22 U.S.C. § 1624 — Certification of awards; certification of

Page 407 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1624 States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the na- tionalization or other taking of property, by the agree- ment of the Government of the United States to accept from that government a sum in en bloc settlement thereof.’’ 1986—Subsec. (a). Pub. L. 99–451, § 1(a), amended sec- ond sentence generally. Prior to amendment, second sentence read as follows: ‘‘In the decision of claims under this subchapter, the Commission shall apply the following in the following order: (1) The provisions of the applicable claims agreement as provided in this subsection; and (2) the applicable principles of inter- national law, justice, and equity.’’ Subsec. (k). Pub. L. 99–451, § 1(b), added subsec. (k). 1968—Subsec. (f). Pub. L. 90–421 struck out provisions which authorized the Commission to determine the amount of attorney’s fees, such fees not to exceed 10% of the award and any written agreement between attor- ney and claimant as to fees to be conclusive upon the Commission, if the agreed upon fees do not exceed 10% of the award, provisions which authorized the Sec- retary of the Treasury to deduct the fees from the amount of the award and to pay it directly to the attor- ney, any agreement to the contrary to be unlawful and void, provisions which authorized the Commission to give notice by mail to each claimant of the provisions of this subsection, and provisions which authorized the Commission to recover any fees paid in contravention of this subsection, the recipient to forfeit all rights under this subchapter. 1955—Act Aug. 9, 1955, § 1, amended credit to section by designating act Mar. 10, 1950, as ‘‘title I’’. Subsecs. (a), (b), (e) to (h), (j). Act Aug. 9, 1955, § 2, substituted ‘‘subchapter’’ for ‘‘chapter’’. Statutory Notes and Related Subsidiaries REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R. 2076 References to this subchapter deemed to include sec- tion 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Au- thority of Foreign Claims Settlement Commission note under section 1644 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–451, § 2, Oct. 8, 1986, 100 Stat. 1139, provided that: ‘‘The amendments made by this Act [amending this section] shall apply to any claim pending on the date of the enactment of this Act [Oct. 8, 1986] and to any other claim determined after such date.’’ PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN FEDERAL REGISTER Act Mar. 10, 1950, ch. 54, title VI, § 615, as added Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512, provided that: ‘‘Notwithstanding the provision of sections 210 and 211 of the War Claims Act of 1948 (Act of July 3, 1948), as amended by Public Law 87–846 [50 U.S.C. 4140, 4141], the Foreign Claims Settlement Commission established by Reorganization Plan No. 1 of 1954 (68 Stat. 1279) [set out under section 1622 of this title] is authorized and di- rected to receive and consider protests relating to awards made by the Commission during the ten cal- endar days immediately preceding the expiration of the Commission’s mandate to make such awards on May 17, 1967. Any such protests must be filed within ninety days after notice of the enactment of this provision is filed with and published in the Federal Register, which shall take place within thirty days of enactment [Oct. 18, 1976]. Such protests may include the submission of new evidence not previously before the Commission, and shall be acted upon within thirty days after receipt by the Commission. The Commission may modify awards made during the subject period in accordance with the procedures established by the War Claims Act of 1948 [50 U.S.C. 4101 et seq.], and any increases in awards determined to be appropriated by the Commis- sion shall be certified to and paid by the Secretary of the Treasury out of funds which are now or may here- after become available in the War Claims Fund in ac- cordance with section 213 of the Act [50 U.S.C. 4143].’’ Executive Documents ABOLITION OF INTERNATIONAL CLAIMS COMMISSION AND TRANSFER OF FUNCTIONS International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Set- tlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title. For provisions transferring the Foreign Claims Set- tlement Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title. § 1624. Certification of awards; certification of claims The Commission shall, as soon as possible, and in the order of the making of such awards, cer- tify to the Secretary of the Treasury and to the Secretary of State copies of the awards made in favor of the Government of the United States or of nationals of the United States under this sub- chapter. The Commission shall certify to the Secretary of State, upon his request, copies of the formal submissions of claims filed pursuant to subsection (b) of section 1623 of this title for transmission to the foreign government con- cerned. (Mar. 10, 1950, ch. 54, title I, § 5, 64 Stat. 16; Aug. 9, 1955, ch. 645, §§ 1, 2, 69 Stat. 562.) Editorial Notes AMENDMENTS 1955—Act Aug. 9, 1955, § 1, amended credit to section by designating act Mar. 10, 1950, as ‘‘title I’’. Act Aug. 9, 1955, § 2, substituted ‘‘subchapter’’ for ‘‘chapter’’. Statutory Notes and Related Subsidiaries REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R. 2076 References to this subchapter deemed to include sec- tion 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Au- thority of Foreign Claims Settlement Commission note under section 1644 of this title. Executive Documents ABOLITION OF INTERNATIONAL CLAIMS COMMISSION AND TRANSFER OF FUNCTIONS International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Set- tlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title. 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. Page 408 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1625 § 1625. Omitted Editorial Notes CODIFICATION Section, acts Mar. 10, 1950, ch. 54, title 1, § 6, 64 Stat. 16; Aug. 8, 1953, ch. 396, § 1, 67 Stat. 506, provided that Commission complete its affairs in connection with settlement of all United States-Yugoslavian Claims arising under Yugoslav Claims Agreement of 1948, by December 31, 1954. § 1626. Payments (a) Principal and interest; regulations Subject to the limitations hereinafter pro- vided, the Secretary of the Treasury is author- ized and directed to pay, as prescribed by sec- tion 1627 of this title, an amount not exceeding the principal of each award, plus accrued inter- est on such awards as bear interest, certified pursuant to section 1624 of this title, in accord- ance with the award. Such payments, and appli- cations for such payments, shall be made in ac- cordance with such regulations as the Secretary of the Treasury may prescribe. (b) Deductions; coverage into Treasury; reim- bursement for expenses (1) There shall be deducted from the amount of each payment made pursuant to subsection (c) of section 1627 of this title, as reimbursement for the expenses incurred by the United States, an amount equal to 5 per centum of such pay- ment. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts. (2) The Secretary of the Treasury shall deduct from any amounts covered, subsequent to July 24, 1968, into any special fund, created pursuant to section 1627 of this title, 5 per centum thereof as reimbursement to the Government of the United States for expenses incurred by the Com- mission and by the Treasury Department in the administration of this subchapter. The amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts. (c) To whom made; exceptions Payments made pursuant to this subchapter shall be made only to the person or persons on behalf of whom the award is made, except that— (1) if any person to whom any payment is to be made pursuant to this subchapter is de- ceased or is under a legal disability, payment shall be made to his legal representative, ex- cept that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto, without the necessity of compliance with the require- ments of law with respect to the administra- tion of estates; (2) in the case of a partnership or corpora- tion, the existence of which has been termi- nated and on behalf of which an award is made, payment shall be made, except as pro- vided in paragraphs (3) and (4) of this sub- section, to the person or persons found by the Secretary of the Treasury to be entitled there- to; (3) if a receiver or trustee for any such part- nership or corporation has been duly ap- pointed by a court of competent jurisdiction in the United States and has not been dis- charged prior to the date of payment, payment shall be made to such receiver or trustee in ac- cordance with the order of the court; (4) if a receiver or trustee for any such part- nership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear; and (5) in the case of any assignment of an award, or any part thereof, which is made in writing and duly acknowledged and filed, after such award is certified to the Secretary of the Treasury, payment may, in the discretion of the Secretary of the Treasury, be made to the assignee, as his interest may appear. (d) Erroneous payments as bar to further recov- ery Whenever the Secretary of the Treasury shall find that any person is entitled to any such pay- ment, after such payment shall have been re- ceived by such person, it shall be an absolute bar to recovery by any other person against the United States, its officers, agents, or employees with respect to such payment. (e) Acquiescence in conditions of subchapter Any person who makes application for any such payment shall be held to have consented to all the provisions of this subchapter. (f) Non-assumption of liability by United States on claims against foreign governments Nothing in this subchapter shall be construed as the assumption of any liability by the United States for the payment or satisfaction, in whole or in part, of any claim on behalf of any na- tional of the United States against any foreign government. (Mar. 10, 1950, ch. 54, title I, § 7, 64 Stat. 16; Aug. 8, 1953, ch. 396, § 2, 67 Stat. 506; Aug. 9, 1955, ch. 645, §§ 1, 2, 69 Stat. 562; Pub. L. 90–421, § 1(2), (3), July 24, 1968, 82 Stat. 420; Pub. L. 104–316, title II, § 202(h), Oct. 19, 1996, 110 Stat. 3842.) Editorial Notes AMENDMENTS 1996—Subsec. (c)(1), (2). Pub. L. 104–316, § 202(h)(1), substituted ‘‘Secretary of the Treasury’’ for ‘‘Comp- troller General’’ in par. (1) and ‘‘Secretary of the Treas- ury’’ for ‘‘Comptroller General of the United States’’ in par. (2). Subsec. (d). Pub. L. 104–316, § 202(h)(2), struck out ‘‘, or the Comptroller General of the United States, as the case may be,’’ after ‘‘Secretary of the Treasury’’. 1968—Subsec. (b). Pub. L. 90–421, § 1(2), designated ex- isting provisions as par. (1) and added par. (2). Subsec. (c)(1). Pub. L. 90–421, § 1(3), substituted ‘‘any person to whom any payment is to be made pursuant to this subchapter’’ for ‘‘such person’’ and ‘‘, except that if any payment to be made is not over $1000’’ for ‘‘: Provided, That if the total award is not over $500’’, and struck out ‘‘of the United States’’ after ‘‘Comp- troller General’’. 1955—Act Aug. 9, 1955, § 1, amended credit to section by designating act Mar. 10, 1950, as ‘‘title I’’. Act Aug. 9, 1955, § 2, substituted ‘‘subchapter’’ for ‘‘chapter’’.