Iraq Claims Program
Claims Under the October 7, 2014 Referral
Under 22 U.S.C. § 1623(a)(1)(C), the Commission has authority to adjudicate claims of U.S. nationals against a foreign government that are included in a category of claims referred to it by the Secretary of State. On October 7, 2014, the Legal Adviser of the U.S. Department of State referred to the Commission for adjudication three categories of claims within the scope of the Claims Settlement Agreement Between the Government of the United States of America and the Government of the Republic of Iraq(“CSA”), signed on September 2, 2010. The categories referred are as follows:
Category A: This category shall consist of claims by U.S. nationals for hostage-taking by Iraq in violation of international law prior to October 7, 2004, provided that the claimant was not a plaintiff in pending litigation against Iraq for hostage taking at the time of the entry into force of the Claims Settlement Agreement and has not received compensation under the Claims Settlement Agreement from the U.S. Department of State.
Category B: This category shall consist of claims of U.S. nationals for death while being held hostage by Iraq in violation of international law prior to October 7, 2004.
Category C: This category shall consist of claims of U.S. nationals for any personal injury resulting from physical harm to the claimant caused by Iraq in violation of international law prior to October 7, 2004, provided that the claimant: 1) had pending litigation against Iraq arising out of acts other than hostage taking; 2) has not already been compensated pursuant to the Claims Settlement Agreement; and 3) does not have a valid claim under and has not received compensation pursuant to Category B of this referral.
On October 23, 2014, the Commission published notice in the Federal Register announcing the commencement of adjudication of claims under this program. Notice of Commencement of Claims Adjudication Program, 79 Fed. Reg. 63,439(October 23, 2014). The Commission has set a deadline of October 23, 2015 for the filing of claims. Anyone with a claim falling within the above described categories may submit a Statement of Claim along with any documents or other evidence which supports his or her claim.
Claims Under the November 14, 2012 Referral
On November 14, 2012, the Legal Adviser of the U.S. Department of State referred to the Commission for adjudication a separate category of claims within the scope of the CSA. This category consisted of claims of U.S. nationals for compensation for serious personal injuries knowingly inflicted upon them by Iraq in addition to amounts already recovered under the CSA for claims of hostage-taking, provided that
- The claimant had already received compensation under the CSA from the Department of State for his or her claim of hostage-taking, and such compensation did not include economic loss based on a judgment against Iraq, and
- The Commission determined that the severity of the serious personal injury suffered is a special circumstance warranting additional compensation.
Under the referral, “serious personal injury” may include instances of serious physical, mental, or emotional injury arising from sexual assault, coercive interrogation, mock execution, or aggravated physical assault.
The Commission received 28 claims for adjudication under this Referral and has issued Proposed Decisions in all of those claims. The claimants in 4 of those claims have pending objections to the Commission’s proposed determinations; the remaining 24 decisions are now final. In those decisions which are now final, the Commission has awarded a total of $13,000,000. The Commission will post its decisions on the Final Opinions and Orders page of its website as they become final.
If you have additional questions, please feel free to contact the Commission at (202) 616-6975 or via email at info.FCSC@usdoj.gov.
Albania Claims Program
Pursuant to the U.S.-Albanian Claims Settlement Agreement of March 1995, the FCSC retains authority to adjudicate claims of U.S. nationals for expropriation, confiscation and other loss of property suffered at the hands of the Communist regime which seized power in Albania at the end of the Second World War. A fund of $2 million was provided by Albania under the 1995 agreement from which to pay the Commission's awards, and over $1 million remains available in this fund. Accordingly, anyone with a potential uncompensated property claim against the Albanian government is encouraged to submit his or her claim without delay.
Libya Claims Program
Claims under the Department of State Letter of Referral dated November 27, 2013
Pursuant to 22 U.S.C. § 1623(a)(1)(C), the Commission has authority to adjudicate claims of U.S. nationals against a foreign government that are included in a category of claims referred to it by the Secretary of State. By letter dated November 27, 2013, the Department of State referred to the Commission certain categories of claims against Libya within the scope of the Claims Settlement Agreement between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya of August 14, 2008, as implemented pursuant to the Libyan Claims Resolution Act, Pub. L. 110-301 and Executive Order 13477 dated October 31, 2008. This referral includes six additional categories of claims for adjudication and certification by the Commission, including claims for physical injury, hostage-taking, mental pain and anguish, and commercial injuries arising from certain terrorist incidents that occurred prior to June 30, 2006. On December 13, 2013, the Commission published notice in the Federal Register announcing the commencement of adjudication of claims under this program. Notice of Commencement of Claims Adjudication Program, 78 Fed. Reg. 75,944 (December 13, 2013). The Commission set a deadline of June 13, 2014 for the filing of claims.
PROPOSED CLAIMS AGENDA FOR THE COMMISSION’S PUBLIC MEETING TO BE HELD SEPTEMBER 17, 2015
On September 17, 2015, begining at 10:00 am the Commission will conduct oral hearings concerning Claim Nos. LIB-III-021 and LIB-III-030. The Commission will reconvene at 11:45 am to consider additional claims under its Libya program. The Commission has tentatively scheduled Claim Nos. LIB-III-089, LIB-III-020 and LIB-III-024 for discussion during the meeting.
The status of the Commission's adjudication under this Referral, as of September 8, 2015, is detailed below.
|Total Value of Awards
* Some decisions are subject to objection and, therefore, these values are subject to change