§1643b — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Commission must accept and decide claims from U.S. citizens for losses caused by the Cuban government or the Chinese Communist regime. It covers losses since January 1, 1959 for Cuba and since October 1, 1949 for China. Claims are for property taken by nationalization, expropriation, intervention, or other government actions, and can include rights or interests. The Commission will set a filing period by publishing a notice in the Federal Register. That notice must be published within 60 days after October 16, 1964 (for Cuba), or 60 days after November 6, 1966 (for China), or 60 days after any law that provides program funding — whichever date is later. The filing period cannot be more than 18 months. When valuing claims, the Commission will pick the fair method for the property, such as fair market value, book value, going concern value, or replacement cost. The Commission will also accept and decide claims for disability or death caused by those governments, using the same date ranges. Those claims must be filed within the same period set above or within six months after the claim first arose (as the Commission decides), whichever is later.

Title 22, §1643b

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Commission shall receive and determine in accordance with applicable substantive law, including international law, the amount and validity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising 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, for losses resulting from the nationalization, expropriation, intervention, or other taking of, or special measures directed against, property including any rights or interests therein owned wholly 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 specified by the Commission by notice published in the Federal Register (which period shall not be more than eighteen months after such publication) within sixty days after October 16, 1964, or sixty days after November 6, 1966, with respect to claims against the Chinese Communist regime, or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions with respect to each respective claims program authorized, under this subchapter, 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) going concern value, or (iv) cost of replacement.

(b)The Commission shall receive and determine in accordance with applicable substantive law, including international law, the amount and validity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising 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, for disability or death resulting from actions taken by or under the authority of the Government of Cuba, or the Chinese Communist regime, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1966—Subsec. (a). Pub. L. 89–780, § 3, empowered the Commission to receive claims against the Chinese Communist regime arising since

October 1, 1949, if such claims are submitted within such period of time specified by the Commission by notice published in the Federal Register, which notice is required to be published within 60 days after

November 6, 1966. Subsec. (b). Pub. L. 89–780, § 3(1), (2), provided for applicability of subsection to the Chinese Communist regime in the case of claims arising since

October 1, 1949. 1965—Subsec. (a). Pub. L. 89–262 struck out “arising 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 rendered or” after “Government of Cuba”.

§1643b Receipt of Claims; Determination of Amount and Validity

Summary

Title 22, §1643b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata