dreamproit/uscode huggingface dataset:
22 U.S.C. § 1643d (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643d. Claims based on ownership interest in or debt or other obligations owing by corporations or other legal entities
(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.
(Mar. 10, 1950, ch. 54, title V, § 505, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1111; amended Pub. L. 89–262, § 3, Oct. 19, 1965, 79 Stat. 988; Pub. L. 89–780, § 4, Nov. 6, 1966, 80 Stat. 1365.)
heading: Amendments
text: 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.
22 U.S.C. § 1643e (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643e. Offsets
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.
(Mar. 10, 1950, ch. 54, title V, § 506, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112; amended Pub. L. 89–262, § 4, Oct. 19, 1965, 79 Stat. 988.)
heading: Amendments
text: 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.
22 U.S.C. § 1643f (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643f. Action of Commission with respect to claims
(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.
(Mar. 10, 1950, ch. 54, title V, § 507, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112.)
22 U.S.C. § 1643g (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643g. Transfer of records
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.
(Mar. 10, 1950, ch. 54, title V, § 508, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112.)
22 U.S.C. § 1643h (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643h. Applicability of administrative provisions of subchapter I
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.
(Mar. 10, 1950, ch. 54, title V, § 509, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112.)
22 U.S.C. § 1643i (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643i. Time limitation on completion of affairs of Commission
The Commission shall complete its affairs in connection with the settlement of claims pursuant to this subchapter not later than July 6, 1972.
(Mar. 10, 1950, ch. 54, title V, § 510, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112; amended Pub. L. 89–780, § 5, Nov. 6, 1966, 80 Stat. 1365; Pub. L. 91–157, Dec. 24, 1969, 83 Stat. 435.)
heading: Amendments
text: 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”.
22 U.S.C. § 1643j (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643j. Authorization of appropriations
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.
(Mar. 10, 1950, ch. 54, title V, § 511, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113; amended Pub. L. 89–262, § 5, Oct. 19, 1965, 79 Stat. 988.)
heading: Amendments
text: 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.
22 U.S.C. § 1643k (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643k. Fees for services; limitation; penalty
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.
(Mar. 10, 1950, ch. 54, title V, § 512, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113.)
22 U.S.C. § 1643l (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643l. Determination of ownership of claims referred by district courts of the United States
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.
(Mar. 10, 1950, ch. 54, title V, § 514, as added Pub. L. 104–114, title III, § 303(b), Mar. 12, 1996, 110 Stat. 820.)
heading: Effective Date
text: Section effective Aug. 1, 1996, or date determined pursuant to suspension authority of President, see section 6085 of this title.
22 U.S.C. § 1643m (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643m. Exclusivity of Foreign Claims Settlement Commission certification procedure
(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.
(Mar. 10, 1950, ch. 54, title V, § 515, as added Pub. L. 104–114, title III, § 304, Mar. 12, 1996, 110 Stat. 821.)
heading: Effective Date
text: Section effective Aug. 1, 1996, or date determined pursuant to suspension authority of President, see section 6085 of this title.
22 U.S.C. § 1644a (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644a. Definitions
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.
(Mar. 10, 1950, ch. 54, title VI, § 601, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2509.)
heading: Transfer of Foreign Claims Settlement Commission of the United States as Separate Agency Within Department of Justice
text: 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.
22 U.S.C. § 1644b (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644b. Receipt and determination of claims; notice by publication in Federal Register
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.
(Mar. 10, 1950, ch. 54, title VI, § 602, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2510.)
22 U.S.C. § 1644c (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644c. Ownership of claims by nationals
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.
(Mar. 10, 1950, ch. 54, title VI, § 603, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2510.)
22 U.S.C. § 1644d (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644d. Claims based on ownership interest in or debt or other obligation owing by corporations or other legal entities
(a) Nationals of the United States; charge on property
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.
(Mar. 10, 1950, ch. 54, title VI, § 604, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2510.)
22 U.S.C. § 1644e (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644e. Offsets
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.
(Mar. 10, 1950, ch. 54, title VI, § 605, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2511.)
22 U.S.C. § 1644f (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644f. Consolidated awards
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.
(Mar. 10, 1950, ch. 54, title VI, § 606, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2511.)
22 U.S.C. § 1644g (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644g. Claims Fund; establishment; deductions
(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.
(Mar. 10, 1950, ch. 54, title VI, § 607, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2511.)
22 U.S.C. § 1644h (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644h. Certification of amounts; priority of payments
(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.
(Mar. 10, 1950, ch. 54, title VI, § 608, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2511.)
22 U.S.C. § 1644i (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644i. Time limitation on completion of affairs of Commission
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.
(Mar. 10, 1950, ch. 54, title VI, § 609, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512.)
22 U.S.C. § 1644j (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644j. Transfer of records
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.
(Mar. 10, 1950, ch. 54, title VI, § 610, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512.)
22 U.S.C. § 1644k (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644k. Authorization of appropriations
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.
(Mar. 10, 1950, ch. 54, title VI, § 611, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512.)
22 U.S.C. § 1644l (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644l. Fees for services; limitation; penalty
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.
(Mar. 10, 1950, ch. 54, title VI, § 612, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512.)
22 U.S.C. § 1644m (FOREIGN RELATIONS AND INTERCOURSE)
§ 1644m. Applicability of administrative provisions of subchapter I
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.
(Mar. 10, 1950, ch. 54, title VI, § 613, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512.)
22 U.S.C. § 1645 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645. Congressional declaration of purpose
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.
(Mar. 10, 1950, ch. 54, title VII, § 701, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3534.)