22 U.S.C. § 6083 — Proof of ownership of claims to con-

Page 1759 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6083 such title, and such national shall be deemed to have discharged the United States from any further responsibility to represent the United States national with respect to that claim; (ii) if the recovery in the action is less than the amount of the certified claim, the United States national may receive payment under a claims agreement described in clause (i) but only to the extent of the dif- ference between the amount of the recovery and the amount of the certified claim; and (iii) if there is no recovery in the action, the United States national may receive pay- ment on the certified claim under a claims agreement described in clause (i) to the same extent as any certified claimant who does not bring an action under this section. (B) In the event some or all actions brought under this section are consolidated by judicial or other action in such manner as to create a pool of assets available to satisfy the claims in such actions, including a pool of assets in a proceeding in bankruptcy, every claimant whose claim in an action so consolidated was certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 [22 U.S.C. 1643 et seq.] shall be entitled to payment in full of its claim from the assets in such pool before any payment is made from the assets in such pool with respect to any claim not so certified. (g) Deposit of excess payments by Cuba under claims agreement Any amounts paid by Cuba under any agree- ment entered into between the United States and Cuba settling certified claims under title V of the International Claims Settlement Act of 1949 [22 U.S.C. 1643 et seq.] that are in excess of the payments made on such certified claims after the application of subsection (f) shall be deposited into the United States Treasury. (h) Termination of rights (1) In general All rights created under this section to bring an action for money damages with respect to property confiscated by the Cuban Govern- ment— (A) may be suspended under section 6064(a) of this title; and (B) shall cease upon transmittal to the Congress of a determination of the President under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power. (2) Pending suits The suspension or termination of rights under paragraph (1) shall not affect suits com- menced before the date of such suspension or termination (as the case may be), and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if the sus- pension or termination had not occurred. (i) Imposition of filing fees The Judicial Conference of the United States shall establish a uniform fee that shall be im- posed upon the plaintiff or plaintiffs in each ac- tion brought under this section. The fee should be established at a level sufficient to recover the costs to the courts of actions brought under this section. The fee under this subsection is in addi- tion to any other fees imposed under title 28. (Pub. L. 104–114, title III, § 302, Mar. 12, 1996, 110 Stat. 815.) Editorial Notes REFERENCES IN TEXT For the effective date of this subchapter, referred to in subsec. (a)(1)(A), as Aug. 1, 1996, or date determined pursuant to suspension authority of President see sec- tion 6085 of this title. The International Claims Settlement Act of 1949, re- ferred to in subsecs. (a)(1)(A)(i)(I), (3)(A), (5), (f)(2), and (g), is act Mar. 10, 1950, ch. 54, 64 Stat. 12, which is clas- sified generally to chapter 21 (§ 1621 et seq.) of this title. Title V of the Act is classified generally to subchapter V (§ 1643 et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables. This subchapter, referred to in subsecs. (a)(7)(B), (8) and (c)(1), was in the original ‘‘this title’’, meaning title III of Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 814, which enacted this subchapter and sections 1643l and 1643m of this title and amended section 1611 of Title 28, Judiciary and Judicial Procedure. For complete classi- fication of title III to the Code, see Tables. CODIFICATION Section is comprised of section 302 of Pub. L. 104–114. Subsec. (e) of section 302 of Pub. L. 104–114 amended section 1611 of Title 28, Judiciary and Judicial Proce- dure. § 6083. Proof of ownership of claims to con- fiscated property (a) Evidence of ownership (1) Conclusiveness of certified claims In any action brought under this subchapter, the court shall accept as conclusive proof of ownership of an interest in property a certifi- cation of a claim to ownership of that interest that has been made by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following). (2) Claims not certified If in an action under this subchapter a claim has not been so certified by the Foreign Claims Settlement Commission, the court may appoint a special master, including the Foreign Claims Settlement Commission, to make determinations regarding the amount and ownership of the claim. Such determina- tions are only for evidentiary purposes in civil actions brought under this subchapter and do not constitute certifications under title V of the International Claims Settlement Act of 1949. (3) Effect of determinations of foreign or inter- national entities In determining the amount or ownership of a claim in an action under this subchapter, the court shall not accept as conclusive evidence any findings, orders, judgments, or decrees from administrative agencies or courts of for- eign countries or international organizations that declare the value of or invalidate the Page 1760 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6084 claim, unless the declaration of value or in- validation was found pursuant to binding international arbitration to which the United States or the claimant submitted the claim. (b) Omitted (c) Rule of construction Nothing in this chapter or in section 514 of the International Claims Settlement Act of 1949 [22 U.S.C. 1643l], as added by subsection (b), shall be construed— (1) to require or otherwise authorize the claims of Cuban nationals who became United States citizens after their property was con- fiscated to be included in the claims certified to the Secretary of State by the Foreign Claims Settlement Commission for purposes of future negotiation and espousal of claims with a friendly government in Cuba when diplo- matic relations are restored; or (2) as superseding, amending, or otherwise altering certifications that have been made under title V of the International Claims Set- tlement Act of 1949 [22 U.S.C. 1643 et seq.] be- fore March 12, 1996. (Pub. L. 104–114, title III, § 303, Mar. 12, 1996, 110 Stat. 819.) Editorial Notes REFERENCES IN TEXT The International Claims Settlement Act of 1949, re- ferred to in subsecs. (a)(1), (2) and (c)(2), is act Mar. 10, 1950, ch. 54, 64 Stat. 12. Title V of the Act is classified generally to subchapter V (§ 1643 et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 785, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6021 of this title and Tables. CODIFICATION Section is comprised of section 303 of Pub. L. 104–114. Subsec. (b) of section 303 of Pub. L. 104–114 enacted sec- tion 1643l of this title. § 6084. Limitation of actions An action under section 6082 of this title may not be brought more than 2 years after the traf- ficking giving rise to the action has ceased to occur. (Pub. L. 104–114, title III, § 305, Mar. 12, 1996, 110 Stat. 821.) § 6085. Effective date (a) In general Subject to subsections (b) and (c), this sub- chapter and the amendments made by this sub- chapter shall take effect on August 1, 1996. (b) Suspension authority (1) Suspension authority The President may suspend the effective date under subsection (a) for a period of not more than 6 months if the President deter- mines and reports in writing to the appro- priate congressional committees at least 15 days before such effective date that the sus- pension is necessary to the national interests of the United States and will expedite a tran- sition to democracy in Cuba. (2) Additional suspensions The President may suspend the effective date under subsection (a) for additional peri- ods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the ap- propriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba. (c) Other authorities (1) Suspension After this subchapter and the amendments of this subchapter have taken effect— (A) no person shall acquire a property in- terest in any potential or pending action under this subchapter; and (B) the President may suspend the right to bring an action under this subchapter with respect to confiscated property for a period of not more than 6 months if the President determines and reports in writing to the ap- propriate congressional committees at least 15 days before the suspension takes effect that such suspension is necessary to the na- tional interests of the United States and will expedite a transition to democracy in Cuba. (2) Additional suspensions The President may suspend the right to bring an action under this subchapter for addi- tional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspen- sion is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the ad- ditional suspension is to begin that the sus- pension is necessary to the national interests of the United States and will expedite a tran- sition to democracy in Cuba. (3) Pending suits The suspensions of actions under paragraph (1) shall not affect suits commenced before the date of such suspension, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if the suspension had not occurred. (d) Rescission of suspension The President may rescind any suspension made under subsection (b) or (c) upon reporting to the appropriate congressional committees that doing so will expedite a transition to de- mocracy in Cuba. (Pub. L. 104–114, title III, § 306, Mar. 12, 1996, 110 Stat. 821.)