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

Page 432 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1643e (d) Computation of award The amount of any claim covered by sub- section (b) or (c) of this section shall be cal- culated on the basis of the total loss suffered by such corporation, association, or other entity, and shall bear the same proportion to such loss as the ownership interest of the claimant at the time of loss bears to the entire ownership inter- est thereof. (Mar. 10, 1950, ch. 54, title V, § 505, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1111; amended Pub. L. 89–262, § 3, Oct. 19, 1965, 79 Stat. 988; Pub. L. 89–780, § 4, Nov. 6, 1966, 80 Stat. 1365.) Editorial Notes AMENDMENTS 1966—Subsec. (a). Pub. L. 89–780 provided for applica- bility of subsection to property nationalized or taken by the Chinese Communist regime. 1965—Subsec. (a). Pub. L. 89–262 authorized consider- ation of claims based on debt or other obligation owing by corporations or other legal entities which is a charge on property nationalized, expropriated, inter- vened, or taken by Government of Cuba. § 1643e. Offsets In determining the amount of any claim, the Commission shall deduct all amounts the claim- ant has received from any source on account of the same loss or losses. (Mar. 10, 1950, ch. 54, title V, § 506, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112; amended Pub. L. 89–262, § 4, Oct. 19, 1965, 79 Stat. 988.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–262 struck out proviso that the de- duction of such amounts shall not be construed as di- vesting the United States of any rights against the Government of Cuba for the amounts so deducted. § 1643f. Action of Commission with respect to claims (a) Certification of amounts The Commission shall certify to each indi- vidual who has filed a claim under this sub- chapter the amount determined by the Commis- sion 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 state- ment of the evidence relied upon and the rea- soning 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 ex- ceeded) the amount of the actual consideration paid by such assignee, or in case of successive assignments of a claim by any assignee. (Mar. 10, 1950, ch. 54, title V, § 507, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112.) § 1643g. Transfer of records The Secretary of State shall transfer or other- wise make available to the Commission such records and documents relating to claims au- thorized by this subchapter as may be required by the Commission in carrying out its functions under this subchapter. (Mar. 10, 1950, ch. 54, title V, § 508, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112.) § 1643h. Applicability of administrative provi- sions of subchapter I To the extent they are not inconsistent with the provisions of this subchapter, the following provisions of subchapter I of this chapter shall be applicable to this subchapter: Subsections (b), (c), (d) (e), (h), and (j) of section 1623 of this title; subsection (f) of section 1626 of this title. (Mar. 10, 1950, ch. 54, title V, § 509, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112.) § 1643i. Time limitation on completion of affairs of Commission The Commission shall complete its affairs in connection with the settlement of claims pursu- ant to this subchapter not later than July 6, 1972. (Mar. 10, 1950, ch. 54, title V, § 510, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1112; amended Pub. L. 89–780, § 5, Nov. 6, 1966, 80 Stat. 1365; Pub. L. 91–157, Dec. 24, 1969, 83 Stat. 435.) Editorial Notes AMENDMENTS 1969—Pub. L. 91–157 set July 6, 1972, as the final date for the settlement of claims pursuant to this sub- chapter. 1966—Pub. L. 89–780 inserted ‘‘with respect to each re- spective claims program authorized’’ after ‘‘carrying out its functions’’. § 1643j. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to enable the Commission to pay its administrative ex- penses incurred in carrying out its functions under this subchapter. (Mar. 10, 1950, ch. 54, title V, § 511, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113; amended Pub. L. 89–262, § 5, Oct. 19, 1965, 79 Stat. 988.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–262 redesignated subsec. (a) as the complete section, struck out limitation of amount of appropriations to aggregate amount of net proceeds re- alized from sale or liquidation of property of Govern- ment of Cuba and use of funds to pay administrative expenses of the Treasury Department in carrying out its functions, and eliminated subsec. (b) providing for vesting and liquidation of Cuban property. § 1643k. Fees for services; limitation; penalty No remuneration on account of any services rendered on behalf of any claimant in connec- tion with any claim filed with the Commission under this subchapter shall exceed 10 per cen- tum of so much of the total amount of such claim, as determined under this subchapter, as does not exceed $20,000, plus 5 per centum of so