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22 U.S.C. § 1642c — Determination of validity and amount of claims
Federal law — U.S. Code and appendices · legal_authorities
The Commission shall determine in accordance with applicable substantive law, including international law, the validity and amount of claims by nationals of the United States against the Government of Czechoslovakia for losses resulting from the nationalization or other taking on and after January 1, 1945, of property including any rights or interests therein owned at the time by nationals of the United States, subject, however, to the terms and conditions of an applicable claims agreement, if any, concluded between the Governments of Czechoslovakia and the United States within one year following August 8, 1958. In making the determination with respect to the validity and amount of claims and value of properties, rights, or interests taken, the Commission is authorized to accept the fair or proved value of the said property, right, or interest as of a time when the property or business enterprise taken, was last operated, used, managed or controlled by the national or nationals of the United States asserting the claim irrespective of whether such date is prior to the actual date of nationalization or taking by the Government of Czechoslovakia.
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Stable record: federal_law:legal_authorities:record_usc_66049d42b4ff355f58f7f779
Source file: Laws/federal/codes/united-states-code/title-22/section-1642c-determination-of-validity-and-amount-of-claims--5055001aad.md
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Source location: Title 22, Chapter 21, § 1642c; chapter-021-settlement-of-international-claims.md
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The Commission shall determine in accordance with applicable substantive law, including international law, the validity and amount of claims by nationals of the United States against the Government of Czechoslovakia for losses resulting from the nationalization or other taking on and after January 1, 1945, of property including any rights or interests therein owned at the time by nationals of the United States, subject, however, to the terms and conditions of an applicable claims agreement, if any, concluded between the Governments of Czechoslovakia and the United States within one year following August 8, 1958. In making the determination with respect to the validity and amount of claims and value of properties, rights, or interests taken, the Commission is authorized to accept the fair or proved value of the said property, right, or interest as of a time when the property or business enterprise taken, was last operated, used, managed or controlled by the national or nationals of the United States asserting the claim irrespective of whether such date is prior to the actual date of nationalization or taking by the Government of Czechoslovakia.
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Federal law — U.S. Code and appendices · legal_authorities
No judicial relief or remedy shall be available to any person asserting a claim against the United States or any officer or agent thereof with respect to any action taken under this subchapter, or any other claim for or on account of the property or proceeds described in [section 1642a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642a&num=0&edition=prelim), or for any other action taken with respect thereto except to the extent that the action complained of constitutes a taking of private property without just compensation, and to such extent the sole judicial relief and remedy available shall be an action brought against the United States in the United States Court of Federal Claims which action must be brought within one year of August 8, 1958, or it shall be forever barred; and any action so brought shall receive a preference over all actions which themselves are not given preference by statute. No other court shall have original jurisdiction to consider any such claim by mandamus or otherwise. If any action is brought pursuant to this section the Secretary of the Treasury shall set aside an appropriate reserve in the account containing the moneys held pursuant to subsection (a) of [section 1642a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642a&num=0&edition=prelim). Such reserve shall be retained pending a final determination of all issues raised in the action and recovery in any such action shall be limited to and paid out of the moneys so reserved. After a final determination of all issues raised in the action and payment of any judgment against the United States entered pursuant thereto, any balance no longer required to be held in reserve shall be disposed of in accord
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1642b
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Federal law — U.S. Code and appendices · legal_authorities
A claim under [section 1642c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642c&num=0&edition=prelim) shall not be allowed unless the property upon which the claim is based was owned by a national of the United States on the date of nationalization or other taking thereof and unless the claim has been held by a national of the United States continuously thereafter until the date of filing with the Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1642d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nationals of United States** A claim under [section 1642c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642c&num=0&edition=prelim), based upon an ownership interest in any corporation, association, or other entity which is a national of the United States shall be denied.
**(b) Direct ownership** A claim under [section 1642c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642c&num=0&edition=prelim), based upon a direct ownership interest in a corporation, association, or other entity for loss by reason of the nationalization or other taking of such corporation, association, or other entity, or the property thereof, shall be allowed, subject to other provisions of this subchapter, if such corporation, association, or other entity on the date of the nationalization or other taking was not a national of the United States, without regard to the per centum of ownership vested in the claimant in any such claim.
**(c) Indirect ownership** A claim under [section 1642c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642c&num=0&edition=prelim), based upon an indirect ownership interest in a corporation, association, or other entity for loss by reason of the nationalization or other taking of such corporation, association, or other entity, or the property thereof, shall be allowed, subject to other provisions of this subchapter, only if at least 25 per centum of the entire ownership interest thereof at the time of such nationalization or other taking was vested in nationals of the United States.
**(d) Computation of award** Any award on a claim under subsection (b) or (c) of this section shall be calculated on the basis of the total loss suf
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1642e
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Federal law — U.S. Code and appendices · legal_authorities
With respect to any claim under [section 1642c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642c&num=0&edition=prelim) which, at the time of the award, is vested in persons other than the person by whom the loss was sustained, the Commission may issue a consolidated award in favor of all claimants then entitled thereto, which award shall indicate the respective interests of such claimants therein, and all such claimants shall participate, in proportion to their indicated interests, in the payments authorized by this subchapter in all respects as if the award had been in favor of a single person.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1642g
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Federal law — U.S. Code and appendices · legal_authorities
No award shall be made on any claim under [section 1642c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1642c&num=0&edition=prelim) to or for the benefit of (1) any person who has been convicted of a violation of any provision of chapter 115 of title 18, or of any other crime involving disloyalty to the United States, or (2) any claimant whose claim under this subchapter is within the scope of subchapter III of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1642h
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Federal law — U.S. Code and appendices · legal_authorities
Page 428
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 1642c
Editorial Notes
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United States
Court of Federal Claims’’ for ‘‘United States Claims
Court’’.
1982—Pub. L. 97–164 substituted ‘‘Claims Court’’ for
‘‘Court of Claims’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Proce-
dure.
§ 1642c. Determination of validity and amount of
claims
The Commission shall determine in accord-
ance with applicable substantive law, including
international law, the validity and amount of
claims by nationals of the United States against
the Government of Czechoslovakia for losses re-
sulting from the nationalization or other taking
on and after January 1, 1945, of property includ-
ing any rights or interests therein owned at the
time by nationals of the United States, subject,
however, to the terms and conditions of an ap-
plicable claims agreement, if any, concluded be-
tween the Governments of Czechoslovakia and
the United States within one year following Au-
gust 8, 1958. In making the determination with
respect to the validity and amount of claims and
value of properties, rights, or interests taken,
the Commission is authorized to accept the fair
or proved value of the said property, right, or in-
terest as of a time when the property or business
enterprise taken, was last operated, used, man-
aged or controlled by the nat
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1642c
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