22 U.S.C. § 1642g — Consolidated awards

Page 428 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1642c Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 1642c. Determination of validity and amount of claims The Commission shall determine in accord- ance with applicable substantive law, including international law, the validity and amount of claims by nationals of the United States against the Government of Czechoslovakia for losses re- sulting from the nationalization or other taking on and after January 1, 1945, of property includ- ing any rights or interests therein owned at the time by nationals of the United States, subject, however, to the terms and conditions of an ap- plicable claims agreement, if any, concluded be- tween the Governments of Czechoslovakia and the United States within one year following Au- gust 8, 1958. In making the determination with respect to the validity and amount of claims and value of properties, rights, or interests taken, the Commission is authorized to accept the fair or proved value of the said property, right, or in- terest as of a time when the property or business enterprise taken, was last operated, used, man- aged or controlled by the national or nationals of the United States asserting the claim irre- spective of whether such date is prior to the ac- tual date of nationalization or taking by the Government of Czechoslovakia. (Mar. 10, 1950, ch. 54, title IV, § 404, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528.) § 1642d. Nationality requirements A claim under section 1642c of this title shall not be allowed unless the property upon which the claim is based was owned by a national of the United States on the date of nationalization or other taking thereof and unless the claim has been held by a national of the United States continuously thereafter until the date of filing with the Commission. (Mar. 10, 1950, ch. 54, title IV, § 405, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528.) § 1642e. Claims based on ownership interest in corporations or other legal entities (a) Nationals of United States A claim under section 1642c of this title, based upon an ownership interest in any corporation, association, or other entity which is a national of the United States shall be denied. (b) Direct ownership A claim under section 1642c of this title, based upon a direct ownership interest in a corpora- tion, association, or other entity for loss by rea- son of the nationalization or other taking of such corporation, association, or other entity, or the property thereof, shall be allowed, subject to other provisions of this subchapter, if such corporation, association, or other entity on the date of the nationalization or other taking was not a national of the United States, without re- gard to the per centum of ownership vested in the claimant in any such claim. (c) Indirect ownership A claim under section 1642c of this title, based upon an indirect ownership interest in a cor- poration, association, or other entity for loss by reason of the nationalization or other taking of such corporation, association, or other entity, or the property thereof, shall be allowed, subject to other provisions of this subchapter, only if at least 25 per centum of the entire ownership in- terest thereof at the time of such nationaliza- tion or other taking was vested in nationals of the United States. (d) Computation of award Any award on a claim under subsection (b) or (c) of this section shall be calculated on the basis of the total loss suffered by such corpora- tion, association, or other entity, and shall bear the same proportion to such loss as the owner- ship interest of the claimant bears to the entire ownership interest thereof. (Mar. 10, 1950, ch. 54, title IV, § 406, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 529.) § 1642f. Prevention of double benefits In determining the amount of any award by the Commission there shall be deducted all amounts the claimant has received from any source on account of the same loss or losses with respect to which such award is made. (Mar. 10, 1950, ch. 54, title, IV, § 407, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 529.) § 1642g. Consolidated awards With respect to any claim under section 1642c of this title which, at the time of the award, is vested in persons other than the person by whom the loss was sustained, the Commission may issue a consolidated award in favor of all claimants then entitled thereto, which award shall indicate the respective interests of such claimants therein, and all such claimants shall participate, in proportion to their indicated in- terests, in the payments authorized by this sub- chapter in all respects as if the award had been in favor of a single person. (Mar. 10, 1950, ch. 54, title IV, § 408, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 529.) § 1642h. Prohibition against payment of award to certain persons No award shall be made on any claim under section 1642c of this title to or for the benefit of