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Title 22, Foreign Relations and IntercourseRelease 119-110

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

Title 22 › CHAPTER 21 — SETTLEMENT OF INTERNATIONAL CLAIMS › SUBCHAPTER V — CLAIMS AGAINST CUBA AND CHINA › § 1643b

Last updated Sep 22, 2026|Official source

Summary

The Commission must take and decide claims by U.S. citizens against the Government of Cuba or the Chinese Communist regime for property that was nationalized, expropriated, seized, or otherwise taken. Claims vs. Cuba must have happened on or after January 1, 1959. Claims vs. the Chinese Communist regime must have happened on or after October 1, 1949. The Commission will decide validity and how much is owed under the relevant U.S. and international law. People must file within the time window the Commission sets by publishing a notice in the Federal Register. That notice must be published within 60 days after October 16, 1964, or within 60 days after November 6, 1966 for Chinese-regime claims, or within 60 days after Congress provides funds for the program, whichever is later. The filing window cannot be more than 18 months after that notice. When valuing property, the Commission may use fair market value, book value, going-concern value, replacement cost, or another fair method. The Commission must also take and decide claims for disability or death caused by actions of those governments, with the same starting dates. Those claims must be filed either within the filing period set above or within 6 months after the claim first arose (as the Commission determines), whichever is later.

Full Legal Text

Title 22, §1643b

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Claims for property loss
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)Claims for disability or death
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.

Legislative History

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”.

Reference

Citations & Metadata

Citation

22 U.S.C. § 1643b

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110