22 U.S.C. § 1643 — Congressional declaration of purpose

Page 430 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1642p provisions of subchapter I shall be applicable to this subchapter: Subsections (b), (c), (d), (e), (h), and (j) of section 1623 of this title; subsections (c), (d), (e), and (f) of section 1626 of this title. (Mar. 10, 1950, ch. 54, title IV, § 416, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.) § 1642p. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to enable the Com- mission and the Treasury Department to pay their administrative expenses incurred in car- rying out their functions under this subchapter. (Mar. 10, 1950, ch. 54, title IV, § 417, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.) SUBCHAPTER V—CLAIMS AGAINST CUBA AND CHINA § 1643. Congressional declaration of purpose It is the purpose of this subchapter to provide for the determination of the amount and valid- ity of claims against the Government of Cuba, or the Chinese Communist regime, which have arisen 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, out of nationaliza- tion, expropriation, intervention, or other takings of, or special measures directed against, property of nationals of the United States, and claims for disability or death of nationals of the United States arising out of violations of inter- national law by the Government of Cuba, or the Chinese Communist regime, in order to obtain information concerning the total amount of such claims against the Government of Cuba, or the Chinese Communist regime, on behalf of na- tionals of the United States. This subchapter shall not be construed as authorizing an appro- priation or as any intention to authorize an ap- propriation for the purpose of paying such claims. (Mar. 10, 1950, ch. 54, title V, § 501, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89–262, § 1, Oct. 19, 1965, 79 Stat. 988; Pub. L. 89–780, § 1, Nov. 6, 1966, 80 Stat. 1365.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–780 provided for applicability of sec- tion to the Chinese Communist regime in the case of claims which have arisen since October 1, 1949. 1965—Pub. L. 89–262 struck out ‘‘which have arisen out of debts for merchandise furnished or services ren- dered by nationals of the United States without regard to the date on which such merchandise was furnished or services were rendered or’’ after ‘‘Government of Cuba’’ in first sentence. Statutory Notes and Related Subsidiaries SEPARABILITY Act Mar. 10, 1950, ch. 54, title V, § 513, as added by Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113, provided that: ‘‘If any provision of this Act [enacting this subchapter], 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.’’ § 1643a. Definitions For the purposes of this subchapter: (1) The term ‘‘national of the United States’’ means (A) a natural person who is a citizen of the United States, or (B) a corporation or other legal entity which is organized under the laws of the United States, or of any State, the District of Columbia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 per centum or more of the outstanding capital stock or other beneficial interest of such corporation 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 the Government of Cuba or the Chinese Communist regime or by enter- prises which have been nationalized, expropri- ated, intervened, or taken by the Government of Cuba or the Chinese Communist regime and debts which are a charge on property which has been nationalized, expropriated, intervened, or taken by the Government of Cuba or the Chinese Communist regime. (4) The term ‘‘Government of Cuba’’ includes the government of any political subdivision, agency, or instrumentality thereof. (5) The term ‘‘Chinese Communist regime’’ means the so-called Peoples Republic of China, including any political subdivision, agency, or instrumentality thereof. (Mar. 10, 1950, ch. 54, title V, § 502, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89–780, § 2, Nov. 6, 1966, 80 Stat. 1365.) Editorial Notes AMENDMENTS 1966—Par. (3). Pub. L. 89–780, § 2(1), inserted reference to the Chinese Communist regime in three places. Par. (5). Pub. L. 89–780, § 2(2), added par. (5). 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. § 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 va- lidity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising since Janu- ary 1, 1959, in the case of claims against the Gov- ernment of Cuba, or since October 1, 1949, in the case of claims against the Chinese Communist regime, for losses resulting from the national- ization, expropriation, intervention, or other taking of, or special measures directed against,