Public Law 96–606

That the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) is amended by adding at the end thereof the following new title:

“TITLE VII

“Sec. 701. “purpose of title

It is the purpose of this title to provide for the determination of the validity and amounts of outstanding claims against Vietnam which arose out of the nationalization, expropriation, or other taking of (or special measures directed against) property of nationals of the United States. This title shall not be construed as authorizing or as any intention to authorize an appropriation by the United States for the purpose of paying such claims.

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“Sec. 702. “definitions

As used in this title—

“(1)“(1)

the term ‘national of the United States’ means—

“(A)“(A)

a natural person who is a citizen of the United States; and

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“(B)“(B)

a corporation or other legal entity which is organized under the laws of the United States or of any State, the District of Columbia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 per centum or more of the outstanding capital stock or other beneficial interest of such corporation or entity;

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“(2)“(2)

the term ‘Commission’ means the Foreign Claims Settlement Commission of the United States;

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“(3)“(3)

the term ‘property’ means—

“(A)“(A)

any property, right, or interest, including any lease-hold interest,

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“(B)“(B)

any debt owed by Vietnam or by any enterprise which has been nationalized, expropriated, or otherwise taken by Vietnam, and

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“(C)“(C)

any debt which is a charge on property which has been nationalized, expropriated, or otherwise taken by Vietnam;

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“(4)“(4)

the term ‘Vietnam’ means—

“(A)“(A)

the Government of the Socialist Republic of Vietnam,

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“(B)“(B)

any predecessor governing authority operating in South Vietnam on or after April 29, 1975, including the Provisional Revolutionary Government of South Vietnam,

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“(C)“(C)

the Government of the former Democratic Republic of Vietnam, and

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“(D)“(D)

any political subdivision, agency, or instrumentality of any of the entities referred to in subparagraphs (A), (B), and (C); and

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“(5)“(5)

the term ‘Claims Fund’ means the special fund established in the Treasury of the United States composed of such sums as may be paid to or realized by the United States pursuant to the terms of any agreement settling those claims described in section 703 that may be entered into between the Governments of the

Infra.

United States and Vietnam.

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“Sec. 703. “receipt and determination of claims

The Commission shall receive and determine in accordance

22 USC 1645b.

with applicable substantive law, including international law, the validity and amounts of claims by nationals of the United States against Vietnam arising on or after April 29, 1975, for losses incurred as a result of the nationalization, expropriation, or other taking of (or special measures directed against) property which, at the time of such nationalization, expropriation, or other taking, was owned wholly or partially, directly or indirectly, by nationals of the United States to whom no restoration or adequate compensation for such property has been made. Such claims must be submitted to the Commission within

Notice; publication in Federal Register.

the period specified by the Commission by notice published in the Federal Register (which period shall not be more than a period of two years beginning on the date of such publication) within sixty days after the date of the enactment of this title or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this title, whichever date is later.

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“Sec. 704. “ownership of claims

A claim may be favorably considered under section 703 of

22 USC 1645c.

Supra.

this Act only if the property right on which it is based was owned, wholly or partially, directly or indirectly, by a national of the United States on the date of loss and only to the extent that the claim has been held by one or more nationals of the United States continuously from the date that the loss occurred until the date of filing with the Commission.

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“Sec. 705. “corporate claims

(a)(a)

A claim under section 703 of this Act based upon an

22 USC 1645d.

Supra.

ownership interest in any corporation, association, or other entity which is a national of the United States may not be considered. A claim under section 703 based upon a debt or other obligation owing by any corporation, association, or other entity organized under the laws of the United States, or of any State, the District of Columbia, or the Commonwealth of Puerto Rico may be considered only if such debt or other obligation is a charge on property which has been nationalized, expropriated, or otherwise taken by Vietnam.

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“(b)“(b)

A claim under section 703 based upon a direct ownership interest in a corporation, association, or other entity may be considered, subject to the other provisions of this title, if such corporation, association, or other entity on the date of the loss was not a national of the United States, without regard to the per centum of ownership vested in the claimant.

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“(c)“(c)

A claim under section 703 based upon an indirect ownership interest in a corporation, association, or other entity may be considered, subject to the other provisions of this title, only if at least 25 per centum of the entire ownership interest thereof, at the time of such loss, was vested in nationals of the United States or if, at the time of the loss, nationals of the United States in fact controlled the corporation, association, or entity, as determined by the Commission.

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“(d)“(d)

The amount of any claim covered by subsection (b) or (c) of this section shall be calculated on the basis of the total loss suffered by the corporation, association, or other entity, with respect to which the claim is made, and shall bear the same proportion to such loss as the ownership interest of the claimant at the time of loss bears to the entire ownership interest thereof.

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“Sec. 706. “offsets

In determining the amount of any claim under this title, the Commission shall deduct all amounts the claimant has received from any source on account of the same loss or losses for which the claim is filed.

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“Sec. 707. “certification; assigned claims

(a)(a)

The Commission shall certify to each claimant who files a claim under this title the amount determined by the Commission to be the loss suffered by the claimant which is covered by this title. The Commission shall certify to the Secretary of State such amount and the basic information underlying that amount, together with a statement of the evidence relied upon and the reasoning employed in making that determination.

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“(b)“(b)

In any case in which a claim under this title is assigned by purchase before the Commission determines the amount due on that claim, the amount so determined shall not exceed the amount of actual consideration paid by the last such assignee.

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“Sec. 708. “consolidated awards

With respect to any claim under section 703 of this Act which, at the time of the award, is vested in persons other than the person by whom the original loss was sustained, the Commission shall issue a consolidated award in favor of all claimants then entitled to the award, which award shall indicate the respective interests of such claimants in the award, and all such claimants shall participate, in proportion to their indicated interests, in any payments that may be made under this title in all respects as if the award had been in favor of a single person.

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“Sec. 709. “claims fund

(a)(a)

The Secretary of the Treasury may establish in the Treasury of the United States the Claims Fund for the payment of unsatisfied claims of nationals of the United States against Vietnam, as authorized by this title.

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“(b)“(b)

The Secretary of the Treasury shall deduct from any amounts covered into the Claims Fund an amount equal to 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 as miscellaneous receipts.

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“Sec. 710. “award payment procedures

(a)(a)

The Commission shall certify to the Secretary of the

22 USC 1645i.

Treasury, in terms of United States currency, each award made pursuant to section 703 of this Act.

Ante, p. 3535.

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“(b)“(b)

(1)(1)

Upon certification of each award made pursuant to section 703, the Secretary of the Treasury shall, out of the sums covered into the Claims Fund, make payments on account of such awards as follows, and in the following order of priority:

“(A)“(A)

Payment in the amount of $2,500 or the principal amount of the award, whichever is less.

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“(B)“(B)

Thereafter, payments from time to time, in ratable proportions, on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bear to the total amount in the Claims Fund available for distribution at the time such payments are made.

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“(2)“(2)

After payment has been made in full of the principal amounts of all awards pursuant to paragraph (1), pro rata payments may be made on account of any interest that may be allowed on such awards.

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“(c)“(c)

Payments or applications for payments under subsection (b) shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe.

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“Sec. 711. “settlement period

The Commission shall complete its affairs in connection

22 USC 1645j.

with the settlement of claims pursuant to this title not later than three years after the final date for the filing of claims as provided in section 703 of this Act.

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“Sec. 712. “transfer of records

The Secretary of State, the Secretary of the Treasury,

22 USC 1645k.

and the Secretary of Defense shall transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this title as may be required by the Commission in carrying out its functions under this title.

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“Sec. 713. “authorization of appropriations

There are authorized to be appropriated for any fiscal

22 USC 1645l.

year beginning on or after October 1, 1980, such sums as may be necessary to enable the Commission and the Treasury Department to pay their respective administrative expenses incurred in carrying out their functions under this title. Amounts appropriated under this section may remain available until expended.

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“Sec. 714. “fees for services

No remuneration on account of services rendered

22 USC 1645m.

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 and void. Whoever, in the United States or

Violation penalty.

elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both.

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“Sec. 715. “application of other provisions of the act

(a)(a)

To the extent they are not inconsistent with the provisions of this title, the following provisions of title I of this Act shall be applicable to this title: subsections (b), (c), (d), (e), and (h) of

22 USC 1623, 1626.

section 4 and subsections (c), (d), (e), and (0 of section 7. Any reference in such provisions to ‘this title’ shall be deemed to be a reference to those provisions and to this title.

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“(b)“(b)

Except as otherwise provided in this title and in those provisions of title I referred to in subsection (a), the Commission shall comply with the provisions of subchapter II of chapter 5, and the

5 USC 551, 701 et seq.

provisions of chapter 7, of title 5, United States Code.

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“Sec. 716. “separability

If any provision of this title or the application thereof to any person or circumstances is held invalid, the remainder of this title or the application of such provision to other persons or circumstances shall not be affected.”.

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