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50 U.S.C. § 4132 — Claims authorized

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

50 U.S.C. § 4132 — Claims authorized

The Commission is directed to receive and to determine according to the provisions of this subchapter the validity and amount of claims of nationals of the United States for— **(a)** loss or destruction of, or physical damage to, property located in Albania, Austria, Czechoslovakia, the Free Territory of Danzig, Estonia, Germany, Greece, Latvia, Lithuania, Poland, or Yugoslavia, or in territory which was part of Hungary or Rumania on December 1, 1937, but which was not included in such countries on September 15, 1947, which loss, destruction, or physical damage occurred during the period beginning September 1, 1939, and ending May 8, 1945, or which occurred in the period beginning July 1, 1937, and ending September 2, 1945, to property in territory occupied or attacked by the Imperial Japanese military forces (including territory to which Japan has renounced all right, title, and claim under article 2 of the Treaty of Peace Between the Allied Powers and Japan) except the island of Guam: Provided, That claims for loss, destruction, or damage occurring in the Commonwealth of the Philippines shall not be allowed except on behalf of nationals of the United States who have received no payment, and certify under oath or affirmation that they have received no payment, on account of the same loss, destruction, or damage under the Philippine Rehabilitation Act of 1946,11 See References in Text note below. whether or not claim was filed thereunder: Provided further, That such loss, destruction, or damage must have occurred, as a direct consequence of (1) military operations of war or (2) special measures directed against property in such countries or territories during the respective periods specified, because of the enemy or alleged enemy character of the owner, which property

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Stable record: federal_law:legal_authorities:record_usc_f467a0e985332f268be41777
Source file: Laws/federal/codes/united-states-code/title-50/section-4132-claims-authorized--e141d0b30a.md
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Passage SHA-256: d0271600ceb3fd3aca2d2c393888aa84171c9a0ba60376eb9407f18ee8cffc6d

Source location: Title 50, Chapter 51, § 4132; chapter-051-war-claims.md

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The Commission is directed to receive and to determine according to the provisions of this subchapter the validity and amount of claims of nationals of the United States for— **(a)** loss or destruction of, or physical damage to, property located in Albania, Austria, Czechoslovakia, the Free Territory of Danzig, Estonia, Germany, Greece, Latvia, Lithuania, Poland, or Yugoslavia, or in territory which was part of Hungary or Rumania on December 1, 1937, but which was not included in such countries on September 15, 1947, which loss, destruction, or physical damage occurred during the period beginning September 1, 1939, and ending May 8, 1945, or which occurred in the period beginning July 1, 1937, and ending September 2, 1945, to property in territory occupied or attacked by the Imperial Japanese military forces (including territory to which Japan has renounced all right, title, and claim under article 2 of the Treaty of Peace Between the Allied Powers and Japan) except the island of Guam: Provided, That claims for loss, destruction, or damage occurring in the Commonwealth of the Philippines shall not be allowed except on behalf of nationals of the United States who have received no payment, and certify under oath or affirmation that they have received no payment, on account of the same loss, destruction, or damage under the Philippine Rehabilitation Act of 1946,11 See References in Text note below. whether or not claim was filed thereunder: Provided further, That such loss, destruction, or damage must have occurred, as a direct consequence of (1) military operations of war or (2) special measures directed against property in such countries or territories during the respective periods specified, because of the enemy or alleged enemy character of the owner, which property was owned, directly or indirectly, by a national of the United States at the time of such loss, damage or destruction; **(b)** damage to, or loss or destruction of, ships or ship cargoes directly or indirectly owned by a national of the United States at the time such damage, loss, or destruction occurred, which was a direct consequence of military action by Germany or Japan during the period beginning September 1, 1939, and ending September 2, 1945; no award shall be made under this subsection in favor of any insurer or reinsurer as assignee or otherwise as successor in interest to the right of the insured; **(c)** net losses under war-risk insurance or reinsurance policies or contracts, incurred in the settlement of claims for insured losses of ships directly or indirectly owned by a national of the United States at the time of the loss, damage, or destruction of such ships and at the time of the settlement of such claims, which insured losses were a direct consequence of military action by Germany or Japan during the period beginning September 1, 1939, and ending September 2, 1945; such net losses shall be determined by deducting from the aggregate of all payments made in the settlement of such insured losses the aggregate of the net amounts received by any such insurance companies on all policies of contracts of war-risk insurance or reinsurance on ships under which the insured was a national of the United States, after deducting expenses; and **(d)** loss or damage on account of— (1) the death of any person who, being then a civilian national of the United States and a passenger on any vessel engaged in commerce on the high seas, died or was killed as a result of military action by Germany or Japan which occurred during the period beginning September 1, 1939, and ending December 11, 1941; awards under this paragraph shall be made only to or for the benefit of the following persons in the order of priority named: (A) widow or husband if there is no child or children of the deceased; (B) widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares; (C) child or children of the deceased (in equal shares) if there is no widow or husband; and (D) parents of the deceased (in equal shares) if there is no widow, husband, or child; (2) injury or permanent disability sustained by any person, who being then a civilian national of the United States and a passenger on any vessel engaged in commerce on the high seas, was injured or permanently disabled as a result of military action by Germany or Japan which occurred during the period beginning September 1, 1939, and ending December 11, 1941; awards under this paragraph shall be payable solely to the person so injured or disabled; (3) the loss or destruction, as a result of such action, of property on such vessel, as determined by the Commission to be reasonable, useful, necessary, or proper under the circumstances, which property was owned by any civilian national of the United States who was then a passenger on such vessel; and in the case of the death of any person suffering such loss, awards under this paragraph shall be made only to or for the benefit of the persons designated in paragraph (1) of this subsection and in the order of priority named therein.

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

22 U.S.C. § 1641c — Claims of nationals of the United States against Italy

**(a) Claims not provided for in peace treaty** The Commission shall receive and determine, in accordance with the Memorandum of Understanding and applicable substantive law, including international law, the validity and amount of claims of nationals of the United States against the government of Italy arising out of the war in which Italy was engaged from June 10, 1940, to September 15, 1947, and with respect to which provision was not made in the treaty of peace with Italy. Upon payment of the principal amounts (without interest) of all awards from the Italian Claims Fund created pursuant to [section 1641a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641a&num=0&edition=prelim), the Commission shall determine the validity and amount of any claim under this section by any natural person who was a citizen of the United States on August 9, 1955 and shall, in the event an award is issued pursuant to such claim, certify the same to the Secretary of the Treasury for payment out of remaining balances in the Italian Claims Fund in accordance with the provisions of [section 1641i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641i&num=0&edition=prelim), notwithstanding that the period of time prescribed in section 1641o of this title for the settlement of all claims under this section may have expired. **(b) Individuals who fail to file claims** The Commission shall receive and determine, or redetermine, as the case may be, in accordance with applicable substantive law, including international law, the validity and amounts of claims owned by person who were eligible to file claims under the first sentence of subsection (a) of this section on August 9, 1955, but failed to file such claim

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1641c

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

50 U.S.C. § 4133 — Transfers and assignments

The transfer or assignment for value of any property forming the subject matter of a claim under subsection (a) or (b) of [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) subsequent to its damage, loss, or destruction shall not operate to extinguish any claim of the transferor otherwise compensable under either of such subsections. If a claim which could otherwise be allowed under subsection (a) or (b) of [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) has been assigned for value prior to October 22, 1962, the assignee shall be the party entitled to claim thereunder.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4133

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

50 U.S.C. § 4134 — Nationality of claimants

No claim shall be allowed under subsection (a), (b), or (c) of [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) unless the property upon which it is based was owned by a national or nationals of the United States on the date of loss, damage, or destruction and unless the claim was owned by a national or nationals of the United States continuously thereafter until the date of filing with the Commission pursuant to this subchapter. Where any person who lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country reacquired such citizenship before October 22, 1962, then if such individual, but for such marriage would have been a national of the United States at all times on and after the date of such loss, damage, or destruction until the filing of the claim, such individual shall be treated for all purposes of this subchapter as having been a national of the United States at all such times.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4134

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

50 U.S.C. § 4135 — Claims of stockholders

**(a) Ownership interest in entity which is a national of the United States** A claim under [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&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) Ownership interest in entity which was not a national of the United States on date of loss** A claim under [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim), based upon a direct ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, shall be allowed, subject to 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 in any such claim. **(c) Indirect ownership interest; minimum requirement** A claim under [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim), based upon an indirect ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, 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 loss was vested in nationals of the United States. **(d) Calculation 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 suffered by such corporation, association, or other entity, and shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4135

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

50 U.S.C. § 4139 — Certification of awards

**(a)** The Commission shall certify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund each award made pursuant to [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim). **(b)** The Commission shall recertify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund, awards heretofore made with respect to claims against the Government of Hungary under [section 1641b(1) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641b/1&num=0&edition=prelim). Nothing contained in this subsection shall be construed as authorizing the filing of new claims against Hungary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4139

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

50 U.S.C. § 4143 — Payment of awards; priorities; limitations

**(a) Order of priority of payments** The Secretary of the Treasury shall pay out of the War Claims Fund on account of awards certified by the Commission pursuant to this subchapter as follows and in the following order of priority: (1) Payment in full of awards made pursuant to section 4132(d)(1) and (2) of this title, and thereafter of any award made pursuant to [section 4132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132/a&num=0&edition=prelim) to any claimant (A) certified to the Commission by the Small Business Administration as having been, on the date of loss, damage, or destruction, a small business concern within the meaning now set forth in the Small Business Act, as amended [[15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.], or (B) determined by the Commission to have been, on the date of loss, damage, or destruction, a nonprofit organization operated exclusively for the promotion of social welfare, religious, charitable, or educational purposes. (2) Thereafter, payments from time to time on account of the other awards made pursuant to [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment made pursuant to this paragraph on account of any award shall not exceed $10,000. (3) Thereafter, payments from time to time on account of the other awards made to individuals and corporations pursuant to [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) and not compensa

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4143

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

50 U.S.C. § 4132 — Claims authorized

Page 1037 TITLE 50—WAR AND NATIONAL DEFENSE § 4132 (2) In the case of each claim allowed in an amount greater than $500, such claim shall be paid in two installments. The first installment shall be paid in an amount equal to $500 plus 662⁄3 per centum of the amount of such claim allowed in excess of $500. The last installment shall be computed as of September 1, 1956, under the next sentence of this paragraph, and, as so computed, shall be paid from the sums remaining in the War Claims Fund on that date. If the sums remaining in the War Claims Fund on September 1, 1956, are suffi- cient to satisfy all claims allowed under this section and not paid in full, the unpaid portion of each such claim shall be paid in full; if the sums remaining in the War Claims Fund on September 1, 1956, are not sufficient to satisfy all claims allowed under this section and not paid in full, the last installment payable on each such claim shall be reduced ratably, and, as so reduced, shall be paid from the War Claims Fund. (July 3, 1948, ch. 826, title I, § 17, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1035; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 2016 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of sub- sec. (c) as reference to section 4104 of this title and ref- erence to section 4105 of this title and in subsec. (d) as reference to section 4110 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For provisions transferring Foreign Claims Settle-

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4132

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