Page 1259 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6082

(9) International law recognizes that a nation has the ability to provide for rules of law

with respect to conduct outside its territory

that has or is intended to have substantial effect within its territory.

(10) The United States Government has an

obligation to its citizens to provide protection

against wrongful confiscations by foreign nations and their citizens, including the provision of private remedies.

(11) To deter trafficking in wrongfully confiscated property, United States nationals who

were the victims of these confiscations should

be endowed with a judicial remedy in the

courts of the United States that would deny

traffickers any profits from economically exploiting Castro’s wrongful seizures.

(Pub. L. 104–114, title III, §301, Mar. 12, 1996, 110

Stat. 814.)

§ 6082. Liability for trafficking in confiscated

property claimed by United States nationals

(a) Civil remedy

(1) Liability for trafficking

(A) Except as otherwise provided in this section, any person that, after the end of the 3-

month period beginning on the effective date

of this subchapter, traffics in property which

was confiscated by the Cuban Government on

or after January 1, 1959, shall be liable to any

United States national who owns the claim to

such property for money damages in an

amount equal to the sum of—

(i) the amount which is the greater of—

(I) the amount, if any, certified to the

claimant by the Foreign Claims Settlement Commission under the International

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

1621 et seq.], plus interest;

(II) the amount determined under section 6083(a)(2) of this title, plus interest; or

(III) the fair market value of that property, calculated as being either the current value of the property, or the value of

the property when confiscated plus interest, whichever is greater; and

(ii) court costs and reasonable attorneys’

fees.

(B) Interest under subparagraph (A)(i) shall

be at the rate set forth in section 1961 of title

28, computed by the court from the date of

confiscation of the property involved to the

date on which the action is brought under this

subsection.

(2) Presumption in favor of the certified claims

There shall be a presumption that the

amount for which a person is liable under

clause (i) of paragraph (1)(A) is the amount

that is certified as described in subclause (I) of

that clause. The presumption shall be rebuttable by clear and convincing evidence that the

amount described in subclause (II) or (III) of

that clause is the appropriate amount of liability under that clause.

(3) Increased liability

(A) Any person that traffics in confiscated

property for which liability is incurred under

paragraph (1) shall, if a United States national

owns a claim with respect to that property

which 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.], be liable for damages

computed in accordance with subparagraph

(C).

(B) If the claimant in an action under this

subsection (other than a United States national to whom subparagraph (A) applies) provides, after the end of the 3-month period described in paragraph (1) notice to—

(i) a person against whom the action is to

be initiated, or

(ii) a person who is to be joined as a defendant in the action,

at least 30 days before initiating the action or

joining such person as a defendant, as the case

may be, and that person, after the end of the

30-day period beginning on the date the notice

is provided, traffics in the confiscated property that is the subject of the action, then

that person shall be liable to that claimant for

damages computed in accordance with subparagraph (C).

(C) Damages for which a person is liable

under subparagraph (A) or subparagraph (B)

are money damages in an amount equal to the

sum of—

(i) the amount determined under paragraph (1)(A)(ii), and

(ii) 3 times the amount determined applicable under paragraph (1)(A)(i).

(D) Notice to a person under subparagraph

(B)—

(i) shall be in writing;

(ii) shall be posted by certified mail or personally delivered to the person; and

(iii) shall contain—

(I) a statement of intention to commence the action under this section or to

join the person as a defendant (as the case

may be), together with the reasons therefor;

(II) a demand that the unlawful trafficking in the claimant’s property cease immediately; and

(III) a copy of the summary statement

published under paragraph (8).

(4) Applicability

(A) Except as otherwise provided in this

paragraph, actions may be brought under

paragraph (1) with respect to property confiscated before, on, or after March 12, 1996.

(B) In the case of property confiscated before

March 12, 1996, a United States national may

not bring an action under this section on a

claim to the confiscated property unless such

national acquires ownership of the claim before March 12, 1996.

(C) In the case of property confiscated on or

after March 12, 1996, a United States national

who, after the property is confiscated, acquires ownership of a claim to the property by

assignment for value, may not bring an action

on the claim under this section.

(5) Treatment of certain actions

(A) In the case of a United States national

who was eligible to file a claim with the For-
§ 6082 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1260

eign Claims Settlement Commission under

title V of the International Claims Settlement

Act of 1949 [22 U.S.C. 1643 et seq.] but did not

so file the claim, that United States national

may not bring an action on that claim under

this section.

(B) In the case of any action brought under

this section by a United States national whose

underlying claim in the action was timely

filed with the Foreign Claims Settlement

Commission under title V of the International

Claims Settlement Act of 1949 but was denied

by the Commission, the court shall accept the

findings of the Commission on the claim as

conclusive in the action under this section.

(C) A United States national, other than a

United States national bringing an action

under this section on a claim certified under

title V of the International Claims Settlement

Act of 1949, may not bring an action on a

claim under this section before the end of the

2-year period beginning on March 12, 1996.

(D) An interest in property for which a

United States national has a claim certified

under title V of the International Claims Settlement Act of 1949 may not be the subject of

a claim in an action under this section by any

other person. Any person bringing an action

under this section whose claim has not been so

certified shall have the burden of establishing

for the court that the interest in property that

is the subject of the claim is not the subject of

a claim so certified.

(6) Inapplicability of act of state doctrine

No court of the United States shall decline,

based upon the act of state doctrine, to make

a determination on the merits in an action

brought under paragraph (1) .

(7) Licenses not required

(A) Notwithstanding any other provision of

law, an action under this section may be

brought and may be settled, and a judgment

rendered in such action may be enforced, without obtaining any license or other permission

from any agency of the United States, except

that this paragraph shall not apply to the execution of a judgment against, or the settlement of actions involving, property blocked

under the authorities of section 5(b) of title 50,

Appendix, that were being exercised on July 1,

1977, as a result of a national emergency declared by the President before such date, and

are being exercised on March 12, 1996.

(B) Notwithstanding any other provision of

law, and for purposes of this subchapter only,

any claim against the Cuban Government

shall not be deemed to be an interest in property the transfer of which to a United States

national required before March 12, 1996, or requires after March 12, 1996, a license issued by,

or the permission of, any agency of the United

States.

(8) Publication by Attorney General

Not later than 60 days after March 12, 1996,

the Attorney General shall prepare and publish in the Federal Register a concise summary of the provisions of this subchapter, including a statement of the liability under this

subchapter of a person trafficking in confiscated property, and the remedies available

to United States nationals under this subchapter.

(b) Amount in controversy

An action may be brought under this section

by a United States national only where the

amount in controversy exceeds the sum or value

of $50,000, exclusive of interest, costs, and attorneys’ fees. In calculating $50,000 for purposes of

the preceding sentence, the applicable amount

under subclause (I), (II), or (III) of subsection

(a)(1)(A)(i) of this section may not be tripled as

provided in subsection (a)(3) of this section.

(c) Procedural requirements

(1) In general

Except as provided in this subchapter, the

provisions of title 28 and the rules of the

courts of the United States apply to actions

under this section to the same extent as such

provisions and rules apply to any other action

brought under section 1331 of title 28.

(2) Service of process

In an action under this section, service of

process on an agency or instrumentality of a

foreign state in the conduct of a commercial

activity, or against individuals acting under

color of law, shall be made in accordance with

section 1608 of title 28.

(d) Enforceability of judgments against Cuban

Government

In an action brought under this section, any

judgment against an agency or instrumentality

of the Cuban Government shall not be enforceable against an agency or instrumentality of either a transition government in Cuba or a democratically elected government in Cuba.

(e) Omitted

(f) Election of remedies

(1) Election

Subject to paragraph (2)—

(A) any United States national that brings

an action under this section may not bring

any other civil action or proceeding under

the common law, Federal law, or the law of

any of the several States, the District of Columbia, or any commonwealth, territory, or

possession of the United States, that seeks

monetary or nonmonetary compensation by

reason of the same subject matter; and

(B) any person who brings, under the common law or any provision of law other than

this section, a civil action or proceeding for

monetary or nonmonetary compensation

arising out of a claim for which an action

would otherwise be cognizable under this

section may not bring an action under this

section on that claim.

(2) Treatment of certified claimants

(A) In the case of any United States national

that brings an action under this section based

on a claim certified under title V of the International Claims Settlement Act of 1949 [22

U.S.C. 1643 et seq.]—

(i) if the recovery in the action is equal to

or greater than the amount of the certified

claim, the United States national may not
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