22-U.S.C.-1643B
§1643B – Receipt of Claims; Determination of Amount and Validity
Pathway
Title 22 > Chapter 21 > Subchapter V > Section 1643b
Details
- Reference: Section 1643b
- Legend: §1643B – Receipt of Claims; Determination of Amount and Validity
- USCode Year: 2013
Provision Content
(a) 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 January 1, 1959, 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, 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 October 16, 1964, or sixty days after November 6, 1966, 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.
(b) 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 January 1, 1959, 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, 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) of this section, or within six months after the date the claims first arose (as determined by the Commission), whichever date last occurs.
(Mar. 10, 1950, ch. 54, title V, §503, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1110; amended Pub. L. 89–262, §2, Oct. 19, 1965, 79 Stat. 988; Pub. L. 89–780, §3, Nov. 6, 1966, 80 Stat. 1365.)
Amendments
1966—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.
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.
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.
U.S. Encyclopedia of Law Coverage
22-U.S.C.-1642F in the Legal Encyclopedia: Foreign Relations
In this entry about 22-U.S.C.-1642F, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.
22-U.S.C.-1642E in the Legal Encyclopedia: Settlement
In this entry about 22-U.S.C.-1642E, find legal reference material, bibliographies and premiere content related to settlement in the American Encyclopedia of Law, presenting a comprehensive view of the United States settlement-specific issues, written by authorities in the field.
22-U.S.C.-1642B in the Legal Encyclopedia: International Claims
In this entry about 22-U.S.C.-1642B, find legal reference material, bibliographies and premiere content related to international claims in the American Encyclopedia of Law, presenting a comprehensive view of the United States international claims-specific issues, written by authorities in the field.
15-U.S.C.-157 in the Legal Encyclopedia: China
In this entry about 15-U.S.C.-157, find legal reference material, bibliographies and premiere content related to china in the American Encyclopedia of Law, presenting a comprehensive view of the United States china-specific issues, written by authorities in the field.
Subchapter III – Assistance To China in the Legal Encyclopedia: Asia
In this entry about Subchapter III – Assistance To China, find legal reference material, bibliographies and premiere content related to asia in the American Encyclopedia of Law, presenting a comprehensive view of the United States asia-specific issues, written by authorities in the field.
Leave a Reply