22 U.S.C. § 1626 — Payments

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’’. Page 409 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1627 1953—Subsec. (b). Act Aug. 8, 1953, increased the amount deductible to cover expenses from 3 to 5 per- cent. 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. § 1627. Creation of special funds in Treasury (a) Credits to, and payment from funds There are created in the Treasury of the United States (1) a special fund to be known as the Yugoslav Claims Fund; and (2) such other special funds as may, in the discretion of the Secretary of the Treasury, be required, each to be a claims fund to be known by the name of the foreign government which has entered into a settlement agreement with the Government of the United States as described in subsection (a) of section 1623 of this title. There shall be cov- ered into the Treasury to the credit of the prop- er special fund all funds hereinafter specified. All payments authorized under section 1626 of this title shall be disbursed from the proper fund, as the case may be, and all amounts cov- ered into the Treasury to the credit of the afore- said funds are permanently appropriated for the making of the payments authorized by section 1626 of this title. (b) Credits to Yugoslav Claims Fund; credits to other funds The Secretary of the Treasury is authorized and directed to cover into— (1) the Yugoslav Claims Fund the sum of $17,000,000 being the amount paid by the Gov- ernment of the Federal People’s Republic of Yugoslavia pursuant to the Yugoslav Claims Agreement of 1948; (2) a special fund created for that purpose pursuant to subsection (a) of this section any amounts hereafter paid, in United States dol- lars, by a foreign government which has en- tered into a claims settlement agreement with the Government of the United States as de- scribed in subsection (a) of section 1623 of this title. (c) Payment of awards The Secretary of the Treasury is authorized and directed out of the sums covered, prior to July 24, 1968, into any of the funds pursuant to subsection (b) of this section, and after making the deduction provided for in section 1626(b)(1) of this title— (1) to make payments in full of the principal of awards of $1,000 or less, certified pursuant to section 1624 of this title; (2) to make payments of $1,000 on the prin- cipal of each award of more than $1,000 in prin- cipal amount, certified pursuant to section 1624 of this title; (3) to make additional payment of not to ex- ceed 25 per centum of the unpaid principal of awards in the principal amount of more than $1,000; (4) after completing the payments prescribed by paragraphs (2) and (3) of this subsection, to make payments, from time to time in ratable proportions, on account of the unpaid prin- cipal of all awards in the principal amount of more than $1,000, according to the proportions which the unpaid principal of such awards bear to the total amount in the fund available for distribution at the time such payments are made; and (5) after payment has been made of the prin- cipal amounts of all such awards, to make pro rata payments on account of accrued interest on such awards as bear interest. (d) Payment of balance to Yugoslav Government; certification of adjudication costs; finality of certification The Secretary of the Treasury, upon the con- currence of the Secretary of State, is authorized and directed, out of the sum covered into the Yugoslav Claims Fund pursuant to subsection (b) of this section, after completing the pay- ments of such funds pursuant to subsection (c) of this section, to make payment of the balance of any sum remaining in such fund to the Gov- ernment of the Federal People’s Republic of Yugoslavia to the extent required under article 1(c) of the Yugoslav Claims Agreement of 1948. The Secretary of State shall certify to the Sec- retary of the Treasury the total cost of adju- dication, not borne by the claimants, attrib- utable to the Yugoslav Claims Agreement of 1948. Such certification shall be final and con- clusive and shall not be subject to review by any other official, or department, agency, or estab- lishment of the United States. (e) Payments; priorities Except as provided in subsection (f), the Sec- retary of the Treasury is authorized and di- rected out of sums covered, subsequent to July 24, 1968, into any special fund created pursuant to this section to make payment on account of awards certified by the Commission pursuant to this subchapter with respect to claims included within the terms of a claims settlement agree- ment concluded between the Government of the United States and a foreign government as de- scribed in section 1623(a) of this title, as follows and in the following order of priority: (1) Payment in the amount of $1,000 or the principal amount of the award, whichever is less; (2) Thereafter, payments from time to time on account of the unpaid principal balance of each remaining award which shall bear to such