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22 U.S.C. § 1643b — Receipt of claims; determination of amount and validity

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643b — Receipt of claims; determination of amount and validity

**(a) Claims for property loss** The Commission shall receive and determine in accordance with applicable substantive law, including international law, the amount and validity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising 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, for losses resulting from the nationalization, expropriation, intervention, or other taking of, or special measures directed against, property including any rights or interests therein owned wholly or partially, directly or indirectly at the time by nationals of the United States, if such claims are submitted to the Commission within such period specified by the Commission by notice published in the Federal Register (which period shall not be more than eighteen months after such publication) within sixty days after October 16, 1964, or sixty days after November 6, 1966, with respect to claims against the Chinese Communist regime, or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions with respect to each respective claims program authorized, under this subchapter, whichever date is later. In making the determination with respect to the validity and amount of claims and value of properties, rights, or interests taken, the Commission shall take into account the basis of valuation most appropriate to the property and equitable to the claimant, including but not limited to, (i) fair market value, (ii) book value, (iii) going concern value, or (iv) cost of replacement. **(b) Claims for disability or death** The Commission shall receive and determi

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Stable record: federal_law:legal_authorities:record_usc_a2e37c6845674607645e72d3
Source file: Laws/federal/codes/united-states-code/title-22/section-1643b-receipt-of-claims-determination-of-amount-and-validity--a3a45003c0.md
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Source location: Title 22, Chapter 21, § 1643b; chapter-021-settlement-of-international-claims.md

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**(a) Claims for property loss** The Commission shall receive and determine in accordance with applicable substantive law, including international law, the amount and validity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising 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, for losses resulting from the nationalization, expropriation, intervention, or other taking of, or special measures directed against, property including any rights or interests therein owned wholly or partially, directly or indirectly at the time by nationals of the United States, if such claims are submitted to the Commission within such period specified by the Commission by notice published in the Federal Register (which period shall not be more than eighteen months after such publication) within sixty days after October 16, 1964, or sixty days after November 6, 1966, with respect to claims against the Chinese Communist regime, or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions with respect to each respective claims program authorized, under this subchapter, whichever date is later. In making the determination with respect to the validity and amount of claims and value of properties, rights, or interests taken, the Commission shall take into account the basis of valuation most appropriate to the property and equitable to the claimant, including but not limited to, (i) fair market value, (ii) book value, (iii) going concern value, or (iv) cost of replacement. **(b) Claims for disability or death** The Commission shall receive and determine in accordance with applicable substantive law, including international law, the amount and validity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising 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, for disability or death resulting from actions taken by or under the authority of the Government of Cuba, or the Chinese Communist regime, if such claims are submitted to the Commission within the period established by the Commission under subsection (a), or within six months after the date the claims first arose (as determined by the Commission), whichever date last occurs.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643m — Exclusivity of Foreign Claims Settlement Commission certification procedure

**(a)** Subject to subsection (b), neither any national of the United States who was eligible to file a claim under [section 1643b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643b&num=0&edition=prelim) but did not timely file such claim under that section, nor any person who was ineligible to file a claim under [section 1643b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643b&num=0&edition=prelim), nor any national of Cuba, including any agency, instrumentality, subdivision, or enterprise of the Government of Cuba or any local government of Cuba, nor any successor thereto, whether or not recognized by the United States, shall have a claim to, participate in, or otherwise have an interest in, the compensation proceeds or nonmonetary compensation paid or allocated to a national of the United States by virtue of a claim certified by the Commission under [section 1643f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643f&num=0&edition=prelim), nor shall any district court of the United States have jurisdiction to adjudicate any such claim. **(b)** Nothing in subsection (a) shall be construed to detract from or otherwise affect any rights in the shares of capital stock of nationals of the United States owning claims certified by the Commission under [section 1643f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643f&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643b — Receipt of claims; determination of

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-

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