Page 1261 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6083

receive payment on the claim under any

agreement entered into between the United

States and Cuba settling claims covered by

such title, and such national shall be deemed

to have discharged the United States from

any further responsibility to represent the

United States national with respect to that

claim;

(ii) if the recovery in the action is less

than the amount of the certified claim, the

United States national may receive payment

under a claims agreement described in

clause (i) but only to the extent of the difference between the amount of the recovery

and the amount of the certified claim; and

(iii) if there is no recovery in the action,

the United States national may receive payment on the certified claim under a claims

agreement described in clause (i) to the

same extent as any certified claimant who

does not bring an action under this section.

(B) In the event some or all actions brought

under this section are consolidated by judicial

or other action in such manner as to create a

pool of assets available to satisfy the claims in

such actions, including a pool of assets in a

proceeding in bankruptcy, every claimant

whose claim in an action so consolidated was

certified by the Foreign Claims Settlement

Commission under title V of the International

Claims Settlement Act of 1949 [22 U.S.C. 1643

et seq.] shall be entitled to payment in full of

its claim from the assets in such pool before

any payment is made from the assets in such

pool with respect to any claim not so certified.

(g) Deposit of excess payments by Cuba under

claims agreement

Any amounts paid by Cuba under any agreement entered into between the United States

and Cuba settling certified claims under title V

of the International Claims Settlement Act of

1949 [22 U.S.C. 1643 et seq.] that are in excess of

the payments made on such certified claims

after the application of subsection (f) of this section shall be deposited into the United States

Treasury.

(h) Termination of rights

(1) In general

All rights created under this section to bring

an action for money damages with respect to

property confiscated by the Cuban Government—

(A) may be suspended under section 6064(a)

of this title; and

(B) shall cease upon transmittal to the

Congress of a determination of the President

under section 6063(c)(3) of this title that a

democratically elected government in Cuba

is in power.

(2) Pending suits

The suspension or termination of rights

under paragraph (1) shall not affect suits commenced before the date of such suspension or

termination (as the case may be), and in all

such suits, proceedings shall be had, appeals

taken, and judgments rendered in the same

manner and with the same effect as if the suspension or termination had not occurred.

(i) Imposition of filing fees

The Judicial Conference of the United States

shall establish a uniform fee that shall be imposed upon the plaintiff or plaintiffs in each action brought under this section. The fee should

be established at a level sufficient to recover the

costs to the courts of actions brought under this

section. The fee under this subsection is in addition to any other fees imposed under title 28.

(Pub. L. 104–114, title III, §302, Mar. 12, 1996, 110

Stat. 815.)

REFERENCES IN TEXT

For the effective date of this subchapter, referred to

in subsec. (a)(1)(A), as Aug. 1, 1996, or date determined

pursuant to suspension authority of President see section 6085 of this title.

The International Claims Settlement Act of 1949, referred to in subsecs. (a)(1)(A)(i)(I), (3)(A), (5), (f)(2), and

(g), is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as amended,

which is classified generally to chapter 21 (§1621 et seq.)

of this title. Title V of the Act is classified generally

to subchapter V (§1643 et seq.) of chapter 21 of this

title. For complete classification of this Act to the

Code, see Short Title note set out under section 1621 of

this title and Tables.

This subchapter, referred to in subsecs. (a)(7)(B), (8)

and (c)(1), was in the original ‘‘this title’’, meaning

title III of Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 814,

which enacted this subchapter and sections 1643l and

1643m of this title and amended section 1611 of Title 28,

Judiciary and Judicial Procedure. For complete classification of title III to the Code, see Tables.

CODIFICATION

Section is comprised of section 302 of Pub. L. 104–114.

Subsec. (e) of section 302 of Pub. L. 104–114 amended

section 1611 of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1643l, 6064, 6084

of this title.

§ 6083. Proof of ownership of claims to confiscated property

(a) Evidence of ownership

(1) Conclusiveness of certified claims

In any action brought under this subchapter,

the court shall accept as conclusive proof of

ownership of an interest in property a certification of a claim to ownership of that interest

that has been made by the Foreign Claims

Settlement Commission under title V of the

International Claims Settlement Act of 1949

(22 U.S.C. 1643 and following).

(2) Claims not certified

If in an action under this subchapter a claim

has not been so certified by the Foreign

Claims Settlement Commission, the court

may appoint a special master, including the

Foreign Claims Settlement Commission, to

make determinations regarding the amount

and ownership of the claim. Such determinations are only for evidentiary purposes in civil

actions brought under this subchapter and do

not constitute certifications under title V of

the International Claims Settlement Act of

1949.

(3) Effect of determinations of foreign or international entities

In determining the amount or ownership of a

claim in an action under this subchapter, the
§ 6084 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1262

court shall not accept as conclusive evidence

any findings, orders, judgments, or decrees

from administrative agencies or courts of foreign countries or international organizations

that declare the value of or invalidate the

claim, unless the declaration of value or invalidation was found pursuant to binding

international arbitration to which the United

States or the claimant submitted the claim.

(b) Omitted

(c) Rule of construction

Nothing in this chapter or in section 514 of the

International Claims Settlement Act of 1949 [22

U.S.C. 1643l], as added by subsection (b) of this

section, shall be construed—

(1) to require or otherwise authorize the

claims of Cuban nationals who became United

States citizens after their property was confiscated to be included in the claims certified

to the Secretary of State by the Foreign

Claims Settlement Commission for purposes of

future negotiation and espousal of claims with

a friendly government in Cuba when diplomatic relations are restored; or

(2) as superseding, amending, or otherwise

altering certifications that have been made

under title V of the International Claims Settlement Act of 1949 [22 U.S.C. 1643 et seq.] before March 12, 1996.

(Pub. L. 104–114, title III, §303, Mar. 12, 1996, 110

Stat. 819.)

REFERENCES IN TEXT

The International Claims Settlement Act of 1949, referred to in subsecs. (a)(1), (2) and (c)(2), is act Mar. 10,

1950, ch. 54, 64 Stat. 12, as amended. Title V of the Act

is classified generally to subchapter V (§1643 et seq.) of

chapter 21 of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 1621 of this title and Tables.

This chapter, referred to in subsec. (c), was in the

original ‘‘this Act’’, meaning Pub. L. 104–114, Mar. 12,

1996, 110 Stat. 785, which is classified principally to this

chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 6021 of

this title and Tables.

CODIFICATION

Section is comprised of section 303 of Pub. L. 104–114.

Subsec. (b) of section 303 of Pub. L. 104–114 enacted section 1643l of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6082 of this title.

§ 6084. Limitation of actions

An action under section 6082 of this title may

not be brought more than 2 years after the trafficking giving rise to the action has ceased to

occur.

(Pub. L. 104–114, title III, §305, Mar. 12, 1996, 110

Stat. 821.)

§ 6085. Effective date

(a) In general

Subject to subsections (b) and (c) of this section, this subchapter and the amendments made

by this subchapter shall take effect on August 1,

1996.

(b) Suspension authority

(1) Suspension authority

The President may suspend the effective

date under subsection (a) of this section for a

period of not more than 6 months if the President determines and reports in writing to the

appropriate congressional committees at least

15 days before such effective date that the suspension is necessary to the national interests

of the United States and will expedite a transition to democracy in Cuba.

(2) Additional suspensions

The President may suspend the effective

date under subsection (a) of this section for

additional periods of not more than 6 months

each, each of which shall begin on the day

after the last day of the period during which a

suspension is in effect under this subsection, if

the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which

the additional suspension is to begin that the

suspension is necessary to the national interests of the United States and will expedite a

transition to democracy in Cuba.

(c) Other authorities

(1) Suspension

After this subchapter and the amendments

of this subchapter have taken effect—

(A) no person shall acquire a property interest in any potential or pending action

under this subchapter; and

(B) the President may suspend the right to

bring an action under this subchapter with

respect to confiscated property for a period

of not more than 6 months if the President

determines and reports in writing to the appropriate congressional committees at least

15 days before the suspension takes effect

that such suspension is necessary to the national interests of the United States and will

expedite a transition to democracy in Cuba.

(2) Additional suspensions

The President may suspend the right to

bring an action under this subchapter for additional periods of not more than 6 months each,

each of which shall begin on the day after the

last day of the period during which a suspension is in effect under this subsection, if the

President determines and reports in writing to

the appropriate congressional committees at

least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests

of the United States and will expedite a transition to democracy in Cuba.

(3) Pending suits

The suspensions of actions under paragraph

(1) shall not affect suits commenced before the

date of such suspension, and in all such suits,

proceedings shall be had, appeals taken, and

judgments rendered in the same manner and

with the same effect as if the suspension had

not occurred.

(d) Rescission of suspension

The President may rescind any suspension

made under subsection (b) or (c) of this section