Title 22Foreign Relations and IntercourseRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Claims for losses tied to owning or being owed money by a company or other entity can only be considered under certain rules. If the entity was a U.S. national when the loss happened, ownership-based claims are not allowed. Debt claims against entities organized under U.S., state, District of Columbia, or Puerto Rico law are allowed only if the debt was secured by property that Vietnam seized. Direct ownership claims are allowed if the entity was not a U.S. national at the time of loss. Indirect ownership claims are allowed only if at least 25 percent of the entity was owned by U.S. nationals at the time of loss, or if U.S. nationals actually controlled the entity as the Commission decides. When a claim is allowed under those rules, the claim amount is the company’s total loss multiplied by the claimant’s ownership share at the time of the loss.

Full Legal Text

Title 22, §1645d

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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)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 22Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60