dreamproit/uscode huggingface dataset:
22 U.S.C. § 1645a (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645a. 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; and
(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;
(2) the term “Commission” means the Foreign Claims Settlement Commission of the United States;
(3) the term “property” means—
(A) any property, right, or interest, including any leasehold interest,
(B) any debt owed by Vietnam or by any enterprise which has been nationalized, expropriated, or otherwise taken by Vietnam, and
(C) any debt which is a charge on property which has been nationalized, expropriated, or otherwise taken by Vietnam;
(4) the term “Vietnam” means—
(A) the Government of the Socialist Republic of Vietnam,
(B) any predecessor governing authority operating in South Vietnam on or after April 29, 1975, including the Provisional Revolutionary Government of South Vietnam,
(C) the Government of the former Democratic Republic of Vietnam, and
(D) any political subdivision, agency, or instrumentality of any of the entities referred to in subparagraphs (A), (B), and (C); and
(5) the term “Claims Fund” means the special fund established in the Treasury of the United States composed of such sums as may be paid to or realized by the United States pursuant to the terms of any agreement settling those claims described in section 1645b of this title that may be entered into between the Governments of the United States and Vietnam.
(Mar. 10, 1950, ch. 54, title VII, § 702, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3534.)
22 U.S.C. § 1645b (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645b. 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 Vietnam arising on or after April 29, 1975, for losses incurred as a result of the nationalization, expropriation, or other taking of (or special measures directed against) property which, at the time of such nationalization, expropriation, or other taking, was owned wholly or partially, directly or indirectly, by nationals of the United States to whom no restoration or adequate compensation for such property has been made. 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 a period of two years beginning on the date of such publication) within sixty days after December 28, 1980, 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 VII, § 703, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3535.)
22 U.S.C. § 1645c (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645c. Ownership of claims by nationals
A claim may be favorably considered under section 1645b of this title only if 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 only to the extent that the claim 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 VII, § 704, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3535.)
22 U.S.C. § 1645d (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645d. Claims based on ownership interest in or debt or other obligation owing by corporations or other legal entities
(a) Nationals of United States; charge on property
A claim under section 1645b of this title based upon an ownership interest in any corporation, association, or other entity which is a national of the United States may not be considered. A claim under section 1645b 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 may be considered only if such debt or other obligation is a charge on property which has been nationalized, expropriated, or otherwise taken by Vietnam.
(b) Direct ownership
A claim under section 1645b of this title based upon a direct ownership interest in a corporation, association, or other entity may 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 1645b of this title based upon an indirect ownership interest in a corporation, association, or other entity may 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 or if, at the time of the loss, nationals of the United States in fact controlled the corporation, association, or entity, as determined by the Commission.
(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 the corporation, association, or other entity, with respect to which the claim is made, 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 VII, § 705, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3535.)
22 U.S.C. § 1645e (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645e. Offsets
In determining the amount of any claim under this subchapter, the Commission shall deduct all amounts the claimant has received from any source on account of the same loss or losses for which the claim is filed.
(Mar. 10, 1950, ch. 54, title VII, § 706, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3536.)
22 U.S.C. § 1645f (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645f. Certifications; assigned claims
(a) The Commission shall certify to each claimant who files a claim under this subchapter the amount determined by the Commission to be the loss 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 making that determination.
(b) In any case in which a claim under this subchapter is assigned by purchase before the Commission determines the amount due on that claim, the amount so determined shall not exceed the amount of actual consideration paid by the last such assignee.
(Mar. 10, 1950, ch. 54, title VII, § 707, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3536.)
22 U.S.C. § 1645g (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645g. Consolidated awards
With respect to any claim under section 1645b 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 to the award, which award shall indicate the respective interests of such claimants in the award, 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 VII, § 708, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3536.)
22 U.S.C. § 1645h (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645h. Claims Fund; establishment; deductions
(a) The Secretary of the Treasury may establish in the Treasury of the United States the Claims Fund for the payment of unsatisfied claims of nationals of the United States against Vietnam, as authorized by 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 as miscellaneous receipts.
(Mar. 10, 1950, ch. 54, title VII, § 709, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3536.)
22 U.S.C. § 1645i (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645i. Award payment procedures
(a) Certification of amounts
The Commission shall certify to the Secretary of the Treasury, in terms of United States currency, each award made pursuant to section 1645b of this title.
(b) Priority of payments
(1) Upon certification of each award made pursuant to section 1645b of this title, the Secretary of the Treasury shall, out of the sums covered into the Claims Fund, make payments on account of such awards as follows, and in the following order of priority:
(A) Payment in the amount of $2,500 or the principal amount of the award, whichever is less.
(B) 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 Claims Fund available for distribution at the time such payments are made.
(2) After payment has been made in full of the principal amounts of all awards pursuant to paragraph (1), pro rata payments may be made on account of any interest that may be allowed on such awards.
(c) Regulations
Payments or applications for payments under subsection (b) of this section shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe.
(Mar. 10, 1950, ch. 54, title VII, § 710, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3537.)
22 U.S.C. § 1645j (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645j. Settlement period
The Commission shall complete its affairs in connection with the settlement of claims pursuant to this subchapter not later than three years after the final date for the filing of claims as provided in section 1645b of this title.
(Mar. 10, 1950, ch. 54, title VII, § 711, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3537.)
22 U.S.C. § 1645k (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645k. Transfer of records
The Secretary of State, the Secretary of the Treasury, and the Secretary of Defense 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 VII, § 712, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3537.)
22 U.S.C. § 1645l (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645l. Authorization of appropriations
There are authorized to be appropriated for any fiscal year beginning on or after October 1, 1980, such sums as may be necessary to enable the Commission and the Treasury Department to pay their respective administrative expenses incurred in carrying out their functions under this subchapter. Amounts appropriated under this section may remain available until expended.
(Mar. 10, 1950, ch. 54, title VII, § 713, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3537.)
22 U.S.C. § 1645m (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645m. 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 claim. 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 VII, § 714, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3537.)
22 U.S.C. § 1645n (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645n. Applicability of other statutory provisions
(a) 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), and (h) of section 1623 of this title and subsections (c), (d), (e), and (f) of section 1626 of this title. Any reference in such provisions to “this subchapter” shall be deemed to be a reference to those provisions and to this subchapter.
(b) Except as otherwise provided in this subchapter and in those provisions of subchapter I of this chapter referred to in subsection (a) of this section, the Commission shall comply with the provisions of subchapter II of chapter 5, and the provisions of chapter 7, of title 5.
(Mar. 10, 1950, ch. 54, title VII, § 715, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3538.)
22 U.S.C. § 1645o (FOREIGN RELATIONS AND INTERCOURSE)
§ 1645o. Separability
If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, the remainder of this subchapter or the application of such provision to other persons or circumstances shall not be affected.
(Mar. 10, 1950, ch. 54, title VII, § 716, as added Pub. L. 96–606, Dec. 28, 1980, 94 Stat. 3538.)
22 U.S.C. § 1650 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1650. Appointments of representatives and panel members under Convention on the Settlement of Investment Disputes
The President may make such appointments of representatives and panel members as may be provided for under the convention.
(Pub. L. 89–532, § 2, Aug. 11, 1966, 80 Stat. 344.)
heading: References in Text
text: The convention, referred to in text, is the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States which was signed on Aug. 27, 1965, approved by the Senate on May 16, 1966, and ratified by the President on June 1, 1966.
heading: Short Title
text: Pub. L. 89–532, § 1, Aug. 11, 1966, 80 Stat. 344, provided: “That this Act [enacting this chapter] may be cited as the ‘Convention on the Settlement of Investment Disputes Act of 1966’.”
22 U.S.C. § 1650a (FOREIGN RELATIONS AND INTERCOURSE)
§ 1650a. Arbitration awards under the Convention
(a) Treaty rights; enforcement; full faith and credit; nonapplication of Federal Arbitration Act
An award of an arbitral tribunal rendered pursuant to chapter IV of the convention shall create a right arising under a treaty of the United States. The pecuniary obligations imposed by such an award shall be enforced and shall be given the same full faith and credit as if the award were a final judgment of a court of general jurisdiction of one of the several States. The Federal Arbitration Act (9 U.S.C. 1 et seq.) shall not apply to enforcement of awards rendered pursuant to the convention.
(b) Jurisdiction; amount in controversy
The district courts of the United States (including the courts enumerated in section 460 of title 28) shall have exclusive jurisdiction over actions and proceedings under subsection (a) of this section, regardless of the amount in controversy.
(Pub. L. 89–532, § 3, Aug. 11, 1966, 80 Stat. 344.)
heading: References in Text
text: Chapter IV of the convention, referred to in subsec. (a), contains the Arbitration provisions of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, providing in Section 1 (Art. 36) for Request for Arbitration, Section 2 (Arts. 37 to 40) for Constitution of the Tribunal, Section 3 (Arts. 41 to 47) for powers and functions of the tribunal, Section 4 (Arts. 48, 49) for The Award, Section 5 (Arts. 50 to 52) for interpretation, revision and annulment of the award, and Section 6 (Arts. 53 to 55) for recognition and enforcement of the award.
The Federal Arbitration Act, referred to in subsec. (a), is classified generally to Title 9, Arbitration.
22 U.S.C. § 1681, 1682 (FOREIGN RELATIONS AND INTERCOURSE)
§§ 1681, 1682. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(9)–(11), 68 Stat. 861
text: Section 1681, acts Oct. 10, 1951, ch. 479, title I, § 101, 65 Stat. 373; June 20, 1952, ch. 449, § 3, 66 Stat. 141; July 16, 1953, ch. 195, ch. VII, §§ 701(a), 703, 67 Stat. 155, 156, related to authorizations: amount, countries included; transfers between appropriations, notice to Congressional committees; and aid to Spain.
text: Section 1682, act Oct. 10, 1951, ch. 479, title V, § 102, as added July 16, 1953, ch. 195, ch. II, § 201(b), 67 Stat. 153, related to authorization for manufacture of military equipment in France and the United Kingdom.
text: See section 2151 et seq. of this title.
22 U.S.C. § 1691 to 1697 (FOREIGN RELATIONS AND INTERCOURSE)
§§ 1691 to 1697. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(9)–(11), 68 Stat. 861
text: Section 1691, acts Oct. 10, 1951, ch. 479, title II, § 201, 65 Stat. 374; June 20, 1952, ch. 449, § 4(a), 66 Stat. 142, related to military assistance to Greece, Turkey and Iran, and authorization of amount.
text: Section 1692, acts Oct. 10, 1951, ch. 479, title II, § 202, 65 Stat. 375; July 16, 1953, ch. 195, ch. VII, §§ 701(b), 704, 67 Stat. 155, 156, related to other assistance in area of Near East and Africa and amount available.
text: Section 1693, acts Oct. 10, 1951, ch. 479, title II, § 203, 65 Stat. 375; June 20, 1952, ch. 449, § 4(b), 66 Stat. 142, related to economic and technical assistance and authorization of amount.
text: Section 1694, act Oct. 10, 1951, ch. 479, title II, § 204, 65 Stat. 375, related to aid to Palestine refugees and amount available.
text: Section 1695, act Oct. 10, 1951, ch. 479, title II, § 205, 65 Stat. 375, related to aid to refugees coming into Israel and amount available.
text: Section 1696, act Oct. 10, 1951, ch. 479, title II, § 206, as added June 20, 1952, ch. 449, § 4(c), 66 Stat. 142; amended July 16, 1953, ch. 195, ch. V, § 501, 67 Stat. 154, related to special economic assistance.
text: Section 1697, act Oct. 10, 1951, ch. 479, title V, § 549, as added July 16, 1953, ch. 195, ch. VII, § 706(g), 67 Stat. 159, related to making of a survey of refugee situation in Near East, report and recommendations.
text: See section 2151 et seq. of this title.
22 U.S.C. § 1701 to 1705 (FOREIGN RELATIONS AND INTERCOURSE)
§§ 1701 to 1705. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(9)–(11), 68 Stat. 861
text: Section 1701, acts Oct. 10, 1951, ch. 479, title III, § 301, 65 Stat. 375; June 20, 1952, ch. 449, § 5(a), 66 Stat. 142, related to authorization of amount for military assistance in general area of China, and Republics of Philippines and Korea.
text: Section 1702, acts Oct. 10, 1951, ch. 479, title III, § 302(a), 65 Stat. 376; June 20, 1952, ch. 449, § 5(b), 66 Stat. 142; July 16, 1953, ch. 195, ch. VII, § 705, 67 Stat. 156, related to authorization of amount for economic and technical assistance in general area of China and Republics of Philippines and Korea.
text: Section 1703, acts Oct. 10, 1951, ch. 579, title III, § 303, 65 Stat. 376; June 20, 1952, ch. 449, § 5(d)–(g), 66 Stat. 143; July 16, 1953, ch. 195, ch. VI, § 605, 67 Stat. 155, related to rehabilitation of Korea.
text: Section 1704, act Oct. 10, 1951, ch. 479, title III, § 304, as added July 16, 1953, ch. 195, ch. II, § 201(c), 67 Stat. 153, related to authorization of amount for aid to forces of French Indo-China.
text: Section 1705, act Oct. 10, 1951, ch. 479, title III, § 302(b), as added July 16, 1953, ch. 195, ch. V, § 502, 67 Stat. 154, related to authorization of amount for economic assistance to India and Pakistan.
text: See section 2151 et seq. of this title.
22 U.S.C. § 1711 to 1713 (FOREIGN RELATIONS AND INTERCOURSE)
§§ 1711 to 1713. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(9), (10), 68 Stat. 861
text: Section 1711, act Oct. 10, 1951, ch. 479, title IV, § 401, 65 Stat. 377, related to authorization of amount for military assistance.
text: Section 1712, acts Oct. 10, 1951, ch. 479, title IV, § 402, 65 Stat. 377; June 20, 1952, ch. 449, § 6, 66 Stat. 143, related to authorization of amount for technical assistance.
text: Section 1713, act Oct. 10, 1951, ch. 479, title IV, § 403, as added June 20, 1952, ch. 449, § 6, 66 Stat. 143, related to additional appropriations for Latin American countries
text: See section 2151 et seq. of this title.
22 U.S.C. § 1731 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1731. Protection to naturalized citizens abroad
All naturalized citizens of the United States while in foreign countries are entitled to and shall receive from this Government the same protection of persons and property which is accorded to native-born citizens.
(R.S. § 2000.)
heading: Codification
text: R.S. § 2000 derived from Act July 27, 1868, ch. 249, § 2, 15 Stat. 224.
Section was formerly classified to section 903a of Title 8, Aliens and Nationality.
heading: Equitable Treatment by United States of Its Citizens Living Abroad
text: Pub. L. 95–426, title VI, § 611, Oct. 7, 1978, 92 Stat. 989, as amended by Pub. L. 96–60, title IV, § 407, Aug. 15, 1979, 93 Stat. 405; Pub. L. 97–241, title V, § 505(a)(2), (b)(1), Aug. 24, 1982, 96 Stat. 299, provided that:
“The Congress finds that—
“(1) United States citizens living abroad should be provided fair and equitable treatment by the United States Government with regard to taxation, citizenship of progeny, veterans’ benefits, voting rights, Social Security benefits, and other obligations, rights, and benefits; and
“(2) United States statutes and regulations should be designed so as not to create competitive disadvantage for individual American citizens living abroad or working in international markets.”
22 U.S.C. § 1732 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1732. Release of citizens imprisoned by foreign governments
Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war and not otherwise prohibited by law, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.
(R.S. § 2001; Pub. L. 101–222, § 9, Dec. 12, 1989, 103 Stat. 1900.)
heading: Codification
text: R.S. § 2001 derived from act July 27, 1868, ch. 249, § 3, 15 Stat. 224.
Section was formerly classified to section 903b of Title 8, Aliens and Nationality.
heading: Amendments
text: 1989—Pub. L. 101–222 inserted “and not otherwise prohibited by law” after “acts of war”.
heading: Release of American Hostages in Iran
text: For Executive Order provisions relating to the release of the American hostages in Iran, see Ex. Ord. Nos. 12276 to 12285, Jan. 19, 1981, 46 F.R. 7913 to 7932, listed in a table under section 1701 of Title 50, War and National Defense.