22 U.S.C. § 1642o — Applicability of administrative provi-

Page 429 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1642o (1) any person who has been convicted of a viola- tion of any provision of chapter 115 of title 18, or of any other crime involving disloyalty to the United States, or (2) any claimant whose claim under this subchapter is within the scope of sub- chapter III of this chapter. (Mar. 10, 1950, ch. 54, title IV, § 409, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 529.) § 1642i. Certification of awards The Commission shall certify to the Secretary of the Treasury, in terms of United States cur- rency, each award made pursuant to this sub- chapter. (Mar. 10, 1950, ch. 54, title IV, § 410, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 529.) § 1642j. Time for filing of claims; notice Within sixty days after August 8, 1958, or of legislation making appropriations to the Com- mission for payment of administrative expenses incurred in carrying out its functions under this subchapter, whichever date is later, the Com- mission shall give public notice by publication in the Federal Register of the time when, and the limit of time within which claims may be filed, which limit shall not be more than twelve months after such publication. (Mar. 10, 1950, ch. 54, title IV, § 411, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 529.) § 1642k. Time limitation on completion of affairs of Commission The Commission shall complete its affairs in connection with the settlement of claims pursu- ant to this subchapter not later than three years following the final date for the filing of claims as provided in section 1642j of this title or fol- lowing the enactment of legislation making ap- propriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter, which- ever date is later. (Mar. 10, 1950, ch. 54, title IV, § 412, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 529.) § 1642l. Payment of awards (a) Manner of payment The Secretary of the Treasury is authorized and directed, out of the sums covered into the Czechoslovakian Claims Fund, to make pay- ments on account of awards certified by the Commission pursuant to this subchapter as fol- lows and in the following order of priority: (1) Payment in the amount of $1,000 or in the amount of the award, whichever is less. (2) Thereafter, payments from time to time on account of the unpaid balance of each remaining award made pursuant to this subchapter which shall bear to such unpaid balance the same pro- portion as the total amount in the fund avail- able for distribution at the time such payments are made bears to the aggregate unpaid balance of all such awards. (b) Regulations Such payments, and applications for such pay- ments, shall be made in accordance with such regulations as the Secretary of the Treasury shall prescribe. (c) ‘‘Award’’ defined For the purpose of making any such payments, an ‘‘award’’ shall be deemed to mean the aggre- gate of all awards certified in favor of the same claimant. (d) Payment of interest of deceased persons or persons under legal disability If any person to whom any payment is to be made pursuant to this subchapter is deceased or is under a legal disability, payment shall be made to his legal representative, except 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 Comptroller General to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates. (e) Partial payments Subject to the provisions of any claims agree- ment hereafter concluded between the Govern- ments of Czechoslovakia and the United States, payment of any award pursuant to this sub- chapter shall not, unless such payment is for the full amount of the claim, as determined by the Commission to be valid, with respect to which the award is made, extinguish such claim, or be construed to have divested any claimant, or the United States on his behalf, of any rights against any foreign government for the unpaid balance of his claim. (Mar. 10, 1950, ch. 54, title IV, § 413, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.) § 1642m. Fees of attorneys; limitation; penalty No remuneration on account of services ren- dered on behalf of any claimant in connection with any claim filed with the Commission under this subchapter shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this subchapter on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or re- ceives, on account of services so rendered, any remuneration in excess of the maximum per- mitted by this section, shall be guilty of a mis- demeanor, and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. (Mar. 10, 1950, ch. 54, title IV, § 414, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.) § 1642n. Transfer of records The Secretary of State is authorized and di- rected to transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this subchapter as may be required by the Commission in car- rying out its functions under this subchapter. (Mar. 10, 1950, ch. 54, title IV, § 415, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.) § 1642o. Applicability of administrative provi- sions of subchapter I To the extent they are not inconsistent with the provisions of this subchapter, the following 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,