A bill to amend the International Claims Settlement Act of 1949 to allow recovery by United States nationals for losses incurred in Vietnam.
PL 96-606 (H.R.5737), enacted 12/28/1980

94 STAT. 3534 
PUBLIC LAW 96-606—DEC. 28, 1980 
Dec. 28, 1980 
[H.R. 5737] 
International 
Claims 
Settlement Act 
of 1949, 
amendment. 
Public Law 96-606 
96th Congress 
An Act 
To amend the International Claims Settlement Act of 1949 to allow recovery by 
United States nationals for losses incurred in Vietnam. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Interna-
tional Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) is 
amended by adding at the end thereof the following new title: 
"TITLE VII 
PURPOSE OF TITLE 
22 use 1645. 
"SEC. 701. It is the purpose of this title to provide for the determina-
tion 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 title 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. 
"DEFINITIONS 
22 use 1645a. 
"SEC. 702. As used in this title— 
"(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 outstand-
ing capital stock or other beneficial interest of such corpora-
tion or entity; 
"(2) the term 'Commission' means the Foreign Claims Settle-
ment Commission of the United States; 
"(3) the term 'property' means— 
"(A) any property, right, or interest, including any lease-
hold 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, 
PUBLIC LAW 96-606—DEC. 28, 1980 
94 STAT. 3535 
"(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 
703 that may be entered into between the Governments of the 
United States and Vietnam. 
Infra. 
RECEIPT AND DETERMINATION OF CLAIMS 
"SEC. 703. The Commission shall receive and determine in accord- 22 use I645b. 
ance 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 the date of the enactment of this title or of legislation making 
appropriations to the Commission for payment of administrative 
expenses incurred in carrying out its functions under this title, 
whichever date is later. 
Notice; 
publication in 
Federal 
Register. 
OWNERSHIP OP CLAIMS 
"SEC. 704. A claim may be favorably considered under section 703 of 
this Act 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. 
"CORPORATE CLAIMS 
"SEC. 705. (a) A claim under section 703 of this Act 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 703 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) A claim under section 703 based upon a direct ownership 
interest in a corporation, association, or other entity may be consid-
ered, subject to the other provisions of this title, 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. 
22 u s e 1645c. 
Supra. 
22 u s e 1645d. 
Supra. 
94 STAT. 3536 
PUBLIC LAW 96-606—DEC. 28, 1980 
Ante, p. 3535. 
"(c) A claim under section 703 based upon an indirect ownership 
interest in a corporation, association, or other entity may be consid-
ered, subject to the other provisions of this title, 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 corpora-
tion, association, or entity, as determined by the Commission. 
"(d) The amount of any claim covered by subsection Ot)) 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. 
"OFFSETS 
22 use I645e. 
"SEC. 706. In determining the amount of any claim under this title, 
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. 
"CERTIFICATION; ASSIGNED CLAIMS 
22 use I645f. 
"SEC. 707. (a) The Commission shall certify to each claimant who 
files a claim under this title the amount determined by the Commis-
sion to be the loss suffered by the claimant which is covered by this 
title. 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. 
"0?) In any case in which a claim under this title 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. 
"CONSOLIDATED AWARDS 
22 use I645g. 
"SEC. 708. With respect to any claim under section 703 of this Act 
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 pay-
ments that may be made under this title in all respects as if the 
award had been in favor of a single person. 
CLAIMS F U N D 
22 use I645h. 
"SEC. 709. (a) The Secretary of the Treasury may establish in the 
Establishment. 
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 title. 
"(h) 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 Depart-
ment in the administration of this title. The amounts so deducted 
shall be covered into the Treasury as miscellaneous receipts. 
PUBLIC LAW 96-606—DEC. 28, 1980 
94 STAT. 3537 
AWARD PAYMENT PROCEDURES 
"SEC. 710. (a) The Commission shall certify to the Secretary of the 22 use I645i. 
Treasury, in terms of United States currency, each award made 
pursuant to section 703 of this Act. 
^"^^' P ^^^5-
"0))(1) Upon certification of each award made pursuant to section 
703, 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 propor-
tions, 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) Payments or applications for payments under subsection (b) 
shall be made in accordance with such regulations as the Secretary of 
the Treasury may prescribe. 
"SETTLEMENT PERIOD 
"SEC. 711. The Commission shall complete its affairs in connection 22 use I645j. 
with the settlement of claims pursuant to this title not later than 
three years after the final date for the filing of claims as provided in 
section 703 of this Act. 
TRANSFER OF RECORDS 
"SEC. 712. 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 title as may be required by the Commission 
in carrying out its functions under this title. 
22 u s e 1645k. 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 713. There are authorized to be appropriated for any fiscal 22 use 1645/. 
year beginning on or after October 1, 1980, such sums £is 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 title. Amounts appropriated under this 
section may remain available until expended. 
FEES FOR SERVICES 
"SEC. 714. No remuneration on account of services rendered on 22 use I645m. 
behalf of any claimant, in connection with any claim filed with the 
Commission under this title, shall exceed 10 per centum of the total 
amount paid pursuant to any award certified under the provisions of 
this title on account of such claim. Any agreement to the contrary 
shall be unlawful and void. Whoever, in the United States or Violation 
elsewhere, demands or receives, on account of services so rendered, penalty. 
any remuneration in excess of the m£iximum permitted by this 
section shall be guilty of a misdemeanor and, upon conviction thereof, 
94 STAT. 3538 
PUBLIC LAW 96-606—DEC. 28, 1980 
shall be fined not more than $5,000 or imprisoned not more than 
twelve months, or both. 
"APPLICATION OF OTHER PROVISIONS OF THE ACT 
22 use I645n. 
"SEC. 715. (a) To the extent they are not inconsistent with the 
22 use 1621. 
provisions of this title, the following provisions of title I of this Act 
shall be applicable to this title: subsections Ot)), (c), (d), (e), and (h) of 
22 use 1623, 
section 4 and subsections (c), (d), (e), and (f) of section 7. Any reference 
^^^^- 
in such provisions to 'this title' shall be deemed to be a reference to 
those provisions and to this title. 
"(b) Except as otherwise provided in this title and in those provi-
sions of title I referred to in subsection (a), the Commission shall 
comply with the provisions of subchapter II of chapter 5, and the 
5 use 551, 701 
provisions of chapter 7, of title 5, United States Code. 
et seq. 
"SEPARABILITY 
22 use i645o. 
"SEC. 716. If any provision of this title or the application thereof to 
any person or circumstances is held invalid, the remainder of this 
title or the application of such provision to other persons or circum-
stances shall not be affected.". 
Approved December 28, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-915 (eomm. on Foreign Affairs). 
eONGRESSIONAL REeORD, Vol. 126 (1980): 
May 5, considered and passed House. 
Dec. 15, considered and passed Senate.