dreamproit/uscode huggingface dataset:
22 U.S.C. § 1631m (FOREIGN RELATIONS AND INTERCOURSE)
§ 1631m. Lien, attachment, garnishment, etc., of transferred property
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.
(Mar. 10, 1950, ch. 54, title II, § 214, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 570.)
22 U.S.C. § 1631n (FOREIGN RELATIONS AND INTERCOURSE)
§ 1631n. Penalties
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.
(Mar. 10, 1950, ch. 54, title II, § 215, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 570.)
22 U.S.C. § 1631o (FOREIGN RELATIONS AND INTERCOURSE)
§ 1631o. Eligibility for return of interest in property
(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.
(Mar. 10, 1950, ch. 54, title II, § 216, as added Pub. L. 90–421, § 1(7), July 24, 1968, 82 Stat. 421.)
heading: References in Text
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.
22 U.S.C. § 1641a (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641a. Claims funds
(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.
(Mar. 10, 1950, ch. 54, title III, § 302, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 571; amended Pub. L. 90–421, § 1(8), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, § 1(1), Oct. 20, 1974, 88 Stat. 1386.)
heading: Amendments
text: 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).
22 U.S.C. § 1641b (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641b. Claims of nationals of the United States against Bulgaria, Hungary, and Rumania
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.
(Mar. 10, 1950, ch. 54, title III, § 303, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 571; amended Pub. L. 90–421, § 1(9), (10), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, § 1(2), (3), Oct. 20, 1974, 88 Stat. 1386.)
heading: Amendments
text: 1974—Par. (5). Pub. L. 93–460, § 1(3), added par. (5).
1968—Par. (4). Pub. L. 90–421, § 1(10), added par. (4).
22 U.S.C. § 1641d (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641d. Claims of nationals of the United States against the Soviet Union
(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.
(Mar. 10, 1950, ch. 54, title III, § 305, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 572.)
22 U.S.C. § 1641f (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641f. Amount of award
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.
(Mar. 10, 1950, ch. 54, title III, § 307, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 573.)
22 U.S.C. § 1641g (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641g. Certification of awards
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.
(Mar. 10, 1950, ch. 54, title III, § 308, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 573.)
22 U.S.C. § 1641h (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641h. Funds for payment of claims
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.
(Mar. 10, 1950, ch. 54, title III, § 309, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 573.)
22 U.S.C. § 1641j (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641j. Claims by corporations or other legal entities
(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.
(Mar. 10, 1950, ch. 54, title III, § 311, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 573; amended Pub. L. 85–604, § 3(a), Aug. 8, 1958, 72 Stat. 531.)
heading: Amendments
text: 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.
heading: Reconsideration of Claims
text: Pub. L. 85–604, § 3(b), Aug. 8, 1958, 72 Stat. 531, 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].”
22 U.S.C. § 1641k (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641k. Prohibition against payment of award to collaborators or disloyal persons
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.
(Mar. 10, 1950, ch. 54, title III, § 312, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 574.)
22 U.S.C. § 1641l (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641l. Unpaid balance of claim; claims of United States unaffected
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.
(Mar. 10, 1950, ch. 54, title III, § 313, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 574.)
22 U.S.C. § 1641m (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641m. Finality of action of Commission
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.
(Mar. 10, 1950, ch. 54, title III, § 314, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 574.)
22 U.S.C. § 1641n (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641n. Appropriations
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.
(Mar. 10, 1950, ch. 54, title III, § 315, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 574.)
22 U.S.C. § 1641o (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641o. Time limitation on completion of affairs of Commission
(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.
(Mar. 10, 1950, ch. 54, title III, § 316, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 574; amended Pub. L. 90–421, § 1(14), July 24, 1968, 82 Stat. 423; Pub. L. 93–460, § 1(6), Oct. 20, 1974, 88 Stat. 1387.)
heading: Amendments
text: 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).
22 U.S.C. § 1641p (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641p. Fees of agents, attorneys, or representatives
(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.
(Mar. 10, 1950, ch. 54, title III, § 317, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 574.)
22 U.S.C. § 1641q (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641q. Applicability of administrative provisions of subchapter I
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.
(Mar. 10, 1950, ch. 54, title III, § 318, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 575.)
22 U.S.C. § 1642 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1642. Definitions
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.
(Mar. 10, 1950, ch. 54, title IV, § 401, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 527.)
heading: References in Text
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.
heading: Separability
text: Pub. L. 85–604, § 4, Aug. 8, 1958, 72 Stat. 531, 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.”
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.