22 U.S.C. § 1644 — Congressional declaration of purpose

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- tional of the United States who was eligible to file a claim under section 1643b of this title but did not timely file such claim under that sec- tion, nor any person who was ineligible to file a claim under section 1643b of this title, nor any national of Cuba, including any agency, instru- mentality, subdivision, or enterprise of the Gov- ernment 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 in- terest in, the compensation proceeds or non- monetary 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, nor shall any district court of the United States have jurisdiction to adju- dicate any such claim. (b) Nothing in subsection (a) shall be con- strued 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. (Mar. 10, 1950, ch. 54, title V, § 515, as added Pub. L. 104–114, title III, § 304, Mar. 12, 1996, 110 Stat. 821.) 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. SUBCHAPTER VI—CLAIMS AGAINST GERMAN DEMOCRATIC REPUBLIC § 1644. Congressional declaration of purpose It is the purpose of this subchapter to provide for the determination of the validity and amounts of outstanding claims against the Ger- man Democratic Republic which arose out of the nationalization, expropriation, or other taking of (or special measures directed against) prop- erty interests of nationals of the United States. This subchapter shall not be construed as au- thorizing or as any intention to authorize an ap- propriation by the United States for the purpose of paying such claims. (Mar. 10, 1950, ch. 54, title VI, § 600, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2509.) Statutory Notes and Related Subsidiaries SEPARABILITY Act Mar. 10, 1950, ch. 54, title VI, § 614, as added by Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512, provided that: ‘‘If any provisions of this Act [enacting this sub- chapter] or the application thereof to any person or cir- cumstances shall be held invalid, the remainder of the Act or the application of such provision to other per- sons or circumstances shall not be affected.’’ AUTHORITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION Section 119 of H.R. 2076, One Hundred Fourth Con- gress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104–99, title II, § 211, Jan. 26, 1996, 110 Stat. 37, provided that: ‘‘(a) AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION.—The Foreign Claims Settlement Commis- sion of the United States (the ‘Commission’) is author- ized to receive and determine the validity and amount of claims by nationals of the United States against the Federal Republic of Germany covered by Article 2(2) of the Agreement Between the Government of the Federal Republic of Germany and the Government of the United States of America Concerning Final Benefits to Certain United States Nationals Who Were Victims of National Socialist Measures of Persecution, entered into force September 19, 1995 (the ‘Agreement’). In de- ciding such claims, the Commission shall be guided by the criteria applied by the Department of State in de- termining the validity and amount of the claims cov- ered by and settled under Article 2(1) of the Agreement. ‘‘(b) APPLICATION OF OTHER LAWS.—Except to the ex- tent inconsistent with the provisions of this section, the provisions of title I of the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et sec. [sic]), ex- cept for section 7(b) (22 U.S.C. 1626(b)), shall apply with respect to claims under this section. Any reference in such provisions to ‘this title’ [‘this subchapter’] shall be deemed to refer to those provisions and to this sec- tion. ‘‘(c) CERTIFICATION AND PAYMENT.— ‘‘(1) Not later than two years after the entry into force of the Agreement, the Commission shall certify to the Secretary of State, in writing, its determina- tions as to the validity and amount of the claims au- thorized for decision under subsection (a). ‘‘(2) In the case of claims found to be compensable under subsection (a), the Commission shall certify Page 434 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1644a the awards entered in the claims to the Secretary of the Treasury in accordance with section 5 of title I of the International Claims Settlement Act of 1949 (22 U.S.C. 1624). Such awards shall be paid in accordance with subsections (a) and (c)–(f) of section 7 of such title (22 U.S.C. 1626) out of a special fund established in accordance with section 8 of such title (22 U.S.C. 1627), following conclusion of the negotiations pro- vided for in Article 2(2) of the Agreement. ‘‘(d) CONFIDENTIALITY OF RECORDS.—Records per- taining to the claims received by the Commission pur- suant to subsection (a) shall not be publicly disclosed and shall not be required to be disclosed pursuant to section 552 of title 5, United States Code. ‘‘(e) SEPARABILITY.—If any provision of this section or the application thereof to any person or cir- cumstances is held invalid, the remainder of this sec- tion or the application of such provision to other per- sons or circumstances shall not be affected.’’ § 1644a. Definitions As used in this subchapter— (1) The term ‘‘national of the United States’’ means— (a) a natural person who is a citizen of the United States; (b) a corporation or other legal entity which is organized under the laws of the United States or of any State, the District of Colum- bia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 per cen- tum or more of the outstanding capital stock or other beneficial interest of such corpora- tion or entity. The term does not include aliens. (2) The term ‘‘Commission’’ means the Foreign Claims Settlement Commission of the United States. (3) The term ‘‘property’’ means any property, right, or interest, including any leasehold inter- est, and debts owed by enterprises which have been nationalized, expropriated, or taken by the German Democratic Republic for which no res- toration or no adequate compensation has been made to the former owners of such property. (4) The term ‘‘German Democratic Republic’’ includes the government of any political sub- division, agency, or instrumentality thereof or under its control. (5) The term ‘‘Claims Fund’’ is the special fund established in the Treasury of the United States composed of such sums as may be paid to the United States by the German Democratic Re- public pursuant to the terms of any agreement settling such claims that may be entered into by the Governments of the United States and the German Democratic Republic. (Mar. 10, 1950, ch. 54, title VI, § 601, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2509.) Statutory Notes and Related Subsidiaries TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMIS- SION OF THE UNITED STATES AS SEPARATE AGENCY WITHIN DEPARTMENT OF JUSTICE For provisions transferring Foreign Claims Settle- ment Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title. § 1644b. Receipt and determination of claims; no- tice by publication in Federal Register The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims by nationals of the United States against the German Democratic Republic for losses arising as a result of the nationaliza- tion, expropriation, or other taking of (or spe- cial measures directed against) property, includ- ing any rights or interests therein, owned whol- ly or partially, directly or indirectly, at the time by nationals of the United States whether such losses occurred in the German Democratic Republic or in East Berlin. Such claims must be submitted to the Commission within the period specified by the Commission by notice published in the Federal Register (which period shall not be more than twelve months after such publica- tion) within sixty days after October 18, 1976, or of legislation making appropriations to the Commission for payment of administrative ex- penses incurred in carrying out its functions under this subchapter, whichever date is later. (Mar. 10, 1950, ch. 54, title VI, § 602, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2510.) § 1644c. Ownership of claims by nationals A claim shall not be favorably considered under section 1644b of this title unless the prop- erty right on which it is based was owned, whol- ly or partially, directly or indirectly, by a na- tional of the United States on the date of loss and if favorably considered, the claim shall be considered only if it has been held by one or more nationals of the United States continu- ously from the date that the loss occurred until the date of filing with the Commission. (Mar. 10, 1950, ch. 54, title VI, § 603, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2510.) § 1644d. Claims based on ownership interest in or debt or other obligation owing by corpora- tions or other legal entities (a) Nationals of the United States; charge on property A claim under section 1644b of this title based upon an ownership interest in any corporation, association, or other entity which is a national of the United States, shall not be considered. A claim under section 1644b of this title based upon a debt or other obligation owing by any corporation, association, or other entity orga- nized under the laws of the United States, or of any State, the District of Columbia, or the Com- monwealth of Puerto Rico shall be considered only when such debt or other obligation is a charge on property which has been nationalized, expropriated, or taken by the German Demo- cratic Republic. (b) Direct ownership A claim under section 1644b of this title based upon a direct ownership interest in a corpora- tion, association, or other entity for loss, shall be considered subject to the provisions of this subchapter, if such corporation, association or other entity on the date of the loss was not a na- tional of the United States, without regard to