Title 22Foreign Relations and IntercourseRelease 119-73

§1643d Claims based on ownership interest in or debt or other obligations owing by corporations or other legal entities

Title 22 › Chapter CHAPTER 21— - SETTLEMENT OF INTERNATIONAL CLAIMS › Subchapter SUBCHAPTER V— - CLAIMS AGAINST CUBA AND CHINA › § 1643d

Last updated Apr 6, 2026|Official source

Summary

Decide whether a claim about owning part of, or being owed money by, a company based on who the company is and what happened to its property. Ownership claims in a company that is a U.S. national are not considered. A claim about a debt owed by a company organized under U.S. law is considered only if the debt is a charge on property that the Government of Cuba or the Chinese Communist regime nationalized, expropriated, intervened in, or took. A direct ownership claim is considered if the company was not a U.S. national on the date of the loss, no matter how big the claimant’s share was. An indirect ownership claim is considered only if at least 25 percent of the whole company was owned by U.S. nationals when the loss happened. The claim amount equals the company’s total loss multiplied by the claimant’s ownership share at the time of loss.

Full Legal Text

Title 22, §1643d

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 1643d

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73