Title 50 — War and National Defense
Chapter 51 — War Claims
§ 4114. Philippines
Statutory text
Losses by individual from sequestered credits; loss by banks or other financial institutions
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by—
any individual who—
on or after , was a member of the military or naval forces of the United States;
is the survivor of any deceased individual described in subparagraph (i);
was a national of the United States on , and is a national of the United States on ; or
is the survivor of any deceased individual who was a national of the United States on , and would be a national of the United States on , if living; or
any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on , and on , in individuals referred to in subparagraph (A) of this paragraph;
for losses arising as a result of the sequestration of accounts, deposits, or other credits of such individual or legal entity in the Philippines by the Imperial Japanese Government.
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by any bank or other financial institution doing business in the Philippines which reestablished sequestered accounts, deposits, or other credits of—
any individual referred to in subparagraph (A) of paragraph (1) of this subsection; or
any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on , and on the date of reestablishment of such sequestered credits, in individuals referred to in such subparagraph (A);
for reimbursement of the amounts of such sequestered credits paid by such bank or financial institution.
Filing date for claims
Claims must be filed under this section within one year after .
Death or legal disability as affecting payments
Where any individual entitled to payment under this section is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of section 4104 of this title. In the case of the death of any individual entitled to payment of any claim under this section, payment of such claim shall be made to the individuals specified, and in the order provided, in subsection (d) of section 4105 of this title; except that no payment shall be made under this section to any individual who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any government hostile to the United States during World War II.
Certification of claims for payment
Each claim allowed under this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established under section 4110 of this title. The Secretary of the Treasury shall pay such claims as follows:
In the case of each claim allowed in an amount equal to or less than $500, such claim shall be paid in full; and
In the case of each claim allowed in an amount greater than $500, such claim shall be paid in two installments. The first installment shall be paid in an amount equal to $500 plus 66⅔ per centum of the amount of such claim allowed in excess of $500. The last installment shall be computed as of , under the next sentence of this paragraph, and, as so computed, shall be paid from the sums remaining in the War Claims Fund on that date. If the sums remaining in the War Claims Fund on , are sufficient to satisfy all claims allowed under this section and not paid in full, the unpaid portion of each such claim shall be paid in full; if the sums remaining in the War Claims Fund on , are not sufficient to satisfy all claims allowed under this section and not paid in full, the last installment payable on each such claim shall be reduced ratably, and, as so reduced, shall be paid from the War Claims Fund.
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.
July 3, 1948, ch. 826, title I, § 17, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1035 · 68 Stat. 1035
Enacted · 50 U.S.C. § 4114
July 3, 1948, ch. 826, title I, § 17, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1035
Source evidence
Code source credit
July 3, 1948, ch. 826, title I, § 17, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1035Pub. L. 87–846 title I § 102 · 76 Stat. 1107
Changed · 50 U.S.C. § 4114
Pub. L. 87–846 made technical amendment to reference in original act which appears in text of subsec. (c) as reference to section 4104 of this title and reference to section 4105 of this title and in subsec. (d) as reference to section 4110 of this title
Source evidence
Code amendment note
Pub. L. 87–846 made technical amendment to reference in original act which appears in text of subsec. (c) as reference to section 4104 of this title and reference to section 4105 of this title and in subsec. (d) as reference to section 4110 of this title.Enacted provision · exact public law section
Sec. 102. The word “Act” wherever it appears in title I except in section 13(a) in reference to the War Claims Act of 1948, as amended, is amended to read “title”. 50 USC app. 2012.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was formerly classified to section 2016 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments
1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of subsec. (c) as reference to section 4104 of this title and reference to section 4105 of this title and in subsec. (d) as reference to section 4110 of this title.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
Credits
1948–1962 · 2 acts
- 1948July 3, 1948, ch. 826, title I, § 17, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1035
- 1962amended Pub. L. 87–846, title I, § 102, , 76 Stat. 1107.
Show as published
(July 3, 1948, ch. 826, title I, § 17, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1035; amended Pub. L. 87–846, title I, § 102, , 76 Stat. 1107.)