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termination on the merits in an action brought
under paragraph (1).
(b) DEFINITION.—As used in this subsection, the
term ‘‘agency or instrumentality of a foreign state’’ has
the meaning given that term in section 1603(b) of title
28, United States Code.
(c) JURISDICTION.—
(1) IN GENERAL.—Chapter 85 of title 28, Unit-
ed States Code, is amended by inserting after sec-
tion 1331 the following new section:
‘‘§ 1331a. Civil actions involving confiscated property
‘‘The district courts shall have exclusive jurisdiction
of any action brought under section 6252 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of
1995, regardless of the amount in controversy.’’.
(2) CONFORMING AMENDMENT.—The table of
sections for chapter 85 of title 28, United States
Code, is amended by inserting after the item relating
to section 1331 the following:
‘‘1331a. Civil actions involving confiscated property.’’.
(d) CERTAIN PROPERTY IMMUNE FROM EXECU-
TION.—Section 1611 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(c) Notwithstanding the provisions of section 1610
of this chapter, the property of a foreign state shall be
immune from attachment and from execution in an action
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brought under section 6252 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1995 to the
extent the property is a facility or installation used by an
accredited diplomatic mission for official purposes.’’.
(e) 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 com-
mon law, Federal law, or the law of any of the
several States, the District of Columbia, or any
territory or possession of the United States,
that seeks monetary or nonmonetary compensa-
tion by reason of the same subject matter; and
(B) any person who brings, under the com-
mon law or any provision of law other than this
section, a civil action or proceeding for mone-
tary 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.—
In the case of any United States national that
brings an action under this section based on a claim
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certified under title V of the International Claims
Settlement Act of 1949—
(A) if the recovery in the action is equal to
or greater than the amount of the certified
claim, the United States national may not re-
ceive payment on the claim under any agree-
ment entered into between the United States
and Cuba settling claims covered by such title,
and such national shall be deemed to have dis-
charged the United States from any further re-
sponsibility to represent the United States na-
tional with respect to that claim;
(B) 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 subpara-
graph (A) but only to the extent of the dif-
ference between the amount of the recovery and
the amount of the certified claim; and
(C) 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 subparagraph (A) to the same ex-
tent as any certified claimant who does not
bring an action under this section.
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(f) 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 Inter-
national Claims Settlement Act of 1949 that are in excess
of the payments made on such certified claims after the
application of subsection (e) shall be deposited into the
United States Treasury.
(g) TERMINATION OF RIGHTS.—
(1) IN GENERAL.—All rights created under this
section to bring an action for money damages with
respect to property confiscated before the date of the
enactment of this Act shall cease upon the transmit-
tal to the Congress of a determination of the Presi-
dent under section 6233(c)(3).
(2) PENDING SUITS.—The termination of rights
under paragraph (1) shall not affect suits com-
menced before the date of such termination, 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 this subsection had
not been enacted.
SEC. 6253. DETERMINATION OF CLAIMS TO CONFISCATED
PROPERTY.
(a) EVIDENCE OF OWNERSHIP.—
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(1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—
In any action brought under this part, the courts
shall accept as conclusive proof of ownership a cer-
tification of a claim to ownership that has been
made by the Foreign Claims Settlement Commission
pursuant to title V of the International Claims Set-
tlement Act of 1949 (22 U.S.C. 1643 and following).
(2) CLAIMS NOT CERTIFIED.—In the case of a
claim that has not been certified by the Foreign
Claims Settlement Commission before the enactment
of this Act, a court may appoint a special master,
including the Foreign Claims Settlement Commis-
sion, to make determinations regarding the amount
and validity of claims to ownership of confiscated
property. Such determinations are only for evi-
dentiary purposes in civil actions brought under this
part and do not constitute certifications pursuant to
title V of the International Claims Settlement Act of
1949.
(3) EFFECT OF DETERMINATIONS OF FOREIGN
ENTITIES.—In determining ownership, courts shall
not accept as conclusive evidence of ownership any
findings, orders, judgments, or decrees from admin-
istrative agencies or courts of foreign countries or
international organizations that invalidate the claim
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held by a United States national, unless the invali-
dation was found pursuant to binding international
arbitration to which United States national submit-
ted the claim.
(b) AMENDMENT OF THE INTERNATIONAL CLAIMS
SETTLEMENT ACT OF 1949.—Title V of the International
Claims Settlement Act of 1949 (22 U.S.C. 1643 and fol-
lowing) is amended by adding at the end the following new
section:
‘‘EVALUATION OF OWNERSHIP CLAIMS REFERRED BY
DISTRICT COURTS OF THE UNITED STATES
‘‘SEC. 514. Notwithstanding any other provision of
this title and only for purposes of section 6252 the Cuban
Liberty and Solidarity (LIBERTAD) Act, a United States
district court, for fact-finding purposes, may refer to the
Commission, and the Commission may determine, ques-
tions of the amount and ownership of a claim by a United
States national (as defined in section 6204 of the Cuban
Liberty and Solidarity (LIBERTAD) Act) resulting from
the confiscation of property by the Government of Cuba
described in section 503(a), whether or not the United
States national qualified as a national of the United States
(as defined in section 502(1)) at the time of the action
by the Government of Cuba.’’.
(c) RULE OF CONSTRUCTION.—Nothing in this sub-
title or section 514 of the International Claims Settlement