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22 U.S.C. § 1643 — Congressional declaration of purpose
Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to provide for the determination of the amount and validity of claims against the Government of Cuba, or the Chinese Communist regime, which have arisen 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, out of nationalization, expropriation, intervention, or other takings of, or special measures directed against, property of nationals of the United States, and claims for disability or death of nationals of the United States arising out of violations of international law by the Government of Cuba, or the Chinese Communist regime, in order to obtain information concerning the total amount of such claims against the Government of Cuba, or the Chinese Communist regime, on behalf of nationals of the United States. This subchapter shall not be construed as authorizing an appropriation or as any intention to authorize an appropriation for the purpose of paying such claims.
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Source file: Laws/federal/codes/united-states-code/title-22/section-1643-congressional-declaration-of-purpose--bded236717.md
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Source location: Title 22, Chapter 21, § 1643; chapter-021-settlement-of-international-claims.md
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It is the purpose of this subchapter to provide for the determination of the amount and validity of claims against the Government of Cuba, or the Chinese Communist regime, which have arisen 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, out of nationalization, expropriation, intervention, or other takings of, or special measures directed against, property of nationals of the United States, and claims for disability or death of nationals of the United States arising out of violations of international law by the Government of Cuba, or the Chinese Communist regime, in order to obtain information concerning the total amount of such claims against the Government of Cuba, or the Chinese Communist regime, on behalf of nationals of the United States. This subchapter shall not be construed as authorizing an appropriation or as any intention to authorize an appropriation for the purpose of paying such claims.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Evidence of ownership**
(1) **Conclusiveness of certified claims** — In any action brought under this subchapter, the court shall accept as conclusive proof of ownership of an interest in property a certification of a claim to ownership of that interest that has been made by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 ([22 U.S.C. 1643](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643&num=0&edition=prelim) and following).
(2) **Claims not certified** — If in an action under this subchapter a claim has not been so certified by the Foreign Claims Settlement Commission, the court may appoint a special master, including the Foreign Claims Settlement Commission, to make determinations regarding the amount and ownership of the claim. Such determinations are only for evidentiary purposes in civil actions brought under this subchapter and do not constitute certifications under title V of the International Claims Settlement Act of 1949.
(3) **Effect of determinations of foreign or international entities** — In determining the amount or ownership of a claim in an action under this subchapter, the court shall not accept as conclusive evidence any findings, orders, judgments, or decrees from administrative agencies or courts of foreign countries or international organizations that declare the value of or invalidate the claim, unless the declaration of value or invalidation was found pursuant to binding international arbitration to which the United States or the claimant submitted the claim.
**(b) Omitted**
**(c) Rule of construction** Nothing in this chapter or in section 514 of the International Claims Settlement Act of 1949 [[22 U.S.C. 1643](https://uscode.house.gov/view.xhtml?
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6021
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the following terms have the following meanings:
(1) **Agency or instrumentality of a foreign state** — The term “agency or instrumentality of a foreign state” has the meaning given that term in [section 1603(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/b&num=0&edition=prelim).
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(3) **Commercial activity** — The term “commercial activity” has the meaning given that term in [section 1603(d) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/d&num=0&edition=prelim).
(4) **Confiscated** — As used in subchapters I and III, the term “confiscated” refers to—
(A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after January 1, 1959—
(i) without the property having been returned or adequate and effective compensation provided; or
(ii) without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and
(B) the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay, on or after January 1, 1959—
(i) a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;
(ii) a debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cu
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6033
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil remedy**
(1) **Liability for trafficking**
(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this subchapter, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of—
(i) the amount which is the greater of—
(I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949 [[22 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1621&num=0&edition=prelim) et seq.], plus interest;
(II) the amount determined under [section 6083(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6083/a/2&num=0&edition=prelim), plus interest; or
(III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and
(ii) court costs and reasonable attorneys’ fees.
(B) Interest under subparagraph (A)(i) shall be at the rate set forth in [section 1961 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim), computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection.
(2) **Presumption in favor of the certified claims** — There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as d
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6091
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Federal law — U.S. Code and appendices · legal_authorities
Page 430
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 1642p
provisions of subchapter I shall be applicable to
this subchapter: Subsections (b), (c), (d), (e), (h),
and (j) of section 1623 of this title; subsections
(c), (d), (e), and (f) of section 1626 of this title.
(Mar. 10, 1950, ch. 54, title IV, § 416, as added Pub.
L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.)
§ 1642p. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to enable the Com-
mission and the Treasury Department to pay
their administrative expenses incurred in car-
rying out their functions under this subchapter.
(Mar. 10, 1950, ch. 54, title IV, § 417, as added Pub.
L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.)
SUBCHAPTER V—CLAIMS AGAINST CUBA
AND CHINA
§ 1643. Congressional declaration of purpose
It is the purpose of this subchapter to provide
for the determination of the amount and valid-
ity of claims against the Government of Cuba,
or the Chinese Communist regime, which have
arisen 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, out of nationaliza-
tion,
expropriation,
intervention,
or
other
takings of, or special measures directed against,
property of nationals of the United States, and
claims for disability or death of nationals of the
United States arising out of violations of inter-
national law by the Government of Cuba, or the
Chinese Communist regime, in order to obtain
information concerning the total amount of
such claims against the Government of Cuba, or
the Chinese Communist regime, on behalf of na-
tionals of the United States. This subchapter
shall not be construed as authorizing an appro-
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1643
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