§ 1643b. Receipt of claims; determination of amount and validity
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/usc/title-22/section-1643bA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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), 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.)
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Cited by 13 sections · top 7
U.S. Code
- § 1643lDetermination of ownership of claims referred by district courts of the United States
- § 1643dClaims based on ownership interest in or debt or other obligations owing by corporations or other legal entities
- § 1643mExclusivity of Foreign Claims Settlement Commission certification procedure
- § 1643cOwnership of claims by nationals
statutes-at-large
9 references not yet in our index
- Mar. 10, 1950, ch. 54
- Pub. L. 88–666
- 78 Stat. 1110
- Pub. L. 89–262, § 2
- 79 Stat. 988
- Pub. L. 89–780, § 3
- 80 Stat. 1365
- Pub. L. 89–780, § 3(1)
- Pub. L. 89–262
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§ 1643b
Receipt of claims; determination of amount and validity
U.S.C.×10
Stat.×2
Bills×1
ActMar. 10, 1950, ch. 54
Pub. L.Pub. L. 88–666
Stat.78 Stat. 1110
Pub. L.Pub. L. 89–262, § 2
Stat.79 Stat. 988
Cites 9 · showing 5Cited by 13 across 3 sources