Title 22, Foreign Relations and IntercourseRelease 119-110

§1643d Claims Based on Ownership Interest in or Debt or Other Obligations Owing by Corporations or Other Legal Entities

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

Last updated Sep 22, 2026|Official source

Summary

Sets rules for which claims tied to owning or lending to companies can be considered for payment. Claims based on owning part of a company that is itself a U.S. national cannot be considered. Claims based on debts owed by companies organized under U.S., State, D.C., or Puerto Rico law can be considered only if the debt is secured by property that the Government of Cuba or the Chinese Communist regime nationalized, expropriated, intervened in, or took. If you owned a company directly, your claim can be considered only if the company was not a U.S. national when the loss happened, no matter how big your share was. If your ownership was indirect, your claim can be considered only if at least 25 percent of the whole company was owned by U.S. nationals at the time of the loss. Any award is based on the company’s total loss and your share of ownership at the time of the loss.

Full Legal Text

Title 22, §1643d

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Nationals of the United States; charge on property
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)Direct ownership
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)Indirect ownership
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)Computation of award
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 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110