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

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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Source file: Laws/federal/codes/united-states-code/title-22/section-1643m-exclusivity-of-foreign-claims-settlement-commission-certification-proced--94a90dbd98.md
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Source location: Title 22, Chapter 21, § 1643m; chapter-021-settlement-of-international-claims.md

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

22 U.S.C. § 1643f — Action of Commission with respect to claims

**(a) Certification of amounts** The Commission shall certify to each individual who has filed a claim under this subchapter the amount determined by the Commission to be the loss or damage suffered by the claimant which is covered by this subchapter. The Commission shall certify to the Secretary of State such amount and the basic information underlying that amount, together with a statement of the evidence relied upon and the reasoning employed in reaching its decision. **(b) Limitation on amount of claims of assignees** The amount determined to be due on any claim of an assignee who acquires the same by purchase shall not exceed (or, in the case of any such acquisition subsequent to the date of the determination, shall not be deemed to have exceeded) the amount of the actual consideration paid by such assignee, or in case of successive assignments of a claim by any assignee.

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

22 U.S.C. § 6085 — Findings

The Congress makes the following findings: (1) Individuals enjoy a fundamental right to own and enjoy property which is enshrined in the United States Constitution. (2) The wrongful confiscation or taking of property belonging to United States nationals by the Cuban Government, and the subsequent exploitation of this property at the expense of the rightful owner, undermines the comity of nations, the free flow of commerce, and economic development. (3) Since Fidel Castro seized power in Cuba in 1959— (A) he has trampled on the fundamental rights of the Cuban people; and (B) through his personal despotism, he has confiscated the property of— (i) millions of his own citizens; (ii) thousands of United States nationals; and (iii) thousands more Cubans who claimed asylum in the United States as refugees because of persecution and later became naturalized citizens of the United States. (4) It is in the interest of the Cuban people that the Cuban Government respect equally the property rights of Cuban nationals and nationals of other countries. (5) The Cuban Government is offering foreign investors the opportunity to purchase an equity interest in, manage, or enter into joint ventures using property and assets some of which were confiscated from United States nationals. (6) This “trafficking” in confiscated property provides badly needed financial benefit, including hard currency, oil, and productive investment and expertise, to the current Cuban Government and thus undermines the foreign policy of the United States— (A) to bring democratic institutions to Cuba through the pressure of a general economic embargo at a time when the Castro regime has proven to be vulnerable to international economic pressure; and (B) to protect the claims of Unite

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

22 U.S.C. § 1643m — Exclusivity of Foreign Claims Settle-

Page 433 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1644 1So in original. Probably should be ‘‘States’’. much of such amount, if any, as exceeds $20,000. Any agreement to the contrary shall be unlaw- ful and void. Whoever, in the United States or elsewhere, demands or receives on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. (Mar. 10, 1950, ch. 54, title V, § 512, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113.) § 1643l. Determination of ownership of claims re- ferred by district courts of the United States Notwithstanding any other provision of this chapter and only for purposes of section 6082 of this title, a United State 1 district court, for fact-finding purposes, may refer to the Commis- sion, and the Commission may determine, ques- tions of the amount and ownership of a claim by a United States national (as defined in section 6023 of this title), resulting from the confisca- tion of property by the Government of Cuba de- scribed in section 1643b(a) of this title, whether or not the United States national qualified as a national of the United States (as defined in sec- tion 1643a(1) of this title) at the time of the ac- tion by the Government of Cuba. (Mar. 10, 1950, ch. 54, title V, § 514, as added Pub. L. 104–114, title III, § 303(b), Mar. 12, 1996, 110 Stat. 820.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 1, 1996, or date determined pur- suant to suspension authority of President, see section 6085 of this title. § 1643m. Exclusivity of Foreign Claims Settle- ment Commission certification procedure (a) Subject to subsection (b), neither any na- tiona

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