the agency of that employee, and such detail shall be without

interruption or loss of civil service status or privilege.

"(e) Procurement of Temporary and Intermittent Services. - The

Chairperson of the Commission may procure temporary and

intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals which do not exceed the daily

equivalent of the annual rate of basic pay prescribed for level V

of the Executive Schedule under section 5316 of such title.

"(f) Staff Qualifications. - Any person appointed to the staff of

or employed by the Commission shall be an individual of integrity

and impartiality.

"(g) Conditional Employment. -

"(1) In general. - The Commission may offer employment on a

conditional basis to a prospective employee pending the

completion of any necessary security clearance background

investigation. During the pendency of any such investigation, the

Commission shall ensure that such conditional employee is not

given and does not have access to or responsibility involving

classified or otherwise restricted material.

"(2) Termination. - If a person hired on a conditional basis as

described in paragraph (1) is denied or otherwise does not

qualify for all security clearances necessary for the fulfillment

of the responsibilities of that person as an employee of the

Commission, the Commission shall immediately terminate the

employment of that person with the Commission.

"(h) Expedited Security Clearance Procedures. - A candidate for

executive director or deputy executive director of the Commission

and any potential employee of the Commission shall, to the maximum

extent possible, be investigated or otherwise evaluated for and

granted, if applicable, any necessary security clearances on an

expedited basis.

"SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.

"Upon the request of the Commission, the Administrator of General

Services shall provide to the Commission, on a reimbursable basis,

the administrative support services necessary for the Commission to

carry out its responsibilities under this Act.

"SEC. 7. TERMINATION OF THE COMMISSION.

"The Commission shall terminate 90 days after the date on which

the Commission submits its final report under section 3.

"SEC. 8. MISCELLANEOUS PROVISIONS.

"(a) Inapplicability of FACA. - The Federal Advisory Committee

Act (5 U.S.C. App.) does not apply to the Commission.

"(b) Public Attendance. - To the maximum extent practicable, each

meeting of the Commission shall be open to members of the public.

"SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated not more than

$6,000,000, in total, for the interagency funding of activities of

the Commission under this Act for fiscal years 1998, 1999, 2000,

and 2001, of which, notwithstanding section 1346 of title 31,

United States Code, and section 611 of the Treasury and General

Government Appropriations Act, 1998 [Pub. L. 105-61, 111 Stat.

1310], $537,000 shall be made available in equal amounts from funds

made available for fiscal year 1998 to the Departments of Justice,

State, and the Army that are otherwise unobligated. Funds made

available to the Commission pursuant to this section shall remain

available for obligation until December 31, 1999."

-End-

-CITE-

22 USC Sec. 1622 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622. Establishment of Commission

-STATUTE-

(a), (b) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 656

(c) Rules and regulations; termination date; removal of personnel;

reports

The Commission may prescribe such rules and regulations as may be

necessary to enable it to carry out its functions, and may delegate

functions to any member, officer, or employee of the Commission.

The President may fix a termination date for the authority of the

Commission, and the terms of office of its members under this

subchapter. Any member of the Commission may be removed by the

Secretary of State, upon notice and hearing, for neglect of duty,

or malfeasance in office, but for no other cause. Not later than

six months after its organization, and every six months thereafter,

the Commission shall make a report, through the Secretary of State,

to the Congress concerning its operations under this subchapter.

The Commission shall, upon completion of its work, certify in

duplicate to the Secretary of State and to the Secretary of the

Treasury the following: (1) A list of all claims disallowed; (2) a

list of all claims allowed, in whole or in part, together with the

amount of each claim and the amount awarded thereon; and (3) a copy

of the decision rendered in each case.

-SOURCE-

(Mar. 10, 1950, ch. 54, title I, Sec. 3, 64 Stat. 13; Aug. 8, 1953,

ch. 396, Sec. 3, 67 Stat. 506; 1954 Reorg. Plan No. 1, Secs. 1, 2,

4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279; Aug. 9, 1955,

ch. 645, Secs. 1, 2, 69 Stat. 562; Pub. L. 89-554, Sec. 8(a), Sept.

6, 1966, 80 Stat. 656, 657.)

-STATAMEND-

ANNUAL SUBMISSION OF REPORT

Pub. L. 89-348, Sec. 2(7), Nov. 8, 1965, 79 Stat. 1312, modified

subsection (c) of this section to require annual submission instead

of semiannual submission to the Congress by the Foreign Claims

Settlement Commission of its report concerning its operations under

the International Claims Settlement Act of 1949.

-MISC1-

REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R.

2076

References to this subchapter deemed to include section 119 of

H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by

Pub. L. 104-91, set out as an Authority of Foreign Claims

Settlement Commission note under section 1644 of this title.

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which

related to the composition, appointment, chairman, quorum, and

acting members of the Commission.

Subsec. (b). Pub. L. 89-554 repealed subsec. (b) which provided

for the principal office of the Commission, and for the appointment

and compensation of personnel.

Subsec. (d). Pub. L. 89-554 repealed subsec. (d) which related to

a limitation on additional appointments to the Commission.

1955 - Act Aug. 9, 1955, Sec. 1, amended credit to section by

designating act Mar. 10, 1950, as "title I".

Subsec. (c). Act Aug. 9, 1955, Sec. 2, substituted "subchapter"

for "chapter".

1953 - Act Aug. 8, 1953, added par. at end which was editorially

designated as subsec. (d).

-TRANS-

ABOLITION OF INTERNATIONAL CLAIMS COMMISSION

International Claims Commission of the United States abolished by

Reorg. Plan No. 1 of 1954, Sec. 4(a), eff. July 1, 1954, 19 F.R.

3985, 68 Stat. 1279, set out as a note below.

ABOLITION OF FUNCTIONS OF SECRETARY OF STATE

The functions of the Secretary of State under the third and

fourth sentences of subsec. (c) of this section were abolished by

Reorg. Plan No. 1 of 1954, Sec. 4(b), eff. July 1, 1954, 19 F.R.

3985, 68 Stat. 1279, set out as a note below.

-MISC2-

REORGANIZATION PLAN NO. 1 OF 1954

EFF. JULY 1, 1954, 19 F.R. 3985, 68 STAT. 1279

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 29, 1954,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES

SECTION 1. ESTABLISHMENT OF COMMISSION

There is hereby established the Foreign Claims Settlement

Commission of the United States, hereinafter referred to as the

Commission. The Commission shall be composed of three members, who

shall each be appointed by the President by and with the advice and

consent of the Senate, hold office during the pleasure of the

President, and receive compensation at the rate of $15,000 per

annum. The President shall from time to time designate one of the

members of the Commission as the Chairman of the Commission,

hereinafter referred to as the Chairman. Two members of the

Commission shall constitute a quorum for the transaction of the

business of the Commission.

SEC. 2. TRANSFER OF FUNCTIONS

(a) All functions of the War Claims Commission and of the

members, officers, and employees thereof are hereby transferred to

the Foreign Claims Settlement Commission of the United States.

(b) All functions of the International Claims Commission of the

United States (hereinafter referred to as the International Claims

Commission) and the members, officers, and employees thereof are

hereby transferred to the Foreign Claims Settlement Commission of

the United States.

(c) The functions of the Secretary of State and of the Department

of State with respect to the International Claims Commission and

its affairs, exclusive of the functions of the said Secretary and

Department under sections 3(c), 4(b), and 5, and the first sentence

of section 8(d), of the International Claims Settlement Act of

1949, 64 Stat. 12, as amended [22 U.S.C. 1622(c), 1623(b), 1624,

and 1627(d)], are hereby transferred to the Commission.

(d) The functions of the Commissioner provided for in the Joint

Resolution approved August 4, 1939, ch. 421, 53 Stat. 1199,

together with the functions of the Secretary of State under section

2 thereof, are hereby transferred to the Commission.

SEC. 3. CERTAIN FUNCTIONS OF CHAIRMAN

There are hereby vested in the Chairman all functions of the

Commission with respect to the internal management of the affairs

of the Commission, including but not limited to functions with

respect to: (a) the appointment of personnel employed under the

Commission, (b) the direction of employees of the Commission and

the supervision of their official activities, (c) the distribution

of business among employees and organizational units under the

Commission, (d) the preparation of budget estimates, and (e) the

use and expenditure of funds of the Commission available for

expenses of administration.

SEC. 4. ABOLITIONS

(a) The War Claims Commission provided for in the War Claims Act

of 1948, 62, Stat. 1240, as amended [50 App. U.S.C. 2001 et seq.]

and the International Claims Commission, provided for in the

International Claims Settlement Act of 1949, as amended [22 U.S.C.

1621-1627], including the offices of the members of each of the

said commissions, and the office of Commissioner provided for in

the aforesaid Joint Resolution of August 4, 1939, are hereby

abolished.

(b) The functions of the Secretary of State under the third and

fourth sentences of section 3(c) of the International Claims

Settlement Act of 1949, as amended [22 U.S.C. 1622(c)], are hereby

abolished.

SEC. 5. AUTHORIZATION TO DELEGATE

The Commission is hereby authorized to delegate any of its

functions to one or more persons designated by the Commission from

among the members of the Commission and the officers and employees

serving under the Commission.

SEC. 6. TRANSITIONAL PROVISIONS

(a) Any person who is a member or acting member of the War Claims

Commission or of the International Claims Commission immediately

prior to the taking effect of the provisions of this reorganization

plan may be designated by the President as an acting member of the

Foreign Claims Settlement Commission of the United States in

respect of an office of member the initial appointment to which has

not then been made under section 1 of this reorganization plan.

Each such acting member of the said Foreign Claims Settlement

Commission shall perform the duties and receive the compensation of

member. Unless sooner terminated, the tenure of any acting member

designated hereunder shall terminate when the office of member

concerned is filled in pursuance of section 1 hereof, or 120 days

after the effective date of this reorganization plan, whichever is

earlier.

(b) The Chairman shall make such provisions as may be necessary

with respect to winding up any affairs of the agencies abolished by

the provisions of this reorganization plan not otherwise provided

for herein.

(c) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed,

held, used, available, or to be made available, in connection with

the functions transferred by section 2 of this reorganization plan

as the Director of the Bureau of the Budget shall determine shall

be transferred to the Commission at such time or times as the said

Director shall direct.

(d) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate the transfers provided for in subsection (c) of this

section shall be carried out in such manner as he shall direct and

by such agencies as he shall designate.

SEC. 7. EFFECTIVE DATE

The provisions of this reorganization plan shall take effect on

the date determined under section 6(a) of the Reorganization Act of

1949, as amended or the first day of July, 1954, whichever is

later.

[For provisions transferring the Foreign Claims Settlement

Commission of the United States as a separate agency within the

Department of Justice, see 22 U.S.C. 1622a et seq.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 1 of 1954, prepared

in accordance with the Reorganization Act of 1949, as amended.

The reorganization plan establishes a new Government agency, the

Foreign Claims Settlement Commission of the United States;

transfers to that Commission the functions of the War Claims

Commission and of the International Claims Commission of the United

States; and abolishes the latter two Commissions.

The Foreign Claims Settlement Commission will be composed of

three members appointed by the President by and with the advice and

consent of the Senate. The President will designate one of the

members as Chairman of the Commission. The Chairman will be

responsible for the internal management of the affairs of the

Commission. The reorganization plan contains provisions designed to

assure smooth administration of functions during the period of

transition to the new organization.

The War Claims Commission was created as a temporary agency by

the War Claims Act of 1948. The Commission was made responsible for

settling certain claims of former United States World War II

prisoners of war, civilian internees captured or in hiding to avoid

capture in the Philippines, Guam, Wake Island, and the Midway

Islands, and certain religious organizations in the Philippines

which had aided American forces during the war. In 1952, the

Commission was assigned, additionally, the administration of claims

of Philippine religious organizations which sustained losses of

their educational, medical, and welfare facilities in the war, and

of benefits to United States prisoners of war for inhumane

treatment during internment by the enemy.

From its inception in 1949 to April 1, 1954, approximately

500,000 claims were filed with the War Claims Commission, and

approximately $134 million was paid to claimants. Approximately

96,000 remaining claims are in the process of settlement, and the

Commission must complete action on them, together with such appeals

as may be filed, by March 31, 1955.

The International Claims Commission was established within the

Department of State by the International Claims Settlement Act of

1949. Its immediate function was to adjudicate claims covered by a

settlement of $17 million which was deposited with the Government

of the United States by the Yugoslav Government primarily to

compensate our nationals for losses sustained through

nationalization of properties. The act also authorized the

Commission to settle such claims as might be included later in any

similar agreement between the United States and a foreign

government. Subsequently, the Commission was assigned the

administration of a $400,000 settlement negotiated with the

Government of Panama.

From its establishment in 1950 to April 1, 1954, the

International Claims Commission has settled 531 claims out of a

total of 1,622 filed. Of this total, 1,555 claims were against

Yugoslavia and 67 were against Panama. Under the act, settlement of

the remaining Yugoslav claims must be completed by December 31,

1954.

The accompanying reorganization plan has substantial potential

advantages. The Foreign Claims Settlement Commission will be able

to administer any additional claims programs financed by funds

derived from foreign governments without the delay which has often

characterized the initiation of past programs. Moreover, the use of

an existing agency will be more economical than the establishment

of a new commission to administer a given type of foreign claims

program. Consolidation of the affairs of the two present

Commissions will also permit the retention and use of the best

experience gained during the last several years in the field of

claims settlement. The declining workload of current programs can

be meshed with the rising workload of new programs with maximum

efficiency and effectiveness.

A proposed new claims program now pending before the Senate would

provide benefits similar to those paid to World War II victims

under the War Claims Act for losses and internments resulting from

hostilities in Korea. The executive branch of the Government has

recommended approval of this program by the Congress. I now suggest

that this program be assigned by law to the Foreign Claims

Settlement Commission.

There should also be assigned to this new Commission the

settlement of such of the claims programs as may be authorized from

among those recommended by the War Claims Commission in its report

made pursuant to section 8 of the War Claims Act. That report,

posing many complex policy, legal, and administrative problems, is

now being reviewed by executive agencies; and recommendations will

soon be sent to the Congress.

By peace treaties and an international agreement, the United

States has acquired the right to utilize certain external assets

and settlement funds of several countries. A total of about $39

million is available to indemnify claims of United States nationals

against the Governments of Rumania, Hungary, Bulgaria, and Italy,

arising out of war damage or confiscations in those countries. In

addition, claims growing out of United States losses from default

on obligations and nationalization of properties may be settled by

awards from $9 million realized from an agreement made in 1933 with

the Soviet Union, known as the Litvinov assignment. Action by the

Congress is necessary before these various funds may be assigned

for settlement, and recommendations of the executive branch in this

connection will be transmitted at an early date.

In addition to the reorganizations I have described, the

reorganization plan transfers to the Foreign Claims Settlement

Commission the functions of the Commissioner provided for in the

joint resolution of August 4, 1939. These functions involve the

receipt and administration of claims covered by the Litvinov

assignment. The office of Commissioner, for which funds have never

been appropriated and which has never been filled, is abolished.

The reorganization plan does not transfer the war claims fund or

the Yugoslav claims fund from the Department of the Treasury, or

divest the Secretary of the Treasury of any functions under the War

Claims Act of 1948, as amended, or under the International Claims

Settlement Act of 1949, as amended. It does not limit the

responsibility of the Secretary of State with respect to the

conduct of foreign affairs. The reorganizations contained in the

reorganization plan will not prejudice any interest or potential

interest of any claimant.

After investigation, I have found and hereby declare that each

reorganization included in the accompanying reorganization plan is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended. I have

also found and hereby declare that it is necessary to include in

the accompanying reorganization plan, by reason of reorganizations

made thereby, provisions for the appointment and compensation of

officers specified in section 1 of the plan. The rate of

compensation fixed for each of these officers is that which I have

found to prevail in respect of comparable officers in the executive

branch of the Government.

The statutory citation for certain functions of the Secretary of

State with respect to the International Claims Commission which are

abolished by the reorganization plan, is the third and fourth

sentences of section 3(c) of the International Claims Settlement

Act of 1949 (64 Stat. 13), as amended.

It is at this time impracticable to specify the reductions of

expenditures which it is probable will be brought about by the

taking effect of the reorganizations contained in the plan.

Reorganization Plan No. 1 of 1954 provides a single agency for

the orderly completion of present claims programs. In addition, it

provides an effective organization for the settlement of future

authorized claims programs by utilizing the experience gained by

present claims agencies. It provides unified administrative

direction of the functions concerned, and it simplifies the

organizational structure of the executive branch. I urge that the

Congress allow the reorganization plan to become effective.

Dwight D. Eisenhower.

The White House, April 29, 1954.

-End-

-CITE-

22 USC Sec. 1622a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622a. Transfer of Foreign Claims Settlement Commission of the

United States to Department of Justice

-STATUTE-

The Foreign Claims Settlement Commission of the United States,

established under Reorganization Plan Numbered 1 of 1954, is hereby

transferred to the Department of Justice as a separate agency

within that Department.

-SOURCE-

(Pub. L. 96-209, title I, Sec. 101, Mar. 14, 1980, 94 Stat. 96.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 1 of 1954, referred to in text, is

Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat.

1279, which is set out as a note under section 1622 of this title.

-COD-

CODIFICATION

Section was not enacted as part of the International Claims

Settlement Act of 1949 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Title VI of Pub. L. 96-209 provided that: "This Act [enacting

sections 1622a to 1622g of this title, amending sections 5316 of

Title 5, Government Organization and Employees, and section 2001 of

Title 50, Appendix, War and National Defense, and enacting

provisions set out as notes under this section, section 363 of

former Title 31, Money and Finance, and section 7546 of Title 42,

The Public Health and Welfare] shall take effect on the date of

enactment [Mar. 14, 1980]."

AUTHORITY OF DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET RELATING

TO TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED

STATES AND TERMINATION OF AFFAIRS OF ANNUAL ASSAY COMMISSION,

UNITED STATES MARINE CORPS MEMORIAL COMMISSION, AND LOW-EMISSION

VEHICLE CERTIFICATION BOARD

Title V of Pub. L. 96-209 provided that: "The Director of the

Office of Management and Budget is authorized and directed to make

such determinations as may be necessary with regard to the transfer

of functions, powers, and duties pursuant to this Act [enacting

sections 1622a to 1622g of this title, amending sections 5316 of

Title 5, Government Organization and Employees, and 2001 of Title

50, Appendix, War and National Defense, and enacting provisions set

out as notes under this section and sections 363 of former Title

31, Money and Finance, and 7546 of Title 42, The Public Health and

Welfare], and to make such additional incidental dispositions of

personnel, assets, liabilities, property, records, and unexpended

balances of appropriations, authorizations, allocations, and other

funds held, used, arising from, available to or to be made

available in connection with the functions transferred by this Act,

as the Director may deem necessary to accomplish the purposes of

this Act. The Director is further authorized and directed to

provide for terminating the affairs of each agency, board, or

commission [Annual Assay Commission under section 363 of former

Title 31, the Low-Emission Vehicle Certification Board under

section 7546 of Title 42, and the United States Marine Corps

Memorial Commission] abolished by this Act."

-End-

-CITE-

22 USC Sec. 1622b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622b. Transfer of functions, powers, and duties of Foreign

Claims Settlement Commission of the United States

-STATUTE-

All functions, powers, and duties of the Foreign Claims

Settlement Commission established by Reorganization Plan Numbered 1

of 1954 are hereby transferred with the Commission, together with

personnel, assets, liabilities, unexpended balances of

appropriations, authorizations, allocations, and other funds held,

used, available, or to be made available in connection with the

statutory functions of the Commission. The Commission shall

continue to perform its functions as provided by the War Claims Act

of 1948, as amended [50 App. U.S.C. 2001 et seq.], the

International Claims Settlement Act of 1949, as amended [22 U.S.C.

1621 et seq.], and Reorganization Plan Numbered 1 of 1954.

-SOURCE-

(Pub. L. 96-209, title I, Sec. 102, Mar. 14, 1980, 94 Stat. 96.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 1 of 1954, referred to in text, is

Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat.

1279, which is set out as a note under section 1622 of this title.

The War Claims Act of 1948, as amended, referred to in text, is

act July 3, 1948, ch. 826, 62 Stat. 1240, as amended, which is

classified generally to section 2001 et seq. of Title 50, Appendix,

War and National Defense. For complete classification of this Act

to the Code, see Short Title note set out under section 2001 of

Title 50, Appendix, and Tables.

The International Claims Settlement Act of 1949, as amended,

referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as

amended, which is classified generally to this chapter (Sec. 1621

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1621 of this title and

Tables.

-COD-

CODIFICATION

Section was not enacted as part of the International Claims

Settlement Act of 1949 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Mar. 14, 1980, see title VI of Pub. L. 96-209,

set out as a note under section 1622a of this title.

-End-

-CITE-

22 USC Sec. 1622c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622c. Membership of Foreign Claims Settlement Commission of

the United States

-STATUTE-

(a) Composition of Commission; appointment and compensation of

Chairman

The Commission shall be composed of a Chairman and two members.

The Chairman shall be appointed by the President, by and with the

advice and consent of the Senate, to serve on a full-time basis for

a term of three years, and compensated at the rate provided for

level V of the Executive Schedule under section 5316 of title 5.

(b) Appointment and compensation of members other than Chairman

The other members of the Commission shall be appointed by the

President, by and with the advice and consent of the Senate, and

serve on a part-time basis, and be compensated on a per diem basis

at a rate of compensation equivalent to the daily rate for level V

of the Executive Schedule under section 5316 of title 5 for each

day that such member is employed in the actual performance of

official business of the Commission as may be directed by the

Chairman. Each member shall be reimbursed for travel expenses,

including per diem in lieu of subsistence, as authorized by section

5703 of title 5 for persons in Government service employed

intermittently.

(c) Terms of office

The terms of Office of the Chairman and members of the Commission

shall be for three years, except the Chairman and members first

appointed after the enactment of this subsection shall be appointed

to terms ending respectively September 30, 1982, September 30,

1981, and September 30, 1980. The incumbent of any such office may

continue to serve until a successor takes office.

(d) Continuation in office of existing members

Notwithstanding the provisions of subsections (a), (b), and (c)

of this section, members of the Foreign Claims Settlement

Commission who are serving on March 14, 1980, shall continue to

serve in their same capacities until the expiration of the terms to

which they were appointed.

-SOURCE-

(Pub. L. 96-209, title I, Sec. 103, Mar. 14, 1980, 94 Stat. 96.)

-COD-

CODIFICATION

Section was not enacted as part of the International Claims

Settlement Act of 1949 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Mar. 14, 1980, see title VI of Pub. L. 96-209,

set out as a note under section 1622a of this title.

-End-

-CITE-

22 USC Sec. 1622d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622d. Appointment and compensation of officers and employees

of Foreign Claims Settlement Commission of the United States;

allowances and benefits; utilization of other Federal facilities

-STATUTE-

The Commission is authorized, in accordance with civil service

laws and in accordance with title 5 to appoint and fix the

compensation of such officers and employees as may be necessary to

carry out the functions of the Commission. The Commission is

authorized to employ experts and consultants in accordance with

section 3109 of title 5 without compensation or at rates of

compensation not in excess of the maximum daily rate prescribed for

GS-18 under section 5332 of title 5. Notwithstanding any other

provision of law, the Commission is further authorized to employ

nationals of other countries who may possess special knowledge,

languages, or other expertise necessary to assist the Commission.

The Commission is authorized to pay expenses of packing, shipping,

and storing personal effects of personnel of the Commission

assigned abroad, and to pay allowances and benefits similar to

those provided by title IX of the Foreign Service Act of 1946, as

amended. The Commission is authorized, with the consent of the head

of any other department or agency of the Federal Government, to

utilize the facilities and services of such department or agency in

carrying out the functions of the Commission. Officers and

employees of any department and agency of the Federal Government

may, with the consent of the head of such department or agency, be

assigned to assist the Commission in carrying out its functions.

The Commission shall reimburse such department and agency for the

pay of such officers or employees.

-SOURCE-

(Pub. L. 96-209, title I, Sec. 104, Mar. 14, 1980, 94 Stat. 97.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

Title IX of the Foreign Service Act of 1946, as amended, referred

to in text, is title IX of act Aug. 13, 1946, ch. 957, 60 Stat.

1025, as amended, which was classified generally to subchapter IX

(Secs. 1131-1160) of chapter 14 of this title, and was repealed by

section 2205(1) of the Foreign Service Act of 1980, Pub. L. 96-465,

title II, Oct. 17, 1980, 94 Stat. 2159. The Foreign Service Act of

1980 is classified principally to chapter 52 (Sec. 3901 et seq.) of

this title. Section 2401(c) of the 1980 Act (22 U.S.C. 4172(c))

provides in part that references in law to provisions of the

Foreign Service Act of 1946 shall be deemed to include reference to

the corresponding provisions of the 1980 Act. For provisions

corresponding to title IX of the Foreign Service Act of 1946, see

Table preceding section 801 of this title.

-COD-

CODIFICATION

Section was not enacted as part of the International Claims

Settlement Act of 1949 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Mar. 14, 1980, see title VI of Pub. L. 96-209,

set out as a note under section 1622a of this title.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

SALARIES AND EXPENSES OF FOREIGN CLAIMS SETTLEMENT COMMISSION

Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 996,

provided: "That for fiscal year 1990 and hereafter, funds

appropriated under this heading ["salaries and expenses, foreign

claims settlement commission"] shall be available for: allowances

and benefits similar to those allowed under the Foreign Service Act

of 1980 [22 U.S.C. 3901 et seq.] as determined by the [Foreign

Claims Settlement] Commission; expenses of packing, shipping, and

storing personal effects of personnel assigned abroad; rental or

lease, for such periods as may be necessary, of office space and

living quarters of personnel assigned abroad; maintenance,

improvement, and repair of properties rented or leased abroad, and

furnishing fuel, water, and utilities for such properties;

insurance on official motor vehicles abroad; advances of funds

abroad; advances or reimbursements to other Government agencies for

use of their facilities and services in carrying out the functions

of the Commission; hire of motor vehicles for field use only; and

employment of aliens."

-End-

-CITE-

22 USC Sec. 1622e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622e. Vesting of all non-adjudicatory functions, powers, and

duties in Chairman of Foreign Claims Settlement Commission of the

United States

-STATUTE-

All functions, powers, and duties not directly related to

adjudicating claims are hereby vested in the Chairman, including

the functions set forth in section 3 of Reorganization Plan

Numbered 1 of 1954 and the authority to issue rules and

regulations.

-SOURCE-

(Pub. L. 96-209, title I, Sec. 105, Mar. 14, 1980, 94 Stat. 97.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 1 of 1954, referred to in text, is

Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat.

1279, which is set out as a note under section 1622 of this title.

-COD-

CODIFICATION

Section was not enacted as part of the International Claims

Settlement Act of 1949 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Mar. 14, 1980, see title VI of Pub. L. 96-209,

set out as a note under section 1622a of this title.

-End-

-CITE-

22 USC Sec. 1622f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622f. Administrative support and services to Foreign Claims

Settlement Commission of the United States by Attorney General

-STATUTE-

The Attorney General shall provide necessary administrative

support and services to the Commission. The Chairman shall prepare

the budget requests, authorization documents, and legislative

proposals for the Commission within the procedures established by

the Department of Justice, and the Attorney General shall submit

these items to the Director of the Office of Management and Budget

as proposed by the Chairman.

-SOURCE-

(Pub. L. 96-209, title I, Sec. 106, Mar. 14, 1980, 94 Stat. 97.)

-COD-

CODIFICATION

Section was not enacted as part of the International Claims

Settlement Act of 1949 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Mar. 14, 1980, see title VI of Pub. L. 96-209,

set out as a note under section 1622a of this title.

-End-

-CITE-

22 USC Sec. 1622g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622g. Independence of Foreign Claims Settlement Commission of

the United States; finality of Commission decisions

-STATUTE-

Nothing in this Act shall be construed to diminish the

independence of the Commission in making its determinations on

claims in programs that it is authorized to administer pursuant to

the powers and responsibilities conferred upon the Commission by

the War Claims Act of 1948, as amended [50 App. U.S.C. 2001 et

seq.], the International Claims Settlement Act of 1949, as amended

[22 U.S.C. 1621 et seq.], and Reorganization Plan Numbered 1 of

1954. The decisions of the Commission with respect to claims shall

be final and conclusive on all questions of law and fact, and shall

not be subject to review by the Attorney General or any other

official of the United States or by any court by mandamus or

otherwise.

-SOURCE-

(Pub. L. 96-209, title I, Sec. 107, Mar. 14, 1980, 94 Stat. 97.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-209, Mar. 14, 1980,

94 Stat. 96, which enacted sections 1622a to 1622g of this title,

amended section 5316 of Title 5, Government Organization and

Employees, and section 2001 of Title 50, Appendix, War and National

Defense, and enacted provisions set out as notes under section

1622a of this title, section 363 of former Title 31, Money and

Finance, and section 7546 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Tables.

The War Claims Act of 1948, as amended, referred to in text, is

act July 3, 1948, ch. 826, 62 Stat. 1240, as amended, which is

classified generally to section 2001 et seq. of Title 50, Appendix,

War and National Defense. For complete classification of this Act

to the Code, see Short Title note set out under section 2001 of

Title 50, Appendix, and Tables.

The International Claims Settlement Act of 1949, as amended,

referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as

amended, which is classified generally to this chapter (Sec. 1621

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1621 of this title and

Tables.

Reorganization Plan Numbered 1 of 1954, referred to in text, is

Reorg. Plan No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat.

1279, which is set out as a note under section 1622 of this title.

-COD-

CODIFICATION

Section was not enacted as part of the International Claims

Settlement Act of 1949 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Mar. 14, 1980, see title VI of Pub. L. 96-209,

set out as a note under section 1622a of this title.

-End-

-CITE-

22 USC Sec. 1623 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1623. Claims

-STATUTE-

(a) Jurisdiction of Commission; bases for determination; fair

market value

(1) The Commission shall have jurisdiction to receive, examine,

adjudicate, and render a final decision with respect to any claim

of the Government of the United States or of any national of the

United States -

(A) included within the terms of the Yugoslav Claims Agreement

of 1948;

(B) included within the terms of any claims agreement concluded

on or after March 10, 1954, between the Government of the United

States and a foreign government (exclusive of governments against

which the United States declared the existence of a state of war

during World War II) similarly providing for the settlement and

discharge of claims of the Government of the United States and of

nationals of the United States against a foreign government,

arising out of the nationalization or other taking of property,

by the agreement of the Government of the United States to accept

from that government a sum in en bloc settlement thereof; or

(C) included in a category of claims against a foreign

government which is referred to the Commission by the Secretary

of State.

(2) In the decision of claims under this subchapter, the

Commission shall apply the following in the following order:

(A) The provisions of the applicable claims agreement as

provided in this subsection.

(B) The applicable principles of international law, justice,

and equity. In determining the value of a claim under

international law, the Commission shall award the fair market

value of the property as of the time of the taking by the foreign

government involved (without regard to any action or event that

occurs after the taking), except that the value of the claim

shall not reflect any diminution in value attributable to actions

which are carried out, or threats of action which are made, by

the foreign government with respect to the property before the

taking. Fair market value shall be ascertained in accordance with

the method most appropriate to the property taken and equitable

to the claimant, including -

(i) market value of outstanding equity securities;

(ii) replacement value;

(iii) going-concern value (which includes consideration of an

enterprise's profitability); and

(iv) book value.

In the case of any claim for losses in a service industry, the

appropriate basis of valuation shall be presumed to be that

referred to in clause (iii). For purposes of the preceding

sentence, the term "service" means economic activity the output

of which is other than tangible goods.

(b) Notice of filing time; publication; basis of decisions;

finality of decision

The Commission shall give public notice of the time when, and the

limit of time within which, claims may be filed, which notice shall

be published in the Federal Register. In addition, the Commission

is authorized and directed to mail a similar notice to the last

known address of each person appearing in the records of the

Department of State as having indicated an intention of filing a

claim with respect to a matter concerning which the Commission has

jurisdiction under this subchapter. All decisions shall be upon

such evidence and written legal contentions as may be presented

within such period as may be prescribed therefor by the Commission,

and upon the results of any independent investigation of cases

which the Commission may deem it advisable to make. Each decision

by the Commission pursuant to this subchapter shall be by majority

vote, and shall state the reason for such decision, and shall

constitute a full and final disposition of the case in which the

decision is rendered.

(c) Administration of oaths; examination of witnesses; subpenas;

reporting of hearings; witness fees; contempt

Any member of the Commission, or any employee of the Commission,

designated in writing by the Chairman of the Commission, may

administer oaths and examine witnesses. Any member of the

Commission may require by subpena the attendance and testimony of

witnesses, and the production of all necessary books, papers,

documents, records, correspondence, and other evidence, from any

place in the United States at any designated place of inquiry or of

hearing. The Commission is authorized to contract for the reporting

of inquiries or of hearings. Witnesses summoned before the

Commission shall be paid the same fees and mileage that are paid

witnesses in the courts of the United States. In case of

disobedience to a subpena, the aid of any district court of the

United States, as constituted by chapter 5 of title 28, and the

United States court of any Territory or other place subject to the

jurisdiction of the United States may be invoked in requiring the

attendance and testimony of witnesses and the production of such

books, papers, documents, records, correspondence, and other

evidence. Any such court within the jurisdiction of which the

inquiry or hearing is carried on may, in case of contumacy or

refusal to obey a subpena issued to any person, issue an order

requiring such person to appear or to give evidence touching the

matter in question; and any failure to obey such order of the court

may be punished by such court as a contempt thereof.

(d) Depositions

The Commission may order testimony to be taken by deposition in

any inquiry or hearing pending before it at any stage of such

proceeding or hearing. Such depositions may be taken, under such

regulations as the Commission may prescribe, before any person

designated by the Commission and having power to administer oaths.

Any person may be compelled to appear and depose, and to produce

books, papers, documents, records, correspondence, and other

evidence in the same way as witnesses may be compelled to appear

and testify and produce documentary evidence before the Commission,

as hereinabove provided. If a witness whose testimony may be

desired to be taken by deposition be in a foreign country, the

deposition may be taken, provided the laws of the foreign country

so permit, by a consular officer, or by an officer or employee of

the Commission, or other person commissioned by the Commission, or

under letters rogatory issued by the Commission. Witnesses whose

depositions are taken as authorized in this subsection, and the

persons taking the same, shall severally be entitled to the same

fees as are paid for like services in the courts of the United

States.

(e) Penalties

In addition to the penalties provided in section 1001 of title

18, any person guilty of any act, as provided therein, with respect

to any matter under this subchapter, shall forfeit all rights under

this subchapter, and, if payment shall have been made or granted,

the Commission shall take such action as may be necessary to

recover the same.

(f) Attorney's fees; limitation

No remuneration on account of services rendered on behalf of any

claimant in connection with any claim filed with the Commission

under this subchapter shall exceed 10 per centum of the total

amount paid pursuant to any award certified under the provisions of

this subchapter on account of such claim. Any agreement to the

contrary shall be unlawful and void. Whoever, in the United States

or elsewhere, demands or receives, on account of services so

rendered, any remuneration in excess of the maximum permitted by

this section, shall be fined not more than $5,000 or imprisoned not

more than twelve months, or both.

(g) Representation by United States; payments

The Attorney General shall assign such officers and employees of

the Department of Justice as may be necessary to represent the

United States as to any claims of the Government of the United

States with respect to which the Commission has jurisdiction under

this subchapter. Any and all payments required to be made by the

Secretary of the Treasury under this subchapter pursuant to any

award made by the Commission to the Government of the United States

shall be covered into the Treasury to the credit of miscellaneous

receipts.

(h) Notification of disposition of claims; right to hearing;

finality of Commission's decision

The Commission shall notify all claimants of the approval or

denial of their claims, stating the reasons and grounds therefor,

and, if approved, shall notify such claimants of the amount for

which such claims are approved. Any claimant whose claim is denied,

or is approved for less than the full amount of such claim, shall

be entitled, under such regulations as the Commission may

prescribe, to a hearing before the Commission, or its duly

authorized representatives, with respect to such claim. Upon such

hearing, the Commission may affirm, modify, or revise its former

action with respect to such claim, including a denial or reduction

in the amount theretofore allowed with respect to such claim. The

action of the Commission in allowing or denying any claim under

this subchapter shall be final and conclusive on all questions of

law and fact and not subject to review by the Secretary of State or

any other official, department, agency, or establishment of the

United States or by any court by mandamus or otherwise.

(i) Separation of awards

The Commission may in its discretion enter an award with respect

to one or more items deemed to have been clearly established in an

individual claim while deferring consideration and action on other

items of the same claim.

(j) Compliance with administrative procedure law

The Commission shall comply with the provisions of subchapter II

of chapter 5, and chapter 7, of title 5 except as otherwise

specifically provided by this subchapter.

(k) Compliance with principles of international law, justice and

equity; fair market value

In exercising authority granted after October 8, 1986, under this

chapter or any other Act, the Commission, in determining the value

of claims of the Government of the United States or of nationals of

the United States (as defined in this chapter or such other Act)

against any foreign government for losses arising from the

nationalization or other taking of property, shall comply with the

principles set forth in subsection (a)(2) of this section.

-SOURCE-

(Mar. 10, 1950, ch. 54, title I, Sec. 4, 64 Stat. 13; Aug. 9, 1955,

ch. 645, Secs. 1, 2, 69 Stat. 562; Pub. L. 90-421, Sec. 1(1), July

24, 1968, 82 Stat. 420; Pub. L. 99-451, Sec. 1, Oct. 8, 1986, 100

Stat. 1138; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec.

2211, Oct. 21, 1998, 112 Stat. 2681-812.)

-MISC1-

REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R.

2076

References to this subchapter deemed to include section 119 of

H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by

Pub. L. 104-91, set out as an Authority of Foreign Claims

Settlement Commission note under section 1644 of this title.

-COD-

CODIFICATION

In subsec. (j), "subchapter II of chapter 5, and chapter 7, of

title 5" substituted for "the Administrative Procedure Act of 1946"

on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 added par. (1), redesignated

second sentence as par. (2) and former pars. (1) and (2) as

subpars. (A) and (B), respectively, and struck out former first

sentence which read as follows: "The Commission shall have

jurisdiction to receive, examine, adjudicate, and render final

decisions with respect to claims of the Government of the United

States and of nationals of the United States included within the

terms of the Yugoslav Claims Agreement of 1948, or included within

the terms of any claims agreement on and after March 10, 1954

concluded between the Government of the United States and a foreign

government (exclusive of governments against which the United

States declared the existence of a state of war during World War

II) similarly providing for the settlement and discharge of claims

of the Government of the United States and of nationals of the

United States against a foreign government, arising out of the

nationalization or other taking of property, by the agreement of

the Government of the United States to accept from that government

a sum in en bloc settlement thereof."

1986 - Subsec. (a). Pub. L. 99-451, Sec. 1(a), amended second

sentence generally. Prior to amendment, second sentence read as

follows: "In the decision of claims under this subchapter, the

Commission shall apply the following in the following order: (1)

The provisions of the applicable claims agreement as provided in

this subsection; and (2) the applicable principles of international

law, justice, and equity."

Subsec. (k). Pub. L. 99-451, Sec. 1(b), added subsec. (k).

1968 - Subsec. (f). Pub. L. 90-421 struck out provisions which

authorized the Commission to determine the amount of attorney's

fees, such fees not to exceed 10% of the award and any written

agreement between attorney and claimant as to fees to be conclusive

upon the Commission, if the agreed upon fees do not exceed 10% of

the award, provisions which authorized the Secretary of the

Treasury to deduct the fees from the amount of the award and to pay

it directly to the attorney, any agreement to the contrary to be

unlawful and void, provisions which authorized the Commission to

give notice by mail to each claimant of the provisions of this

subsection, and provisions which authorized the Commission to

recover any fees paid in contravention of this subsection, the

recipient to forfeit all rights under this subchapter.

1955 - Act Aug. 9, 1955, Sec. 1, amended credit to section by

designating act Mar. 10, 1950, as "title I".

Subsecs. (a), (b), (e) to (h) and (j). Act Aug. 9, 1955, Sec. 2,

substituted "subchapter" for "chapter".

EFFECTIVE DATE OF 1986 AMENDMENT

Section 2 of Pub. L. 99-451 provided that: "The amendments made

by this Act [amending this section] shall apply to any claim

pending on the date of the enactment of this Act [Oct. 8, 1986] and

to any other claim determined after such date."

-TRANS-

ABOLITION OF INTERNATIONAL CLAIMS COMMISSION AND TRANSFER OF

FUNCTIONS

International Claims Commission of the United States, including

offices of its members, abolished and functions of Commission and

of members, officers, and employees thereof transferred to Foreign

Claims Settlement Commission of the United States by Reorg. Plan

No. 1 of 1954, Secs. 1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68

Stat. 1279, set out as a note under section 1622 of this title.

For provisions transferring the Foreign Claims Settlement

Commission of the United States as a separate agency within the

Department of Justice, see section 1622a et seq. of this title.

-MISC3-

PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN

FEDERAL REGISTER

Act Mar. 10, 1950, ch. 54, title VI, Sec. 615, as added Oct. 18,

1976, Pub. L. 94-542, 90 Stat. 2512, provided that:

"Notwithstanding the provision of sections 210 and 211 of the War

Claims Act of 1948 (Act of July 3, 1948), as amended by Public Law

87-846 [sections 2017i and 2017j of Title 50, Appendix, War and

National Defense], the Foreign Claims Settlement Commission

established by Reorganization Plan No. 1 of 1954 (68 Stat. 1279)

[set out under section 1622 of this title] is authorized and

directed to receive and consider protests relating to awards made

by the Commission during the ten calendar days immediately

preceding the expiration of the Commission's mandate to make such

awards on May 17, 1967. Any such protests must be filed within

ninety days after notice of the enactment of this provision is

filed with and published in the Federal Register, which shall take

place within thirty days of enactment [Oct. 18, 1976]. Such

protests may include the submission of new evidence not previously

before the Commission, and shall be acted upon within thirty days

after receipt by the Commission. The Commission may modify awards

made during the subject period in accordance with the procedures

established by the War Claims Act of 1948, [section 2001 et seq. of

Title 50, Appendix], and any increases in awards determined to be

appropriated by the Commission shall be certified to and paid by

the Secretary of the Treasury out of funds which are now or may

hereafter become available in the War Claims Fund in accordance

with section 213 of the Act [section 2017l of Title 50, Appendix]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1624, 1627, 1641q, 1642o,

1643h, 1644m, 1645n of this title.

-End-

-CITE-

22 USC Sec. 1624 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1624. Certification of awards; certification of claims

-STATUTE-

The Commission shall, as soon as possible, and in the order of

the making of such awards, certify to the Secretary of the Treasury

and to the Secretary of State copies of the awards made in favor of

the Government of the United States or of nationals of the United

States under this subchapter. The Commission shall certify to the

Secretary of State, upon his request, copies of the formal

submissions of claims filed pursuant to subsection (b) of section

1623 of this title for transmission to the foreign government

concerned.

-SOURCE-

(Mar. 10, 1950, ch. 54, title I, Sec. 5, 64 Stat. 16; Aug. 9, 1955,

ch. 645, Secs. 1, 2, 69 Stat. 562.)

-MISC1-

REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R.

2076

References to this subchapter deemed to include section 119 of

H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by

Pub. L. 104-91, set out as an Authority of Foreign Claims

Settlement Commission note under section 1644 of this title.

AMENDMENTS

1955 - Act Aug. 9, 1955, Sec. 1, amended credit to section by

designating act Mar. 10, 1950, as "title I".

Act Aug. 9, 1955, Sec. 2, substituted "subchapter" for "chapter".

-TRANS-

ABOLITION OF INTERNATIONAL CLAIMS COMMISSION AND TRANSFER OF

FUNCTIONS

International Claims Commission of the United States, including

offices of its members, abolished and functions of Commission and

of members, officers, and employees thereof transferred to Foreign

Claims Settlement Commission of the United States by Reorg. Plan

No. 1 of 1954, Secs. 1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68

Stat. 1279, set out as a note under section 1622 of this title.

For provisions transferring Foreign Claims Settlement Commission

of the United States as a separate agency within the Department of

Justice, see section 1622a et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1626, 1627 of this title.

-End-

-CITE-

22 USC Sec. 1625 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1625. Omitted

-COD-

CODIFICATION

Section, acts Mar. 10, 1950, ch. 54, title 1, Sec. 6, 64 Stat.

16; Aug. 8, 1953, ch. 396, Sec. 1, 67 Stat. 506, provided that

Commission complete its affairs in connection with settlement of

all United States-Yugoslavian Claims arising under Yugoslav Claims

Agreement of 1948, by December 31, 1954.

-End-

-CITE-

22 USC Sec. 1626 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1626. Payments

-STATUTE-

(a) Principal and interest; regulations

Subject to the limitations hereinafter provided, the Secretary of

the Treasury is authorized and directed to pay, as prescribed by

section 1627 of this title, an amount not exceeding the principal

of each award, plus accrued interest on such awards as bear

interest, certified pursuant to section 1624 of this title, in

accordance with the award. Such payments, and applications for such

payments, shall be made in accordance with such regulations as the

Secretary of the Treasury may prescribe.

(b) Deductions; coverage into Treasury; reimbursement for expenses

(1) There shall be deducted from the amount of each payment made

pursuant to subsection (c) of section 1627 of this title, as

reimbursement for the expenses incurred by the United States, an

amount equal to 5 per centum of such payment. All amounts so

deducted shall be covered into the Treasury to the credit of

miscellaneous receipts.

(2) The Secretary of the Treasury shall deduct from any amounts

covered, subsequent to July 24, 1968, into any special fund,

created pursuant to section 1627 of this title, 5 per centum

thereof as reimbursement to the Government of the United States for

expenses incurred by the Commission and by the Treasury Department

in the administration of this subchapter. The amounts so deducted

shall be covered into the Treasury to the credit of miscellaneous

receipts.

(c) To whom made; exceptions

Payments made pursuant to this subchapter shall be made only to

the person or persons on behalf of whom the award is made, except

that -

(1) if any person to whom any payment is to be made pursuant to

this subchapter is deceased or is under a legal disability,

payment shall be made to his legal representative, except that if

any payment to be made is not over $1,000 and there is no

qualified executor or administrator, payment may be made to the

person or persons found by the Secretary of the Treasury to be

entitled thereto, without the necessity of compliance with the

requirements of law with respect to the administration of

estates;

(2) in the case of a partnership or corporation, the existence

of which has been terminated and on behalf of which an award is

made, payment shall be made, except as provided in paragraphs (3)

and (4) of this subsection, to the person or persons found by the

Secretary of the Treasury to be entitled thereto;

(3) if a receiver or trustee for any such partnership or

corporation has been duly appointed by a court of competent

jurisdiction in the United States and has not been discharged

prior to the date of payment, payment shall be made to such

receiver or trustee in accordance with the order of the court;

(4) if a receiver or trustee for any such partnership or

corporation, duly appointed by a court of competent jurisdiction

in the United States, makes an assignment of the claim, or any

part thereof, with respect to which an award is made, or makes an

assignment of such award, or any part thereof, payment shall be

made to the assignee, as his interest may appear; and

(5) in the case of any assignment of an award, or any part

thereof, which is made in writing and duly acknowledged and

filed, after such award is certified to the Secretary of the

Treasury, payment may, in the discretion of the Secretary of the

Treasury, be made to the assignee, as his interest may appear.

(d) Erroneous payments as bar to further recovery

Whenever the Secretary of the Treasury shall find that any person

is entitled to any such payment, after such payment shall have been

received by such person, it shall be an absolute bar to recovery by

any other person against the United States, its officers, agents,

or employees with respect to such payment.

(e) Acquiescence in conditions of subchapter

Any person who makes application for any such payment shall be

held to have consented to all the provisions of this subchapter.

(f) Non-assumption of liability by United States on claims against

foreign governments

Nothing in this subchapter shall be construed as the assumption

of any liability by the United States for the payment or

satisfaction, in whole or in part, of any claim on behalf of any

national of the United States against any foreign government.

-SOURCE-

(Mar. 10, 1950, ch. 54, title I, Sec. 7, 64 Stat. 16; Aug. 8, 1953,

ch. 396, Sec. 2, 67 Stat. 506; Aug. 9, 1955, ch. 645, Secs. 1, 2,

69 Stat. 562; Pub. L. 90-421, Sec. 1(2), (3), July 24, 1968, 82

Stat. 420; Pub. L. 104-316, title II, Sec. 202(h), Oct. 19, 1996,

110 Stat. 3842.)

-MISC1-

REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R.

2076

References to this subchapter deemed to include section 119 of

H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by

Pub. L. 104-91, set out as an Authority of Foreign Claims

Settlement Commission note under section 1644 of this title.

AMENDMENTS

1996 - Subsec. (c)(1), (2). Pub. L. 104-316, Sec. 202(h)(1),

substituted "Secretary of the Treasury" for "Comptroller General"

in par. (1) and "Secretary of the Treasury" for "Comptroller

General of the United States" in par. (2).

Subsec. (d). Pub. L. 104-316, Sec. 202(h)(2), struck out ", or

the Comptroller General of the United States, as the case may be,"

after "Secretary of the Treasury".

1968 - Subsec. (b). Pub. L. 90-421, Sec. 1(2), designated

existing provisions as par. (1) and added par. (2).

Subsec. (c)(1). Pub. L. 90-421, Sec. 1(3), substituted "any

person to whom any payment is to be made pursuant to this

subchapter" for "such person" and ", except that if any payment to

be made is not over $1000" for ": Provided, That if the total award

is not over $500", and struck out "of the United States" after

"Comptroller General".

1955 - Act Aug. 9, 1955, Sec. 1, amended credit to section by

designating act Mar. 10, 1950, as "title I".

Act Aug. 9, 1955, Sec. 2, substituted "subchapter" for "chapter".

1953 - Subsec. (b). Act Aug. 8, 1953, increased the amount

deductible to cover expenses from 3 to 5 percent.

-TRANS-

ABOLITION OF INTERNATIONAL CLAIMS COMMISSION AND TRANSFER OF

FUNCTIONS

International Claims Commission of the United States, including

offices of its members, abolished and functions of Commission and

of members, officers, and employees thereof transferred to Foreign

Claims Settlement Commission of the United States by Reorg. Plan

No. 1, of 1954, Secs. 1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68

Stat. 1279, set out as a note under section 1622 of this title.

For provisions transferring Foreign Claims Settlement Commission

of the United States as a separate agency within the Department of

Justice, see section 1622a et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1627, 1641q, 1642o,

1643h, 1644m, 1645n of this title; title 50 App. section 2017n.

-End-

-CITE-

22 USC Sec. 1627 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1627. Creation of special funds in Treasury

-STATUTE-

(a) Credits to, and payment from funds

There are created in the Treasury of the United States (1) a

special fund to be known as the Yugoslav Claims Fund; and (2) such

other special funds as may, in the discretion of the Secretary of

the Treasury, be required, each to be a claims fund to be known by

the name of the foreign government which has entered into a

settlement agreement with the Government of the United States as

described in subsection (a) of section 1623 of this title. There

shall be covered into the Treasury to the credit of the proper

special fund all funds hereinafter specified. All payments

authorized under section 1626 of this title shall be disbursed from

the proper fund, as the case may be, and all amounts covered into

the Treasury to the credit of the aforesaid funds are permanently

appropriated for the making of the payments authorized by section

1626 of this title.

(b) Credits to Yugoslav Claims Fund; credits to other funds

The Secretary of the Treasury is authorized and directed to cover

into -

(1) the Yugoslav Claims Fund the sum of $17,000,000 being the

amount paid by the Government of the Federal People's Republic of

Yugoslavia pursuant to the Yugoslav Claims Agreement of 1948;

(2) a special fund created for that purpose pursuant to

subsection (a) of this section any amounts hereafter paid, in

United States dollars, by a foreign government which has entered

into a claims settlement agreement with the Government of the

United States as described in subsection (a) of section 1623 of

this title.

(c) Payment of awards

The Secretary of the Treasury is authorized and directed out of

the sums covered, prior to July 24, 1968, into any of the funds

pursuant to subsection (b) of this section, and after making the

deduction provided for in section 1626(b)(1) of this title -

(1) to make payments in full of the principal of awards of

$1,000 or less, certified pursuant to section 1624 of this title;

(2) to make payments of $1,000 on the principal of each award

of more than $1,000 in principal amount, certified pursuant to

section 1624 of this title;

(3) to make additional payment of not to exceed 25 per centum

of the unpaid principal of awards in the principal amount of more

than $1,000;

(4) after completing the payments prescribed by paragraphs (2)

and (3) of this subsection, to make payments, from time to time

in ratable proportions, on account of the unpaid principal of all

awards in the principal amount of more than $1,000, according to

the proportions which the unpaid principal of such awards bear to

the total amount in the fund available for distribution at the

time such payments are made; and

(5) after payment has been made of the principal amounts of all

such awards, to make pro rata payments on account of accrued

interest on such awards as bear interest.

(d) Payment of balance to Yugoslav Government; certification of

adjudication costs; finality of certification

The Secretary of the Treasury, upon the concurrence of the

Secretary of State, is authorized and directed, out of the sum

covered into the Yugoslav Claims Fund pursuant to subsection (b) of

this section, after completing the payments of such funds pursuant

to subsection (c) of this section, to make payment of the balance

of any sum remaining in such fund to the Government of the Federal

People's Republic of Yugoslavia to the extent required under

article 1(c) of the Yugoslav Claims Agreement of 1948. The

Secretary of State shall certify to the Secretary of the Treasury

the total cost of adjudication, not borne by the claimants,

attributable to the Yugoslav Claims Agreement of 1948. Such

certification shall be final and conclusive and shall not be

subject to review by any other official, or department, agency, or

establishment of the United States.

(e) Payments; priorities

Except as provided in subsection (f) of this section, the

Secretary of the Treasury is authorized and directed out of sums

covered, subsequent to July 24, 1968, into any special fund created

pursuant to this section to make payment on account of awards

certified by the Commission pursuant to this subchapter with

respect to claims included within the terms of a claims settlement

agreement concluded between the Government of the United States and

a foreign government as described in section 1623(a) of this title,

as follows and in the following order of priority:

(1) Payment in the amount of $1,000 or the principal amount of

the award, whichever is less;

(2) Thereafter, payments from time to time on account of the

unpaid principal balance of each remaining award which shall bear

to such unpaid principal balance the same proportion as the total

amount available for distribution at the time such payments are

made bears to the aggregate unpaid principal balance of all such

awards; and

(3) Thereafter, payments from time to time on account of the

unpaid balance of each award of interest which shall bear to such

unpaid balance of interest, the same proportion as the total

amount available for distribution at the time such payments are

made bears to the aggregate unpaid balance of interest of all

such awards.

(f) People's Republic of China; claim payment priorities

(1) Out of sums covered after May 11, 1979, into the special fund

created pursuant to this section to receive funds paid by the

People's Republic of China, the Secretary of the Treasury is

authorized and directed to make payments on account of awards

certified by the Commission pursuant to subchapter V of this

chapter with respect to claims included within the terms of the

Agreement Between the Government of the United States of America

and the Government of the People's Republic of China Concerning the

Settlement of Claims, signed on May 11, 1979, in the following

order of priority:

(A) Payment in the amount of $1,000 or the principal amount of

the award, whichever is less.

(B) Thereafter, except as provided in paragraph (2), to the

extent there remain unpaid principal balances on awards, payments

from time to time on account of the unpaid principal balance of

each remaining award which bear to such unpaid principal balance

the same proportion as the total amount available for

distribution at the time such payments are made bears to the

aggregate unpaid principal balance of all such awards.

(C) Thereafter, payments from time to time on account of the

unpaid balance of each award of interest which bear to such

unpaid balance of interest the same proportion as the total

amount available for distribution at the time such payments are

made bears to the aggregate unpaid balance of interest of all

such awards.

(2)(A) For the purpose of computing the payments to be made under

paragraph (1) to any claimant which was an incorporated business

enterprise on the date of nationalization or other taking of

property, the award certified by the Commission under subchapter V

of this chapter shall be reduced by the amount of Federal tax

benefits derived by such claimant on account of the losses upon

which such claim was based, but in no case shall such payments be

reduced below the amount paid to such claimant on account of such

claim before October 13, 1980. For purposes of this subparagraph,

such Federal tax benefits shall be the amount by which the

claimant's taxes in any prior taxable year or years under chapters

1, 2A, 2B, 2D, and 2E of the Internal Revenue Code of 1939, or

subtitle A of the Internal Revenue Code of 1986, were decreased

with respect to the loss or losses upon which the claim was based.

The sum of the amounts which would otherwise be payable but for

this paragraph which are not paid to any such claimant shall be

aggregated, and the Secretary of the Treasury is authorized and

directed to make payments out of such aggregated sums in accordance

with subparagraph (B).

(B) To the extent that there remain unpaid principal balances on

awards to claimants which were, on the date of nationalization or

other taking of property, nonprofit organizations operated

exclusively for the promotion of social welfare, religious,

charitable, or educational purposes (after payments made to such

nonprofit organizations pursuant to subparagraphs (A) and (B) of

paragraph (1) are taken into account), the Secretary of the

Treasury is authorized and directed to make payments from time to

time on account of the unpaid principal balance of each remaining

award to such nonprofit organizations which bear to such unpaid

principal balance the same proportion as the total sums aggregated

pursuant to subparagraph (A) at the times such payments are made

bear to the aggregate unpaid principal balance of all such awards

to nonprofit organizations.

(g) Authority to invest and recover expenses from funds

The Secretary of the Treasury is authorized and directed to

invest the amounts held respectively in the "special funds"

established by this section in public debt securities with

maturities suitable for the needs of the separate accounts and

bearing interest at rates determined by the Secretary, taking into

consideration the average market yield on outstanding marketable

obligations of the United States of comparable maturities. The

interest earned on the amounts in each special fund shall be used

to make payments, in accordance with subsection (c) of this

section, on awards payable from that special fund.

-SOURCE-

(Mar. 10, 1950, ch. 54, title I, Sec. 8, 64 Stat. 17; Aug. 9, 1955,

ch. 645, Sec. 1, 69 Stat. 562; Pub. L. 90-421, Sec. 1(4), (5), July

24, 1968, 82 Stat. 420; Pub. L. 96-445, Oct. 13, 1980, 94 Stat.

1891; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.

L. 100-204, title I, Sec. 142(a), Dec. 22, 1987, 101 Stat. 1350.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1939, referred to in subsec.

(f)(2)(A), was generally repealed by section 7851 of the Internal

Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954

was redesignated the Internal Revenue Code of 1986 by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095. For table of

comparisons of the 1939 Code to the 1986 Code, see Table I

preceding section 1 of Title 26, Internal Revenue Code. See also

section 7852(b) of Title 26, Internal Revenue Code, for provision

that references in any other law to a provision of the 1939 Code,

unless expressly incompatible with the intent thereof, shall be

deemed a reference to the corresponding provision of the 1986 Code.

Chapter 1 of the Internal Revenue Code of 1939, referred to in

subsec. (f)(2)(A), was comprised of sections 1 to 482 of former

Title 26, Internal Revenue Code. Section 14 of former Title 26 was

repealed by act Oct. 20, 1951, ch. 521, title I, pt. II, Sec.

121(g), 65 Stat. 469. Sections 34 and 185 of former Title 26 were

repealed by act Feb. 25, 1944, ch. 63, title I, Secs. 106(c)(2),

107(a), 58 Stat. 31. Sections 264 and 363 of former Title 26 were

repealed by act Oct. 21, 1942, ch. 619, title I, Secs. 159(e),

170(a), 56 Stat. 860, 878. Sections 430 to 474 of former Title 26

were omitted, and subsequently, along with the remaining sections

of former Title 26 comprising chapter 1, except sections 143 and

144, were repealed by sections 7851(a)(1)(A) of Title 26, Internal

Revenue Code. Sections 143 and 144 of former Title 26 were repealed

by section 7851(a)(1)(B) of Title 26.

Chapter 2A of the Internal Revenue Code of 1939, referred to in

subsec. (f)(2)(A), was comprised of sections 500 to 511 of former

Title 26, Internal Revenue Code. Sections 500 to 511 were repealed

by section 7851(a)(1)(A) of Title 26, Internal Revenue Code.

Chapter 2B of the Internal Revenue Code of 1939, referred to in

subsec. (f)(2)(A), was comprised of sections 600 to 605 of former

Title 26, Internal Revenue Code. Sections 600 to 605 were repealed

by act Nov. 8, 1945, ch. 453, title II, Sec. 202, 59 Stat. 574,

eff. with respect to taxable years ending June 30, 1946.

Chapter 2D of the Internal Revenue Code of 1939, referred to in

subsec. (f)(2)(A), was comprised of sections 700 to 706 of former

Title 26, Internal Revenue Code. Sections 700 to 716 were repealed

by section 7851(a)(1)(A) of Title 26, Internal Revenue Code.

Chapter 2E of the Internal Revenue Code of 1939, referred to in

subsec. (f)(2)(A), was comprised of sections 710 to 784 of former

Title 26, Internal Revenue Code. Sections 710 to 736, 740, 742 to

744, 750, 751, 760, 761 and 780 to 784 were repealed by act Nov. 8,

1945, ch. 453, title I, Sec. 122(a), 59 Stat. 568. Section 741 was

repealed by act Oct. 21, 1942, ch. 619, title II, Secs. 224(b),

228(b), 56 Stat. 920, 925. Section 752 was repealed by act Oct. 21,

1942, ch. 619, title II, Sec. 229(a)(1), 56 Stat. 931, eff. as of

Oct. 8, 1940.

Subtitle A of the Internal Revenue Code of 1986, referred to in

subsec. (f)(2)(A), is subtitle A of act Aug. 16, 1954, ch. 736, 68A

Stat. 4, as amended, which comprises Subtitle A (Sec. 1 et seq.) of

Title 26, Internal Revenue Code.

-MISC1-

REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R.

2076

References to this subchapter deemed to include section 119 of

H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by

Pub. L. 104-91, set out as an Authority of Foreign Claims

Settlement Commission note under section 1644 of this title.

AMENDMENTS

1987 - Subsec. (g). Pub. L. 100-204 added subsec. (g).

1986 - Subsec. (f)(2)(A). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

1980 - Subsec. (e). Pub. L. 96-445, Sec. 1(1), substituted

"Except as provided in subsection (f) of this section, the

Secretary of the Treasury" for "The Secretary of the Treasury".

Subsec. (f). Pub. L. 96-445, Sec. 1(2), added subsec. (f).

1968 - Subsec. (c). Pub. L. 90-421, Sec. 1(4), inserted ", prior

to July 24, 1968," after "the sums covered" and substituted

"section 1626(b)(1) of this title" for "section 1626(b) of this

title".

Subsec. (e). Pub. L. 90-421, Sec. 1(5), added subsec. (e).

1955 - Act Aug. 9, 1955, amended credit to section by designating

act Mar. 10, 1950, as "title I".

-TRANS-

ABOLITION OF INTERNATIONAL CLAIMS COMMISSION AND TRANSFER OF

FUNCTIONS

International Claims Commission of the United States, including

offices of its members, abolished and functions of Commission and

of members, officers, and employees thereof transferred to Foreign

Claims Settlement Commission of the United States by Reorg. Plan

No. 1 of 1954, Secs. 1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68

Stat. 1279, set out as a note under section 1622 of this title.

For provisions transferring Foreign Claims Settlement Commission

of the United States as a separate agency within the Department of

Justice, see section 1622a et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1626 of this title.

-End-

-CITE-

22 USC SUBCHAPTER II - VESTING AND LIQUIDATION OF

BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN,

AND RUMANIAN PROPERTY

-End-

-CITE-

22 USC Sec. 1631 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631. Definitions

-STATUTE-

As used in this subchapter the term -

(1) "Person" means a natural person, partnership, association,

other unincorporated body, corporation, or body politic.

(2) "Property" means any property, right, or interest.

(3) "Treaty of peace", with respect to a country, means the

treaty of peace with that country signed at Paris, France,

February 10, 1947, which came into force between that country and

the United States on September 15, 1947.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 201, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 562.)

-End-

-CITE-

22 USC Sec. 1631a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631a. Property owned by Bulgaria, Hungary, and Rumania or any

national thereof

-STATUTE-

(a) Vesting of property; liquidation; disposition of net proceeds

In accordance with article 25 of the treaty of peace with

Bulgaria, article 29 of the treaty of peace with Hungary, and

article 27 of the treaty of peace with Rumania, any property which

was blocked in accordance with Executive Order 8389 of April 10,

1940, as amended, and remains blocked on August 9, 1955, and which,

as of September 15, 1947, was owned directly or indirectly by

Bulgaria, Hungary, and Rumania or by any national thereof as

defined in such Executive order, shall vest in such officer or

agency as the President may from time to time designate and shall

vest when, as, and upon such terms as the President or his designee

shall direct. Such property shall be sold or otherwise liquidated

as expeditiously as possible after vesting under such rules and

regulations as the President or his designee may prescribe. The net

proceeds remaining upon completion of the administration and

liquidation thereof, including the adjudication of any suits or

claims with respect thereto under sections 1631f and 1631g of this

title, shall be covered into the Treasury. Notwithstanding the

preceding provisions of this subsection, any such property

determined by the President or his designee to be owned directly by

a natural person shall not be vested under this subsection but

shall remain blocked subject to release when, as, and upon such

terms as the President or his designee may prescribe. If, at any

time within one year from the date of the vesting of any property

under this subsection, the President or his designee shall

determine that it was directly owned at the date of vesting by a

natural person, then the President or his designee shall divest

such property and restore it to its blocked status prior to

vesting, subject to release when, as, and upon such terms as the

President or his designee may prescribe, or if such property has

been liquidated, shall divest the net proceeds thereof and carry

them in blocked accounts with the Treasury, bearing no interest, in

the name of the owner thereof at the date of vesting, subject to

release when, as, and upon such terms as the President or his

designee may prescribe.

(b) Net proceeds of property vested in Alien Property Custodian or

Attorney General

The net proceeds of any property which was vested in the Alien

Property Custodian or the Attorney General after December 17, 1941,

pursuant to the Trading With the Enemy Act, as amended, and which

at the date of vesting was owned directly or indirectly by

Bulgaria, Hungary, or Rumania, or any national thereof, shall after

completion of the administration, liquidation, and disposition of

such property pursuant to such Act, including the adjudication of

any suits or claims with respect thereto under such Act, be covered

into the Treasury, except that the net proceeds of any such

property which the President or his designee shall determine was

directly owned by a natural person at the date of vesting shall be

divested by the President or such officer or agency as he may

designate and carried in blocked accounts with the Treasury,

bearing no interest, in the name of the owner thereof at the date

of vesting, subject to release when, as, and upon such terms as the

President or his designee may prescribe.

(c) Determination of ownership by natural person of vested property

The determination under this section that any vested property was

not directly owned by a natural person at the date of vesting shall

be within the sole discretion of the President or his designee and

shall not be subject to review by any court.

(d) Furnishing of information; production of books and records

The President or his designee may require any person to furnish,

in the form of reports or otherwise, complete information,

including information with regard to past transactions, relative to

any property blocked under Executive Order 8389 of April 10, 1940,

as amended, or as may be otherwise necessary to enforce the

provisions of this section; and the President or his designee may

require of any person the production of any books of account,

records, contracts, letters, memoranda, or other papers relative to

such property or as may be otherwise necessary to enforce the

provisions of this section.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 202, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 562.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 8389 of April 10, 1940, referred to in subsecs.

(a) and (d), is Ex. Ord. 8389, Apr. 10, 1940, 5 F.R. 1400, which is

set out under section 95a of Title 12, Banks and Banking.

The Trading With the Enemy Act, as amended, and such Act,

referred to in subsec. (b), is act Oct. 6, 1917, ch. 106, 40 Stat.

411, as amended, which is classified to sections 1 to 6, 7 to 39

and 41 to 44 of Title 50, Appendix, War and National Defense. For

complete classification of this Act to the Code, see Tables.

-TRANS-

TRANSFER OF ALIEN PROPERTY CUSTODIAN FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interests

in Philippines, are now vested in Attorney General. See notes set

out under section 6 of Title 50, Appendix, War and National

Defense.

-EXEC-

EXECUTIVE ORDER NO. 10644

Ex. Ord. No. 10644, Nov. 8, 1955, 20 F.R. 8363, as amended by Ex.

Ord. No. 11281, May 13, 1966, 31 F.R. 7215, which designated the

Attorney General to perform functions of the President under this

subchapter and the Secretary of the Treasury to perform functions

under this section with respect to the release of blocked property

and accounts, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51

F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1631g, 1631l, 1631o,

1641a of this title.

-End-

-CITE-

22 USC Sec. 1631b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631b. Cancellation and issuance of shares of stock or other

beneficial interest in corporation

-STATUTE-

Whenever shares of stock or other beneficial interest in any

corporation, association, or company or trust are vested in any

officer or agency designated by the President under this

subchapter, it shall be the duty of the corporation, association,

or company or trustee or trustees issuing such shares or any

certificates or other instruments representing the same or any

other beneficial interest to cancel such shares of stock or other

beneficial interest upon its, his, or their books and in lieu

thereof to issue certificates or other instruments for such shares

or other beneficial interest to the designee of the President, or

otherwise as such designee shall require.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 203, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 563.)

-End-

-CITE-

22 USC Sec. 1631c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631c. Filing of order of conveyance

-STATUTE-

Any vesting order, or other order or requirement issued pursuant

to this subchapter, or a duly certified copy thereof, may be filed,

registered, or recorded in any office for the filing, registering,

or recording of conveyances, transfers, or assignments of such

property as may be covered by such order or requirement; and if so

filed, registered, or recorded shall impart the same notice and

have the same force and effect as a duly executed conveyance,

transfer, or assignment so filed, registered, or recorded.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 204, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 563.)

-End-

-CITE-

22 USC Sec. 1631d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631d. Acquittance and discharge of obligation

-STATUTE-

Any payment, conveyance, transfer, assignment, or delivery of

property made to the President or his designee pursuant to this

subchapter, or any rule, regulation, instruction, or direction

issued under this subchapter, shall to the extent thereof be a full

acquittance and discharge for all purposes of the obligation of the

person making the same; and no person shall be held liable in any

court for or in respect of any such payment, conveyance, transfer,

assignment, or delivery made in good faith in pursuance of and in

reliance on the provisions of this subchapter, or of any rule,

regulation, instruction, or direction issued thereunder.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 205, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 563.)

-End-

-CITE-

22 USC Sec. 1631e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631e. Rules by district courts; appeals

-STATUTE-

The district courts of the United States are given jurisdiction

to make and enter all such rules as to notice and otherwise, and

all such orders and decrees, and to issue such process as may be

necessary and proper in the premises to enforce the provisions of

this subchapter, with a right of appeal from the final order or

decree of such court as provided in chapter 83 of title 28.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 206, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 563; amended Pub. L. 100-352, Sec. 6(g),

June 27, 1988, 102 Stat. 664.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-352 substituted "chapter 83" for "sections

1252, 1254, 1291, and 1292".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-352 effective ninety days after June 27,

1988, except that such amendment not to apply to cases pending in

Supreme Court on such effective date or affect right to review or

manner of reviewing judgment or decree of court which was entered

before such effective date, see section 7 of Pub. L. 100-352, set

out as a note under section 1254 of Title 28, Judiciary and

Judicial Procedure.

-End-

-CITE-

22 USC Sec. 1631f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631f. Claims to vested property

-STATUTE-

(a) Action for return of property; jurisdiction; complaint; custody

of property until final determination

Any person who has not filed a notice of claim under subsection

(b) of this section may institute a suit in equity for the return

of any property, or the net proceeds thereof, vested in a designee

of the President pursuant to section 1631a(a) of this title and

held by such designee. Such suit, to which said designee shall be

made a party defendant, shall be instituted in the District Court

of the United States for the District of Columbia or in the

district court of the United States for the district in which the

claimant resides, or, if a corporation, where it has its principal

place of business, by the filing of a complaint which alleges -

(1) that the claimant is a person other than Bulgaria, Hungary,

or Rumania, or a national thereof as defined in Executive Order

8389 of April 10, 1940, as amended; and

(2) that the claimant was the owner of such property

immediately prior to its vesting, or is the successor in interest

of such owner by inheritance, devise, or bequest.

If the court finds in favor of the claimant, it shall order the

payment, conveyance, transfer, assignment, or delivery to said

claimant of such property, or the net proceeds thereof, held by

said designee or the portion thereof to which the court shall

determine said claimant is entitled. If suit shall be so

instituted, then such property, or, if liquidated, the net proceeds

thereof, shall be retained in the custody of said designee until

any final judgment or decree which shall be entered in favor of the

claimant shall be fully satisfied, or until final judgment or

decree shall be entered against the claimant or suit otherwise

terminated.

(b) Notice of claim; review of denial

Any person who has not instituted a suit under the provisions of

subsection (a) of this section may file a notice of claim under

oath for the return of any property, or the net proceeds thereof,

vested in a designee of the President pursuant to section 1631a(a)

of this title and held by such designee. Such notice of claim shall

be filed with said designee and in such form and containing such

particulars as said designee shall require. Said designee may

return any property so claimed, or the net proceeds thereof,

whenever he shall determine -

(1) that the claimant is a person other than Bulgaria, Hungary,

or Rumania, or a national thereof as defined in Executive Order

8389 of April 10, 1940, as amended; and

(2) that the claimant was the owner of such property

immediately prior to its vesting, or is the successor in interest

of such owner by inheritance, devise, or bequest.

Any person whose claim is finally denied in whole or in part by

said designee may obtain review of such denial by filing a petition

therefor in the United States Court of Appeals for the District of

Columbia Circuit. Such petition for review must be filed within

sixty days after the date of mailing of the final order of denial

by said designee and a copy shall forthwith be transmitted to the

said designee by the clerk of the court. Within forty-five days

after receipt of such petition for review, or within such further

time as the court may grant for good cause shown, said designee

shall file an answer thereto, and shall file with the court the

record of the proceedings with respect to such claim, as provided

in section 2112 of title 28. The court may enter judgment affirming

the order of the designee; or, upon finding that such order is not

in accordance with law or that any material findings upon which

such order is based are unsupported by substantial evidence, may

enter judgment modifying or setting aside the order in whole or in

part, and (1) directing a return of all or part of the property

claimed, or (2) remanding the claim for further administrative

proceedings thereon. If a notice of claim is filed under this

subsection, the property which is the subject of such claim, or, if

liquidated, the net proceeds thereof, shall be retained in the

custody of said designee until any final order of said designee or

any final judgment or decree which shall be entered in favor of the

claimant shall be fully satisfied, or until a final order of said

designee or a final judgment or decree shall be entered against the

claimant, or the claim or suit otherwise terminated.

(c) Exclusiveness of relief

The sole relief and remedy of any person having any claim to any

property vested pursuant to section 1631a(a) of this title, except

a person claiming under section 1631o of this title, shall be that

provided by the terms of subsection (a) or (b) of this section, and

in the event of the liquidation by sale or otherwise of such

property, shall be limited to and enforced against the net proceeds

received therefrom and held by the designee of the President. The

claim of any person based on his ownership of shares of stock or

other proprietary interest in a corporation which was the owner of

property at the date of vesting thereof under section 1631a(a) of

this title shall be allowable under subsection (a) or (b) of this

section if 25 per centum or more of the outstanding capital stock

or other proprietary interest in the corporation was owned at such

date by nationals of countries other than Bulgaria, Hungary,

Rumania, Germany, or Japan. But no such claim of a national of a

foreign country shall be satisfied except after certification by

the Department of State that the country of the national accords

protection to nationals of the United States in similar types of

cases.

(d) Recovery for conservation, preservation or maintenance of

property

The designee of the President may retain or recover from any

property, or the net proceeds thereof, returned pursuant to

subsection (a) or (b) of this section an amount not exceeding that

expended or incurred by him for the conservation, preservation, or

maintenance of such property or proceeds.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 207, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 564; amended Pub. L. 85-791, Sec. 33,

Aug. 28, 1958, 72 Stat. 951; Pub. L. 90-421, Sec. 1(6), July 24,

1968, 82 Stat. 421.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 8389 of April 10, 1940, referred to in subsecs.

(a)(1) and (b)(1), is Ex. Ord. No. 8389, Apr. 10, 1940, 5 F.R.

1400, which is set out under section 95a of Title 12, Banks and

Banking.

-MISC1-

AMENDMENTS

1968 - Subsec. (c). Pub. L. 90-421 inserted ", except a person

claiming under section 1631o of this title," after "pursuant to

section 1631a(a) of this title".

1958 - Subsec. (b). Pub. L. 85-791, in fifth sentence,

substituted "shall forthwith be transmitted to the said designee by

the clerk of the court" for "must be served on the said designee",

and in sixth sentence, substituted "receipt" for "service" and

substituted "file with the court the record of the proceedings with

respect to such claim, as provided in section 2112 of title 28" for

"certify and file with the court a transcript of the entire record

of the proceedings with respect to such claim".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1631a, 1631h, 1631i,

1631k, 1631l, 1631o of this title.

-End-

-CITE-

22 USC Sec. 1631g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631g. Payment of debts

-STATUTE-

(a) Claims allowable; defenses

Any property vested in the designee of the President pursuant to

section 1631a(a) of this title, or the net proceeds thereof, shall

be equitably applied by such designee in accordance with this

section to the payment of debts owed by the person who owned such

property immediately prior to its vesting in such designee. No debt

claim shall be allowed under this section -

(1) if it is asserted against Bulgaria, Hungary, or Rumania

(including the government or any political subdivisions,

agencies, or instrumentalities thereof); or

(2) if it is based upon an obligation expressed or payable in

any currency other than the currency of the United States; or

(3) if it was not due and owing -

(A) on October 9, 1940, in the event the property in respect

of which such debt claim is filed was owned immediately prior

to vesting by a national of Rumania;

(B) on March 4, 1941, in the event the property in respect of

which such debt claim is filed was owned immediately prior to

vesting by a national of Bulgaria; or

(C) on March 13, 1941, in the event that the property in

respect of which such debt claim is filed was owned immediately

prior to vesting by a national of Hungary.

Any defense to the payment of such claim which would have been

available to the debtor shall be available to the designee, except

that the period from and after December 7, 1941, shall not be

included for the purpose of determining the applicability of any

statute of limitations. Debt claims allowable under this section

shall include only those of natural persons who were citizens of

the United States at the dates their debtors became obligated to

them; those of other natural persons who are and have been

continuously since December 7, 1941, residents of the United

States; those of corporations organized under the laws of the

United States or any State, Territory, or possession thereof, or

the District of Columbia; and those acquired by the designee of the

President under this subchapter. Successors in interest by

inheritance, devise, bequest, or operation of law of debt

claimants, other than persons who would themselves be disqualified

hereunder from allowance of a debt claim, shall be eligible for

payment to the same extent as their principals or predecessors

would have been.

(b) Time limit for filing claims; extension; notice

The designee of the President under this subchapter shall fix a

date or dates after which the filing of debt claims in respect of

any or all debtors shall be barred, and may extend the time so

fixed, and shall give at least sixty days' notice thereof by

publication in the Federal Register. In no event shall the time

extend beyond the expiration of one year from the date of the last

vesting in the designee of the President of any property of a

debtor in respect to whose debts the date is fixed. No debt shall

be paid prior to the expiration of one hundred and twenty days

after publication of the first such notice in respect of the

debtor, nor in any event shall any payment of a debt claim be made

out of any property or proceeds in respect of which a suit or

proceeding for return pursuant to this subchapter is pending.

(c) Examination of claims; finality of determination

The designee shall examine the claims, and such evidence in

respect thereof as may be presented to him or as he may introduce

into the record, and shall make a determination, with respect to

each claim, of allowance or disallowance, in whole or in part. The

determination of the designee that a claim is within either

paragraph (1) or (2) of subsection (a) of this section shall be

final and shall not be subject to judicial review, and such claim

shall not be considered a debt claim for any purpose under this

section.

(d) Fund for debt payments

Payment of debt claims shall be made only out of such money

included in, or received as net proceeds from the sale, use, or

other disposition of, any property owned by the debtor immediately

prior to its vesting in the designee of the President, as shall

remain after deduction of (1) the amount of the expenses of the

designee (including both expenses in connection with such property

or proceeds thereof, and such portion as the designee shall fix of

his other expenses), and of taxes, as defined in section 1631k of

this title, paid by the designee in respect of such property or

proceeds; and (2) such amount, if any, as the designee may

establish as a cash reserve for the future payment of such expenses

and taxes. If the money available hereunder for the payment of debt

claims against the debtor is insufficient for the satisfaction of

all claims allowed by the designee, ratable payments shall be made

in accordance with subsection (g) of this section to the extent

permitted by the money available and additional payments shall be

made whenever the designee shall determine that substantial further

money has become available, through liquidation of any such

property or otherwise. The designee shall not be required, through

any judgment of any court, levy of execution, or otherwise, to sell

or liquidate any property vested in him, for the purpose of paying

or satisfying any debt claim.

(e) Amount payable; disallowance; notice; review; additional

evidence; judgment

If the aggregate of debt claims filed as prescribed does not

exceed the money from which, in accordance with subsection (d) of

this section, payment may be made, the designee shall pay each

claim to the extent allowed, and shall serve by registered mail, on

each claimant whose claim is disallowed in whole or in part, a

notice of such disallowance. Within sixty days after the date of

mailing of the designee's determination, any debt claimant whose

claim has been disallowed in whole or in part may file in the

District Court of the United States for the District of Columbia a

complaint for review of such disallowance naming the designee as

defendant. Such complaint shall be served on the designee. The

designee, within forty-five days after service on him, shall

certify and file in said court a transcript of the record of

proceedings with respect to the claim in question. Upon good cause

shown such time may be extended by the court. Such record shall

include the claim as filed, such evidence with respect thereto as

may have been presented to the designee or introduced into the

record by him, and the determination of the designee with respect

thereto, including any findings made by him. The court may, in its

discretion, take additional evidence, upon a showing that such

evidence was offered to and excluded by the designee, or could not

reasonably have been adduced before him or was not available to

him. The court shall enter judgment affirming, modifying, or

reversing the designee's determination, and directing payment in

the amount, if any, which it finds due.

(f) Schedule of debt claims allowed; notice; review; additional

evidence; intervention; judgment

If the aggregate of debt claims filed as prescribed exceeds the

money from which, in accordance with subsection (d) of this

section, payment may be made, the designee shall prepare and serve

by registered mail on all claimants a schedule of all debt claims

allowed and the proposed payment to each claimant. In preparing

such schedule, the designee shall assign priorities in accordance

with subsection (g) of this section. Within sixty days after the

date of mailing of such schedule, any claimant considering himself

aggrieved may file in the District Court of the United States for

the District of Columbia a complaint for review of such schedule,

naming the designee as defendant. A copy of such complaint shall be

served upon the designee and on each claimant named in the

schedule. The designee within forty-five days after service on him,

shall certify and file in said court a transcript of the record of

proceedings with respect to such schedule. Upon good cause shown

such time may be extended by the court. Such record shall include

the claims in question as filed, such evidence with respect thereto

as may have been presented to the designee or introduced into the

record by him, any findings or other determinations made by the

designee with respect thereto, and the schedule prepared by the

designee. The court may, in its discretion, take additional

evidence, upon a showing that such evidence was offered to and

excluded by the designee or could not reasonably have been adduced

before him or was not available to him. Any interested debt

claimant who has filed a claim with the designee pursuant to this

section, upon timely application to the court, shall be permitted

to intervene in such review proceedings. The court shall enter

judgment affirming or modifying the schedule as prepared by the

designee and directing payment, if any be found due, pursuant to

the schedule as affirmed or modified and to the extent of the money

from which, in accordance with subsection (d) of this section,

payment may be made. Pending the decision of the court on such

complaint for review, and pending final determination of any appeal

from such decision, payment may be made only to an extent, if any,

consistent with the contentions of all claimants for review.

(g) Priority of claims

Debt claims shall be paid in the following order of priority: (1)

Wage and salary claims, not to exceed $600; (2) claims entitled to

priority under sections 3713(a) and 9309 of title 31, except as

provided in subsection (h) of this section; (3) all other claims

for services rendered; for expenses incurred in connection with

such services, for rent, for goods and materials delivered to the

debtor, and for payments made to the debtor for goods or services

not received by the claimant; (4) all other debt claims. No payment

shall be made to claimants within a subordinate class unless the

money from which, in accordance with subsection (d) of this

section, payment may be made permits payment in full of all allowed

claims in every prior class.

(h) Priority as debt due United States

No debt of any kind shall be entitled to priority under any law

of the United States or any State, Territory, or possession

thereof, or the District of Columbia, solely by reason of becoming

a debt due or owing to the United States as a result of its

acquisition by the designee of the President under this subchapter.

(i) Exclusiveness of relief

The sole relief and remedy available to any person seeking

satisfaction of a debt claim out of any property vested in the

designee under section 1631a(a) of this title, or the proceeds

thereof, shall be the relief and remedy provided in this section,

and suits for the satisfaction of debt claims shall not be

instituted, prosecuted, or further maintained except in conformity

with this section. No person asserting any interest, right, or

title in any property or proceeds acquired by the designee shall be

barred from proceeding pursuant to this subchapter for the return

thereof, by reason of any proceeding which he may have brought

pursuant to this section; nor shall any security interest asserted

by the creditor in any such property or proceeds be deemed to have

been waived solely by reason of such proceeding. Nothing contained

in this section shall bar any person from the prosecution of any

suit at law or in equity against the original debtor or against any

other person who may be liable for the payment of any debt for

which a claim might have been filed hereunder. No purchaser,

lessee, licensee, or other transferee of any property from the

designee shall, solely by reason of such purchase, lease, license,

or transfer, become liable for the payment of any debt owed by the

person who owned such property prior to its vesting in the

designee. Payment by the designee to any debt claimant shall

constitute, to the extent of payment, a discharge of the

indebtedness represented by the claim.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 208, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 565.)

-COD-

CODIFICATION

In subsec. (g), "sections 3713(a) and 9309 of title 31"

substituted for "sections 3466 and 3468 of the Revised Statutes (31

U.S.C., secs. 191 and 193)" on authority of Pub. L. 97-258, Sec.

4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which

enacted Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1631a, 1631h, 1631l of

this title.

-End-

-CITE-

22 USC Sec. 1631h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631h. Hearings on claims; rules and regulations; delegation

of powers

-STATUTE-

The officer or agency designated by the President under this

subchapter to entertain claims under sections 1631f(b) and 1631g of

this title shall have power to hold such hearings as may be deemed

necessary; to prescribe rules and regulations governing the form

and contents of claims, the proof thereof, and all other matters

related to proceedings on such claims; and in connection with such

proceedings to issue subpenas, administer oaths, and examine

witnesses. Such powers, and any other powers conferred upon such

officer or agency by sections 1631f(b) and 1631g of this title may

be exercised through subordinate officers designated by such

officer or agency.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 209, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 568.)

-End-

-CITE-

22 USC Sec. 1631i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631i. Limitations

-STATUTE-

No suit may be instituted pursuant to section 1631f(a) of this

title after the expiration of one year from the date of vesting of

the property in respect of which relief is sought. No return may be

made pursuant to section 1631f(b) of this title unless notice of

claim has been filed within one year from the date of vesting of

the property in respect of which the claim is filed.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 210, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 568.)

-End-

-CITE-

22 USC Sec. 1631j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631j. Fees of agents, attorneys, or representatives

-STATUTE-

No property or proceeds shall be returned under this subchapter,

nor shall any payment be made or judgment awarded in respect of any

property vested in any officer or agency designated by the

President under this subchapter unless satisfactory evidence is

furnished to said designee, or the court, as the case may be, that

the aggregate of the fees to be paid to all agents, attorneys at

law or in fact, or representatives, for services rendered in

connection with such return or payment or judgment does not exceed

10 per centum of the value of such property or proceeds or of such

payment. Any agent, attorney at law or in fact, or representative,

believing that the aggregate of the fees should be in excess of

such 10 per centum may, in the case of any return of, or the making

of any payment in respect of, such property or proceeds by the

President or such officer or agency as he may designate, petition

the district court of the United States for the district in which

he resides for an order authorizing fees in excess of 10 per centum

and shall name such officer or agency as respondent. The court

hearing such petition or a court awarding any judgment in respect

of any such property or proceeds, as the case may be, shall approve

an aggregate of fees in excess of 10 per centum of the value of

such property or proceeds only upon a finding that there exist

special circumstances of unusual hardship which require the payment

of such excess. Any person accepting any fee in excess of an amount

approved under this section, or retaining for more than thirty days

any portion of a fee, accepted prior to such approval, in excess of

the fee as approved, shall be guilty of a violation of this

subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 211, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 568.)

-End-

-CITE-

22 USC Sec. 1631k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631k. Taxes

-STATUTE-

(a) Liability

The vesting in any officer or agency designated by the President

under this subchapter of any property or the receipt by such

designee of any earnings, increment, or proceeds thereof shall not

render inapplicable any Federal, State, Territorial, or local tax

for any period before or after such vesting.

(b) Payment by designee; liability of former owner; enforcement of

tax liability; transfer of property

The officer or agency designated by the President under this

subchapter shall, notwithstanding the filing of any claim or the

institution of any suit under this subchapter, pay any tax incident

to any such property, or the earnings, increment, or proceeds

thereof, at the earliest time appearing to him to be not contrary

to the interest of the United States. The former owner shall not be

liable for any such tax accruing while such property, earnings,

increment, or proceeds are held by such designee, unless they are

returned pursuant to this subchapter without payment of such tax by

the designee. Every such tax shall be paid by the designee to the

same extent, as nearly as may be deemed practicable, as though the

property had not been vested, and shall be paid only out of the

property, or earnings, increment, or proceeds thereof, to which

they are incident or out of other property acquired from the same

former owner, or earnings, increment, or proceeds thereof. No tax

liability may be enforced from any property or the earnings,

increment, or proceeds thereof while held by the designee except

with his consent. Where any property is transferred, otherwise than

pursuant to section 1631f(a) or 1631f(b) of this title, the

designee may transfer the property free and clear of any tax,

except to the extent of any lien for a tax existing and perfected

at the date of vesting, and the proceeds of such transfer shall,

for tax purposes, replace the property in the hands of the

designee.

(c) Computation; suspension of limitations

Subject to the provisions of subsection (b) of this section, the

manner of computing any Federal taxes, including without limitation

by reason of this enumeration, the applicability in such

computation of credits, deductions, and exemptions to which the

former owner is or would be entitled, and the time and manner of

any payment of such taxes and the extent of any compliance by the

designee with provisions of Federal law and regulations applicable

with respect to Federal taxes, shall be in accordance with

regulations prescribed by the Secretary of the Treasury to

effectuate this section. Statutes of limitations on assessments,

collection, refund, or credit of Federal taxes shall be suspended

with respect to any vested property or the earnings, increment, or

proceeds thereof, while vested and for six months thereafter; but

no interest shall be paid upon any refund with respect to any

period during which the statute of limitations is so suspended.

(d) "Tax" defined

The word "tax" as used in this section shall include, without

limitation by reason of this enumeration, any property, income,

excess-profits, war-profits, excise, estate, and employment tax,

import duty, and special assessment; and also any interest,

penalty, additional amount, or addition thereto not arising from

any act, omission, neglect, failure, or delay on the part of the

designee.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 212, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 569.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1631g of this title.

-End-

-CITE-

22 USC Sec. 1631l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631g742l. Determination of expenses and time for filing suit,

notice of claim and debt claim

-STATUTE-

Prior to covering the net proceeds of liquidation of any property

into the Treasury pursuant to section 1631a(a) of this title, the

designee of the President under this subchapter shall determine -

(1) the amount of his administrative expenses attributable to

the performance of his functions under this subchapter with

respect to such property and the proceeds thereof. The amount so

determined, together with an amount not exceeding that expended

or incurred for the conservation, preservation, or maintenance of

such property and the proceeds thereof, and for taxes in respect

of same, shall be deducted and retained by the designee from the

proceeds otherwise covered into the Treasury; and

(2) that the time for the institution of a suit under section

1631f(a) of this title, for the filing of a notice of claim under

section 1631f(b) of this title, and for the filing of debt claims

under section 1631g of this title has elapsed.

The determinations of the designee under this section shall be

final and conclusive.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 213, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 570.)

-End-

-CITE-

22 USC Sec. 1631m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631m. Lien, attachment, garnishment, etc., of transferred

property

-STATUTE-

No property conveyed, transferred, assigned, delivered, or paid

to the designee of the President under this subchapter, or the net

proceeds thereof, shall be liable to lien, attachment, garnishment,

trustee process, or execution, or subject to any order or decree of

any court, except as provided in this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 214, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 570.)

-End-

-CITE-

22 USC Sec. 1631n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631n. Penalties

-STATUTE-

Whoever shall willfully violate any provision of this subchapter

or any rule or regulation issued hereunder, and whoever shall

willfully violate, neglect, or refuse to comply with any order of

the President or of a designee of the President under this

subchapter, issued in compliance with the provisions of this

subchapter shall be fined not more than $5,000, or, if a natural

person, imprisoned for not more than five years, or both; and the

officer, director, or agent of any corporation who knowingly

participates in such violation shall be punished by a like fine,

imprisonment, or both.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 215, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 570.)

-End-

-CITE-

22 USC Sec. 1631o 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER II - VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND

RUMANIAN PROPERTY

-HEAD-

Sec. 1631g742o. Eligibility for return of interest in property

-STATUTE-

(a) Persons eligible; determination; prerequisites

Notwithstanding any other provision of this chapter or any

provision of the Trading With the Enemy Act, as amended, any person

(1) who was formerly a national of Bulgaria, Hungary, or Rumania,

and (2) who, as a consequence of any law, decree, or regulation of

the nation of which he was a national discriminating against

political, racial or religious groups, at no time between December

7, 1941, and the time when such law, decree, or regulation was

abrogated enjoyed full rights of citizenship under the law of such

nation, shall be eligible hereunder to receive the return of his

interest in property which was vested under section 1631a(a) of

this title or under the Trading With the Enemy Act, as amended, as

the property of a corporation organized under the laws of Bulgaria,

Hungary, or Rumania if 25 per centum or more of the outstanding

capital stock of such corporation was owned at the date of vesting

by such persons and nationals of countries other than Bulgaria,

Hungary, Rumania, Germany, or Japan, or if such corporation was

subjected after December 7, 1941, under the laws of its country, to

special wartime measures directed against it because of the enemy

character of some or all of its stockholders; and no certificate by

the Department of State as provided under section 1631f(c) of this

title shall be required for such persons.

(b) Notice of claim; time of claim; fund for payment

An interest in property vested under the Trading With the Enemy

Act, as amended, as the property of a corporation organized under

the laws of Bulgaria, Hungary, or Rumania shall be subject to

return under subsection (a) of this section only if a notice of

claim for the return of any such interest has been timely filed

under the provisions of section 33 of Title 50 Appendix, provided

that application may be made therefore within six months after July

24, 1968. In the event such interest has been liquidated and the

net proceeds thereof transferred to the Bulgarian Claims Fund,

Hungarian Claims Fund, or Rumanian Claims Fund, the net proceeds of

any other interest representing vested property held in the United

States Treasury may be used for the purpose of making the return

hereunder.

(c) Finality of determination

Determinations by the designee of the President or any other

officer or agency with respect to claims under this section,

including the allowance or disallowance thereof, shall be final and

shall not be subject to review by any court.

-SOURCE-

(Mar. 10, 1950, ch. 54, title II, Sec. 216, as added Pub. L.

90-421, Sec. 1(7), July 24, 1968, 82 Stat. 421.)

-REFTEXT-

REFERENCES IN TEXT

The Trading With the Enemy Act, as amended, referred to in

subsecs. (a) and (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411,

as amended, which is classified to sections 1 to 6, 7 to 39 and 41

to 44 of Title 50, Appendix, War and National Defense. For complete

classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1631f of this title.

-End-

-CITE-

22 USC SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY,

RUMANIA, ITALY, AND THE

SOVIET UNION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1642h of this title;

title 50 App. section 2017g.

-End-

-CITE-

22 USC Sec. 1641 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641. Definitions

-STATUTE-

As used in this subchapter the term -

(1) "Person" means a natural person, partnership, association,

other unincorporated body, corporation, or body politic.

(2) "National of the United States" means (A) a natural person

who is a citizen of the United States, or who owes permanent

allegiance to the United States, and (B) a corporation or other

legal entity which is organized under the laws of the United

States, any State or Territory thereof, or the District of

Columbia, if natural persons who are nationals of the United

States own, directly or indirectly, more than 50 per centum of

the outstanding capital stock or other beneficial interest in

such legal entity. It does not include aliens.

(3) "Treaty of peace", with respect to a country, means the

treaty of peace with that country signed at Paris, France,

February 10, 1947, which came into force between that country and

the United States on September 15, 1947.

(4) "Memorandum of Understanding" means the Memorandum of

Understanding between the United States and Italy regarding

Italian assets in the United States and certain claims of

nationals of the United States, signed at Washington, District of

Columbia, August 14, 1947 (61 Stat. 3962).

(5) "Soviet Government" means the Union of Soviet Socialist

Republics, including any of its present or former constituent

republics, other political subdivisions, and any territories

thereof, as constituted on or prior to November 16, 1933.

(6) "Litvinov Assignment" means (A) the communication dated

November 16, 1933, from Maxim Litvinov to President Franklin D.

Roosevelt, wherein the Soviet Government assigned to the

Government of the United States amounts admitted or found to be

due it as the successor of prior governments of Russia, or

otherwise, preparatory to a final settlement of the claims

outstanding between the two Governments and the claims of their

nationals; (B) the communication dated November 16, 1933, from

President Franklin D. Roosevelt to Maxim Litvinov, accepting such

assignment; and (C) the assignments executed by Serge Ughet on

August 25, 1933, and November 15, 1933, assigning certain assets

to the Government of the United States.

(7) "Russian national" includes any corporation or business

association organized under the laws, decrees, ordinances, or

acts of the former Empire of Russia or of any government

successor thereto, and subsequently nationalized or dissolved or

whose assets were taken over by the Soviet Government or which

was merged with any other corporation or organization by the

Soviet Government.

(8) "Commission" means the Foreign Claims Settlement Commission

of the United States, established pursuant to Reorganization Plan

Numbered 1 of 1954 (68 Stat. 1279).

(9) "Property" means any property, right, or interest.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 301, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 570.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 1 of 1954, referred to in par. (8),

is Reorg. Plan No. 1 of 1954, eff. July 1, 1954, 19 F.R. 3985, 68

Stat. 1279, which is set out as a note under section 1622 of this

title.

-MISC1-

TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED

STATES AS SEPARATE AGENCY WITHIN DEPARTMENT OF JUSTICE

For provisions transferring Foreign Claims Settlement Commission

of the United States as a separate agency within the Department of

Justice, see section 1622a et seq. of this title.

-End-

-CITE-

22 USC Sec. 1641a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641a. Claims funds

-STATUTE-

(a) Establishment; coverage into Treasury; deduction

There are created in the Treasury of the United States five funds

to be known as the Bulgarian Claims Fund, the Hungarian Claims

Fund, the Rumanian Claims Fund, the Italian Claims Fund, and the

Soviet Claims Fund. The Secretary of the Treasury shall cover into

each of the Hungarian, Rumanian, and Bulgarian Claims Funds, the

funds attributable to the respective country or its nationals

covered into the Treasury pursuant to subsections (a) and (b) of

section 1631a of this title. The Secretary of the Treasury shall

cover into the Italian Claims Fund the sum of $5,000,000 paid to

the United States by the Government of Italy pursuant to article II

of the Memorandum of Understanding. The Secretary shall cover into

the Treasury the funds collected by the United States pursuant to

the Litvinov Assignment (including postal funds due prior to

November 16, 1933, to the Union of Soviet Socialist Republics

because of money orders certified to that country for payment) and

shall cover into the Soviet Claims Fund the funds so covered into

the Treasury. The Secretary shall deduct from each claims fund 5

per centum thereof as reimbursement to the Government of the United

States for the expenses incurred by the Commission and by the

Treasury Department in the administration of this subchapter. Such

deduction shall be made before any payment is made out of such fund

under section 1641i of this title. All amounts so deducted shall be

covered into the Treasury to the credit of miscellaneous receipts.

(b) Bulgarian and Rumanian fund

The Secretary of the Treasury shall cover into each of the

Bulgarian and Rumanian Claims Funds such sums as may be paid by the

Government of the respective country pursuant to the terms of any

claims settlement agreement between the Government of the United

States and the Government of such country.

(c) Hungarian fund

The Secretary of the Treasury shall cover into the Hungarian

Claims Fund, such sums as may be paid to the United States by the

Government of Hungary pursuant to the terms of the United States

Hungarian Claims Agreement of March 6, 1973.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 302, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 571; amended Pub. L. 90-421, Sec. 1(8),

July 24, 1968, 82 Stat. 422; Pub. L. 93-460, Sec. 1(1), Oct. 20,

1974, 88 Stat. 1386.)

-MISC1-

AMENDMENTS

1974 - Subsec. (c). Pub. L. 93-460 added subsec. (c).

1968 - Pub. L. 90-421 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1641c, 1641h of this

title.

-End-

-CITE-

22 USC Sec. 1641b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641b. Claims of nationals of the United States against

Bulgaria, Hungary, and Rumania

-STATUTE-

The Commission shall receive and determine in accordance with

applicable substantive law, including international law, the

validity and amounts of claims of nationals of the United States

against the Governments of Bulgaria, Hungary, and Rumania, or any

of them, arising out of the failure to -

(1) restore or pay compensation for property of nationals of

the United States as required by article 23 of the treaty of

peace with Bulgaria, articles 26 and 27 of the treaty of peace

with Hungary, and articles 24 and 25 of the treaty of peace with

Rumania. Awards under this paragraph shall be in amounts not to

exceed two-thirds of the loss or damage actually sustained;

(2) pay effective compensation for the nationalization,

compulsory liquidation, or other taking, prior to August 9, 1955,

of property of nationals of the United States in Bulgaria,

Hungary, and Rumania;

(3) meet obligations expressed in currency of the United States

arising out of contractual or other rights acquired by nationals

of the United States prior to April 24, 1941, in the case of

Bulgaria, and prior to September 1, 1939, in the case of Hungary

and Rumania, and which became payable prior to September 15,

1947;

(4) pay effective compensation for the nationalization,

compulsory liquidation, or other taking of property of nationals

of the United States in Bulgaria and Rumania, between August 9,

1955, and the effective date of the claims agreement between the

respective country and the United States; and

(5) pay effective compensation for the nationalization,

compulsory liquidation, or other taking of property of nationals

of the United States in Hungary, between August 9, 1955, and the

date the United States-Hungarian Claims Agreement of March 6,

1973, enters into force.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 303, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 571; amended Pub. L. 90-421, Sec. 1(9),

(10), July 24, 1968, 82 Stat. 422; Pub. L. 93-460, Sec. 1(2), (3),

Oct. 20, 1974, 88 Stat. 1386.)

-MISC1-

AMENDMENTS

1974 - Par. (5). Pub. L. 93-460, Sec. 1(3), added par. (5).

1968 - Par. (4). Pub. L. 90-421, Sec. 1(10), added par. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1641e, 1641i, 1641l,

1641o of this title; title 50 App. sections 2017g, 2017h, 2017l.

-End-

-CITE-

22 USC Sec. 1641c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641c. Claims of nationals of the United States against Italy

-STATUTE-

(a) Claims not provided for in peace treaty

The Commission shall receive and determine, in accordance with

the Memorandum of Understanding and applicable substantive law,

including international law, the validity and amount of claims of

nationals of the United States against the government of Italy

arising out of the war in which Italy was engaged from June 10,

1940, to September 15, 1947, and with respect to which provision

was not made in the treaty of peace with Italy. Upon payment of the

principal amounts (without interest) of all awards from the Italian

Claims Fund created pursuant to section 1641a of this title, the

Commission shall determine the validity and amount of any claim

under this section by any natural person who was a citizen of the

United States on August 9, 1955 and shall, in the event an award is

issued pursuant to such claim, certify the same to the Secretary of

the Treasury for payment out of remaining balances in the Italian

Claims Fund in accordance with the provisions of section 1641i of

this title, notwithstanding that the period of time prescribed in

section 1641o of this title for the settlement of all claims under

this section may have expired.

(b) Individuals who fail to file claims

The Commission shall receive and determine, or redetermine, as

the case may be, in accordance with applicable substantive law,

including international law, the validity and amounts of claims

owned by person who were eligible to file claims under the first

sentence of subsection (a) of this section on August 9, 1955, but

failed to file such claims or, if they filed such claims, failed to

file such claims within the limit of time required therefor:

Provided, That no awards shall be made to persons who have received

compensation in any amount pursuant to the treaty of peace with

Italy, subsection (a) of this section, or section 2017a of title 50

Appendix.

(c) Territory ceded by Italy

The Commission shall receive and determine, or redetermine as the

case may be, in accordance with applicable substantive law,

including international law, the validity and amounts of claims

owned by persons who were nationals of the United States on

September 3, 1943, and July 24, 1968, against the Government of

Italy which arose out of the war in which Italy was engaged from

June 10, 1940, to September 15, 1947, in territory ceded by Italy

pursuant to the treaty of peace with Italy: Provided, That no

awards shall be made to persons who have received compensation in

any amount pursuant to the treaty of peace with Italy or subsection

(a) of this section.

(d) Time within which to file; publication in Federal Register

Within thirty days after July 24, 1968, or within thirty days

after the date of enactment of legislation making appropriations to

the Commission for payment of administrative expenses incurred in

carrying out its functions under subsections (b) and (c) of this

section, whichever date is later, the Commission shall publish in

the Federal Register the time when and the limit of time within

which claims may be filed with the Commission, which limit shall

not be more than six months after such publication.

(e) Certification of awards

The Commission shall certify awards on claims determined pursuant

to subsections (b) and (c) of this section to the Secretary of the

Treasury for payment out of remaining balances in the Italian

Claims Fund in accordance with the provisions of section 1641i of

this title, after payment in full of all awards certified pursuant

to subsection (a) of this section.

(f) Transfers from Italian Claims Fund to War Claims Fund

After payment in full of all awards certified to the Secretary of

the Treasury pursuant to subsections (a) and (e) of this section,

the Secretary of the Treasury is authorized and directed to

transfer the unobligated balance in the Italian Claims Fund into

the War Claims Fund created by section 2012 of title 50 Appendix.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 304, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 572; amended Pub. L. 85-604, Sec. 2, Aug.

8, 1958, 72 Stat. 531; Pub. L. 90-421, Sec. 1(11), July 24, 1968,

82 Stat. 422.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-421 designated existing provisions as subsec.

(a) and added subsecs. (b) to (f).

1958 - Pub. L. 85-604 authorized the Commission to determine the

validity and amount of claims by natural persons who were citizens

of the United States on Aug. 9, 1955.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1641i, 1641o of this

title.

-End-

-CITE-

22 USC Sec. 1641d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641d. Claims of nationals of the United States against the

Soviet Union

-STATUTE-

(a) Claims prior to November 16, 1933

The Commission shall receive and determine in accordance with

applicable substantive law, including international law, the

validity and amounts of -

(1) claims of nationals of the United States against a Russian

national originally accruing in favor of a national of the United

States with respect to which a judgment was entered in, or a

warrant of attachment issued from, any court of the United States

or of a State of the United States in favor of a national of the

United States, with which judgment or warrant of attachment a

lien was obtained by a national of the United States, prior to

November 16, 1933, upon any property in the United States which

has been taken, collected, recovered, or liquidated by the

Government of the United States pursuant to the Litvinov

Assignment. Awards under this paragraph shall not exceed the

proceeds of such property as may have been subject to the lien of

the judgment or attachment; nor, in the event that such proceeds

are less than the aggregate amount of all valid claims so related

to the same property, exceed an amount equal to the proportion

which each such claim bears to the total amount of such proceeds;

and

(2) claims, arising prior to November 16, 1933, of nationals of

the United States against the Soviet Government.

(b) Federal and State court judgments

Any judgment entered in any court of the United States or of a

State of the United States shall be binding upon the Commission in

its determination, under paragraph (1) of subsection (a) of this

section, of any issue which was determined by the court in which

the judgment was entered.

(c) Preferences

The Commission shall give preference to the disposition of the

claims referred to in paragraph (1) of subsection (a) of this

section, over all other claims presented to it under this

subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 305, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 572.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1641e, 1641i, 1641l,

1641o of this title.

-End-

-CITE-

22 USC Sec. 1641e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641e. Filing of claims; notice in Federal Register

-STATUTE-

(a) Time period

Within sixty days after August 9, 1955, or within sixty days

after the date of enactment of legislation making appropriations to

the Commission for payment of administrative expenses incurred in

carrying out its functions under paragraph (1), (2), or (3) of

section 1641b of this title, whichever date is later, the

Commission shall publish in the Federal Register the time when and

the limit of time within which claims may be filed under paragraph

(1), (2), or (3) of section 1641b of this title, which limit shall

not be more than one year after such publication, except that with

respect to claims under section 1641d of this title this limit

shall not exceed six months.

(b) Property taken in Bulgaria and Rumania

Within thirty days after July 24, 1968, or the enactment of

legislation making appropriations to the Commission for payment of

administrative expenses incurred in carrying out its functions

under paragraph (4) of section 1641b of this title, whichever is

later, the Commission shall publish in the Federal Register the

time when and the limit of time within which claims may be filed

under paragraph (4) of section 1641b of this title, which limit

shall not be more than six months after such publication.

(c) Property taken in Hungary

Within thirty days after October 20, 1974, or thirty days after

enactment of legislation making appropriations to the Commission

for payment of administrative expenses incurred in carrying out its

functions under paragraph (5) of section 1641b of this title,

whichever date is later, the Commission shall publish in the

Federal Register the time when, and the limit of time within which,

claims may be filed with the Commission under paragraph (5) of

section 1641b of this title, which limit shall not be more than six

months after such publication.

(d) Failure to receive notice on Hungarian claims

Notwithstanding any other provision of this section, any national

of the United States who was mailed notice by any department or

agency of the Government of the United States with respect to

filing a claim against the Government of Hungary arising out of any

of the failures referred to in paragraph (1), (2), or (3) of

section 1641b of this title, and who did not receive the notice as

the result of administrative error in placing a nonexistent address

on the notice, may file with the Commission a claim under any such

paragraph. The Commission shall publish in the Federal Register,

within thirty days after October 20, 1974, when the limit of time

within which any such claim may be filed with the Commission, which

limit shall not be more than six months after such publication.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 306, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 572; amended Pub. L. 90-421, Sec. 1(12),

July 24, 1968, 82 Stat. 423; Pub. L. 93-460, Sec. 1(4), Oct. 20,

1974, 88 Stat. 1386.)

-MISC1-

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-460, Sec. 1(4)(A), substituted

"paragraph (1), (2), or (3) of section 1641b of this title" for

"this subchapter".

Subsecs. (c), (d). Pub. L. 93-460, Sec. 1(4)(B), added subsecs.

(c) and (d).

1968 - Pub. L. 90-421 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1641i, 1641o of this

title.

-End-

-CITE-

22 USC Sec. 1641f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641f. Amount of award

-STATUTE-

The amount of any award made pursuant to this subchapter based on

a claim of a national of the United States other than the national

of the United States to whom the claim originally accrued shall not

exceed the amount of the actual consideration last paid therefor

either prior to January 1, 1953, or between that date and the

filing of the claim, whichever is less.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 307, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 573.)

-End-

-CITE-

22 USC Sec. 1641g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641g. Certification of awards

-STATUTE-

The Commission shall as soon as possible, and in the order of the

making of such awards, certify to the Secretary of the Treasury, in

terms of United States currency, each award made pursuant to this

subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 308, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 573.)

-End-

-CITE-

22 USC Sec. 1641h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641h. Funds for payment of claims

-STATUTE-

All payments authorized under this subchapter shall be disbursed

exclusively from the claims fund attributable to the country with

respect to which the claims are allowed pursuant to this

subchapter. All amounts covered into the Treasury to the credit of

the claims funds created by section 1641a of this title are hereby

permanently appropriated for the making of the payments authorized

under this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 309, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 573.)

-End-

-CITE-

22 USC Sec. 1641i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641i. Payment of awards

-STATUTE-

(a) Manner of payment

The Secretary of the Treasury shall make payments on account of

awards certified by the Commission pursuant to this subchapter as

follows:

(1) Payment in full of the principal amount of each award made

pursuant to section 1641d(a)(1) of this title and each award of

$1,000 or less made pursuant to section 1641b or 1641c of this

title;

(2) Payment in full of the principal amount of each award of

$1,000 or less made pursuant to section 1641d(a)(2) of this

title;

(3) Payment in the amount of $1,000 on account of the principal

of each award of more than $1,000 in amount made pursuant to

section 1641b, 1641c, or 1641d(a)(2) of this title;

(4) After completing the payments under the preceding

paragraphs of this subsection from any one fund, payments from

time to time, in ratable proportions, on account of the then

unpaid principal of all awards in the principal amount of more

than $1,000, according to the proportions which the unpaid

principal of such awards bear to the total amount in the fund

available for distribution on account of such awards at the time

such payments are made;

(5) After payment has been made in full of the principal

amounts of all awards from any one fund, pro rata payments from

the remainder of such fund then available for distribution on

account of accrued interest on such awards as bear interest;

(6) Whenever the Commission is authorized to settle claims by

the enactment of paragraph (4) of section 1641b of this title

with respect to Rumania and Bulgaria, no further payments shall

be authorized by the Secretary of the Treasury on account of

awards certified by the Commission pursuant to paragraph (1),

(2), or (3) of section 1641b of this title of the Bulgarian or

Rumanian Claims Funds, as the case may be, until payments on

account of awards certified pursuant to paragraph (4) of section

1641b of this title with respect to such fund have been

authorized in equal proportion to payments previously authorized

on existing awards certified pursuant to paragraphs (1), (2), and

(3) of section 1641b of this title.

(7)(A) Except as otherwise provided in subparagraph (D),

whenever the Commission is authorized to settle claims by

enactment of paragraph (5) of section 1641b of this title with

respect to Hungary, no further payments shall be authorized by

the Secretary of the Treasury on account of awards certified by

the Commission under paragraphs (2) and (3) of section 1641b of

this title out of the Hungarian Claims Fund until payments on

account of awards certified under paragraph (5) of section 1641b

of this title with respect to such fund have been authorized in

equal proportions to payments previously authorized on existing

awards certified under paragraphs (2) and (3) of section 1641b of

this title.

(B) Except as otherwise provided in subparagraph (D), with

respect to awards previously certified under paragraph (1) of

section 1641b of this title, the Secretary of the Treasury shall

not authorize any further payments until payments on account of

awards certified under paragraphs (2), (3), and (5) of section

1641b of this title have been authorized in equal proportions to

payments previously authorized on existing awards certified under

paragraph (1) of section 1641b of this title.

(C) Except as otherwise provided in subparagraph (D), the

Secretary of the Treasury shall not authorize any further

payments on account of awards certified under paragraph (3) of

section 1641b of this title based on Kingdom of Hungary bonds

expressed in United States dollars or upon awards to Standstill

creditors of Hungary that were the subject matter of the

agreement of December 5, 1969, between the Government of Hungary

and the American Committee for Standstill creditors of Hungary.

(D) No payments shall be authorized by the Secretary of the

Treasury on account of awards certified by the Commission under

paragraph (5) of section 1641b of this title, and no further

payments shall be so authorized under paragraphs (1), (2), or (3)

of section 1641b of this title (except payments certified as the

result of claims filed under subsection (d) of section 1641e of

this title), until payments on account of awards certified under

such paragraphs (1), (2), and (3) as the result of a claims (!1)

filed under subsection (d) of section 1641e of this title have

been authorized in equal proportions to payments previously

authorized on existing awards certified under such paragraphs and

arising out of claims filed other than under such subsection (d).

(E) The Secretary of the Treasury is authorized and directed to

deduct the sum of $125,000 from the Hungarian Claims Fund and

cover such amount into the Treasury to the credit of

miscellaneous receipts in satisfaction of the claim of the United

States referred to in article 2, paragraph 4 of the United

States-Hungarian Claims Agreement of March 6, 1973. Such amount

shall be deducted in annual installments over the period during

which the Government of Hungary makes payments to the Government

of the United States as provided in article 4 of the agreement.

(b) Regulations

Such payments, and applications for such payments, shall be made

in accordance with such regulations as the Secretary of the

Treasury shall prescribe.

(c) "Award" defined

For the purposes of making any such payments, an "award" shall be

deemed to mean the aggregate of all awards certified in favor of

the same claimant and payable from the same fund.

(d) Consolidated award

With respect to any claim which, at the time of the award, is

vested in persons other than the person to whom the claim

originally accrued, the Commission may issue a consolidated award

in favor of all claimants then entitled thereto, which award shall

indicate the respective interests of such claimants therein; and

all such claimants shall participate, in proportion to their

indicated interests, in the payments provided by this section in

all respects as if the award had been in favor of a single person.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 310, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 573; amended Pub. L. 90-421, Sec. 1(13),

July 24, 1968, 82 Stat. 423; Pub. L. 93-460, Sec. 1(5), Oct. 20,

1974, 88 Stat. 1386.)

-MISC1-

AMENDMENTS

1974 - Subsec. (a)(7). Pub. L. 93-460 added par. (7).

1968 - Subsec. (a)(6). Pub. L. 90-421 added par. (6).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1641a, 1641c of this

title; title 50 App. section 2017l.

-FOOTNOTE-

(!1) So in original. Probably should be "claim".

-End-

-CITE-

22 USC Sec. 1641j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641j. Claims by corporations or other legal entities

-STATUTE-

(a) If a corporation or other legal entity has a claim on which

an award may be made under this subchapter, no award may be made to

any other person under this subchapter with respect to such claim.

(b) A claim based upon an interest, direct or indirect, in a

corporation or other legal entity which directly suffered the loss

with respect to which the claim is asserted, but which was not a

national of the United States at the time of the loss, shall be

acted upon without regard to the nationality of such legal entity

if at the time of the loss at least 25 per centum of the

outstanding capital stock or other beneficial interest in such

entity was owned, directly or indirectly, by natural persons who

were nationals of the United States. This subsection shall not be

construed so as to exclude from eligibility a claim based upon a

direct ownership interest in a corporation, association, or other

entity, or the property thereof, for loss by reason of the

nationalization, compulsory liquidation, or other taking of such

corporation, association, or other entity by the Governments of

Bulgaria, Hungary, Italy, Rumania, or the Soviet Government. Any

such claim may be allowed without regard to the per centum of

ownership vested in the claimant.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 311, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 573; amended Pub. L. 85-604, Sec. 3(a),

Aug. 8, 1958, 72 Stat. 531.)

-MISC1-

AMENDMENTS

1958 - Subsec. (b). Pub. L. 85-604 provided that it shall not be

construed so as to exclude from eligibility a claim based upon a

direct ownership interest in a corporation, association, or other

entity, or the property thereof, for loss by reason of the

nationalization, compulsory liquidation, or other taking, and

permitted allowance of such claim without regard to the per centum

of ownership vested in the claimant.

RECONSIDERATION OF CLAIMS

Section 3(b) of Pub. L. 85-604 provided that: "Any claim

heretofore denied under subsection (b) of section 311 of the

International Claims Settlement Act of 1949, as amended [subsec.

(b) of this section], prior to the date of enactment of this

section [Aug. 8, 1958], shall be reconsidered by the Foreign Claims

Settlement Commission solely to redetermine its validity and amount

by reason of the amendments made by this section [amending subsec.

(b) of this section]."

-End-

-CITE-

22 USC Sec. 1641k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641k. Prohibition against payment of award to collaborators

or disloyal persons

-STATUTE-

No award shall be made under this subchapter to or for the

benefit of any person who voluntarily, knowingly, and without

duress, gave aid to or collaborated with or in any manner served

any government hostile to the United States during World War II, or

who has been convicted of a violation of any provision of chapter

115, of title 18, or of any other crime involving disloyalty to the

United States.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 312, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 574.)

-End-

-CITE-

22 USC Sec. 1641l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641g742l. Unpaid balance of claim; claims of United States

unaffected

-STATUTE-

Payment of any award made pursuant to section 1641b or 1641d of

this title shall not, unless such payment is for the full amount of

the claim, as determined by the Commission to be valid, with

respect to which the award is made, extinguish such claim, or be

construed to have divested any claimant, or the United States on

his behalf, of any rights against the appropriate foreign

government or national for the unpaid balance of his claim or for

restitution of his property. All awards or payments made pursuant

to this subchapter shall be without prejudice to the claims of the

United States against any foreign government.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 313, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 574.)

-End-

-CITE-

22 USC Sec. 1641m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641m. Finality of action of Commission

-STATUTE-

The action of the Commission in allowing or denying any claim

under this subchapter shall be final and conclusive on all

questions of law and fact and not subject to review by any other

official of the United States or by any court by mandamus or

otherwise, and the Comptroller General shall allow credit in the

accounts of any certifying or disbursing officer for payments in

accordance with such action.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 314, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 574.)

-End-

-CITE-

22 USC Sec. 1641n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641n. Appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to enable the Commission and the Treasury Department to

pay their administrative expenses incurred in carrying out their

functions under this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 315, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 574.)

-End-

-CITE-

22 USC Sec. 1641o 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641g742o. Time limitation on completion of affairs of

Commission

-STATUTE-

(a) Claims against Russian nationals

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to section 1641d(a)(1) of this title

not later than two years, and all other claims pursuant to this

subchapter not later than four years, following August 9, 1955, or

following the date of enactment of legislation making

appropriations to the Commission for the payment of administrative

expenses incurred in carrying out its functions under this

subchapter, whichever date is later.

(b) Property taken in Bulgaria and Rumania; claims against Italy

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to paragraph (4) of section 1641b of

this title and subsections (b) and (c) of section 1641c of this

title not later than two years following July 24, 1968, or

following the enactment of legislation making appropriations to the

Commission for payment of administrative expenses incurred in

carrying out its functions under paragraph (4) of section 1641b of

this title and subsections (b) and (c) of section 1641c of this

title, whichever is later.

(c) Property taken in Hungary

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to paragraph (5) of section 1641b of

this title not later than two years following the deadline

established under subsection (c) of section 1641e of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 316, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 574; amended Pub. L. 90-421, Sec. 1(14),

July 24, 1968, 82 Stat. 423; Pub. L. 93-460, Sec. 1(6), Oct. 20,

1974, 88 Stat. 1387.)

-MISC1-

AMENDMENTS

1974 - Subsec. (c). Pub. L. 93-460 added subsec. (c).

1968 - Pub. L. 90-421 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1641c of this title.

-End-

-CITE-

22 USC Sec. 1641p 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641p. Fees of agents, attorneys, or representatives

-STATUTE-

(a) Maximum remuneration; penalty for violation

The total remuneration paid to all agents, attorneys-at-law or in

fact, or representatives, for services rendered on behalf of any

claimant in connection with any claim filed with the Commission

shall not exceed 10 per centum of the total amount paid under this

subchapter on account of such claim, or such greater amount as may

be determined pursuant to subsection (b) of this section. Any

agreement to the contrary shall be unlawful and void. Whoever, in

the United States or elsewhere, demands or receives, on account of

services so rendered, any remuneration which, together with all

remuneration paid to other persons on account of such services and

of which he has notice, is in excess of the maximum permitted by

this section, shall be fined not more than $5,000 or imprisoned not

more than twelve months, or both.

(b) Petition for payment in excess of maximum; determination by

Commission not subject to review

Not later than three months after the Commission has completed

its affairs in connection with the settlement of all claims payable

from the fund from which an award is payable, any agent,

attorney-at-law or in fact, or representative who believes that the

total remuneration for services rendered in connection with the

claim upon which such award is made should exceed the maximum

otherwise permitted by this section may, pursuant to such procedure

as the Commission shall prescribe by regulation, petition the

Commission for an order authorizing the payment of remuneration in

excess of such maximum. The Commission shall issue such an order

only upon a finding that there exist special circumstances of

unusual hardship which require the payment of such excess; and such

order shall state the amount of the excess which may so be paid.

The determination of the Commission in ruling upon such petition

shall be within the sole discretion of the Commission and shall not

be subject to review by any court.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 317, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 574.)

-End-

-CITE-

22 USC Sec. 1641q 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,

AND THE SOVIET UNION

-HEAD-

Sec. 1641q. Applicability of administrative provisions of

subchapter I

-STATUTE-

The following provisions of subchapter I of this chapter shall be

applicable to this subchapter: Subsections (b), (c), (d), (e), (h),

and (j) of section 1623 of this title; and subsections (c), (d),

(e), and (f) of section 1626 of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title III, Sec. 318, as added Aug. 9, 1955,

ch. 645, Sec. 3, 69 Stat. 575.)

-End-

-CITE-

22 USC SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-MISC1-

CZECHOSLOVAKIAN CLAIMS SETTLEMENT ACT OF 1981

Pub. L. 97-127, Dec. 29, 1981, 95 Stat. 1675, provided:

"SHORT TITLE

"Section 1. This Act may be cited as the 'Czechoslovakian Claims

Settlement Act of 1981'.

"APPROVAL OF AGREEMENT

"Sec. 2. (a) The Congress hereby approves the Agreement between

the Government of the United States of America and the Government

of the Czechoslovak Socialist Republic on the Settlement of Certain

Outstanding Claims and Financial Issues, initialed at Prague,

Czechoslovakia on November 6, 1981.

"(b) The President may, without further approval by the Congress,

execute such technical revisions of the Agreement approved by

subsection (a) of this section as in his judgment may from time to

time be required to facilitate the implementation of that

Agreement. Nothing in this subsection shall be construed to

authorize any revision of that Agreement to reduce any amount to be

paid by the Government of the Czechoslovak Socialist Republic to

the United States Government under the Agreement, or to defer the

payment of any such amount.

"DEFINITIONS

"Sec. 3. For the purposes of this Act -

"(1) 'Agreement' means the Agreement on the Settlement of

Certain Outstanding Claims and Financial Issues approved by

section 2(a) of this Act;

"(2) 'national of the United States' has the meaning given such

term by section 401(1) of the International Claims Settlement Act

of 1949 [22 U.S.C. 1642(1)];

"(3) 'Commission' means the Foreign Claims Settlement

Commission of the United States;

"(4) 'Fund' means the Czechoslovakian Claims Fund established

by section 402(b) of the International Claims Settlement Act of

1949 [22 U.S.C. 1642a(b)];

"(5) 'Secretary' means the Secretary of the Treasury; and

"(6) 'property' means any property, right, or interest.

"THE FUND

"Sec. 4. (a) The Secretary shall cover into the Fund the amount

paid by the Government of the Czechoslovak Socialist Republic in

settlement and discharge of claims of nationals of the United

States pursuant to article 1(1) of the Agreement, and shall deduct

from that amount $50,000 for reimbursement to the United States

Government for expenses incurred by the Department of the Treasury

and the Commission in the administration of this Act and title IV

of the International Claims Settlement Act of 1949 [this

subchapter]. The amount so deducted shall be covered into the

Treasury to the credit of miscellaneous receipts. The deduction

required by this subsection shall be made in lieu of the deduction

provided in section 402(e) of the International Claims Settlement

Act of 1949 [22 U.S.C. 1642a(e)]; however, it is the sense of the

Congress that the United States Government is entitled to a larger

percentage of the total award (generally presumed to be 5 percent)

and that the ex gratia payment hereinafter provided to certain

claimants, who were otherwise excluded from sharing in this claims

settlement under generally-accepted principles of international law

and United States practice, is justified only by the extraordinary

circumstances of this case and does not establish any precedent for

future claims negotiations or payments.

"(b) The Secretary shall establish three accounts in the Fund

into which the amount covered into the Fund pursuant to subsection

(a) of this section, less the deduction required by that

subsection, shall be covered as follows:

"(1) An account into which $74,550,000 shall be covered, to be

available for payment in accordance with section 8 of this Act on

account of awards certified pursuant to section 410 of the

International Claims Settlement Act of 1949 [22 U.S.C. 1642i].

"(2) An account into which $1,500,000 shall be covered, to be

available for payment in accordance with section 8 of this Act on

account of awards determined pursuant to section 5 of this Act.

"(3) An account into which the remainder of amounts in the Fund

shall be covered, to be available for payment in accordance with

section 8 of this Act on account of awards determined pursuant to

section 6 of this Act.

"DETERMINATION OF CERTAIN CLAIMS

"Sec. 5. (a) The Commission shall receive and determine, in

accordance with applicable substantive law, including international

law, the validity and amount of claims by nationals of the United

States against the Government of the Czechoslovak Socialist

Republic for losses resulting from the nationalization or other

taking of property owned at the time by nationals of the United

States, which nationalization or other taking occurred between

August 8, 1958, and the date on which the Agreement enters into

force. In making the determination with respect to the validity and

amount of any such claim and the value of the property taken, the

Commission is authorized to accept the fair or proved value of such

property as of the time when the property taken was last operated,

used, managed, or controlled by the national or nationals of the

United States asserting the claim, regardless of whether such time

is prior to the actual date of nationalization or other taking by

the Government of the Czechoslovak Socialist Republic.

"(b) The Commission shall certify to the Secretary the amount of

any award determined pursuant to subsection (a).

"DETERMINATION OF OTHER CLAIMS

"Sec. 6. (a)(1) The Congress finds that -

"(A) in the case of certain persons holding claims against the

Czechoslovakian Government who became nationals of the United

States by February 26, 1948, the date on which the current

Communist Government of Czechoslovakia assumed power; and

"(B) while the Commission had the authority to deny those

claims described in subparagraph (A) on the basis that the

properties involved had been taken by the Benes Government while

the claimants were not yet nationals of the United States, the

effect of that denial is to withhold compensation to persons who

have been United States citizens for many years and whose

expropriated property has benefited the Communist Government of

Czechoslovakia no less than properties expropriated more directly

and clearly by the Communist Government.

"(2)(A) It is therefore the purpose of this section, in

accordance with the intent of the Congress in enacting title IV of

the International Claims Settlement Act of 1949 [this subchapter]

and in the interests of equity, to make ex gratia payments to the

claimants described in paragraph (1) of this subsection.

"(B) The Congress reaffirms the principle and practice of the

United States to seek compensation from foreign governments on

behalf only of persons who were nationals of the United States at

the time they sustained losses by the nationalization or other

taking of their property by those foreign governments. In making

payments under this section, the Congress does not establish any

precedent for future claims payments.

"(b) The Commission shall reopen and redetermine the validity and

amount of any claim against the Government of Czechoslovakia which

was filed with the Commission in accordance with the provisions of

title IV of the International Claims Settlement Act of 1949 [this

subchapter], which was based on property found by the Commission to

have been nationalized or taken by the Government of Czechoslovakia

on or after January 1, 1945, and before February 26, 1948, and

which was denied by the Commission because such property was not

owned by a person who was a national of the United States on the

date of such nationalization or taking. The provisions of section

405 of the International Claims Settlement Act of 1949 [22 U.S.C.

1642d] requiring that the property upon which a claim is based must

have been owned by a national of the United States on the date of

nationalization or other taking by the Government of Czechoslovakia

shall be deemed to be met if such property was owned on such date

by a person who became a national of the United States on or before

February 26, 1948. The Commission shall certify to the Secretary

the amount of any award determined pursuant to this subsection.

"PROCEDURES

"Sec. 7. (a) The provisions of sections 401, 403, 405, 406, 407,

408, 409, 414, 415, and 416 of the International Claims Settlement

Act of 1949 [22 U.S.C. 1642, 1642b, 1642d, 1642e, 1642f, 1642g,

1642h, 1642m, 1642n, and 1642o, respectively], to the extent that

such provisions are not inconsistent with this Act, together with

such regulations as the Commission may prescribe, shall apply with

respect to any claim determined pursuant to section 5(a) of this

Act or redetermined pursuant to section 6(b) of this Act.

"(b) Not later than sixty days after the date of the enactment of

this Act [Dec. 29, 1981], the Commission shall establish and

publish in the Federal Register a period of time within which

claims described in section 5 of the Act must be filed with the

Commission, and the date for the completion of the Commission's

affairs in connection with the determination of those such claims

and claims described in section 6 of this Act. Such filing period

shall be not more than one year after the date of such publication

in the Federal Register, and such completion date shall be not more

than two years after the final date for the filing of claims under

section 5. No person holding a claim to which section 6 of this Act

applies shall be required to refile that claim before the

Commission makes the redetermination required by that section.

"PAYMENT OF AWARDS

"Sec. 8. (a) As soon as practicable after the date of the

enactment of this Act [Dec. 29, 1981], the Secretary shall make

payments from amounts in the account established pursuant to

section 4(b)(1) of this Act on the unpaid balance of each award

certified by the Commission pursuant to section 410 of the

International Claims Settlement Act of 1949 [22 U.S.C. 1642i].

"(b) As soon as practicable after the Commission has completed

the certification of awards pursuant to section 5(b) of this Act,

the Secretary shall make payments on account of each such award

from the amounts in the account established pursuant to section

4(b)(2) of this Act.

"(c) As soon as practicable after the Commission has completed

the certification of awards pursuant to section 6(b) of this Act,

the Secretary shall make payments on account of each such award

from the amounts in the account established pursuant to section

4(b)(3) of this Act.

"(d) In the event that -

"(1) the amounts in the account established pursuant to section

4(b)(2) of this Act exceed the aggregate total of all awards

certified by the Commission pursuant to section 5(b) of this Act,

or

"(2) the amounts in the account established pursuant to section

4(b)(3) of this Act exceed the aggregate total of all awards

certified by the Commission pursuant to section 6(b) of this Act,

the Secretary shall cover such excess amounts into the account

established pursuant to section 4(b)(1) of this Act. The Secretary

shall make payments pursuant to subsection (a) of this section,

from such excess amounts, on the unpaid balance of awards certified

by the Commission pursuant to section 410 of the International

Claims Settlement Act of 1949 [22 U.S.C. 1642i].

"(e) Payments under this section shall be made on the unpaid

balance of each award which bear to such unpaid balance the same

proportion as the total amount in the account in the Fund from

which the payments are made bears to the aggregate unpaid balance

of all awards payable from that account. Payments under this

section, and applications for such payments, shall be made in

accordance with such regulations as the Secretary may prescribe.

"(f) In the event that -

"(1) the Secretary is unable, within three years after the date

of the establishment of the account prescribed by section 4(b)(1)

of this Act, to locate any person entitled to receive payment

under this section on account of an award certified by the

Commission pursuant to section 410 of the International Claims

Settlement Act of 1949 [22 U.S.C. 1642i] or to locate any lawful

heirs, successors, or legal representatives of that person, or if

no valid application for payment is made by or on behalf of that

person within six months after the Secretary has located that

person or that person's heirs, successors, or legal

representatives; or

"(2) within six months after the Commission has completed the

certification of awards pursuant to sections 5(b) and 6(b) of

this Act, no valid application for payment is made by or on

behalf of any person entitled to receive payment under this

section on account of an award certified by the Commission

pursuant to either such section,

the Secretary shall give notice by publication in the Federal

Register and in such other publications as the Secretary may

determine that, unless valid application for payment is made within

sixty days after the date of such publication, that person's award

under title IV of the International Claims Settlement Act of 1949

[this subchapter] or this Act, as the case may be, and that

person's right to receive payment on account of such award, shall

lapse. Upon the expiration of such sixty-day period that person's

award and right to receive payment shall lapse, and the amounts

payable to that person shall be paid pro rata by the Secretary on

account of all other awards under title IV of the International

Claims Settlement Act of 1949 [this subchapter] or this Act, as the

case may be.

"INVESTMENT OF FUNDS

"Sec. 9. The Secretary shall invest and hold in separate accounts

the amounts held respectively in the accounts established by

section 4 of this Act. Such investment shall be in public debt

securities with maturities suitable for the needs of the separate

accounts and bearing interest at rates determined by the Secretary,

taking into consideration the average market yield on outstanding

marketable obligations of the United States of comparable

maturities. The interest earned on the amounts in each account

established by section 4 of this Act shall be used to make

payments, in accordance with section 8(e) of this Act, on awards

payable from that account.

"IMPLEMENTATION OF AGREEMENT

"Sec. 10. (a) If, within sixty days after the date of the

enactment of this Act [Dec. 29, 1981] -

"(1) the Government of the Czechoslovak Socialist Republic does

not make the payments to the United States Government described

in article 6(2) of the Agreement, or

"(2) the Czechoslovak Government does not receive the gold

provided in article 6(1) of the Agreement,

the provisions of this Act shall cease to be effective, and the

provisions of the Agreement may not be implemented unless the

Congress approves the Agreement after the end of that sixty-day

period.

"(b) The sixty-day period for implementation of the Agreement

required by subsection (a) shall be extended by an additional

period of thirty calendar days if, before the expiration of that

sixty-day period, the Secretary of State certifies in writing that

such extension is consistent with the purposes of this Act and

reports that certification to the Speaker of the House of

Representatives and to the Chairman of the Committee on Foreign

Relations of the Senate, together with a detailed statement of the

reasons for the extension. If at the end of that additional

thirty-day period the events set forth in paragraphs (1) and (2) of

subsection (a) have not occurred, the provisions of this Act shall

cease to be effective and the provisions of the Agreement may not

be implemented unless the Congress approves the Agreement after the

end of that thirty-day period or unless the Congress, before the

expiration of that thirty-day period, authorizes by joint

resolution a further extension of time for implementation of the

Agreement. Such joint resolution shall be considered in the Senate

in accordance with the provisions of section 601(b) of the

International Security Assistance and Arms Export Control Act of

1976 [Pub. L. 94-329, title VI, Sec. 601(b), June 30, 1976, 90

Stat. 765], and in the House of Representatives a motion to proceed

to the consideration of such joint resolution after it has been

reported by the appropriate committee shall be treated as highly

privileged.

"SOCIAL SECURITY AGREEMENT

"Sec. 11. The Secretary of State shall conduct a detailed review

of the exchange of letters between the United States and

Czechoslovakia providing for reciprocal social security payments to

residents of the two countries. Such review should include an

examination of the extent to which Czechoslovakia is complying with

the spirit and provisions of the letters, a comparison of the

benefits being realized by residents of Czechoslovakia and of the

United States under the letters, and an evaluation of the basis of

differences in such benefits. The Secretary of State, in

consultation with the Department of Health and Human Services,

shall report to the Congress, not later than six months after the

date of the enactment of this Act [Dec. 29, 1981], the results of

such review, together with any recommendations for legislation or

changes in the agreement made by the letters that may be necessary

to achieve greater comparability and equity of benefits for the

residents of the two countries. Such report should include specific

assessments of the feasibility, likely effects, and advisability of

terminating United States social security payments to residents of

Czechoslovakia in response to inequities and incomparabilities of

benefits payments under the exchange of letters."

-End-

-CITE-

22 USC Sec. 1642 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642. Definitions

-STATUTE-

As used in this subchapter -

(1) "National of the United States" means (A) a natural person

who is a citizen of the United States, or who owes permanent

allegiance to the United States, and (B) a corporation or other

legal entity which is organized under the laws of the United

States, any State or Territory thereof, or the District of

Columbia, if natural persons who are nationals of the United States

own, directly or indirectly, more than 50 per centum of the

outstanding capital stock or other beneficial interest in such

legal entity. It does not include aliens. (2) "Commission" means

the Foreign Claims Settlement Commission of the United States,

established, pursuant to Reorganization Plan Number 1 of 1954 (68

Stat. 1279). (3) "Property" means any property, right, or interest.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 401, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 527.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Number 1 of 1954 (68 Stat. 1279), referred to

in text, is Reorg. Plan No. 1 of 1954, eff. July 1, 1954, 19 F.R.

3985, 68 Stat. 1279, which is set out as a note under section 1622

of this title.

-MISC1-

SEPARABILITY

Section 4 of Pub. L. 85-604 provided that: "If any provision of

this Act [enacting this subchapter and amending sections 1641c and

1641j of this title], or the application thereof to any person or

circumstances, shall be held invalid, the remainder of the Act, or

the application of such provision to other persons or

circumstances, shall not be affected."

TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED

STATES AS SEPARATE AGENCY WITHIN DEPARTMENT OF JUSTICE

For provisions transferring Foreign Claims Settlement Commission

of the United States as a separate agency within the Department of

Justice, see section 1622a et seq. of this title.

-End-

-CITE-

22 USC Sec. 1642a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642a. Financial provisions

-STATUTE-

(a) Deposit of proceeds of certain property

The Secretary of the Treasury is directed to hold, in an account

in the Treasury of the United States, the net proceeds of the sale

of certain Czechoslovakian steel mill equipment heretofore blocked

and sold in the United States by order of the Secretary of the

Treasury under authority of Executive Order Numbered 9193, dated

July 6, 1942 (7 F.R. 5205, July 9, 1942).

(b) Creation of Czechoslovakian Claims Fund

There is created in the Treasury of the United States a fund to

be designated the Czechoslovakian Claims Fund, for the payment of

unsatisfied claims of nationals of the United States against

Czechoslovakia as authorized in this subchapter.

(c) Voluntary settlement and payment of claims of nationals of the

United States

If, within one year following August 8, 1958, the Government of

Czechoslovakia voluntarily settles with and pays to the Government

of the United States a sum in payment of claims of United States

nationals against Czechoslovakia, all moneys held pursuant to

subsection (a) of this section shall be disposed of in accordance

with the terms of the settlement agreement with Czechoslovakia and

applicable provisions of this subchapter and the sum paid by

Czechoslovakia shall be covered into the Czechoslovakian Claims

Fund.

(d) Deposit of net proceeds into Fund

Upon the expiration of one year after August 8, 1958 if no

settlement with Czechoslovakia of the type specified in subsection

(c) of this section has occurred, all moneys held pursuant to

subsection (a) of this section except amounts held in reserve

pursuant to section 1642b of this title, shall be covered into the

Czechoslovakian Claims Fund.

(e) Deductions for expenses

The Secretary of the Treasury shall deduct from the

Czechoslovakian Claims Fund 5 per centum thereof as reimbursement

to the Government of the United States for the expenses incurred by

the Commission and by the Treasury Department in the administration

of this subchapter. The amount so deducted shall be covered into

the Treasury to the credit of miscellaneous receipts.

(f) Disposition of balance of Fund

After the deduction for administrative expenses pursuant to

subsection (e) of this section, and after payment of awards

certified pursuant to section 1642i of this title, the balance

remaining in the Fund, if any, shall be paid to Czechoslovakia in

accordance with instructions to be provided by the Secretary of

State.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 402, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 527.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order Numbered 9193, dated July 6, 1942 (7 F.R. 5205,

July 9, 1942), referred to in subsec. (a), is Ex. Ord. No. 9193,

July 6, 1942, 7 F.R. 5205, which amended Ex. Ord. No. 9095,

formerly set out under section 6 of Title 50, Appendix, War and

National Defense, which was revoked by Ex. Ord. No. 12553, Feb. 25,

1986, 51 F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1642b of this title.

-End-

-CITE-

22 USC Sec. 1642b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642b. Claims against United States; jurisdiction; limitation;

preference; reserve fund

-STATUTE-

No judicial relief or remedy shall be available to any person

asserting a claim against the United States or any officer or agent

thereof with respect to any action taken under this subchapter, or

any other claim for or on account of the property or proceeds

described in section 1642a of this title, or for any other action

taken with respect thereto except to the extent that the action

complained of constitutes a taking of private property without just

compensation, and to such extent the sole judicial relief and

remedy available shall be an action brought against the United

States in the United States Court of Federal Claims which action

must be brought within one year of August 8, 1958, or it shall be

forever barred; and any action so brought shall receive a

preference over all actions which themselves are not given

preference by statute. No other court shall have original

jurisdiction to consider any such claim by mandamus or otherwise.

If any action is brought pursuant to this section the Secretary of

the Treasury shall set aside an appropriate reserve in the account

containing the moneys held pursuant to subsection (a) of section

1642a of this title. Such reserve shall be retained pending a final

determination of all issues raised in the action and recovery in

any such action shall be limited to and paid out of the moneys so

reserved. After a final determination of all issues raised in the

action and payment of any judgment against the United States

entered pursuant thereto, any balance no longer required to be held

in reserve shall be disposed of in accordance with the provisions

of subsection (d) of section 1642a of this title. Nothing in this

section shall be construed to create (1) any liability against the

United States for any action taken pursuant to section 1642c of

this title, (2) any liability against the United States in favor of

the Government of Czechoslovakia, any agency or instrumentality

thereof or any person who is an assignee or successor in interest

thereto, or (3) any other liability against the United States.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 403, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 528; amended Pub. L. 97-164,

title I, Sec. 161(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102-572,

title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "Claims Court" for "Court of

Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1642a of this title.

-End-

-CITE-

22 USC Sec. 1642c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642c. Determination of validity and amount of claims

-STATUTE-

The Commission shall determine in accordance with applicable

substantive law, including international law, the validity and

amount of claims by nationals of the United States against the

Government of Czechoslovakia for losses resulting from the

nationalization or other taking on and after January 1, 1945, of

property including any rights or interests therein owned at the

time by nationals of the United States, subject, however, to the

terms and conditions of an applicable claims agreement, if any,

concluded between the Governments of Czechoslovakia and the United

States within one year following August 8, 1958. In making the

determination with respect to the validity and amount of claims and

value of properties, rights, or interests taken, the Commission is

authorized to accept the fair or proved value of the said property,

right, or interest as of a time when the property or business

enterprise taken, was last operated, used, managed or controlled by

the national or nationals of the United States asserting the claim

irrespective of whether such date is prior to the actual date of

nationalization or taking by the Government of Czechoslovakia.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 404, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 528.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1642b, 1642d, 1642e,

1642g, 1642h of this title.

-End-

-CITE-

22 USC Sec. 1642d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642d. Nationality requirements

-STATUTE-

A claim under section 1642c of this title shall not be allowed

unless the property upon which the claim is based was owned by a

national of the United States on the date of nationalization or

other taking thereof and unless the claim has been held by a

national of the United States continuously thereafter until the

date of filing with the Commission.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 405, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 528.)

-End-

-CITE-

22 USC Sec. 1642e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642e. Claims based on ownership interest in corporations or

other legal entities

-STATUTE-

(a) Nationals of United States

A claim under section 1642c of this title, based upon an

ownership interest in any corporation, association, or other entity

which is a national of the United States shall be denied.

(b) Direct ownership

A claim under section 1642c of this title, based upon a direct

ownership interest in a corporation, association, or other entity

for loss by reason of the nationalization or other taking of such

corporation, association, or other entity, or the property thereof,

shall be allowed, subject to other provisions of this subchapter,

if such corporation, association, or other entity on the date of

the nationalization or other taking was not a national of the

United States, without regard to the per centum of ownership vested

in the claimant in any such claim.

(c) Indirect ownership

A claim under section 1642c of this title, based upon an indirect

ownership interest in a corporation, association, or other entity

for loss by reason of the nationalization or other taking of such

corporation, association, or other entity, or the property thereof,

shall be allowed, subject to other provisions of this subchapter,

only if at least 25 per centum of the entire ownership interest

thereof at the time of such nationalization or other taking was

vested in nationals of the United States.

(d) Computation of award

Any award on a claim under subsection (b) or (c) of this section

shall be calculated on the basis of the total loss suffered by such

corporation, association, or other entity, and shall bear the same

proportion to such loss as the ownership interest of the claimant

bears to the entire ownership interest thereof.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 406, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 529.)

-End-

-CITE-

22 USC Sec. 1642f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642f. Prevention of double benefits

-STATUTE-

In determining the amount of any award by the Commission there

shall be deducted all amounts the claimant has received from any

source on account of the same loss or losses with respect to which

such award is made.

-SOURCE-

(Mar. 10, 1950, ch. 54, title, IV, Sec. 407, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 529.)

-End-

-CITE-

22 USC Sec. 1642g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642g. Consolidated awards

-STATUTE-

With respect to any claim under section 1642c of this title

which, at the time of the award, is vested in persons other than

the person by whom the loss was sustained, the Commission may issue

a consolidated award in favor of all claimants then entitled

thereto, which award shall indicate the respective interests of

such claimants therein, and all such claimants shall participate,

in proportion to their indicated interests, in the payments

authorized by this subchapter in all respects as if the award had

been in favor of a single person.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 408, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 529.)

-End-

-CITE-

22 USC Sec. 1642h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642h. Prohibition against payment of award to certain persons

-STATUTE-

No award shall be made on any claim under section 1642c of this

title to or for the benefit of (1) any person who has been

convicted of a violation of any provision of chapter 115 of title

18, or of any other crime involving disloyalty to the United

States, or (2) any claimant whose claim under this subchapter is

within the scope of subchapter III of this chapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 409, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 529.)

-End-

-CITE-

22 USC Sec. 1642i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642i. Certification of awards

-STATUTE-

The Commission shall certify to the Secretary of the Treasury, in

terms of United States currency, each award made pursuant to this

subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 410, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 529.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1642a of this title.

-End-

-CITE-

22 USC Sec. 1642j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642j. Time for filing of claims; notice

-STATUTE-

Within sixty days after August 8, 1958, or of legislation making

appropriations to the Commission for payment of administrative

expenses incurred in carrying out its functions under this

subchapter, whichever date is later, the Commission shall give

public notice by publication in the Federal Register of the time

when, and the limit of time within which claims may be filed, which

limit shall not be more than twelve months after such publication.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 411, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 529.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1642k of this title.

-End-

-CITE-

22 USC Sec. 1642k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642k. Time limitation on completion of affairs of Commission

-STATUTE-

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to this subchapter not later than

three years following the final date for the filing of claims as

provided in section 1642j of this title or following the enactment

of legislation making appropriations to the Commission for payment

of administrative expenses incurred in carrying out its functions

under this subchapter, whichever date is later.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 412, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 529.)

-End-

-CITE-

22 USC Sec. 1642l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642g742l. Payment of awards

-STATUTE-

(a) Manner of payment

The Secretary of the Treasury is authorized and directed, out of

the sums covered into the Czechoslovakian Claims Fund, to make

payments on account of awards certified by the Commission pursuant

to this subchapter as follows and in the following order of

priority:

(1) Payment in the amount of $1,000 or in the amount of the

award, whichever is less.

(2) Thereafter, payments from time to time on account of the

unpaid balance of each remaining award made pursuant to this

subchapter which shall bear to such unpaid balance the same

proportion as the total amount in the fund available for

distribution at the time such payments are made bears to the

aggregate unpaid balance of all such awards.

(b) Regulations

Such payments, and applications for such payments, shall be made

in accordance with such regulations as the Secretary of the

Treasury shall prescribe.

(c) "Award" defined

For the purpose of making any such payments, an "award" shall be

deemed to mean the aggregate of all awards certified in favor of

the same claimant.

(d) Payment of interest of deceased persons or persons under legal

disability

If any person to whom any payment is to be made pursuant to this

subchapter is deceased or is under a legal disability, payment

shall be made to his legal representative, except that if any

payment to be made is not over $1,000 and there is no qualified

executor or administrator, payment may be made to the person or

persons found by the Comptroller General to be entitled thereto,

without the necessity of compliance with the requirements of law

with respect to the administration of estates.

(e) Partial payments

Subject to the provisions of any claims agreement hereafter

concluded between the Governments of Czechoslovakia and the United

States, payment of any award pursuant to this subchapter shall not,

unless such payment is for the full amount of the claim, as

determined by the Commission to be valid, with respect to which the

award is made, extinguish such claim, or be construed to have

divested any claimant, or the United States on his behalf, of any

rights against any foreign government for the unpaid balance of his

claim.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 413, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 530.)

-End-

-CITE-

22 USC Sec. 1642m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642m. Fees of attorneys; limitation; penalty

-STATUTE-

No remuneration on account of services rendered on behalf of any

claimant in connection with any claim filed with the Commission

under this subchapter shall exceed 10 per centum of the total

amount paid pursuant to any award certified under the provisions of

this subchapter on account of such claim. Any agreement to the

contrary shall be unlawful and void. Whoever, in the United States

or elsewhere, demands or receives, on account of services so

rendered, any remuneration in excess of the maximum permitted by

this section, shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be fined not more than $5,000 or

imprisoned not more than twelve months, or both.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 414, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 530.)

-End-

-CITE-

22 USC Sec. 1642n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642n. Transfer of records

-STATUTE-

The Secretary of State is authorized and directed to transfer or

otherwise make available to the Commission such records and

documents relating to claims authorized by this subchapter as may

be required by the Commission in carrying out its functions under

this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 415, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 530.)

-End-

-CITE-

22 USC Sec. 1642o 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642g742o. Applicability of administrative provisions of

subchapter I

-STATUTE-

To the extent they are not inconsistent with the provisions of

this subchapter, the following provisions of subchapter I of this

chapter shall be applicable to this subchapter: Subsections (b),

(c), (d), (e), (h), and (j) of section 1623 of this title;

subsections (c), (d), (e), and (f) of section 1626 of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 416, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 530.)

-End-

-CITE-

22 USC Sec. 1642p 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-

Sec. 1642p. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to enable the Commission and the Treasury Department to

pay their administrative expenses incurred in carrying out their

functions under this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title IV, Sec. 417, as added Pub. L.

85-604, Sec. 1, Aug. 8, 1958, 72 Stat. 530.)

-End-

-CITE-

22 USC SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1627, 6023, 6082, 6083

of this title.

-End-

-CITE-

22 USC Sec. 1643 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643. Congressional declaration of purpose

-STATUTE-

It is the purpose of this subchapter to provide for the

determination of the amount and validity of claims against the

Government of Cuba, or the Chinese Communist regime, which have

arisen since January 1, 1959, in the case of claims against the

Government of Cuba, or since October 1, 1949, in the case of claims

against the Chinese Communist regime, out of nationalization,

expropriation, intervention, or other takings of, or special

measures directed against, property of nationals of the United

States, and claims for disability or death of nationals of the

United States arising out of violations of international law by the

Government of Cuba, or the Chinese Communist regime, in order to

obtain information concerning the total amount of such claims

against the Government of Cuba, or the Chinese Communist regime, on

behalf of nationals of the United States. This subchapter shall not

be construed as authorizing an appropriation or as any intention to

authorize an appropriation for the purpose of paying such claims.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 501, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89-262, Sec. 1, Oct.

19, 1965, 79 Stat. 988; Pub. L. 89-780, Sec. 1, Nov. 6, 1966, 80

Stat. 1365.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-780 provided for applicability of section to

the Chinese Communist regime in the case of claims which have

arisen since October 1, 1949.

1965 - Pub. L. 89-262 struck out "which have arisen out of debts

for merchandise furnished or services rendered by nationals of the

United States without regard to the date on which such merchandise

was furnished or services were rendered or" after "Government of

Cuba" in first sentence.

SEPARABILITY

Section 513 of act Mar. 10, 1950, as added by Pub. L. 88-666,

provided that: "If any provision of this Act [enacting this

subchapter], or the application thereof to any person or

circumstances, shall be held invalid, the remainder of the Act, or

the application of such provision to other persons or

circumstances, shall not be affected."

-End-

-CITE-

22 USC Sec. 1643a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643a. Definitions

-STATUTE-

For the purposes of this subchapter:

(1) The term "national of the United States" means (A) a natural

person who is a citizen of the United States, or (B) a corporation

or other legal entity which is organized under the laws of the

United States, or of any State, the District of Columbia, or the

Commonwealth of Puerto Rico, if natural persons who are citizens of

the United States own, directly or indirectly, 50 per centum or

more of the outstanding capital stock or other beneficial interest

of such corporation or entity. The term does not include aliens.

(2) The term "Commission" means the Foreign Claims Settlement

Commission of the United States.

(3) The term "property" means any property, right, or interest,

including any leasehold interest, and debts owed by the Government

of Cuba or the Chinese Communist regime or by enterprises which

have been nationalized, expropriated, intervened, or taken by the

Government of Cuba or the Chinese Communist regime and debts which

are a charge on property which has been nationalized, expropriated,

intervened, or taken by the Government of Cuba or the Chinese

Communist regime.

(4) The term "Government of Cuba" includes the government of any

political subdivision, agency, or instrumentality thereof.

(5) The term "Chinese Communist regime" means the so-called

Peoples Republic of China, including any political subdivision,

agency, or instrumentality thereof.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 502, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89-780, Sec. 2, Nov.

6, 1966, 80 Stat. 1365.)

-MISC1-

AMENDMENTS

1966 - Par. (3). Pub. L. 89-780, Sec. 2(1), inserted reference to

the Chinese Communist regime in three places.

Par. (5). Pub. L. 89-780, Sec. 2(2), added par. (5).

TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED

STATES AS SEPARATE AGENCY WITHIN DEPARTMENT OF JUSTICE

For provisions transferring Foreign Claims Settlement Commission

of the United States as a separate agency within the Department of

Justice, see section 1622a et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1643l of this title.

-End-

-CITE-

22 USC Sec. 1643b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643b. Receipt of claims; determination of amount and validity

-STATUTE-

(a) Claims for property loss

The Commission shall receive and determine in accordance with

applicable substantive law, including international law, the amount

and validity of claims by nationals of the United States against

the Government of Cuba, or the Chinese Communist regime, arising

since January 1, 1959, in the case of claims against the Government

of Cuba, or since October 1, 1949, in the case of claims against

the Chinese Communist regime, for losses resulting from the

nationalization, expropriation, intervention, or other taking of,

or special measures directed against, property including any rights

or interests therein owned wholly or partially, directly or

indirectly at the time by nationals of the United States, if such

claims are submitted to the Commission within such period specified

by the Commission by notice published in the Federal Register

(which period shall not be more than eighteen months after such

publication) within sixty days after October 16, 1964, or sixty

days after November 6, 1966, with respect to claims against the

Chinese Communist regime, or of legislation making appropriations

to the Commission for payment of administrative expenses incurred

in carrying out its functions with respect to each respective

claims program authorized, under this subchapter, whichever date is

later. In making the determination with respect to the validity and

amount of claims and value of properties, rights, or interests

taken, the Commission shall take into account the basis of

valuation most appropriate to the property and equitable to the

claimant, including but not limited to, (i) fair market value, (ii)

book value, (iii) going concern value, or (iv) cost of replacement.

(b) Claims for disability or death

The Commission shall receive and determine in accordance with

applicable substantive law, including international law, the amount

and validity of claims by nationals of the United States against

the Government of Cuba, or the Chinese Communist regime, arising

since January 1, 1959, in the case of claims against the Government

of Cuba, or since October 1, 1949, in the case of claims against

the Chinese Communist regime, for disability or death resulting

from actions taken by or under the authority of the Government of

Cuba, or the Chinese Communist regime, if such claims are submitted

to the Commission within the period established by the Commission

under subsection (a) of this section, or within six months after

the date the claims first arose (as determined by the Commission),

whichever date last occurs.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 503, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89-262, Sec. 2, Oct.

19, 1965, 79 Stat. 988; Pub. L. 89-780, Sec. 3, Nov. 6, 1966, 80

Stat. 1365.)

-MISC1-

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-780, Sec. 3, empowered the

Commission to receive claims against the Chinese Communist regime

arising since October 1, 1949, if such claims are submitted within

such period of time specified by the Commission by notice published

in the Federal Register, which notice is required to be published

within 60 days after November 6, 1966.

Subsec. (b). Pub. L. 89-780, Sec. 3(1), (2), provided for

applicability of subsection to the Chinese Communist regime in the

case of claims arising since October 1, 1949.

1965 - Subsec. (a). Pub. L. 89-262 struck out "arising out of

debts for merchandise furnished or services rendered by nationals

of the United States without regard to the date on which such

merchandise was furnished or services rendered or" after

"Government of Cuba".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1643c, 1643d, 1643l,

1643m of this title.

-End-

-CITE-

22 USC Sec. 1643c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643c. Ownership of claims by nationals

-STATUTE-

(a) Requirements for consideration of claims for property loss

A claim shall not be considered under section 1643b(a) of this

title unless the property on which the claim was based was owned

wholly or partially, directly or indirectly by a national of the

United States on the date of the loss and if considered shall be

considered only to the extent the claim has been held by one or

more nationals of the United States continuously thereafter until

the date of filing with the Commission.

(b) Requirements for consideration of claims for disability or

death

A claim for disability under section 1643b(b) of this title may

be considered if it is filed by the disabled person or by his

successors in interest; and a claim for death under section

1643b(b) of this title may be considered if filed by the personal

representative of decedent's estate or by a person or persons for

pecuniary losses and damage sustained on account of such death. A

claim shall not be considered under this section unless the

disabled or deceased person was a national of the United States at

the time of injury or death and if considered, shall be considered

only to the extent the claim has been held by a national or

nationals of the United States continuously until the date of

filing with the Commission.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 504, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1111.)

-End-

-CITE-

22 USC Sec. 1643d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643d. Claims based on ownership interest in or debt or other

obligations owing by corporations or other legal entities

-STATUTE-

(a) Nationals of the United States; charge on property

A claim under section 1643b(a) of this title based upon an

ownership interest in any corporation, association, or other entity

which is a national of the United States shall not be considered. A

claim under section 1643b(a) of this title based upon a debt or

other obligation owing by any corporation, association, or other

entity organized under the laws of the United States, or of any

State, the District of Columbia, or the Commonwealth of Puerto Rico

shall be considered, only when such debt or other obligation is a

charge on property which has been nationalized, expropriated,

intervened, or taken by the Government of Cuba, or the Chinese

Communist regime.

(b) Direct ownership

A claim under section 1643b(a) of this title based upon a direct

ownership interest in a corporation, association, or other entity

for loss shall be considered, subject to the other provisions of

this subchapter, if such corporation, association, or other entity

on the date of the loss was not a national of the United States,

without regard to the per centum of ownership vested in the

claimant.

(c) Indirect ownership

A claim under section 1643b(a) of this title based upon an

indirect ownership interest in a corporation, association, or other

entity for loss shall be considered, subject to the other

provisions of this subchapter, only if at least 25 per centum of

the entire ownership interest thereof at the time of such loss was

vested in nationals of the United States.

(d) Computation of award

The amount of any claim covered by subsection (b) or (c) of this

section shall be calculated on the basis of the total loss suffered

by such corporation, association, or other entity, and shall bear

the same proportion to such loss as the ownership interest of the

claimant at the time of loss bears to the entire ownership interest

thereof.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 505, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1111; amended Pub. L. 89-262, Sec. 3, Oct.

19, 1965, 79 Stat. 988; Pub. L. 89-780, Sec. 4, Nov. 6, 1966, 80

Stat. 1365.)

-MISC1-

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-780 provided for applicability of

subsection to property nationalized or taken by the Chinese

Communist regime.

1965 - Subsec. (a). Pub. L. 89-262 authorized consideration of

claims based on debt or other obligation owing by corporations or

other legal entities which is a charge on property nationalized,

expropriated, intervened, or taken by Government of Cuba.

-End-

-CITE-

22 USC Sec. 1643e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643e. Offsets

-STATUTE-

In determining the amount of any claim, the Commission shall

deduct all amounts the claimant has received from any source on

account of the same loss or losses.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 506, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1112; amended Pub. L. 89-262, Sec. 4, Oct.

19, 1965, 79 Stat. 988.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-262 struck out proviso that the deduction of

such amounts shall not be construed as divesting the United States

of any rights against the Government of Cuba for the amounts so

deducted.

-End-

-CITE-

22 USC Sec. 1643f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643f. Action of Commission with respect to claims

-STATUTE-

(a) Certification of amounts

The Commission shall certify to each individual who has filed a

claim under this subchapter the amount determined by the Commission

to be the loss or damage suffered by the claimant which is covered

by this subchapter. The Commission shall certify to the Secretary

of State such amount and the basic information underlying that

amount, together with a statement of the evidence relied upon and

the reasoning employed in reaching its decision.

(b) Limitation on amount of claims of assignees

The amount determined to be due on any claim of an assignee who

acquires the same by purchase shall not exceed (or, in the case of

any such acquisition subsequent to the date of the determination,

shall not be deemed to have exceeded) the amount of the actual

consideration paid by such assignee, or in case of successive

assignments of a claim by any assignee.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 507, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1112.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1643m, 6067 of this

title.

-End-

-CITE-

22 USC Sec. 1643g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643g. Transfer of records

-STATUTE-

The Secretary of State shall transfer or otherwise make available

to the Commission such records and documents relating to claims

authorized by this subchapter as may be required by the Commission

in carrying out its functions under this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 508, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1112.)

-End-

-CITE-

22 USC Sec. 1643h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643h. Applicability of administrative provisions of

subchapter I

-STATUTE-

To the extent they are not inconsistent with the provisions of

this subchapter, the following provisions of subchapter I of this

chapter shall be applicable to this subchapter: Subsections (b),

(c), (d) (e), (h), and (j) of section 1623 of this title;

subsection (f) of section 1626 of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 509, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1112.)

-End-

-CITE-

22 USC Sec. 1643i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643i. Time limitation on completion of affairs of Commission

-STATUTE-

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to this subchapter not later than

July 6, 1972.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 510, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1112; amended Pub. L. 89-780, Sec. 5, Nov.

6, 1966, 80 Stat. 1365; Pub. L. 91-157, Dec. 24, 1969, 83 Stat.

435.)

-MISC1-

AMENDMENTS

1969 - Pub. L. 91-157 set July 6, 1972, as the final date for the

settlement of claims pursuant to this subchapter.

1966 - Pub. L. 89-780 inserted "with respect to each respective

claims program authorized" after "carrying out its functions".

-End-

-CITE-

22 USC Sec. 1643j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643j. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to enable the Commission to pay its administrative

expenses incurred in carrying out its functions under this

subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 511, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1113; amended Pub. L. 89-262, Sec. 5, Oct.

19, 1965, 79 Stat. 988.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-262 redesignated subsec. (a) as the complete

section, struck out limitation of amount of appropriations to

aggregate amount of net proceeds realized from sale or liquidation

of property of Government of Cuba and use of funds to pay

administrative expenses of the Treasury Department in carrying out

its functions, and eliminated subsec. (b) providing for vesting and

liquidation of Cuban property.

-End-

-CITE-

22 USC Sec. 1643k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643k. Fees for services; limitation; penalty

-STATUTE-

No remuneration on account of any services rendered on behalf of

any claimant in connection with any claim filed with the Commission

under this subchapter shall exceed 10 per centum of so much of the

total amount of such claim, as determined under this subchapter, as

does not exceed $20,000, plus 5 per centum of so much of such

amount, if any, as exceeds $20,000. Any agreement to the contrary

shall be unlawful and void. Whoever, in the United States or

elsewhere, demands or receives on account of services so rendered,

any remuneration in excess of the maximum permitted by this

section, shall be fined not more than $5,000 or imprisoned not more

than twelve months, or both.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 512, as added Pub. L. 88-666,

Oct. 16, 1964, 78 Stat. 1113.)

-End-

-CITE-

22 USC Sec. 1643l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643g742l. Determination of ownership of claims referred by

district courts of the United States

-STATUTE-

Notwithstanding any other provision of this chapter and only for

purposes of section 6082 of this title, a United State (!1)

district court, for fact-finding purposes, may refer to the

Commission, and the Commission may determine, questions of the

amount and ownership of a claim by a United States national (as

defined in section 6023 of this title), resulting from the

confiscation of property by the Government of Cuba described in

section 1643b(a) of this title, whether or not the United States

national qualified as a national of the United States (as defined

in section 1643a(1) of this title) at the time of the action by the

Government of Cuba.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 514, as added Pub. L.

104-114, title III, Sec. 303(b), Mar. 12, 1996, 110 Stat. 820.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 1, 1996, or date determined pursuant to

suspension authority of President, see section 6085 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6083 of this title.

-FOOTNOTE-

(!1)So in original. Probably should be "States".

-End-

-CITE-

22 USC Sec. 1643m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-

Sec. 1643m. Exclusivity of Foreign Claims Settlement Commission

certification procedure

-STATUTE-

(a) Subject to subsection (b) of this section, neither any

national of the United States who was eligible to file a claim

under section 1643b of this title but did not timely file such

claim under that section, nor any person who was ineligible to file

a claim under section 1643b of this title, nor any national of

Cuba, including any agency, instrumentality, subdivision, or

enterprise of the Government of Cuba or any local government of

Cuba, nor any successor thereto, whether or not recognized by the

United States, shall have a claim to, participate in, or otherwise

have an interest in, the compensation proceeds or nonmonetary

compensation paid or allocated to a national of the United States

by virtue of a claim certified by the Commission under section

1643f of this title, nor shall any district court of the United

States have jurisdiction to adjudicate any such claim.

(b) Nothing in subsection (a) of this section shall be construed

to detract from or otherwise affect any rights in the shares of

capital stock of nationals of the United States owning claims

certified by the Commission under section 1643f of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title V, Sec. 515, as added Pub. L.

104-114, title III, Sec. 304, Mar. 12, 1996, 110 Stat. 821.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 1, 1996, or date determined pursuant to

suspension authority of President, see section 6085 of this title.

-End-

-CITE-

22 USC SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC

REPUBLIC 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-End-

-CITE-

22 USC Sec. 1644 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644. Congressional declaration of purpose

-STATUTE-

It is the purpose of this subchapter to provide for the

determination of the validity and amounts of outstanding claims

against the German Democratic Republic which arose out of the

nationalization, expropriation, or other taking of (or special

measures directed against) property interests of nationals of the

United States. This subchapter shall not be construed as

authorizing or as any intention to authorize an appropriation by

the United States for the purpose of paying such claims.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 600, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2509.)

-MISC1-

SEPARABILITY

Section 614 of act Mar. 10, 1950, as added by Pub. L. 94-542,

provided that: "If any provisions of this Act [enacting this

subchapter] or the application thereof to any person or

circumstances shall be held invalid, the remainder of the Act or

the application of such provision to other persons or circumstances

shall not be affected."

AUTHORITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION

Section 119 of H.R. 2076, One Hundred Fourth Congress, as passed

by the House of Representatives on Dec. 6, 1995, and as enacted

into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110

Stat. 11, as amended by Pub. L. 104-99, title II, Sec. 211, Jan.

26, 1996, 110 Stat. 37, provided that:

"(a) Authority of the Foreign Claims Settlement Commission. - The

Foreign Claims Settlement Commission of the United States (the

'Commission') is authorized to receive and determine the validity

and amount of claims by nationals of the United States against the

Federal Republic of Germany covered by Article 2(2) of the

Agreement Between the Government of the Federal Republic of Germany

and the Government of the United States of America Concerning Final

Benefits to Certain United States Nationals Who Were Victims of

National Socialist Measures of Persecution, entered into force

September 19, 1995 (the 'Agreement'). In deciding such claims, the

Commission shall be guided by the criteria applied by the

Department of State in determining the validity and amount of the

claims covered by and settled under Article 2(1) of the Agreement.

"(b) Application of Other Laws. - Except to the extent

inconsistent with the provisions of this section, the provisions of

title I of the International Claims Settlement Act of 1949 (22

U.S.C. 1621 et sec. [sic]), except for section 7(b) (22 U.S.C.

1626(b)), shall apply with respect to claims under this section.

Any reference in such provisions to 'this title' ['this

subchapter'] shall be deemed to refer to those provisions and to

this section.

"(c) Certification and Payment. -

"(1) Not later than two years after the entry into force of the

Agreement, the Commission shall certify to the Secretary of

State, in writing, its determinations as to the validity and

amount of the claims authorized for decision under subsection

(a).

"(2) In the case of claims found to be compensable under

subsection (a), the Commission shall certify the awards entered

in the claims to the Secretary of the Treasury in accordance with

section 5 of title I of the International Claims Settlement Act

of 1949 (22 U.S.C. 1624). Such awards shall be paid in accordance

with subsections (a) and (c)-(f) of section 7 of such title (22

U.S.C. 1626) out of a special fund established in accordance with

section 8 of such title (22 U.S.C. 1627), following conclusion of

the negotiations provided for in Article 2(2) of the Agreement.

"(d) Confidentiality of Records. - Records pertaining to the

claims received by the Commission pursuant to subsection (a) shall

not be publicly disclosed and shall not be required to be disclosed

pursuant to section 552 of title 5, United States Code.

"(e) Separability. - If any provision of this section or the

application thereof to any person or circumstances is held invalid,

the remainder of this section or the application of such provision

to other persons or circumstances shall not be affected."

-End-

-CITE-

22 USC Sec. 1644a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644a. Definitions

-STATUTE-

As used in this subchapter -

(1) The term "national of the United States" means -

(a) a natural person who is a citizen of the United States;

(b) a corporation or other legal entity which is organized

under the laws of the United States or of any State, the District

of Columbia, or the Commonwealth of Puerto Rico, if natural

persons who are citizens of the United States own, directly or

indirectly, 50 per centum or more of the outstanding capital

stock or other beneficial interest of such corporation or entity.

The term does not include aliens.

(2) The term "Commission" means the Foreign Claims Settlement

Commission of the United States.

(3) The term "property" means any property, right, or interest,

including any leasehold interest, and debts owed by enterprises

which have been nationalized, expropriated, or taken by the German

Democratic Republic for which no restoration or no adequate

compensation has been made to the former owners of such property.

(4) The term "German Democratic Republic" includes the government

of any political subdivision, agency, or instrumentality thereof or

under its control.

(5) The term "Claims Fund" is the special fund established in the

Treasury of the United States composed of such sums as may be paid

to the United States by the German Democratic Republic pursuant to

the terms of any agreement settling such claims that may be entered

into by the Governments of the United States and the German

Democratic Republic.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 601, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2509.)

-MISC1-

TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED

STATES AS SEPARATE AGENCY WITHIN DEPARTMENT OF JUSTICE

For provisions transferring Foreign Claims Settlement Commission

of the United States as a separate agency within the Department of

Justice, see section 1622a et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1644g of this title.

-End-

-CITE-

22 USC Sec. 1644b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644b. Receipt and determination of claims; notice by

publication in Federal Register

-STATUTE-

The Commission shall receive and determine in accordance with

applicable substantive law, including international law, the

validity and amounts of claims by nationals of the United States

against the German Democratic Republic for losses arising as a

result of the nationalization, expropriation, or other taking of

(or special measures directed against) property, including any

rights or interests therein, owned wholly or partially, directly or

indirectly, at the time by nationals of the United States whether

such losses occurred in the German Democratic Republic or in East

Berlin. Such claims must be submitted to the Commission within the

period specified by the Commission by notice published in the

Federal Register (which period shall not be more than twelve months

after such publication) within sixty days after October 18, 1976,

or of legislation making appropriations to the Commission for

payment of administrative expenses incurred in carrying out its

functions under this subchapter, whichever date is later.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 602, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2510.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1644c, 1644d, 1644f,

1644h, 1644i of this title.

-End-

-CITE-

22 USC Sec. 1644c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644c. Ownership of claims by nationals

-STATUTE-

A claim shall not be favorably considered under section 1644b of

this title unless the property right on which it is based was

owned, wholly or partially, directly or indirectly, by a national

of the United States on the date of loss and if favorably

considered, the claim shall be considered only if it has been held

by one or more nationals of the United States continuously from the

date that the loss occurred until the date of filing with the

Commission.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 603, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2510.)

-End-

-CITE-

22 USC Sec. 1644d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644d. Claims based on ownership interest in or debt or other

obligation owing by corporations or other legal entities

-STATUTE-

(a) Nationals of the United States; charge on property

A claim under section 1644b of this title based upon an ownership

interest in any corporation, association, or other entity which is

a national of the United States, shall not be considered. A claim

under section 1644b of this title based upon a debt or other

obligation owing by any corporation, association, or other entity

organized under the laws of the United States, or of any State, the

District of Columbia, or the Commonwealth of Puerto Rico shall be

considered only when such debt or other obligation is a charge on

property which has been nationalized, expropriated, or taken by the

German Democratic Republic.

(b) Direct ownership

A claim under section 1644b of this title based upon a direct

ownership interest in a corporation, association, or other entity

for loss, shall be considered subject to the provisions of this

subchapter, if such corporation, association or other entity on the

date of the loss was not a national of the United States, without

regard to the per centum of ownership vested in the claimant.

(c) Indirect ownership

A claim under section 1644b of this title for losses based upon

an indirect ownership interest in a corporation, association, or

other entity, shall be considered, subject to the other provisions

of this subchapter, only if at least 25 per centum of the entire

ownership interest thereof, at the time of such loss, was vested in

nationals of the United States.

(d) Computation of award

The amount of any claim covered by subsections (b) or (c) of this

section shall be calculated on the basis of the total loss suffered

by such corporation, association, or other entity, and shall bear

the same proportion to such loss as the ownership interest of the

claimant at the time of loss bears to the entire ownership interest

thereof.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 604, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2510.)

-End-

-CITE-

22 USC Sec. 1644e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644e. Offsets

-STATUTE-

In determining the amount of any claim, the Commission shall

deduct all amounts the claimant has received from any source on

account of the same loss or losses, including any amount claimant

received under section 2017a(a) of the Appendix to title 50, for

losses which occurred as a direct consequence of special measures

directed against such property in any area covered under this

subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 605, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2511.)

-End-

-CITE-

22 USC Sec. 1644f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644f. Consolidated awards

-STATUTE-

With respect to any claim under section 1644b of this title

which, at the time of the award, is vested in persons other than

the person by whom the original loss was sustained, the Commission

shall issue a consolidated award in favor of all claimants then

entitled thereto, which award shall indicate the respective

interests of such claimants therein, and all such claimants shall

participate, in proportion to their indicated interests, in any

payments that may be made under this subchapter in all respects as

if the award had been in favor of a single person.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 606, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2511.)

-End-

-CITE-

22 USC Sec. 1644g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644g. Claims Fund; establishment; deductions

-STATUTE-

(a) The Secretary of the Treasury is hereby authorized to

establish in the Treasury of the United States a fund to be

designated the Claims Fund as defined under section 1644a(5) of

this title for the payment of unsatisfied claims of nationals of

the United States against the German Democratic Republic as

authorized in this subchapter.

(b) The Secretary of the Treasury shall deduct from any amounts

covered into the Claims Fund, an amount equal to 5 per centum

thereof as reimbursement to the Government of the United States for

expenses incurred by the Commission and by the Treasury Department

in the administration of this subchapter. The amounts so deducted

shall be covered into the Treasury to the credit of miscellaneous

receipts.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 607, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2511.)

-End-

-CITE-

22 USC Sec. 1644h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644h. Certification of amounts; priority of payments

-STATUTE-

(a) The Commission shall certify to the Secretary of the

Treasury, in terms of United States currency, each award made

pursuant to section 1644b of this title.

(b) Upon certification of such award, the Secretary of the

Treasury is authorized and directed, out of the sums covered into

the Claims Fund, to make payments on account of such awards as

follows, and in the following order of priority:

(1) payment in full of the principal amount of each award of

$1,000 or less;

(2) payment in the amount of $1,000 on account of the principal

amount of each award of more than $1,000 in principal amount;

(3) thereafter, payments from time to time, in ratable

proportions, on account of the unpaid balance of the principal

amounts of all awards according to the proportions which the

unpaid balance of such awards bear to the total amount in the

fund available for distribution at the time such payments are

made;

(4) after payment has been made in full of the principal

amounts of all awards, pro rata payments may be made on account

of any interest that may be allowed on such awards;

(5) payments or applications for payments shall be made in

accordance with such regulations as the Secretary of the Treasury

may prescribe.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 608, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2511.)

-End-

-CITE-

22 USC Sec. 1644i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644i. Time limitation on completion of affairs of Commission

-STATUTE-

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to this subchapter not later than

three years following the final date for the filing of claims as

provided in section 1644b of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 609, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2512.)

-End-

-CITE-

22 USC Sec. 1644j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644j. Transfer of records

-STATUTE-

The Secretary of State is authorized and directed to transfer or

otherwise make available to the Commission such records and

documents relating to claims authorized by this subchapter as may

be required by the Commission in carrying out its functions under

this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 610, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2512.)

-End-

-CITE-

22 USC Sec. 1644k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644k. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to enable the Commission and the Treasury Department

of (!1) pay their respective administrative expenses incurred in

carrying out their functions under this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 611, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2512.)

-FOOTNOTE-

(!1) So in original. Probably should be "to".

-End-

-CITE-

22 USC Sec. 1644l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644g742l. Fees for services; limitation; penalty

-STATUTE-

No remuneration on account of services rendered on behalf of any

claimant, in connection with any claim filed with the Commission

under this subchapter, shall exceed 10 per centum of the total

amount paid pursuant to any award certified under the provisions of

this subchapter on account of such claims. Any agreement to the

contrary shall be unlawful and void. Whoever, in the United States

or elsewhere demands or receives, on account of services so

rendered, any remuneration in excess of the maximum permitted by

this section shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be fined not more than $5,000 or imprisoned not more

than twelve months, or both.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 612, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2512.)

-End-

-CITE-

22 USC Sec. 1644m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-

Sec. 1644m. Applicability of administrative provisions of

subchapter I

-STATUTE-

To the extent they are not inconsistent with the provisions of

this subchapter, the following provisions of subchapter I of this

chapter shall be applicable to this subchapter: subsections (b),

(c), (d), (e), (h), and (j) of section 1623 of this title;

subsections (c), (d), (e), and (f) of section 1626 of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VI, Sec. 613, as added Pub. L.

94-542, Oct. 18, 1976, 90 Stat. 2512.)

-End-

-CITE-

22 USC SUBCHAPTER VII - CLAIMS AGAINST VIETNAM 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-End-

-CITE-

22 USC Sec. 1645 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645. Congressional declaration of purpose

-STATUTE-

It is the purpose of this subchapter to provide for the

determination of the validity and amounts of outstanding claims

against Vietnam which arose out of the nationalization,

expropriation, or other taking of (or special measures directed

against) property of nationals of the United States. This

subchapter shall not be construed as authorizing or as any

intention to authorize an appropriation by the United States for

the purpose of paying such claims.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 701, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3534.)

-End-

-CITE-

22 USC Sec. 1645a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645a. Definitions

-STATUTE-

As used in this subchapter -

(1) the term "National of the United States" means -

(A) a natural person who is a citizen of the United States;

and

(B) a corporation or other legal entity which is organized

under the laws of the United States or of any State, the

District of Columbia, or the Commonwealth of Puerto Rico, if

natural persons who are citizens of the United States own,

directly or indirectly, 50 per centum or more of the

outstanding capital stock or other beneficial interest of such

corporation or entity;

(2) the term "Commission" means the Foreign Claims Settlement

Commission of the United States;

(3) the term "property" means -

(A) any property, right, or interest, including any leasehold

interest,

(B) any debt owed by Vietnam or by any enterprise which has

been nationalized, expropriated, or otherwise taken by Vietnam,

and

(C) any debt which is a charge on property which has been

nationalized, expropriated, or otherwise taken by Vietnam;

(4) the term "Vietnam" means -

(A) the Government of the Socialist Republic of Vietnam,

(B) any predecessor governing authority operating in South

Vietnam on or after April 29, 1975, including the Provisional

Revolutionary Government of South Vietnam,

(C) the Government of the former Democratic Republic of

Vietnam, and

(D) any political subdivision, agency, or instrumentality of

any of the entities referred to in subparagraphs (A), (B), and

(C); and

(5) the term "Claims Fund" means the special fund established

in the Treasury of the United States composed of such sums as may

be paid to or realized by the United States pursuant to the terms

of any agreement settling those claims described in section 1645b

of this title that may be entered into between the Governments of

the United States and Vietnam.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 702, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3534.)

-End-

-CITE-

22 USC Sec. 1645b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645b. Receipt and determination of claims; notice by

publication in Federal Register

-STATUTE-

The Commission shall receive and determine in accordance with

applicable substantive law, including international law, the

validity and amounts of claims by nationals of the United States

against Vietnam arising on or after April 29, 1975, for losses

incurred as a result of the nationalization, expropriation, or

other taking of (or special measures directed against) property

which, at the time of such nationalization, expropriation, or other

taking, was owned wholly or partially, directly or indirectly, by

nationals of the United States to whom no restoration or adequate

compensation for such property has been made. Such claims must be

submitted to the Commission within the period specified by the

Commission by notice published in the Federal Register (which

period shall not be more than a period of two years beginning on

the date of such publication) within sixty days after December 28,

1980, or of legislation making appropriations to the Commission for

payment of administrative expenses incurred in carrying out its

functions under this subchapter, whichever date is later.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 703, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1645a, 1645c, 1645d,

1645g, 1645i, 1645j of this title.

-End-

-CITE-

22 USC Sec. 1645c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645c. Ownership of claims by nationals

-STATUTE-

A claim may be favorably considered under section 1645b of this

title only if the property right on which it is based was owned,

wholly or partially, directly or indirectly, by a national of the

United States on the date of loss and only to the extent that the

claim has been held by one or more nationals of the United States

continuously from the date that the loss occurred until the date of

filing with the Commission.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 704, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3535.)

-End-

-CITE-

22 USC Sec. 1645d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645d. Claims based on ownership interest in or debt or other

obligation owing by corporations or other legal entities

-STATUTE-

(a) Nationals of United States; charge on property

A claim under section 1645b of this title based upon an ownership

interest in any corporation, association, or other entity which is

a national of the United States may not be considered. A claim

under section 1645b of this title based upon a debt or other

obligation owing by any corporation, association, or other entity

organized under the laws of the United States, or of any State, the

District of Columbia, or the Commonwealth of Puerto Rico may be

considered only if such debt or other obligation is a charge on

property which has been nationalized, expropriated, or otherwise

taken by Vietnam.

(b) Direct ownership

A claim under section 1645b of this title based upon a direct

ownership interest in a corporation, association, or other entity

may be considered, subject to the other provisions of this

subchapter, if such corporation, association, or other entity on

the date of the loss was not a national of the United States,

without regard to the per centum of ownership vested in the

claimant.

(c) Indirect ownership

A claim under section 1645b of this title based upon an indirect

ownership interest in a corporation, association, or other entity

may be considered, subject to the other provisions of this

subchapter, only if at least 25 per centum of the entire ownership

interest thereof, at the time of such loss, was vested in nationals

of the United States or if, at the time of the loss, nationals of

the United States in fact controlled the corporation, association,

or entity, as determined by the Commission.

(d) Computation of award

The amount of any claim covered by subsection (b) or (c) of this

section shall be calculated on the basis of the total loss suffered

by the corporation, association, or other entity, with respect to

which the claim is made, and shall bear the same proportion to such

loss as the ownership interest of the claimant at the time of loss

bears to the entire ownership interest thereof.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 705, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3535.)

-End-

-CITE-

22 USC Sec. 1645e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645e. Offsets

-STATUTE-

In determining the amount of any claim under this subchapter, the

Commission shall deduct all amounts the claimant has received from

any source on account of the same loss or losses for which the

claim is filed.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 706, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3536.)

-End-

-CITE-

22 USC Sec. 1645f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645f. Certifications; assigned claims

-STATUTE-

(a) The Commission shall certify to each claimant who files a

claim under this subchapter the amount determined by the Commission

to be the loss suffered by the claimant which is covered by this

subchapter. The Commission shall certify to the Secretary of State

such amount and the basic information underlying that amount,

together with a statement of the evidence relied upon and the

reasoning employed in making that determination.

(b) In any case in which a claim under this subchapter is

assigned by purchase before the Commission determines the amount

due on that claim, the amount so determined shall not exceed the

amount of actual consideration paid by the last such assignee.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 707, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3536.)

-End-

-CITE-

22 USC Sec. 1645g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645g. Consolidated awards

-STATUTE-

With respect to any claim under section 1645b of this title

which, at the time of the award, is vested in persons other than

the person by whom the original loss was sustained, the Commission

shall issue a consolidated award in favor of all claimants then

entitled to the award, which award shall indicate the respective

interests of such claimants in the award, and all such claimants

shall participate, in proportion to their indicated interests, in

any payments that may be made under this subchapter in all respects

as if the award had been in favor of a single person.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 708, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3536.)

-End-

-CITE-

22 USC Sec. 1645h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645h. Claims Fund; establishment; deductions

-STATUTE-

(a) The Secretary of the Treasury may establish in the Treasury

of the United States the Claims Fund for the payment of unsatisfied

claims of nationals of the United States against Vietnam, as

authorized by this subchapter.

(b) The Secretary of the Treasury shall deduct from any amounts

covered into the Claims Fund an amount equal to 5 per centum

thereof as reimbursement to the Government of the United States for

expenses incurred by the Commission and by the Treasury Department

in the administration of this subchapter. The amounts so deducted

shall be covered into the Treasury as miscellaneous receipts.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 709, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3536.)

-End-

-CITE-

22 USC Sec. 1645i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645i. Award payment procedures

-STATUTE-

(a) Certification of amounts

The Commission shall certify to the Secretary of the Treasury, in

terms of United States currency, each award made pursuant to

section 1645b of this title.

(b) Priority of payments

(1) Upon certification of each award made pursuant to section

1645b of this title, the Secretary of the Treasury shall, out of

the sums covered into the Claims Fund, make payments on account of

such awards as follows, and in the following order of priority:

(A) Payment in the amount of $2,500 or the principal amount of

the award, whichever is less.

(B) Thereafter, payments from time to time, in ratable

proportions, on account of the unpaid balance of the principal

amounts of all awards according to the proportions which the

unpaid balance of such awards bear to the total amount in the

Claims Fund available for distribution at the time such payments

are made.

(2) After payment has been made in full of the principal amounts

of all awards pursuant to paragraph (1), pro rata payments may be

made on account of any interest that may be allowed on such awards.

(c) Regulations

Payments or applications for payments under subsection (b) of

this section shall be made in accordance with such regulations as

the Secretary of the Treasury may prescribe.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 710, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3537.)

-End-

-CITE-

22 USC Sec. 1645j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645j. Settlement period

-STATUTE-

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to this subchapter not later than

three years after the final date for the filing of claims as

provided in section 1645b of this title.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 711, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3537.)

-End-

-CITE-

22 USC Sec. 1645k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645k. Transfer of records

-STATUTE-

The Secretary of State, the Secretary of the Treasury, and the

Secretary of Defense shall transfer or otherwise make available to

the Commission such records and documents relating to claims

authorized by this subchapter as may be required by the Commission

in carrying out its functions under this subchapter.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 712, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3537.)

-End-

-CITE-

22 USC Sec. 1645l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645g742l. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for any fiscal year

beginning on or after October 1, 1980, such sums as may be

necessary to enable the Commission and the Treasury Department to

pay their respective administrative expenses incurred in carrying

out their functions under this subchapter. Amounts appropriated

under this section may remain available until expended.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 713, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3537.)

-End-

-CITE-

22 USC Sec. 1645m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645m. Fees for services; limitation; penalty

-STATUTE-

No remuneration on account of services rendered on behalf of any

claimant, in connection with any claim filed with the Commission

under this subchapter, shall exceed 10 per centum of the total

amount paid pursuant to any award certified under the provisions of

this subchapter on account of such claim. Any agreement to the

contrary shall be unlawful and void. Whoever, in the United States

or elsewhere, demands or receives, on account of services so

rendered, any remuneration in excess of the maximum permitted by

this section shall be guilty of a misdemeanor and, upon conviction

thereof, shall be fined not more than $5,000 or imprisoned not more

than twelve months, or both.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 714, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3537.)

-End-

-CITE-

22 USC Sec. 1645n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645n. Applicability of other statutory provisions

-STATUTE-

(a) To the extent they are not inconsistent with the provisions

of this subchapter, the following provisions of subchapter I of

this chapter shall be applicable to this subchapter; subsections

(b), (c), (d), (e), and (h) of section 1623 of this title and

subsections (c), (d), (e), and (f) of section 1626 of this title.

Any reference in such provisions to "this subchapter" shall be

deemed to be a reference to those provisions and to this

subchapter.

(b) Except as otherwise provided in this subchapter and in those

provisions of subchapter I of this chapter referred to in

subsection (a) of this section, the Commission shall comply with

the provisions of subchapter II of chapter 5, and the provisions of

chapter 7, of title 5.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 715, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3538.)

-End-

-CITE-

22 USC Sec. 1645o 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS

SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-

Sec. 1645g742o. Separability

-STATUTE-

If any provision of this subchapter or the application thereof to

any person or circumstances is held invalid, the remainder of this

subchapter or the application of such provision to other persons or

circumstances shall not be affected.

-SOURCE-

(Mar. 10, 1950, ch. 54, title VII, Sec. 716, as added Pub. L.

96-606, Dec. 28, 1980, 94 Stat. 3538.)

-End-