22 U.S.C. § 1641a — Claims funds

Page 418 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1641 to special wartime measures directed against it because of the enemy character of some or all of its stockholders; and no certificate by the De- partment of State as provided under section 1631f(c) of this title shall be required for such persons. (b) Notice of claim; time of claim; fund for pay- ment An interest in property vested under the Trad- ing With the Enemy Act, as amended, as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania shall be subject to return under subsection (a) of this section only if a notice of claim for the return of any such interest has been timely filed under the provisions of section 4330 of Title 50, pro- vided that application may be made therefore within six months after July 24, 1968. In the event such interest has been liquidated and the net proceeds thereof transferred to the Bul- garian Claims Fund, Hungarian Claims Fund, or Rumanian Claims Fund, the net proceeds of any other interest representing vested property held in the United States Treasury may be used for the purpose of making the return hereunder. (c) Finality of determination Determinations by the designee of the Presi- dent or any other officer or agency with respect to claims under this section, including the al- lowance or disallowance thereof, shall be final and shall not be subject to review by any court. (Mar. 10, 1950, ch. 54, title II, § 216, as added Pub. L. 90–421, § 1(7), July 24, 1968, 82 Stat. 421.) Editorial Notes REFERENCES IN TEXT The Trading With the Enemy Act, as amended, re- ferred to in subsecs. (a) and (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. SUBCHAPTER III—CLAIMS AGAINST BUL- GARIA, HUNGARY, RUMANIA, ITALY, AND THE SOVIET UNION § 1641. Definitions As used in this subchapter the term— (1) ‘‘Person’’ means a natural person, part- nership, association, other unincorporated body, corporation, or body politic. (2) ‘‘National of the United States’’ means (A) a natural person who is a citizen of the United States, or who owes permanent alle- giance to the United States, and (B) a corpora- tion or other legal entity which is organized under the laws of the United States, any State or Territory thereof, or the District of Colum- bia, if natural persons who are nationals of the United States own, directly or indirectly, more than 50 per centum of the outstanding capital stock or other beneficial interest in such legal entity. It does not include aliens. (3) ‘‘Treaty of peace’’, with respect to a country, means the treaty of peace with that country signed at Paris, France, February 10, 1947, which came into force between that coun- try and the United States on September 15, 1947. (4) ‘‘Memorandum of Understanding’’ means the Memorandum of Understanding between the United States and Italy regarding Italian assets in the United States and certain claims of nationals of the United States, signed at Washington, District of Columbia, August 14, 1947 (61 Stat. 3962). (5) ‘‘Soviet Government’’ means the Union of Soviet Socialist Republics, including any of its present or former constituent republics, other political subdivisions, and any terri- tories thereof, as constituted on or prior to November 16, 1933. (6) ‘‘Litvinov Assignment’’ means (A) the communication dated November 16, 1933, from Maxim Litvinov to President Franklin D. Roo- sevelt, wherein the Soviet Government as- signed to the Government of the United States amounts admitted or found to be due it as the successor of prior governments of Russia, or otherwise, preparatory to a final settlement of the claims outstanding between the two Gov- ernments and the claims of their nationals; (B) the communication dated November 16, 1933, from President Franklin D. Roosevelt to Maxim Litvinov, accepting such assignment; and (C) the assignments executed by Serge Ughet on August 25, 1933, and November 15, 1933, assigning certain assets to the Govern- ment of the United States. (7) ‘‘Russian national’’ includes any corpora- tion or business association organized under the laws, decrees, ordinances, or acts of the former Empire of Russia or of any government successor thereto, and subsequently national- ized or dissolved or whose assets were taken over by the Soviet Government or which was merged with any other corporation or organi- zation by the Soviet Government. (8) ‘‘Commission’’ means the Foreign Claims Settlement Commission of the United States, established pursuant to Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279). (9) ‘‘Property’’ means any property, right, or interest. (Mar. 10, 1950, ch. 54, title III, § 301, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 570.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 1 of 1954, referred to in par. (8), is Reorg. Plan No. 1 of 1954, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title. 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. § 1641a. Claims funds (a) Establishment; coverage into Treasury; de- duction There are created in the Treasury of the United States five funds to be known as the Bul- Page 419 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1641c garian Claims Fund, the Hungarian Claims Fund, the Rumanian Claims Fund, the Italian Claims Fund, and the Soviet Claims Fund. The Secretary of the Treasury shall cover into each of the Hungarian, Rumanian, and Bulgarian Claims Funds, the funds attributable to the re- spective country or its nationals covered into the Treasury pursuant to subsections (a) and (b) of section 1631a of this title. The Secretary of the Treasury shall cover into the Italian Claims Fund the sum of $5,000,000 paid to the United States by the Government of Italy pursuant to article II of the Memorandum of Understanding. The Secretary shall cover into the Treasury the funds collected by the United States pursuant to the Litvinov Assignment (including postal funds due prior to November 16, 1933, to the Union of Soviet Socialist Republics because of money or- ders certified to that country for payment) and shall cover into the Soviet Claims Fund the funds so covered into the Treasury. The Sec- retary shall deduct from each claims fund 5 per centum thereof as reimbursement to the Gov- ernment of the United States for the expenses incurred by the Commission and by the Treas- ury Department in the administration of this subchapter. Such deduction shall be made before any payment is made out of such fund under sec- tion 1641i of this title. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts. (b) Bulgarian and Rumanian fund The Secretary of the Treasury shall cover into each of the Bulgarian and Rumanian Claims Funds such sums as may be paid by the Govern- ment of the respective country pursuant to the terms of any claims settlement agreement be- tween the Government of the United States and the Government of such country. (c) Hungarian fund The Secretary of the Treasury shall cover into the Hungarian Claims Fund, such sums as may be paid to the United States by the Government of Hungary pursuant to the terms of the United States Hungarian Claims Agreement of March 6, 1973. (Mar. 10, 1950, ch. 54, title III, § 302, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 571; amended Pub. L. 90–421, § 1(8), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, § 1(1), Oct. 20, 1974, 88 Stat. 1386.) Editorial Notes AMENDMENTS 1974—Subsec. (c). Pub. L. 93–460 added subsec. (c). 1968—Pub. L. 90–421 designated existing provisions as subsec. (a) and added subsec. (b). § 1641b. Claims of nationals of the United States against Bulgaria, Hungary, and Rumania The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims of nationals of the United States against the Governments of Bulgaria, Hungary, and Rumania, or any of them, arising out of the failure to— (1) restore or pay compensation for property of nationals of the United States as required by article 23 of the treaty of peace with Bul- garia, articles 26 and 27 of the treaty of peace with Hungary, and articles 24 and 25 of the treaty of peace with Rumania. Awards under this paragraph shall be in amounts not to ex- ceed two-thirds of the loss or damage actually sustained; (2) pay effective compensation for the na- tionalization, compulsory liquidation, or other taking, prior to August 9, 1955, of property of nationals of the United States in Bulgaria, Hungary, and Rumania; (3) meet obligations expressed in currency of the United States arising out of contractual or other rights acquired by nationals of the United States prior to April 24, 1941, in the case of Bulgaria, and prior to September 1, 1939, in the case of Hungary and Rumania, and which became payable prior to September 15, 1947; (4) pay effective compensation for the na- tionalization, compulsory liquidation, or other taking of property of nationals of the United States in Bulgaria and Rumania, between Au- gust 9, 1955, and the effective date of the claims agreement between the respective country and the United States; and (5) pay effective compensation for the na- tionalization, compulsory liquidation, or other taking of property of nationals of the United States in Hungary, between August 9, 1955, and the date the United States-Hungarian Claims Agreement of March 6, 1973, enters into force. (Mar. 10, 1950, ch. 54, title III, § 303, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 571; amended Pub. L. 90–421, § 1(9), (10), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, § 1(2), (3), Oct. 20, 1974, 88 Stat. 1386.) Editorial Notes AMENDMENTS 1974—Par. (5). Pub. L. 93–460, § 1(3), added par. (5). 1968—Par. (4). Pub. L. 90–421, § 1(10), added par. (4). § 1641c. Claims of nationals of the United States against Italy (a) Claims not provided for in peace treaty The Commission shall receive and determine, in accordance with the Memorandum of Under- standing and applicable substantive law, includ- ing international law, the validity and amount of claims of nationals of the United States against the government of Italy arising out of the war in which Italy was engaged from June 10, 1940, to September 15, 1947, and with respect to which provision was not made in the treaty of peace with Italy. Upon payment of the principal amounts (without interest) of all awards from the Italian Claims Fund created pursuant to sec- tion 1641a of this title, the Commission shall de- termine the validity and amount of any claim under this section by any natural person who was a citizen of the United States on August 9, 1955 and shall, in the event an award is issued pursuant to such claim, certify the same to the Secretary of the Treasury for payment out of re- maining balances in the Italian Claims Fund in accordance with the provisions of section 1641i of this title, notwithstanding that the period of time prescribed in section 1641o of this title for