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22 U.S.C. § 6084 — Limitation of actions

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6084 — Limitation of actions

Page 1760 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6084 claim, unless the declaration of value or in- validation was found pursuant to binding international arbitration to which the United States or the claimant submitted the claim. (b) Omitted (c) Rule of construction Nothing in this chapter or in section 514 of the International Claims Settlement Act of 1949 [22 U.S.C. 1643l], as added by subsection (b), shall be construed— (1) to require or otherwise authorize the claims of Cuban nationals who became United States citizens after their property was con- fiscated to be included in the claims certified to the Secretary of State by the Foreign Claims Settlement Commission for purposes of future negotiation and espousal of claims with a friendly government in Cuba when diplo- matic relations are restored; or (2) as superseding, amending, or otherwise altering certifications that have been made under title V of the International Claims Set- tlement Act of 1949 [22 U.S.C. 1643 et seq.] be- fore March 12, 1996. (Pub. L. 104–114, title III, § 303, Mar. 12, 1996, 110 Stat. 819.) Editorial Notes REFERENCES IN TEXT The International Claims Settlement Act of 1949, re- ferred to in subsecs. (a)(1), (2) and (c)(2), is act Mar. 10, 1950, ch. 54, 64 Stat. 12. Title V of the Act is classified generally to subchapter V (§ 1643 et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 785, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which is classified principally to this chapter. For comple

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Stable record: federal_law:legal_authorities:usc2024-f32a37ffd6d2c77c3bd2f0b8
Source file: Laws/federal/codes/united-states-code-2024/title-22/section-6084-limitation-of-actions--ecbb393c80.md
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Source location: USCODE-2024-title22-chap69A-subchapIII-sec6084.pdf

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Page 1760 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6084 claim, unless the declaration of value or in- validation was found pursuant to binding international arbitration to which the United States or the claimant submitted the claim. (b) Omitted (c) Rule of construction Nothing in this chapter or in section 514 of the International Claims Settlement Act of 1949 [22 U.S.C. 1643l], as added by subsection (b), shall be construed— (1) to require or otherwise authorize the claims of Cuban nationals who became United States citizens after their property was con- fiscated to be included in the claims certified to the Secretary of State by the Foreign Claims Settlement Commission for purposes of future negotiation and espousal of claims with a friendly government in Cuba when diplo- matic relations are restored; or (2) as superseding, amending, or otherwise altering certifications that have been made under title V of the International Claims Set- tlement Act of 1949 [22 U.S.C. 1643 et seq.] be- fore March 12, 1996. (Pub. L. 104–114, title III, § 303, Mar. 12, 1996, 110 Stat. 819.) Editorial Notes REFERENCES IN TEXT The International Claims Settlement Act of 1949, re- ferred to in subsecs. (a)(1), (2) and (c)(2), is act Mar. 10, 1950, ch. 54, 64 Stat. 12. Title V of the Act is classified generally to subchapter V (§ 1643 et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 785, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6021 of this title and Tables. CODIFICATION Section is comprised of section 303 of Pub. L. 104–114. Subsec. (b) of section 303 of Pub. L. 104–114 enacted sec- tion 1643l of this title. § 6084. Limitation of actions An action under section 6082 of this title may not be brought more than 2 years after the traf- ficking giving rise to the action has ceased to occur. (Pub. L. 104–114, title III, § 305, Mar. 12, 1996, 110 Stat. 821.) § 6085. Effective date (a) In general Subject to subsections (b) and (c), this sub- chapter and the amendments made by this sub- chapter shall take effect on August 1, 1996. (b) Suspension authority (1) Suspension authority The President may suspend the effective date under subsection (a) for a period of not more than 6 months if the President deter- mines and reports in writing to the appro- priate congressional committees at least 15 days before such effective date that the sus- pension is necessary to the national interests of the United States and will expedite a tran- sition to democracy in Cuba. (2) Additional suspensions The President may suspend the effective date under subsection (a) for additional peri- ods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the ap- propriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba. (c) Other authorities (1) Suspension After this subchapter and the amendments of this subchapter have taken effect— (A) no person shall acquire a property in- terest in any potential or pending action under this subchapter; and (B) the President may suspend the right to bring an action under this subchapter with respect to confiscated property for a period of not more than 6 months if the President determines and reports in writing to the ap- propriate congressional committees at least 15 days before the suspension takes effect that such suspension is necessary to the na- tional interests of the United States and will expedite a transition to democracy in Cuba. (2) Additional suspensions The President may suspend the right to bring an action under this subchapter for addi- tional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspen- sion is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the ad- ditional suspension is to begin that the sus- pension is necessary to the national interests of the United States and will expedite a tran- sition to democracy in Cuba. (3) Pending suits The suspensions of actions under paragraph (1) shall not affect suits commenced before the date of such suspension, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if the suspension had not occurred. (d) Rescission of suspension The President may rescind any suspension made under subsection (b) or (c) upon reporting to the appropriate congressional committees that doing so will expedite a transition to de- mocracy in Cuba. (Pub. L. 104–114, title III, § 306, Mar. 12, 1996, 110 Stat. 821.)

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643 — Congressional declaration of purpose

It is the purpose of this subchapter to provide for the determination of the amount and validity 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 nationalization, 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 international 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 nationals of the United States. This subchapter shall not be construed as authorizing an appropriation or as any intention to authorize an appropriation for the purpose of paying such claims.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643 — Congressional declaration of purpose

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-

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1643

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643l — Determination of ownership of claims referred by district courts of the United States

Notwithstanding any other provision of this chapter and only for purposes of [section 6082 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6082&num=0&edition=prelim), a United State 11So in original. Probably should be “States”. district court, for fact-finding purposes, may refer to the Commission, and the Commission may determine, questions of the amount and ownership of a claim by a United States national (as defined in [section 6023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6023&num=0&edition=prelim)), resulting from the confiscation of property by the Government of Cuba described in [section 1643b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643b/a&num=0&edition=prelim), whether or not the United States national qualified as a national of the United States (as defined in [section 1643a(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643a/1&num=0&edition=prelim)) at the time of the action by the Government of Cuba.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643l — Determination of ownership of claims re-

Page 433 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1644 1So in original. Probably should be ‘‘States’’. much of such amount, if any, as exceeds $20,000. Any agreement to the contrary shall be unlaw- ful and void. Whoever, in the United States or elsewhere, demands or receives on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. (Mar. 10, 1950, ch. 54, title V, § 512, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113.) § 1643l. Determination of ownership of claims re- ferred by district courts of the United States Notwithstanding any other provision of this chapter and only for purposes of section 6082 of this title, a United State 1 district court, for fact-finding purposes, may refer to the Commis- sion, and the Commission may determine, ques- tions of the amount and ownership of a claim by a United States national (as defined in section 6023 of this title), resulting from the confisca- tion of property by the Government of Cuba de- scribed in section 1643b(a) of this title, whether or not the United States national qualified as a national of the United States (as defined in sec- tion 1643a(1) of this title) at the time of the ac- tion by the Government of Cuba. (Mar. 10, 1950, ch. 54, title V, § 514, as added Pub. L. 104–114, title III, § 303(b), Mar. 12, 1996, 110 Stat. 820.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 1, 1996, or date determined pur- suant to suspension authority of President, see section 6085 of this title. § 1643m. Exclusivity of Foreign Claims Settle- ment Commission certification procedure (a) Subject to subsection (b), neither any na- tiona

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1643l

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6084 — Settlement of outstanding United States claims to confiscated property in Cuba

**(a) Report to Congress** Not later than 180 days after March 12, 1996, the Secretary of State shall provide a report to the appropriate congressional committees containing an assessment of the property dispute question in Cuba, including— (1) an estimate of the number and amount of claims to property confiscated by the Cuban Government that are held by United States nationals in addition to those claims certified under [section 1643f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643f&num=0&edition=prelim); (2) an assessment of the significance of promptly resolving confiscated property claims to the revitalization of the Cuban economy; (3) a review and evaluation of technical and other assistance that the United States could provide to help either a transition government in Cuba or a democratically elected government in Cuba establish mechanisms to resolve property questions; (4) an assessment of the role and types of support the United States could provide to help resolve claims to property confiscated by the Cuban Government that are held by United States nationals who did not receive or qualify for certification under [section 1643f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643f&num=0&edition=prelim); and (5) an assessment of any areas requiring legislative review or action regarding the resolution of property claims in Cuba prior to a change of government in Cuba. **(d) 11 So in original. No subsec. (b) or (c) has been enacted. Sense of Congress** It is the sense of the Congress that the satisfactory resolution of property claims by a Cuban Government recognized by the United States remains an essential condition for the full resumption of economic and diplomatic

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