Volume 82 · 420
Public Law 90–421
To amend the Northwest Atlantic Fisheries Act of 1950 (Public Law 81–845).
Approved July 24, 1968
Statutory text
AN ACT
To amend the Northwest Atlantic Fisheries Act of 1950 (Public Law 81–845).
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the International Claims Settlement Act of 1949, as amended, is further amended as follows:
Subsection (f) of section 4, title I, is hereby amended to read as follows:
“(f) No remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this title shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this title, on account of such claim. Any agreement to the contrary shall be unlawful
Penalty.
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.”
Subsection (b) of section 7, title I, is amended by inserting “(1)” after the subsection letter, and adding at the end thereof the following paragraph :
The Secretary of the Treasury shall deduct from any amounts covered, subsequent to the date of enactment of this paragraph, into any special fund, created pursuant to section 8, 5 per centum thereof as reimbursement to the Government of the United States for expenses incurred by the Commission and by the Treasury Department in the administration of this title. The amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.”
Paragraph (1) of subsection (c), section 7, title I, is hereby amended to read as follows:
“(1) if any person to whom any payment is to lie made pursuant to this title 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 qualifient executor or administrator, payment may be made to the person or persons found by the Comptroller General to lie entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates;”
Subsection (c) of section 8, title I, is amended by inserting the phrase “, prior to the date of enactment of subsection (e) of this section,” immediately after the word “covered” and before the word “into”, and by inserting “(1)” after the words “section 7(b)” and before the words “of this title.”
Section 8, title I, is hereby further amended by adding at the end thereof the following subsection:
“(e) The Secretary of the Treasury is authorized and directed out of sums covered, subsequent to the date of enactment of this subsection, into any special fund created pursuant to this section to make payment on account of awards certified by the Commission pursuant to this title with respect to claims included within the terms of a claims settlement agreement concluded between the Government of the United States and a foreign government as described in subsection (a)
of section 4 of this title, as follows and in the following order of priority:
“(1) Payment in the amount of $1,000 or the principal amount of the award, whichever is less;
“(2) Thereafter, payments from time to time on account of the unpaid principal balance of each remaining award which shall bear to such unpaid principal balance the same proportion as the total amount available for distribution nt the time such payments are made bears to the aggregate unpaid principal balance of all such awards; and
“(3) Thereafter, payments from time to time on account of the unpaid balance of each award of interest which shall bear to such unpaid balance of interest, the same proportion as the total amount available for distribution at the time such payments are made bears Io the aggregate unpaid balance of interest of all such awards.”
The first sentence of subsection (c), of section 207, title II, is
amended to read as follows:
“(c) The sole relief mid remedy of any person having any claim to any property vested pursuant to section 202(a), except a person claiming
under section 216, shall be that provided by the terms of subsection (a) or (b) of this section, and in the event of the liquidation by sale or otherwise of such property, shall lie limited to mid enforced against the net proceeds received therefrom and held by the designee of the President.”
Title II is amended by adding at the end thereof the following
69 Stat. 562–570.
new section:
“Sec. 216.
(a) Notwithstanding any other provision of this Act or any provision of the Trading With the Enemy Act, as amended, any person (1) who was formerly a national of Bulgaria, Hungary, or Rumania, and (2) who, as a consequence of any law, decree, or regulation of the nation of which he was a national discriminating against political, racial or religious groups, at no time between December 7, 1941, and the time when such law, decree, or regulation was abrogated enjoyed full rights of citizenship under the law of such nation, shall be eligible hereunder to receive the return of his interest in property which was vested under section 202(a) hereof or under the Trading With the Enemy Act, as amended, as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania if 25 per centum or more of the outstanding capital stock of such corporation was owned at the date of vesting by such persons and nationals of countries other than Bulgaria, Hungary. Rumania, Germany, or Japan, or if such corporation was subjected after December 7, 1941, under the laws of its country, to special wartime measures directed against it because of the enemy character of some or all of its stockholders; and no certificate by the Department of State as provided under section 207(c) hereof
shall be required for such persons.
“(b) Au interest in property vested-under the Trading 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 33 of that Act. provided that application may be
made therefore within six months after the date of enactment hereof. In the event such interest has been liquidated and the net proceeds thereof transferred to the Bulgarian Claims Fund, Hungarian Claims Fund, or Rumanian (’hums 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) Determinations by the designee of the President or any other officer or agency with respect to claims under this section, including the allowance or disallowance thereof, shall be final and shall not lie subject to review by any court.”
Section 302, title III, is amended by inserting “(a)” after the section number and adding at the end thereof the following subsection:
“(b) The Secretary of the Treasury shall cover into each of the Bulgarian and Rumanian Claims Funds such sums as may be paid by the Government of the respective country pursuant to the terms of any claims settlement agreement between the Government of the United States and the Government of such country.”
Section 303, title III, is amended by sinking out the word “and” at the end of paragraph (2), and by striking out the period at the end of the paragraph (3) and inserting in lieu thereof a semicolon and immediately thereafter the word “and”.
Section 303, title III, is further amended by adding at the end thereof the following new paragraph:
“(4) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Bulgaria and Rumania, between August. 9, 1955, and the effective date of the claims agreement between the respective country and the United States.”
Section 3(14 of title III is amended by inserting “(a)” after the section number and adding at the end thereof the following subsections:
“(b) The Commission shall receive and determine, or redetermine, as the case may be, in accordance with applicable substantive law, including international law, the validity and amounts of claims owned by persons who were eligible to tile claims under the first sentence of subsection (a) of this section on the date of enactment of tins title, 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 compensation in any amount pursuant to the treaty of peace with Italy, subsection (a) of this section, or section 202 of the
War claims Act of 1948, as amended.
“(c) The Commission shall receive and determine, or redetermine as the case may lie, in accordance 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 the date of enactment of this subsection, 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 territory ceded by Italy pursuant to the treaty of peace with Italy: Provided, That no awards shall be made to persons who have received compensation in any amount pursuant to the treaty of peace with Italy or subsection (a) of this section.
“(d) Within thirty days after enactment of this subsection, or within thirty days after the date of enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under subsections
Publication in Federal Register.
(b) and (c) of this section, whichever date is later, the Commission shad 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) 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 310 of this
title, after payment in full of all awards certified pursuant to subsection (a) of this section.
“(f) After payment in full of all awards certified to the Secretary of the Treasury pursuant to subsections (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 13 of the War Claims Act of 1948,
as amended.”
Section 306, title III, is amended by inserting “(a)” after the section number and adding at the end thereof the following subsection:
“(b) Within thirty days after enactment of this subsection or the
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enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (4) of section 303 of this title, whichever is later, the Commission shall publish in the Federal Register the time
Publication in Federal Register.
when and the limit of time within which claims may be filed under paragraph (4) of section 303 of this title, which limit shall not be more than six months after such publication.”
Section 310, title III, is amended by adding at the end of subsection
(a) thereof the following paragraph:
“(6) Whenever the Commission is authorized to settle claims by the enactment of paragraph (4) of section 303 of this title with respect to Rumania and Bulgaria, no further payments shall be authorized by the Secretary of the Treasury on account of awards certified by the Commission pursuant to paragraph (1), (2), or (3) of section 303 of the Bulgarian or Rumanian Claims Funds,
as the case may be, until payments on account, of awards certified pursuant to paragraph (4) of section 303 with respect to such fund nave been authorized in equal proportion to payments previously authorized on existing awards certified pursuant to paragraphs (1), (2), and (3) of section 303.”
Section 316, title III, is amended by inserting “(a)” after the
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section number and adding at the end thereof the following subsection:
“(b) The Commission shall complete its affairs in connection with the settlement of claims pursuant to paragraph (4) of section 303 and subsections (b) and (c) of section 304 of this title not later than two
Ante, p. 422.
years following the date of enactment of such paragraph, or following the enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (4) of section 303 and subsections (b) and (c) of section 304 of this title, whichever is later.”
Approved July 24, 1968.