§ 6083. Proof of ownership of claims to confiscated property

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.

1. 1996

   Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

   Pub. L. 104–114 title III § 303 · 110 Stat. 785

   Enacted · 22 U.S.C. § 6083

   (Pub. L. 104–114, title III, § 303, Mar. 12, 1996, 110 Stat. 819.)

   Source evidence

   Code source credit
   (Pub. L. 104–114, title III, § 303, Mar. 12, 1996, 110 Stat. 819.)

   Enacted provision · exact public law section
   SEC. 303. PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED PROPERTY. (a) Evidence of Ownership.— (1) Conclusiveness of certified claims.— In any action brought under this title, the court shall accept as conclusive proof of ownership of an interest in property a certification of a claim to ownership of that interest that has been made by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following). (2) Claims not certified.— If in an action under this title a claim has not been so certified by the Foreign Claims Settlement Commission, the court may appoint a special master, including the Foreign Claims Settlement Commission, to make determinations regarding the amount and ownership of the claim. Such determinations are only for evidentiary purposes in civil actions brought under this title and do not constitute certifications under title V of the International Claims Settlement Act of 1949. (3) Effect of determinations of foreign or international entities.— In determining the amount or ownership of a claim in an action under this title, the court shall not accept as conclusive evidence any findings, orders, judgments, or decrees from administrative agencies or courts of foreign countries or international organizations that declare the value of or invalidate the claim, unless the declaration of value or invalidation was found pursuant to binding international arbitration to which the United States or the claimant submitted the claim. (b) Amendment of the International Claims Settlement Act of 1949.— Title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following) is amended by adding at the end the following new section: “Sec. 514. “determination of ownership of claims referred by district courts of the united states 22 USC 1643l. Notwithstanding any other provision of this Act and only for purposes of section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, a United State district court, for factfinding 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 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996), resulting from the confiscation of property by the Government of Cuba described in section 503(a), whether or not the United States national qualified as a national of the United States (as defined in section 502(1)) at the time of the action by the Government of Cuba”. (c) Rule of Construction.— Nothing in this Act or in section 514 of the International Claims Settlement Act of 1949, 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 confiscated 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 diplomatic relations are restored; or (2) as superseding, amending, or otherwise altering certifications that have been made under title V of the International Claims Settlement Act of 1949 before the date of the enactment of this Act.

1 of 1 references resolved to an enrolled provision