dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.
22 U.S.C. § 1642a (FOREIGN RELATIONS AND INTERCOURSE)
§ 1642a. Financial provisions
(a) Deposit of proceeds of certain property
The Secretary of the Treasury is directed to hold, in an account in the Treasury of the United States, the net proceeds of the sale of certain Czechoslovakian steel mill equipment heretofore blocked and sold in the United States by order of the Secretary of the Treasury under authority of Executive Order Numbered 9193, dated July 6, 1942 (7 F.R. 5205, July 9, 1942).
(b) Creation of Czechoslovakian Claims Fund
There is created in the Treasury of the United States a fund to be designated the Czechoslovakian Claims Fund, for the payment of unsatisfied claims of nationals of the United States against Czechoslovakia as authorized in this subchapter.
(c) Voluntary settlement and payment of claims of nationals of the United States
If, within one year following August 8, 1958, the Government of Czechoslovakia voluntarily settles with and pays to the Government of the United States a sum in payment of claims of United States nationals against Czechoslovakia, all moneys held pursuant to subsection (a) of this section shall be disposed of in accordance with the terms of the settlement agreement with Czechoslovakia and applicable provisions of this subchapter and the sum paid by Czechoslovakia shall be covered into the Czechoslovakian Claims Fund.
(d) Deposit of net proceeds into Fund
Upon the expiration of one year after August 8, 1958 if no settlement with Czechoslovakia of the type specified in subsection (c) of this section has occurred, all moneys held pursuant to subsection (a) of this section except amounts held in reserve pursuant to section 1642b of this title, shall be covered into the Czechoslovakian Claims Fund.
(e) Deductions for expenses
The Secretary of the Treasury shall deduct from the Czechoslovakian 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. The amount so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.
(f) Disposition of balance of Fund
After the deduction for administrative expenses pursuant to subsection (e) of this section, and after payment of awards certified pursuant to section 1642i of this title, the balance remaining in the Fund, if any, shall be paid to Czechoslovakia in accordance with instructions to be provided by the Secretary of State.
(Mar. 10, 1950, ch. 54, title IV, § 402, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 527.)
heading: Editorial Notes
heading: References in Text
text: Executive Order Numbered 9193, dated July 6, 1942 (7 F.R. 5205, July 9, 1942), referred to in subsec. (a), is Ex. Ord. No. 9193, July 6, 1942, 7 F.R. 5205, which amended Ex. Ord. No. 9095, formerly set out under section 6 of the former Appendix to Title 50, War and National Defense, which was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
22 U.S.C. § 1642b (FOREIGN RELATIONS AND INTERCOURSE)
§ 1642b. Claims against United States; jurisdiction; limitation; preference; reserve fund
No judicial relief or remedy shall be available to any person asserting a claim against the United States or any officer or agent thereof with respect to any action taken under this subchapter, or any other claim for or on account of the property or proceeds described in section 1642a of this title, or for any other action taken with respect thereto except to the extent that the action complained of constitutes a taking of private property without just compensation, and to such extent the sole judicial relief and remedy available shall be an action brought against the United States in the United States Court of Federal Claims which action must be brought within one year of August 8, 1958, or it shall be forever barred; and any action so brought shall receive a preference over all actions which themselves are not given preference by statute. No other court shall have original jurisdiction to consider any such claim by mandamus or otherwise. If any action is brought pursuant to this section the Secretary of the Treasury shall set aside an appropriate reserve in the account containing the moneys held pursuant to subsection (a) of section 1642a of this title. Such reserve shall be retained pending a final determination of all issues raised in the action and recovery in any such action shall be limited to and paid out of the moneys so reserved. After a final determination of all issues raised in the action and payment of any judgment against the United States entered pursuant thereto, any balance no longer required to be held in reserve shall be disposed of in accordance with the provisions of subsection (d) of section 1642a of this title. Nothing in this section shall be construed to create (1) any liability against the United States for any action taken pursuant to section 1642c of this title, (2) any liability against the United States in favor of the Government of Czechoslovakia, any agency or instrumentality thereof or any person who is an assignee or successor in interest thereto, or (3) any other liability against the United States.
(Mar. 10, 1950, ch. 54, title IV, § 403, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528; amended Pub. L. 97–164, title I, § 161(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1982—Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1982 Amendment
text: Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
22 U.S.C. § 1643 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643. Congressional declaration of purpose
It is the purpose of this subchapter to provide for the determination of the amount and validity of claims against the Government of Cuba, or the Chinese Communist regime, which have arisen since January 1, 1959, in the case of claims against the Government of Cuba, or since October 1, 1949, in the case of claims against the Chinese Communist regime, out of nationalization, expropriation, intervention, or other takings of, or special measures directed against, property of nationals of the United States, and claims for disability or death of nationals of the United States arising out of violations of international law by the Government of Cuba, or the Chinese Communist regime, in order to obtain information concerning the total amount of such claims against the Government of Cuba, or the Chinese Communist regime, on behalf of nationals of the United States. This subchapter shall not be construed as authorizing an appropriation or as any intention to authorize an appropriation for the purpose of paying such claims.
(Mar. 10, 1950, ch. 54, title V, § 501, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89–262, § 1, Oct. 19, 1965, 79 Stat. 988; Pub. L. 89–780, § 1, Nov. 6, 1966, 80 Stat. 1365.)
heading: Editorial Notes
heading: Amendments
text: 1966—Pub. L. 89–780 provided for applicability of section to the Chinese Communist regime in the case of claims which have arisen since October 1, 1949.
1965—Pub. L. 89–262 struck out “which have arisen out of debts for merchandise furnished or services rendered by nationals of the United States without regard to the date on which such merchandise was furnished or services were rendered or” after “Government of Cuba” in first sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Separability
text: Act Mar. 10, 1950, ch. 54, title V, § 513, as added by Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113, provided that: “If any provision of this Act [enacting this subchapter], 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.”
22 U.S.C. § 1643a (FOREIGN RELATIONS AND INTERCOURSE)
§ 1643a. Definitions
For the purposes of this subchapter:
(1) The term “national of the United States” means (A) a natural person who is a citizen of the United States, or (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 the Government of Cuba or the Chinese Communist regime or by enterprises which have been nationalized, expropriated, intervened, or taken by the Government of Cuba or the Chinese Communist regime and debts which are a charge on property which has been nationalized, expropriated, intervened, or taken by the Government of Cuba or the Chinese Communist regime.
(4) The term “Government of Cuba” includes the government of any political subdivision, agency, or instrumentality thereof.
(5) The term “Chinese Communist regime” means the so-called Peoples Republic of China, including any political subdivision, agency, or instrumentality thereof.
(Mar. 10, 1950, ch. 54, title V, § 502, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89–780, § 2, Nov. 6, 1966, 80 Stat. 1365.)
heading: Editorial Notes
heading: Amendments
text: 1966—Par. (3). Pub. L. 89–780, § 2(1), inserted reference to the Chinese Communist regime in three places.
Par. (5). Pub. L. 89–780, § 2(2), added par. (5).
heading: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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. § 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: Statutory Notes and Related Subsidiaries
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), 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) 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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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’.”