-CITE-
    22 USC CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS      01/03/2007

-EXPCITE-
    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.                          
    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.                                   
    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.                                               
    1624.       Certification of awards; certification of claims.     
    1625.       Omitted.                                              
    1626.       Payments.                                             
    1627.       Creation of special funds in Treasury.                

     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.                                
    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.                            
    1631g.      Payment of debts.                                     
    1631h.      Hearings on claims; rules and regulations; delegation
                 of powers.                                           
    1631i.      Limitations.                                          
    1631j.      Fees of agents, attorneys, or representatives.        
    1631k.      Taxes.                                                
    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.       

    SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY, RUMANIA, ITALY,
                           AND THE SOVIET UNION
    1641.       Definitions.                                          
    1641a.      Claims funds.                                         
    1641b.      Claims of nationals of the United States against
                 Bulgaria, Hungary, and Rumania.                      
    1641c.      Claims of nationals of the United States against
                 Italy.                                               
    1641d.      Claims of nationals of the United States against the
                 Soviet Union.                                        
    1641e.      Filing of claims; notice in Federal Register.         
    1641f.      Amount of award.                                      
    1641g.      Certification of awards.                              
    1641h.      Funds for payment of claims.                          
    1641i.      Payment of awards.                                    
    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.                                          
    1641p.      Fees of agents, attorneys, or representatives.        
    1641q.      Applicability of administrative provisions of
                 subchapter I.                                        

               SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA           
    1642.       Definitions.                                          
    1642a.      Financial provisions.                                 
    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.                                
    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.                                    
    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.                                            
    1643c.      Ownership of claims by nationals.                     
    1643d.      Claims based on ownership interest in or debt or other
                 obligation owing by corporations or other legal
                 entities.                                            
    1643e.      Offsets.                                              
    1643f.      Action of Commission with respect to claims.          
    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.                                            
    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.                                            
    1645e.      Offsets.                                              
    1645f.      Certifications; assigned claims.                      
    1645g.      Consolidated awards.                                  
    1645h.      Claims Fund; establishment; deductions.               
    1645i.      Award payment procedures.                             
    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.                                         

-End-


-CITE-
    22 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    22 USC Sec. 1621                                            01/03/2007

-EXPCITE-
    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                                            01/03/2007

-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 U.S.C. App. 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                                           01/03/2007

-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                                           01/03/2007

-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 U.S.C. App. 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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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 U.S.C. App. 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                                            01/03/2007

-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]."

-End-



-CITE-
    22 USC Sec. 1624                                            01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1625                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1627                                            01/03/2007

-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.

-End-


-CITE-
    22 USC SUBCHAPTER II - VESTING AND LIQUIDATION OF
           BULGARIAN, HUNGARIAN, AND RUMANIAN PROPERTY     01/03/2007

-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                                            01/03/2007

-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                                           01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1631b                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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".

-End-



-CITE-
    22 USC Sec. 1631g                                           01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1631h                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1631l                                           01/03/2007

-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. 1631l. 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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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. 1631o. 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.

-End-


-CITE-
    22 USC SUBCHAPTER III - CLAIMS AGAINST BULGARIA, HUNGARY,
           RUMANIA, ITALY, AND THE SOVIET UNION            01/03/2007

-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

-End-



-CITE-
    22 USC Sec. 1641                                            01/03/2007

-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                                           01/03/2007

-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).

-End-



-CITE-
    22 USC Sec. 1641b                                           01/03/2007

-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).

-End-



-CITE-
    22 USC Sec. 1641c                                           01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1641d                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1641e                                           01/03/2007

-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).

-End-



-CITE-
    22 USC Sec. 1641f                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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).

-FOOTNOTE-
    (!1) So in original. Probably should be "claim".


-End-



-CITE-
    22 USC Sec. 1641j                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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. 1641l. 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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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. 1641o. 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).

-End-



-CITE-
    22 USC Sec. 1641p                                           01/03/2007

-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                                           01/03/2007

-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        01/03/2007

-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                                            01/03/2007

-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                                           01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1642b                                           01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1642c                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1642d                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1642j                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1642k                                           01/03/2007

-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                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS
    SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-
    Sec. 1642l. 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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS
    SUBCHAPTER IV - CLAIMS AGAINST CZECHOSLOVAKIA

-HEAD-
    Sec. 1642o. 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                                           01/03/2007

-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         01/03/2007

-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           

-End-



-CITE-
    22 USC Sec. 1643                                            01/03/2007

-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                                           01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1643b                                           01/03/2007

-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".

-End-



-CITE-
    22 USC Sec. 1643c                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1643g                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS
    SUBCHAPTER V - CLAIMS AGAINST CUBA AND CHINA

-HEAD-
    Sec. 1643l. 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.

-FOOTNOTE-
    (!1)So in original. Probably should be "States".


-End-



-CITE-
    22 USC Sec. 1643m                                           01/03/2007

-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                                        01/03/2007

-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                                            01/03/2007

-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                                           01/03/2007

-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.

-End-



-CITE-
    22 USC Sec. 1644b                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1644c                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS
    SUBCHAPTER VI - CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC

-HEAD-
    Sec. 1644l. 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                                           01/03/2007

-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              01/03/2007

-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                                            01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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.)

-End-



-CITE-
    22 USC Sec. 1645c                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS
    SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-
    Sec. 1645l. 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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 21 - SETTLEMENT OF INTERNATIONAL CLAIMS
    SUBCHAPTER VII - CLAIMS AGAINST VIETNAM

-HEAD-
    Sec. 1645o. 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-