Title 22 — Foreign Relations and Intercourse
Chapter 21 — Settlement of International Claims
§ 1643b. Receipt of claims; determination of amount and validity
Statutory text
Claims for property loss
The Commission shall receive and determine in accordance with applicable substantive law, including international law, the amount and validity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising since , in the case of claims against the Government of Cuba, or since , in the case of claims against the Chinese Communist regime, for losses resulting from the nationalization, expropriation, intervention, or other taking of, or special measures directed against, property including any rights or interests therein owned wholly or partially, directly or indirectly at the time by nationals of the United States, if such claims are submitted to the Commission within such period specified by the Commission by notice published in the Federal Register (which period shall not be more than eighteen months after such publication) within sixty days after , or sixty days after , with respect to claims against the Chinese Communist regime, or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions with respect to each respective claims program authorized, under this subchapter, whichever date is later. In making the determination with respect to the validity and amount of claims and value of properties, rights, or interests taken, the Commission shall take into account the basis of valuation most appropriate to the property and equitable to the claimant, including but not limited to, (i) fair market value, (ii) book value, (iii) going concern value, or (iv) cost of replacement.
Claims for disability or death
The Commission shall receive and determine in accordance with applicable substantive law, including international law, the amount and validity of claims by nationals of the United States against the Government of Cuba, or the Chinese Communist regime, arising since , in the case of claims against the Government of Cuba, or since , in the case of claims against the Chinese Communist regime, for disability or death resulting from actions taken by or under the authority of the Government of Cuba, or the Chinese Communist regime, if such claims are submitted to the Commission within the period established by the Commission under subsection (a), or within six months after the date the claims first arose (as determined by the Commission), whichever date last occurs.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 88–666 · 78 Stat. 1110
Enacted · 22 U.S.C. § 1643b
Mar. 10, 1950, ch. 54, title V, § 503, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1110
Source evidence
Code source credit
Mar. 10, 1950, ch. 54, title V, § 503, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1110Pub. L. 89–262 § 2 · 79 Stat. 988
Struck · 22 U.S.C. § 1643b(a)
Pub. L. 89–262 struck out “arising out of debts for merchandise furnished or services rendered by nationals of the United States without regard to the date on which such merchandise was furnished or services rendered or” after “Government of Cuba”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–262 struck out “arising out of debts for merchandise furnished or services rendered by nationals of the United States without regard to the date on which such merchandise was furnished or services rendered or” after “Government of Cuba”.Enacted provision · exact public law section
Sec. 2. Section 503(a) of such Act (22 U.S.C. 1643b(a)) is amended by striking out “arising out of debts for merchandise furnished or services rendered by nationals of the United States without regard to the date on which such merchandise was furnished or services were rendered or”.Pub. L. 89–780 § 3 · 80 Stat. 1365
Changed · 22 U.S.C. § 1643b(a)
Pub. L. 89–780, § 3, empowered the Commission to receive claims against the Chinese Communist regime arising since October 1, 1949, if such claims are submitted within such period of time specified by the Commission by notice published in the Federal Register, which notice is required to be published within 60 days after November 6, 1966
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–780, § 3, empowered the Commission to receive claims against the Chinese Communist regime arising since October 1, 1949, if such claims are submitted within such period of time specified by the Commission by notice published in the Federal Register, which notice is required to be published within 60 days after November 6, 1966.Enacted provision · exact public law section
Sec. 3. Section 503 of such Act (22 U.S.C. 1643b) is amended as follows: (1) After “the Government of Cuba” at each place it appears in subsections (a) and (b) thereof insert “, or the Chinese Communist regime,”; (2) After “since January 1, 1959,” at each place it appears in subsections (a) and (b) thereof insert “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,”; (3) After “within sixty days after the enactment of this title” insert “or sixty days after the enactment of the amendments made thereto with respect to claims against the Chinese Communist regime,”; and (4) After “carrying out its functions” insert “with respect to each respective claims program authorized,”.Pub. L. 89–780 § 3(1) · 80 Stat. 1365
Changed · 22 U.S.C. § 1643b(b)
Pub. L. 89–780, § 3(1), (2), provided for applicability of subsection to the Chinese Communist regime in the case of claims arising since October 1, 1949
Source evidence
Code amendment note
Subsec. (b). Pub. L. 89–780, § 3(1), (2), provided for applicability of subsection to the Chinese Communist regime in the case of claims arising since October 1, 1949.Enacted provision · exact public law section
(1) After “the Government of Cuba” at each place it appears in subsections (a) and (b) thereof insert “, or the Chinese Communist regime,”;
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1965–1966 · 2 rounds
1966
Subsec. (a). Pub. L. 89–780, § 3, empowered the Commission to receive claims against the Chinese Communist regime arising since , if such claims are submitted within such period of time specified by the Commission by notice published in the Federal Register, which notice is required to be published within 60 days after .
Subsec. (b). Pub. L. 89–780, § 3(1), (2), provided for applicability of subsection to the Chinese Communist regime in the case of claims arising since .
1965
Subsec. (a). Pub. L. 89–262 struck out “arising out of debts for merchandise furnished or services rendered by nationals of the United States without regard to the date on which such merchandise was furnished or services rendered or” after “Government of Cuba”.
Credits
1950–1966 · 3 acts
- 1950Mar. 10, 1950, ch. 54, title V, § 503, as added Pub. L. 88–666, , 78 Stat. 1110
- 1965amended Pub. L. 89–262, § 2, , 79 Stat. 988
- 1966Pub. L. 89–780, § 3, , 80 Stat. 1365.
Show as published
(Mar. 10, 1950, ch. 54, title V, § 503, as added Pub. L. 88–666, , 78 Stat. 1110; amended Pub. L. 89–262, § 2, , 79 Stat. 988; Pub. L. 89–780, § 3, , 80 Stat. 1365.)