22 U.S.C. § 1641d — Claims of nationals of the United States

Page 420 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1641d the settlement of all claims under this section may have expired. (b) Individuals who fail to file claims The Commission shall receive and determine, or redetermine, as the case may be, in accord- ance with applicable substantive law, including international law, the validity and amounts of claims owned by person who were eligible to file claims under the first sentence of subsection (a) of this section on August 9, 1955, but failed to file such claims or, if they filed such claims, failed to file such claims within the limit of time required therefor: Provided, That no awards shall be made to persons who have received com- pensation in any amount pursuant to the treaty of peace with Italy, subsection (a) of this sec- tion, or section 4132 of title 50. (c) Territory ceded by Italy The Commission shall receive and determine, or redetermine as the case may be, in accord- ance with applicable substantive law, including international law, the validity and amounts of claims owned by persons who were nationals of the United States on September 3, 1943, and July 24, 1968, against the Government of Italy which arose out of the war in which Italy was engaged from June 10, 1940, to September 15, 1947, in ter- ritory ceded by Italy pursuant to the treaty of peace with Italy: Provided, That no awards shall be made to persons who have received compensa- tion in any amount pursuant to the treaty of peace with Italy or subsection (a) of this sec- tion. (d) Time within which to file; publication in Fed- eral Register Within thirty days after July 24, 1968, or with- in thirty days after the date of enactment of legislation making appropriations to the Com- mission for payment of administrative expenses incurred in carrying out its functions under sub- sections (b) and (c) of this section, whichever date is later, the Commission shall publish in the Federal Register the time when and the limit of time within which claims may be filed with the Commission, which limit shall not be more than six months after such publication. (e) Certification of awards The Commission shall certify awards on claims determined pursuant to subsections (b) and (c) of this section to the Secretary of the Treasury for payment out of remaining balances in the Italian Claims Fund in accordance with the provisions of section 1641i of this title, after payment in full of all awards certified pursuant to subsection (a) of this section. (f) Transfers from Italian Claims Fund to War Claims Fund After payment in full of all awards certified to the Secretary of the Treasury pursuant to sub- sections (a) and (e) of this section, the Secretary of the Treasury is authorized and directed to transfer the unobligated balance in the Italian Claims Fund into the War Claims Fund created by section 4110 of title 50. (Mar. 10, 1950, ch. 54, title III, § 304, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 572; amended Pub. L. 85–604, § 2, Aug. 8, 1958, 72 Stat. 531; Pub. L. 90–421, § 1(11), July 24, 1968, 82 Stat. 422.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–421 designated existing provisions as subsec. (a) and added subsecs. (b) to (f). 1958—Pub. L. 85–604 authorized the Commission to de- termine the validity and amount of claims by natural persons who were citizens of the United States on Aug. 9, 1955. § 1641d. Claims of nationals of the United States against the Soviet Union (a) Claims prior to November 16, 1933 The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of— (1) claims of nationals of the United States against a Russian national originally accruing in favor of a national of the United States with respect to which a judgment was entered in, or a warrant of attachment issued from, any court of the United States or of a State of the United States in favor of a national of the United States, with which judgment or war- rant of attachment a lien was obtained by a national of the United States, prior to Novem- ber 16, 1933, upon any property in the United States which has been taken, collected, recov- ered, or liquidated by the Government of the United States pursuant to the Litvinov As- signment. Awards under this paragraph shall not exceed the proceeds of such property as may have been subject to the lien of the judg- ment or attachment; nor, in the event that such proceeds are less than the aggregate amount of all valid claims so related to the same property, exceed an amount equal to the proportion which each such claim bears to the total amount of such proceeds; and (2) claims, arising prior to November 16, 1933, of nationals of the United States against the Soviet Government. (b) Federal and State court judgments Any judgment entered in any court of the United States or of a State of the United States shall be binding upon the Commission in its de- termination, under paragraph (1) of subsection (a) of this section, of any issue which was deter- mined by the court in which the judgment was entered. (c) Preferences The Commission shall give preference to the disposition of the claims referred to in para- graph (1) of subsection (a) of this section, over all other claims presented to it under this sub- chapter. (Mar. 10, 1950, ch. 54, title III, § 305, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 572.) § 1641e. Filing of claims; notice in Federal Reg- ister (a) Time period Within sixty days after August 9, 1955, or with- in sixty days after the date of enactment of leg- islation making appropriations to the Commis- sion for payment of administrative expenses in- curred in carrying out its functions under para- graph (1), (2), or (3) of section 1641b of this title,