Title 22, Foreign Relations and IntercourseRelease 119-110

§1645d Claims Based on Ownership Interest in or Debt or Other Obligation Owing by Corporations or Other Legal Entities

Title 22 › CHAPTER 21 — SETTLEMENT OF INTERNATIONAL CLAIMS › SUBCHAPTER VII — CLAIMS AGAINST VIETNAM › § 1645d

Last updated Sep 22, 2026|Official source

Summary

Decides which claims based on owning part of, or being owed money by, a company can be reviewed and how any award is figured. A claim for owning part of a company that is a U.S. national cannot be considered. A claim based on a debt owed by a company formed under U.S. law can be considered only if the debt was a charge on property that Vietnam nationalized, expropriated, or otherwise took. A direct ownership claim can be considered if the company was not a U.S. national when the loss happened, regardless of the owner’s percent, and still must meet the other rules in this subchapter. An indirect ownership claim can be considered only if at least 25% of the company was owned by U.S. nationals at the time of loss or if U.S. nationals actually controlled it, as the Commission decides. Awards for direct or indirect claims are the company’s total loss multiplied by the claimant’s ownership share at the time of loss.

Full Legal Text

Title 22, §1645d

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Nationals of United States; charge on property
A claim under section 1645b of this title based upon an ownership interest in any corporation, association, or other entity which is a national of the United States may not be considered. A claim under section 1645b 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 may be considered only if such debt or other obligation is a charge on property which has been nationalized, expropriated, or otherwise taken by Vietnam.
(b)Direct ownership
A claim under section 1645b of this title based upon a direct ownership interest in a corporation, association, or other entity may 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 1645b of this title based upon an indirect ownership interest in a corporation, association, or other entity may 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 or if, at the time of the loss, nationals of the United States in fact controlled the corporation, association, or entity, as determined by the Commission.
(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 the corporation, association, or other entity, with respect to which the claim is made, 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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 1645d

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110