An Act to amend the International Claims Settlement Act of 1949 to provide for the determination of the amounts of claims of nationals of the United States against the Government of Cuba
PL 88-666 (H.R.12259), enacted 10/16/1964

1110 
PUBLIC LAW 88-666-OCT. 16, 1964 
[78 STAT. 
October 16, 1964 
[H.R. 12259] 
International 
Claims Settlement 
Act, amendment. 
64 Stat. 12; 
72 Stat. 527. 
22 u s e 1621 
note. 
Public Law 88-666 
AN ACT 
To amend the International Claims Settlement Act of 1949 to provide for the 
determination of the amounts of claims of nationals of the United States 
against the Government of Cuba. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assembled., That the Inter-
national Claims Settlement Act of 1949 is amended by adding at the 
end thereof the following new title: 
"TITLE V 
u 
Cuba. 
Claims of U.S. 
nationals. 
PURPOSE OF TPPLE 
"SEC. 501. It is the purpose of this title to provide for the determi-
nation of the amount and validity of claims against the Government 
of Cuba 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 which have arisen since January 1,1959, out of nationali-
zation, 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, in order to obtain information concerning the total amount of 
such claims against the Government of Cuba on oehalf of nationals of 
the United States. 
This title shall not be construed as authorizing 
an appropriation or as any intention to authorize an appropriation 
for the purpose of paying such claims. 
u 
DEFINITIONS 
"SEC. 502. For the purposes of this title: 
"(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 Common-
wealth of Puerto Kico, 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 by enterprises which have been nationalized, expropriated, 
intervened, or taken by the Government of Cuba and debts which 
are a charge on property which has been nationalized, expropriated, 
intervened, or taken oy the Government of Cuba. 
"(4) The term 'Government of Cuba' includes the government of 
any political subdivision, agency, or instrumentality thereof. 
« 
RECEIPT OF CLAIMS 
"SEC. 503. (a) The Commission shall receive and determine in ac-
cordance with applicable substantive law, including international 
law, the amount and validity of claims by nationals of the United 
States against the Government of Cuba arising out of debts for mer-
chandise furnished or services rendered by nationals of the United 
Publication in 
Federal Register. 
78 STAT. ] 
PUBLIC LAW 88-666-OCT. 16, 1964 
1111 
States without regard to tlie date on wliicli such merchandise was 
furnished or services were rendered or arising since January 1, 1959, 
for losses resulting from the nationalization, expropriation, interven-
tion, or other taking of, or special measures directed against, property 
including any rights or interests therein owned w^hoUy or partially, 
directly or indirectly at the time by nationals of the United States, if 
such claims are submitted to the Commission within such period speci-
fied by the Commission by notice published in the Federal Register 
(which period shall not be more than eighteen months after such pub-
lication) within sixty days after 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. 
In making the determination with 
respect to the validity and amount of claims and value of properties, 
rights, or interests taken, the Commission shall take into account the 
basis of valuation most appropriate to the property and equitable to 
the claimant, including but not limited to, (i) fair market value, (ii) 
book value, (iii) goin^ concern value, or (iv) cost of replacement. 
"(b) The Commission shall receive and determine in accordance 
w^th applicable substantive law, including international law, the 
amount and validity of claims by nationals of the United States 
against the Government of Cuba arising since January 1, 1959, for 
disability or death resulting from actions taken by or imder the au-
thority of the Government of Cuba, if such claims are submitted to the 
Commission within the period established by the Commission under 
subsection (a), or within six months after the date the claims first 
arose (as determined by the Commission), whichever date last occurs. 
"OWNERSHIP OF CLAIMS 
"SEC. 504. (a) A claim shall not be considered under section 503(a) 
of this title unless the property on which the claim was based was 
owned wholly or partially, directly or indirectly by a national of the 
United States on the date of the loss and if considered shall be con-
sidered only to the extent the claim has been held by one or more 
nationals of the United States continuously thereafter until the date 
of filing with the Commission. 
"(b) A claim for disability under section 503(b) may be considered 
if it is filed by the disabled person or by his successors in interest; and 
a claim for death under section 503(b) may be considered if filed by 
the personal representative of decedent's estate or by a person or 
persons for pecuniary losses and damage sustained on account of 
such death. 
A claim shall not be considered under this section unless 
the disabled or deceased person was a national of the United States 
at the time of injury or death and if considered, shall be considered 
only to the extent the claim has been held by a national or nationals 
of the United States continuously until the date of filing with the 
Commission. 
"CORPORATE CLAIMS 
"SEC. 505. (a) A claim under section 503(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. 
"(b) A claim under section 503(a) of this title ba^d upon a direct 
ownership interest in a corporation, association, or other entity for 
loss shall be considered, 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. 
^ 
31-667 0-65—73 
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PUBLIC LAW 88-666-OCT. 16, 1964 
[78 STAT. 
"(c) A claim under section 503(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 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. 
"(d) 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. 
"OFFSETS 
"SEC. 506. 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: Provided^ 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. 
(( 
ACTION OF COMMISSION WITH RESPECT TO CLAIMS 
"SEC. 507. (a) The Commission shall certify to each individual who 
has filed a claim under this title the amount determined by the Com-
mission to be the loss or damage 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 reaching its decision. 
"(b) 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 con-
sideration paid by such assignee, or in case of successive assignments 
of a claim by any assignee. 
( i TRANSFER OF RECORDS 
"SEC. 508. The Secretary of State 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. 
(( 
APPLICATION OF OTHER LAWS 
"SEC. 509. To the extent they are not inconsistent with the provi-
64 Stat. 12. 
sions of this title, the following provisions of title I of this Act shall 
be applicable to this title: Subsections (b), (c), (d), (e), (h),and (j) 
of section 4; subsection (f) of section 7. 
"SETTLEMENT PERIOD 
"SEC. 510. The Commission shall complete its affairs in connection 
with the settlement of claims pursuant to this title not later than 
three years following the final date for the filing of claims as provided 
in section 503(a) of this title or following the enactment of legislation 
making appropriations to the Commission for payment of adminis-
trative expenses incurred in carrying out its functions under this title, 
whichever date is later. 
78 STAT. ] 
PUBLIC LAW 88-666-OCT. 16, 1964 
1113 
"APPROPRIATIONS AND VESTING AND LIQUIDATION OF CUBAN PROPERTY 
"SEC. 511. (a) There are hereby authorized to be appropriated 
such sums, not to exceed the aggregate amount of the net proceeds 
realized from the sale or liquidation of the property of the Govern-
ment of Cuba pursuant to subsection (b) oi this section, as may be 
necessary to enable the Commission and the Treasury Department to 
pay administrative expenses incurred in carrying out their functions 
under this title. 
"(b) Any property of the Government of Cuba which was blocked 
in accordance with the Cuban assets control regulations, July 8, 1963 
(31 C.F.K., part 515, et seq.), and which remains so blocked six months 
following the date of enactment of this title shall vest in such officer 
or agency as the President may from time to time designate upon such 
terms as the President or his designee shall direct. 
Such property 
shall be sold or otherwise liquidated as expeditiously as possible after 
vesting under such rules and regulations as the President or his desig-
nee may prescribe. So much of the net proceeds remaining upon com-
pletion of the liquidation thereof as may be necessary shall be used 
to reimburse the Government of the United States for expenses 
incurred by the Commission and by the Treasury Department m the 
administration of this title. Any proceeds remaining thereafter shall 
be covered into the Treasury to the credit of miscellaneous receipts. 
u 
FEES FOR SERVICES 
"SEC. 512. No remuneration on account of any services rendered on 
behalf of any claimant in connection with any claim filed with the 
Commission under this title shall exceed 10 per centum of so much 
of the total amount of such claim, as determined under this title, 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 remunera-
tion in excess of the maximum permitted by this section, snail be fined 
not more than $5,000 or imprisoned not more than twelve months, or 
both. 
"SEPARABILITY 
"SEC. 513. If any provision of this Act, 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 cir-
cumstances, shall not be affected." 
Approved October 16, 1964.