FOREIGN CLAIMS SETTLEMENT COMMISSION OF

THE UNITED STATES

U.S. DEPARTMENT OF JUSTICE

2000 ANNUAL REPORT


FOREIGN CLAIMS SETTLEMENT COMMISSION
OF THE UNITED STATES

600 E Street, N.W., Suite 6002
Washington, D.C. 20579
Telephone (202) 616-6975
FAX (202) 616-6993

(Chair, Vacant)
John R. Lacey, Commissioner
Richard T. White, Commissioner

- - -

David E. Bradley, Chief Counsel
Jaleh F. Barrett, Deputy Chief Counsel

This Report may be cited as:
2000 FCSC Ann. Rep.

This Report is available on-line at:
www.usdoj.gov/fcsc/annrep00.htm


LETTER OF TRANSMITTAL

To the President of the Senate
and the Speaker of the House of Representatives
of the 107th Congress

The Foreign Claims Settlement Commission of the United States submits for your review its Annual Report for Calendar Year 2000.

Although the Commission is an independent component within the United States Department of Justice, it is required under the War Claims Act of 1948 and the International Claims Settlement Act of 1949 to submit a separate annual report to Congress.

We appreciate Congress's continued support for the Commission's international claims programs.

 


 


 
David E. Bradley
Chief Counsel


 


TABLE OF CONTENTS

I. THE COMMISSION

A. Introduction

B. Procedure and Administration

of Claims Programs

II. CURRENT YEAR'S ACTIVITIES

A. Claims Against Albania: Final Report

B. Other Activities

  1. Claims Against Iraq

  2. Helms-Burton Act/Claims Against Cuba

  3. Review of Files in Polish Claims Program

  4. Prisoner-of-War and
    Civilian Internee Claims

III. SUMMARY OF PAST PROGRAMS

A. Claims Under the International

Claims Settlement Act of 1949

1. Title I

(a) Yugoslavia-First Program
(b) Panama
(c) Poland
(d) Yugoslavia-Second Program
(e) China-Second Program
(f) Ethiopia
(g) Egypt

2. Title II Vesting of Assets of Bulgaria, Hungary, and Rumania

3. Title III

(a) Bulgaria, Hungary, and
        Rumania-First Programs
(b) Bulgaria and Rumania-
        Second Programs
(c) Hungary-Second Program
(d) Italy-First Program
(e) Italy-Second Program
(f) Soviet Union

4. Title IV

Claims Against Czechoslovakia (First Program)

5. Title V

(a) China-First Program
(b) Cuba

6. Title VI

Claims Against the German Democratic Republic

7. Title VII

Claims Against Vietnam

B. Claims Under the War Claims

Act of 1948

1. Title I

2. Title II

C. Claims Under Other Statutory

Authority

1. Philippines

2. Lake Ontario

3. Czechoslovakia-Second
        Program

4. Iran

IV. FUTURE PROGRAMS

A. Claims Against Iraq

B. Advisory Program

V. INDEX OF COMPLETED PROGRAMS

A. International Claims Settlement
        Act of 1949

B. War Claims Act of 1948

C. Other Statutory Authority

VI. TABLE OF COMPLETED PROGRAMS

A. International Claims Settlement
        Act of 1949

B. War Claims Act of 1948

VII. LIST OF CHAIRS AND COMMISSIONERS

 


SECTION I: THE COMMISSION

A. Introduction

The Foreign Claims Settlement Commission of the United States is an independent quasi-judicial federal agency organized administratively as a component of the U.S. Department of Justice. The Commission's primary mission is to determine the validity and valuation of claims of United States nationals for loss of property in foreign countries, as authorized by Congress or following government-to-government claims settlement agreements. These losses have occurred either as a result of nationalization of property by foreign governments or from damage to and loss of property as a result of military operations during World War II. The Commission also has adjudicated claims of United States military personnel and civilians captured or interned during World War II and the Korean and Vietnam conflicts. In addition, between 1996 and 1998 the Commission adjudicated claims of U.S. citizens persecuted by Nazi Germany during World War II.

The Foreign Claims Settlement Commission came into being on July 1, 1954, under Reorganization Plan No. 1 of 1954, which abolished the War Claims Commission and the International Claims Commission and transferred their functions to the present Commission. In 1980, the Commission was transferred by Public Law 96-209 to the Department of Justice as a separate agency within the Department.

The Commission consists of a Chairman, who serves on a full-time basis, and two Commissioners, who serve on a part-time basis. They are appointed by the President for fixed terms of office, normally of three years' duration, and confirmed by the Senate. On November 10, 1999, the President nominated Commissioner John R. Lacey for the position of Chairman, for a term ending September 30, 2000. In addition, the President nominated Ms. Laramie F. McNamara of McLean, Virginia, for the position of Commissioner, for a term ending September 30, 2001. As of the end of 2000, however, their nominations were still pending before the Senate Committee on the Judiciary, and the Commission's Chief Counsel, David E. Bradley, was continuing to serve as acting administrative head of the agency.

The Chairman and Commissioners are responsible for the review of claims and the issuance of decisions. The Chairman is vested with sole administrative authority within the Commission, while the Department of Justice is responsible for providing administrative support services to the agency. The Commission employs a small staff of legal and administrative personnel.

In most instances, authorizing statutes provide for the deduction of a certain percentage from the claims funds for deposit as miscellaneous receipts in the United States Treasury to defray the administrative expenses of the Commission and the Department of the Treasury in carrying out the programs. The total administrative expenses of the Commission and its predecessors from the beginning of fiscal year 1950 through the end of fiscal year 2000 have amounted to approximately $35 million. Over $40 million has been recouped through the deductions from funds obtained from foreign governments in the same period.

The jurisdiction of the Commission and its two predecessor commissions has encompassed the administration of 44 claims programs in which more than 660,000 claims have been filed and awards granted in excess of $3 billion.

B. Procedure and Administration of Claims Programs

By statute, the decisions of the Commission are final and conclusive on all questions of fact and law and are not subject to review by any other official, department, or agency of the United States, or by any court by mandamus or otherwise. This prohibition against judicial or other review makes it imperative that the Commission adhere to appropriate administrative and legal procedures to assure claimants a full and fair opportunity to present their claims.

When a claims program is commenced, appropriate claim forms and detailed instructions are forwarded to anyone who requests them or has at any time indicated to the Commission an interest in filing a claim in that program. The Commission also seeks to publicize the program through publication in the Federal Register and releases to the news media, and by notifying relevant organizations and congressional offices. The deadline for filing claims is established and publicized as well.

When a completed claim form with related exhibits, documents or other evidence is filed, the staff of the Commission undertakes a careful examination and, if necessary, seeks additional information or evidence from the claimant or other sources to enable the claimant to establish the requisite elements of a claim (i.e., United States nationality, ownership, value and the date and circumstances of the asserted loss). The adjudication of a claim is not considered to be an adversarial matter between the Commission and the claimant; the Commission's staff members endeavor to do all they reasonably can to assist each claimant in establishing a compensable claim. After a claim has been fully developed, it is presented to the Commission for adjudication.

Following a full review of the claim and all supporting material, the Commission issues a written "Proposed Decision." This Proposed Decision is forwarded to the claimant or claimant's counsel who is advised of the right to file objection within a specified period of time, if the claimant is dissatisfied and believes there is ground for a more favorable decision. The claimant may submit, in writing, any additional evidence and argument in support of the objection and may also request an oral hearing before the Commission to present oral evidence and argument in support of the objection. Thereafter, the Commission reconsiders the entire record and renders its determination by the issuance of a written "Final Decision."

If no timely objection is received on a claim, the Proposed Decision is automatically entered as the Commission's Final Decision. However, even after the issuance of a Final Decision, the regulations of the Commission permit the filing of a petition to reopen a claim for further consideration based upon newly discovered evidence. Or, if information comes to the attention of the Commission from sources other than the claimant, the Commission may reopen a claim on its own motion.

In most instances, a time limit within which the Commission must complete adjudication of the claims is established by statute. After the specified date, the Commission no longer has authority to accept additional claims for adjudication or to reconsider any claim which has been determined in that particular program.

The decisions of the Commission set forth the reasons for the action taken and include specific findings of fact and conclusions of law determining each aspect of the claim, to fully apprise claimants of the basis of its decisions. In most programs, the amount of funds available to pay the Commission's awards is limited, often resulting in pro rata payment of awards. The Commission therefore must ensure that the award entered in each claim is fully supported, and based upon the same criteria as all other awards.

The payment of awards to claimants is beyond the scope of the Commission's functions. The Commission's responsibility is discharged upon entry of a Final Decision and certification of any award to the Secretary of the Treasury, who has sole jurisdiction, under specific statutory authority, to make payments out of the funds established for that purpose.

In some instances, Congress authorizes the adjudication of claims before there are funds available to pay awards. In such cases, the Commission adjudicates the claims and certifies its decisions to the Secretary of State or Secretary of the Treasury, or both, as a "pre-adjudication" or "pre-settlement adjudication" of the claims. The Department of State then can use the Commission's decisions as the basis for negotiating a claims settlement agreement with the responsible foreign government at some future date. Under legislation newly enacted in 1998 (Section 2211, Omnibus Consolidated and Emergency Supplemental Appropriations Act,1999, Pub. L. 105-277, amending subsection 4(a) of Title I of the International Claims Settlement Act of 1949, as amended, 22 U.S.C. 1623(a)), the Secretary of State now has ongoing discretionary authority to refer claims to the Commission for pre-adjudication.

Return to the Table of Contents

SECTION II: CURRENT YEAR'S ACTIVITIES

A. Claims Against Albania: Final Report

As reported in the 1999 Annual Report, the Commission issued a final decision on what it believed to be the last of the claims filed in the Albanian Claims Program on June 17, 1999 (Claim of HARITINI POULOS, Claim No. ALB-075, Decision No. ALB-183), and with the issuance of that decision it declared the program to be completed and closed. The Commission certified the award made in that last decision to the Department of the Treasury for payment, and in accordance with its authorizing statute, the Commission also certified the decisions issued in the Albanian Claims Program to the Secretary of State. This will enable the Department of State to notify the Government of Albania of the Commission's awards, as required under paragraph 3 of the Agreed Minute to the 1995 U.S.-Albania claims agreement, in order to prevent claimants who have received awards from the Commission from also attempting to obtain restitution or compensation through Albania's domestic claims procedures.

In November 1999, however, the Commission received an inquiry from a potential claimant concerning the possibility of submitting a claim, despite the Commission's earlier declaration that the Albanian Claims Program had been completed and closed. After considering the matter, and noting in particular that a substantial portion of the original $2,000,000 claims fund received from the Albanian Government under the 1995 settlement agreement still remains available to be used for paying awards, the Commissioners agreed to allow him to file his claim. Accordingly, this additional claim, filed by Mr. Kosta Dedo, was designated No. ALB-326, and the Commission's staff advised Mr. Dedo by letter of the additional evidence he should submit to substantiate his claim.. At the same time, the staff forwarded a request to the Commission's consultant in Albania to verify the facts of the claim.. Once this process was completed, the Commission issued a Proposed Decision on the claim, which was dated April 3, 2000. Mr. Dedo did not file an objection, so the decision was made final on May 16, 2000, and the Commission certified it to the Department of the Treasury for payment, and to the Department of State..

Statistics on the Albanian claims program are set out below.

EXHIBIT

Final Statistics: Albanian Claims Program

Number of Claims:

Number of Claims Found Compensable

Total Principal Amount of Awards

Total Amount of Interest Awards

Number of Claims Denied


 

326

90

$328,762.97

$833,254.99

236

B. Other Activities

1. Claims Against Iraq

In 2000 the Commission continued to receive inquiries from members of the public as to whether it was going to begin a program for formal adjudication of the classes of claims against Iraq that fall outside the jurisdiction of the United Nations Compensation Commission (UNCC). The UNCC, located in Geneva, Switzerland, currently has jurisdiction over most claims of U.S. nationals against Iraq. These other claims primarily consist of a variety of claims pre-dating Iraq's August 1990 invasion of Kuwait. However, neither the House of Representatives nor the Senate took any action toward enacting legislation to authorize such a claims program during the 2000 legislative session.

2. Helms-Burton Act/Claims Against Cuba

The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act (also known as the Helms-Burton Act) includes as Title III a provision authorizing U.S. nationals whose Cuban property was confiscated by the Castro regime to bring federal court actions against foreign entities "trafficking" in those properties. The legislation contemplates that, with limited exceptions, the courts hearing these cases will adopt the valuations determined in awards issued by the Commission in its Cuban Claims Program, conducted from 1965 to 1972. (See Section III, subsection A.5(b), below.) In cases where a plaintiff was not eligible to file a claim in the Commission's Cuban Claims Program (i.e., was not a U.S. national at the time of confiscation), the legislation authorized the United States District Courts, beginning in March 1998, to appoint the Commission as Special Master to make determinations on issues such as ownership and valuation of property, for use in court actions.

Invoking his authority under the statute, however, President Clinton has announced successive suspensions of the right to file Title III actions every six months since the law was enacted, citing the need to seek agreement with U.S. trading partners on policy toward Cuba, and he indicated that he intended to continue doing so as long as our government continues to make progress in developing that policy. Nevertheless, the Commission continued to receive many requests to examine files from its Cuban Claims Program during 2000. Most of the requests were from attorneys advising foreign investors wishing to avoid involvement with any property in Cuba that is the subject of a certified claim in the program. In addition, representatives from the Department of State examined a number of the files, in connection with the Department's responsibility under Title IV of the Helms-Burton Act, which requires the exclusion from the United States of foreign individuals associated with corporations or other entities "trafficking" in property that is the subject of a certified claim in the Cuban Claims Program.

3. Review of Files in Polish Claims Program

In February 2000, Commissioner Richard T. White and the Commission's Chief Counsel, David E. Bradley, traveled to Warsaw, Poland, to meet with career officials from the Polish Ministry of Finance, Department of Internal Budgeting and Property Management, for further technical discussions relating to the Commission's Polish Claims Program, which it had conducted between 1962 and 1966 (see section III.A.1.(c) below). During the course of this visit, the Ministry officials also hosted Commissioner White and Mr. Bradley on an overnight trip to Krakow, to locate certain properties there for which the Commission had made awards. En route back to Warsaw the group also visited the Auschwitz concentration camp, where a number of the claimants in the Commission's Holocaust Survivors Claims Program had been interned. (See 1999 FCSC Ann. Rep. at 7 and previous years' reports.)

The Polish Finance Ministry officials are responsible for verifying and establishing their government's ownership of buildings, houses, and other real property in Poland that had been the subject of awards in the Commission's program, in connection with a real property privatization program that is currently under way in Poland. They had requested the Commission's assistance on a number of the cases they were handling because the records on those cases that had been maintained by the former Communist regime in Poland were unclear or incomplete. (See FCSC 1999 Ann. Rep. at 14.) In further advancement of their project, the officials made a second trip to Washington in July 2000, to examine and copy documents from the Commission's Polish program claim files, which are now permanent United States Government records stored in the National Archives facility in College Park, Maryland.

4. Prisoner-Of-War and Civilian Internee Claims

During 2000 the Commission continued to have jurisdiction under Public Law 91-289 (50 U.S.C. App. 2004 and 2005) to receive and adjudicate claims by United States Armed Forces personnel and civilians, or their survivors, for compensation based on inadequate food rations and inhumane treatment received while held as prisoners of war or internees during the Vietnam conflict. However, no new claims were received during the year. The Commission also continued to serve as a repository of records on United States military veterans and civilians captured or interned during World War II, the Korean conflict, the U.S.S. Pueblo incident, and the Vietnam conflict.

Return to the Table of Contents

SECTION III: SUMMARY OF PAST PROGRAMS

A. Claims Under the International Claims

Settlement Act of 1949

The jurisdiction of the Commission and its predecessor, the International Claims Commission, has encompassed the administration of twenty claims programs under the authority of the seven titles of the International Claims Settlement Act of 1949, as amended. Pub. L. 455, 81st Congress, approved March 10, 1950, 64 Stat. 12 (22 U.S.C. 1621 et seq.) ("the Act"). These programs have involved claims of U.S. nationals for losses in specific foreign countries as a result of the nationalization or other taking of property during specific periods of time by the governments of those countries. These twenty claims programs are briefly summarized below. Citations to the final reports on the programs, as well as relevant statistics, appear in Sections V and VI of this Yearbook.

1. Title I

(a) Yugoslavia - First Program

The provisions of Title I of the Act authorized the International Claims Commission to administer a program to determine claims of nationals of the United States for the nationalization or other taking of property included within the terms of the U.S.-Yugoslav Claims Settlement Agreement of July 19, 1948. That agreement resulted in a fund of $17 million from which payments were made on the awards granted in the claims. The first Yugoslavia Claims Program was completed on December 31, 1954.

(b) Panama

Under section 4(a) of Title I of the Act, the International Claims Commission was authorized to adjudicate claims of nationals of the United States for the nationalization or other taking of property included within the terms of any claims settlement agreement thereafter concluded between the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II). Pursuant to this authorization, the International Claims Commission administered a program to determine U.S. nationals' property claims against the Government of Panama upon the conclusion of a claims settlement agreement between the Governments of the United States and Panama on October 11, 1950. This agreement resulted in a fund of $400,000 for payments on the awards granted in the claims. The Panamanian Claims Program was completed on December 31, 1954.

(c) Poland

On July 16, 1960, the Governments of the United States and Poland entered into a claims settlement agreement under which the Government of Poland agreed to pay the sum of $40 million to the United States over a period of twenty years in full settlement and discharge of claims of nationals of the United States arising between May 8, 1945, and the date the agreement was concluded. The Commission was authorized to adjudicate the claims covered by this agreement under the original provisions of section 4(a) of Title I of the Act. The Polish Claims Program was completed on March 31, 1966.

(d) Yugoslavia - Second Program

A second claims agreement was concluded between the Governments of the United States and Yugoslavia on November 5, 1964, covering claims against the Government of Yugoslavia which arose subsequent to the 1948 agreement (see subsection 1(a), above) and providing a fund of $3.5 million for payments on awards. The second Yugoslav Claims Program was administered by the Commission under authority of section 4(a) of Title I of the Act, adjudicating the claims filed pursuant to the agreement. The program was completed on July 15, 1969.

(e) China - Second Program

In 1972 the Commission completed the first China Claims Program, in which it adjudicated claims of United States nationals which arose between October 1, 1949 and November 6, 1966. (See subsection 5(a), below.) On May 11, 1979, an agreement was entered into with the People's Republic of China settling claims of nationals of the United States arising through the date of that agreement. The Commission thereafter proceeded under section 4(a) of Title I of the Act to adjudicate claims by United States nationals which arose between November 6, 1966 and May 11, 1979. The Commission completed the second China Claims Program on July 31, 1981.

(f) Ethiopia

On December 19, 1985, the United States Government concluded a compensation agreement with the Provisional Military Government of Socialist Ethiopia for the settlement of claims against that government arising as a result of the nationalization, expropriation, or other taking of, or restrictive measures directed against, property rights or interests of United States nationals. The agreement provided for payment to the United States of a total of $7 million as compensation for the claimants, the last installment of which was paid in January 1991.

Exercising its authority under section 4(a) of Title I of the Act, the Commission began adjudication of the claims covered by the settlement agreement on March 31, 1986, and set a program completion date of September 30, 1987. During the course of the program, the Commission issued decisions on a total of 45 claims. It found 27 to be compensable, and made awards amounting to $14,387,510.96 in principal and $10,024,589.00 in interest. Following completion of the program on September 30, 1987, the Commission certified the awards to the Secretary of the Treasury for payment, in accordance with section 5 of the Act.

(g) Egypt

On June 29, 1990, the Commission completed the adjudication of claims against the Government of Egypt, pursuant to its authority under section 4(a) of Title I of the Act. The claims were based on uncompensated "nationalization, expropriation, confiscation and other restrictive measures of or against" U.S. nationals' property between January 1, 1952 and October 27, 1976. Initial decisions on most of the claims had been issued by the Office of the Legal Adviser in the Department of State, following entry into force of the U.S.-Egyptian Claims Settlement Agreement of 1976. (TIAS 8446, entered into force October 27, 1976.) However, to expedite distribution of the amounts remaining from the original $10 million paid to the United States under the agreement, the Legal Adviser requested, by letter dated May 11, 1989, that the Commission take jurisdiction over the claims and determine the claimants' entitlement to share proportionately in those remaining funds. In most of the claims, this was accomplished by issuance of awards of interest, which had not been included in the awards made by the Department of State.

During the course of the program, the Commission issued decisions on a total of 85 claims, out of which 83 were found to be compensable. In these, it made awards, including principal and interest, in the total amount of $5,189,236.64.

2. Title II

Title II of the Act provided for the vesting and liquidation of enemy assets which had been blocked by the United States during World War II, and for the deposit of the proceeds into separate special funds, according to the respective government ownership of those assets prior to blocking. Pub. L. 285, 84th Congress, approved August 9, 1955, Title II, 69 Stat. 562 (22 U.S.C. 1631). The proceeds were deposited into funds by the Department of the Treasury which were designated the Bulgarian Claims Fund, the Hungarian Claims Fund, and the Rumanian Claims Fund, for payments on awards granted by the Commission in claims against those governments under Title III of the Act. (See subsection 3, below.)

3. Title III

(a) Bulgaria, Hungary, and Rumania -
      First Programs

Title III of the Act authorized the Commission to consider claims of nationals of the United States for losses arising out of war damages, nationalization, compulsory liquidation, or other taking of property prior to August 9, 1955, by the Governments of Bulgaria, Hungary, and Rumania. Pub. L. 285, 84th Congress, Title III, approved August 9, 1955, 69 Stat. 570 (22 U.S.C. 1641). The Commission was also authorized to consider claims of nationals of the United States for losses based on the failure of those governments to meet certain debt obligations expressed in the currency of the United States. Payments on the awards granted in these claims were made from the appropriate claims funds created under Title II of the Act. (See subsection 2, above.) The amounts available from these funds for payments were: Bulgarian Claims Fund - $2,676,234.49; Hungarian Claims Fund - $2,235,750.65; and Rumanian Claims Fund - $20,164,212.68. The Bulgarian, Hungarian, and Rumanian Claims Programs were completed on August 9, 1959.

(b) Bulgaria and Rumania - Second
      Programs

On July 2, 1963, the United States concluded a formal claims settlement agreement with the Government of Bulgaria. Under that agreement, the Government of Bulgaria paid the sum of $400,000 in settlement of claims of nationals of the United States. This amount was deposited into the Bulgarian Claims Fund to supplement the amount derived from the prior liquidation of Bulgarian assets for payments on awards granted by the Commission in both Bulgarian claims programs. (See subsections 2 and 3(a), above.)

On March 30, 1960, the United States concluded a formal claims settlement agreement with the Government of Rumania. That agreement provided for the payment of the sum of $2.5 million in settlement of claims of nationals of the United States. This $2.5 million was deposited into the Rumanian Claims Fund to supplement the amount derived from the prior liquidation of Rumanian assets for payments on awards granted by the Commission in both Rumanian claims programs. (See subsections 2 and 3(a), above.)

An amendment to Title III of the Act authorized the Commission to consider claims against Bulgaria and Rumania which arose after the first programs were authorized (see subsection 3(a), above) but prior to the conclusion of the claims settlement agreements with the governments of those countries. Pub. L. 90-421, approved July 24, 1968, 82 Stat. 420 (22 U.S.C. 1641). Those programs could not be administered under the authority of section 4(a) of Title I of the Act, for the United States had declared the existence of a state of war during World War II against those countries. The second Bulgarian and Rumanian Claims Programs were completed on December 24, 1971, as required by the statute.

(c) Hungary - Second Program

On March 6, 1973, the United States concluded a formal claims settlement agreement with the Government of Hungary under which that government agreed to pay the sum of $18.9 million, to be paid in installments, in settlement of claims of nationals of the United States. These payments were deposited into the Hungarian Claims Fund to supplement the amount derived from the prior liquidation of Hungarian assets for payments on awards granted by the Commission in both Hungarian claims programs. (See subsections 2 and 3(a), above.) The final installment payment was made on June 9, 1980.

As in the second programs for Bulgaria and Rumania, the Commission did not have the statutory authority to implement this claims agreement by administering a claims program under section 4(a) of Title I of the Act, for the United States had declared the existence of a state of war against the Government of Hungary during World War II. Under an amendment to Title III of the Act, Congress authorized the Commission to determine claims of nationals of the United States against the Government of Hungary based on nationalization or other taking of property between August 9, 1955, the date on which the first Hungarian Claims Program was approved, and March 6, 1973, the date of the agreement with Hungary. Pub. L. 93-460, approved October 20, 1974, 88 Stat. 1386 (22 U.S.C. 1641). The Commission was also authorized to adjudicate certain claims which should have been filed in the first Hungarian Claims Program, but were not, due to an administrative error which caused notices of that program to be mailed to non-existent addresses. The second Hungarian Claims Program was completed on May 16, 1977.

(d) Italy - First Program

Title III of the Act also authorized the Commission to consider claims of nationals of the United States against Italy for losses resulting from war damages during World War II sustained in areas outside of Italy and outside of the territories ceded by Italy under the Treaty of Peace concluded on September 15, 1947. (Claims for losses arising from war damages sustained within Italy and within the territories ceded by Italy were compensated by Italy under the Treaty of Peace.) By an amendment to Title III, the Commission was authorized to reconsider claims filed by persons who were nationals of the United States on the date of authorization of the claims program, although not nationals of the United States on the date of the losses upon which their claims were based. Pub. L. 85-604, approved August 8, 1958, 72 Stat. 531 (22 U.S.C. 1641). Awards in these claims by the Commission were paid out of the Italian Claims Fund. That fund was established with the sum of $5 million paid to the United States by the Government of Italy, pursuant to a Memorandum of Understanding concluded by the two governments which became effective on August 14, 1947. The Italian Claims Program was completed on August 9, 1959, as required by the statute. Reconsideration of the Italian claims was completed on May 31, 1960.

(e) Italy - Second Program

The second Italian Claims Program was administered pursuant to an amendment to Title III of the Act as, in effect, an extension of the first Italian Claims Program (see subsection 3(d), above). Pub. L. 90-421, approved July 24, 1968, 82 Stat. 420 (22 U.S.C. 1641). The Commission was authorized to consider claims of United States nationals who were eligible to file in the first Italian Claims Program, but who failed to file, as well as claims of United States nationals against Italy which arose in certain areas ceded by Italy under the Treaty of Peace, including the Dodecanese Islands. Excluded from consideration were claims of persons who had previously received compensation in the first Italian Claims Program or under the Treaty of Peace with Italy. Payments on awards granted by the Commission in this program were made from the balance remaining in the Italian Claims Fund following payment of the awards granted in the first Italian Claims Program. This second program was completed on December 24, 1971.

(f) Soviet Union

Between 1956 and 1959, the Commission also administered a Soviet Claims Program pursuant to provisions of Title III of the Act. Those provisions authorized the Commission to consider claims of nationals of the United States arising prior to November 16, 1933, against the Soviet Government, and claims of United States nationals based on liens held on property in the United States assigned to the United States Government by the Government of the Union of Soviet Socialist Republics under the Litvinov Assignment of November 16, 1933. This program was completed on August 9, 1959.

Partial payments on awards in these claims were made out of the proceeds derived from liquidation of the assets acquired by the United States under the Litvinov Assignment. The funds so derived totaled $8,658,722.43. The balance of the awards, however, remains unpaid and outstanding, pending conclusion of a final claims settlement agreement between the United States and what are now the republics of the former Soviet Union.

4. Title IV

Czechoslovakia - First Program

Upon enactment of Title IV of the Act, the Commission commenced a program to determine claims of nationals of the United States against the Government of Czechoslovakia based upon losses resulting from the nationalization or other taking of property by that government. Pub. L. 85-604, approved August 8, 1958, 72 Stat. 527 (22 U.S.C. 1642). The funds for payment of awards granted by the Commission in these claims were derived initially in 1952 from the sale of certain Czechoslovakian assets in the United States which amounted to $8,540,768.41. Subsequently, an additional claims fund in the amount of $74,550,000 was obtained through conclusion of a claims settlement agreement with Czechoslovakia in 1982. (For information concerning the Commission's Second Czechoslovakian Claims Program, see subsection C.3, below.)

5. Title V

(a) China - First Program

The first China Claims Program was administered pursuant to an amendment to Title V of the Act. Pub. L. 89-780, approved November 6, 1966, 80 Stat. 1365 (22 U.S.C. 1643). That amendment authorized the Commission to determine claims of nationals of the United States against the Government of the People's Republic of China (PRC) based on: (1) losses resulting from the nationalization, expropriation, intervention, or other taking of, or special measures directed against, property by that government; and (2) the disability or death of nationals of the United States resulting from actions taken by or under the authority of that government. The program covered claims for losses which occurred between October 1, 1949, when the PRC government ascended to power, and November 6, 1966, the date the program was authorized.

When the program was authorized, no funds were available with which to make payment on the claims. The statute provided only for the determination of the validity and amounts of such claims, and the certification of the Commission's findings to the Secretary of State for use in the future negotiation of a claims settlement agreement with the Government of the People's Republic of China. The first China Claims Program was completed on July 6, 1972.

Subsequently, on May 11, 1979, the Governments of the United States and the People's Republic of China concluded a formal claims agreement settling claims of nationals of the United States which arose between October 1, 1949, and the date of the agreement. Pursuant to the provisions of this agreement, the Government of the People's Republic of China agreed to pay $80.5 million to the United States for deposit in a China Claims Fund established by the Department of the Treasury. Under the agreement, the schedule of payments to the Department of the Treasury provided for an initial payment of $30 million on October 1, 1979 and five annual payments of $10.1 million on October 1 of each year thereafter, beginning in 1980 and ending in 1984. Pursuant to the statutory payment provisions in section 8 of Title I of the Act, payments were made from the China Claims Fund by the Department of the Treasury on the losses certified in this program, and also on the awards certified in the second China Claims Program. (See subsection 1(e) above.)

(b) Cuba

Title V of the Act also authorized the Commission to consider claims of nationals of the United States against the Government of Cuba, based upon: (1) losses resulting from the nationalization, expropriation, intervention, or other taking of, or special measures directed against, property by that government; and (2) the disability or death of nationals of the United States resulting from actions taken by or under the authority of that government. Pub. L. 88-666, approved October 16, 1964, 73 Stat. 1110 (22 U.S.C. 1643). The program covered claims for losses which occurred between January 1, 1959, when the Castro regime took power, and October 16, 1964, the date the program was authorized.

When the program was authorized, there were no funds available with which to make payment on the claims, and the statute precluded Congress' appropriation of funds for such payments. In this case as well, the statute provided only for the determination of the validity and amounts of such claims, and for the certification of the Commission's findings to the Secretary of State for use in the future negotiation of a claims settlement agreement with the Government of Cuba. The Cuban Claims Program was completed on July 6, 1972.

6. Title VI

German Democratic Republic (East Germany)

Title VI of the Act authorized the Commission to receive and determine claims against the German Democratic Republic (GDR) for losses which arose from the nationalization, expropriation or other taking by that government of property interests of nationals of the United States. Pub. L. 94-542, approved October 18, 1976, 90 Stat. 2509 (22 U.S.C. 1644). When the program was authorized, no funds were available for payment of the awards issued by the Commission. The program was completed on May 16, 1981.

The Department of State subsequently conducted negotiations with the GDR -- and, after unification, with the Federal Republic of Germany -- to obtain a claims settlement to provide funds for the payment of awards. Those negotiations culminated in the signing of a settlement agreement on May 13, 1992, in which Germany assented to payment of up to $190 million to settle and discharge the claims against it. Its initial payment was $160 million, with up to an additional $30 million to be paid if needed. The agreement allowed claimants to elect either to accept payment of their Commission awards or to waive their right to payment in order to pursue claims for their properties under German law. See 1992 FCSC Ann. Rep. 87.

In April 1997, the United States and Germany exchanged diplomatic notes reflecting the resolution of all but five of the subject claims, and fixing the "final transfer amount" at $102,010,961.47. The balance of the $160 million initial payment was returned to Germany, with the remaining five cases to be "resolved by mutual agreement."

7. Title VII

Vietnam

On February 25, 1986, the Commission completed a program to determine the validity and amount of claims of United States nationals against the Socialist Republic of Vietnam arising from the nationalization or other taking of property on or after April 29, 1975, when the Government of the Republic of Vietnam (South Vietnam) was overthrown. The program was authorized under Title VII of the Act. Pub. L. 96-606, approved December 28, 1980, 94 Stat. 3534 (22 U.S.C. 1645). The Commission made determinations on 534 claims, granting awards to 192 claimants in the total principal amount of $99,471,983.51. A claims settlement agreement was concluded with the Socialist Republic of Vietnam on January 28, 1995, which provided funds in the total amount of $203,504,248.00 for payment of the principal amount of the awards plus interest at the effective rate of approximately 4.8 percent simple interest per annum running from the dates the respective claims arose to the date of the agreement.

B. Claims Under The War Claims Act of 1948

1. Title I

Pursuant to Title I of the War Claims Act of 1948 (Pub. L. 896, 80th Congress, approved July 3, 1948, 62 Stat. 1240 (50 U.S.C. App. 2001)), and amendments thereto, the Commission and its predecessor, the War Claims Commission, were authorized to administer ten prisoner-of-war and civilian internee compensation programs and four war damage and loss compensation programs:

(1) Claims of American citizens who were interned or in hiding in specified areas in the Pacific during World War II (Sec. 5(a) of the Act (50 U.S.C. App. 2004(a)));

(2) Claims of members of the Armed Forces of the United States who were imprisoned by the enemy during World War II and who were not fed in accordance with the standards prescribed by the Geneva Convention of July 27, 1929 (Sec. 6(b) of the Act (50 U.S.C. App. 2005(b)));

(3) Claims of religious organizations in the Philippines or their personnel for goods and services furnished to civilian American internees and members of the Armed Forces of the United States who were held as prisoners of war during World War II (Sec. 7(a) of the Act (50 U.S.C. App. 2006(a)));

(4) Claims of members of the Armed Forces of the United States who were mistreated while imprisoned by the enemy during World War II (Sec. 6(d) of the Act (50 U.S.C. App. 2005(d)));

(5) Claims of United States-affiliated religious organizations in the Philippines for damage or destruction of educational, medical and welfare institutions and other connected non-religious facilities during World War II (Sec. 7(b-c) of the Act (50 U.S.C. App. 2006(b-c)));

(6) Claims of civilian American employees of contractors interned by the Japanese forces during World War II (Sec. 5(f) of the Act (50 U.S.C. App. 2004(f)));

(7) Claims of civilian American internees in Korea during the Korean conflict (Sec. 5(g) of the Act (50 U.S.C. App. 2004(g)));

(8) Claims of members of the Armed Forces of the United States captured during the Korean conflict (Sec. 6(e) of the Act (50 U.S.C. App. 2005(e)));

(9) Claims of Americans who were captured and held as prisoners of war while serving in the Allied Forces during World War II (Sec. 15 of the Act (50 U.S.C. App. 2014));

(10) Claims of American merchant seamen interned during World War II (Sec. 16 of the Act (50 U.S.C. App. 2015));

(11) Claims of American citizens and business entities for losses as a result of the sequestration of accounts, deposits and other credits in the Philippines by the Imperial Japanese Government (Sec. 17 of the Act (50 U.S.C. App. 2016));

(12) Claims of non-United States affiliated religious organizations in the Philippines of the same denomination of religious organizations functioning in the United States or their personnel for the value of relief furnished American civilians and prisoners of war and for damage or loss of educational institutions and other connected non-religious facilities during World War II (Sec. 7(h) of the Act (50 U.S.C. App. 2006(h)));

(13) Claims based upon the death or imprisonment of Guamanians by the Japanese forces on Wake Island during World War II (Sec. 5(h) of the Act (50 U.S.C. App. 2004(h))); and

(14) Claims of military and civilian personnel assigned to duty on board the U.S.S. Pueblo who were captured by the military forces of North Korea on January 23, 1968, and thereafter imprisoned by the Government of North Korea (Sec. 6(e) of the Act (50 U.S.C. App. 2005(e))).

2. Title II

Under the authority of Title II of the Act (Pub. L. 87-846, approved October 22, 1962, 76 Stat. 1107 (50 U.S.C. App. 2017)), the Commission administered the General War Claims Program. In this program, the Commission determined claims of nationals of the United States for loss or destruction of, or physical damage to, property located in certain specified areas of Europe and the Pacific and for certain deaths and personal injuries resulting from military operations during World War II. Section 615 of Public Law 94-542, approved October 18, 1976, allowed consideration of protests relating to awards in decisions on these claims issued during the last ten calendar days of the program (May 7-17, 1967).

*       *       *       *       *       *       *       *

All of the above programs were completed by the dates specified by Congress in the authorizing statutes. Citations to reports and statistics on the programs are included in Sections V and VI of this Annual Report.

Funds for the payment of claims and administrative expenses in all but three of the programs conducted under the War Claims Act were derived from the liquidation of Japanese and German assets under the control of the Attorney General of the United States (which had been blocked and vested in the United States during World War II under the Trading With the Enemy Act), rather than from monies appropriated from the general revenues of the United States. These funds were deposited in the War Claims Fund, a special fund established in the Department of the Treasury for this purpose. The three exceptions mentioned above were the programs for compensation of prisoner-of-war and civilian internee claims arising from the Korean conflict and from the U.S.S. Pueblo incident. Funds for payment of claims and expenses of these programs were appropriated by the Congress.

C. Claims Under Other Statutory Authority

1. Philippines

The Commission was authorized to administer a Philippine Claims Program pursuant to Public Law 87-616, approved August 30, 1962, 72 Stat. 411 (50 U.S.C. App. 1751-1785 note). This statute provided for the recertification of the unpaid balances of awards previously granted by the United States-Philippine War Damage Commission under the Philippine Rehabilitation Act of 1946. This program was completed on December 23, 1964.

2. Lake Ontario

Public Law 87-587, approved August 15, 1962 (76 Stat. 387), gave the Commission the unique assignment of conducting a program to determine the validity and amounts of claims of citizens of the United States for damages caused during 1951 and 1952 by the Government of Canada's construction and maintenance of the Gut Dam in the Saint Lawrence River. The Commission's responsibility was to adjudicate the claims and report its findings and conclusions to the President of the United States for such action as he might deem appropriate. The statute further provided that, if an agreement was concluded between the Governments of the United States and Canada for arbitration or adjudication of these claims, the Commission would discontinue its activities and transfer its records to the Secretary of State.

The program was commenced in November 1962 and extensive research and development of claims was conducted. However, an agreement with Canada was concluded in March 1965 and, as directed by the statute, the Commission immediately discontinued the program and transferred its records to the Department of State.

3. Czechoslovakia - Second Program

In 1962, the Commission completed the first Czechoslovakian Claims Program, in which it adjudicated claims by United States nationals arising between January 1, 1945, and August 8, 1958. (See subsection A.4, above.) On December 29, 1981, Congress enacted the Czechoslovakian Claims Settlement Act of 1981 (Public Law 97-127, 95 Stat. 1675 (22 U.S.C. note prec. 1642)), approving a claims settlement agreement which had been reached between the United States and Czechoslovakia. Under that agreement, the Government of Czechoslovakia paid to the United States a total of $81.5 million in settlement of all claims which had arisen up to the date of the agreement.

The claims statute directed that three funds be created out of the total settlement amount. The first fund, amounting to $74.55 million, was set aside to make further payments on the unpaid balance of awards made in the previous program. A second fund of $5.4 million was set aside to make ex gratia payments to certain claimants whose claims had previously been denied due to their lack of United States citizenship on the date of loss. The Commission was directed to redetermine the claims of those claimants and to find them valid if the owner of the confiscated property had become a United States citizen by February 26, 1948. A third fund in the amount of $1.5 million was set aside to pay claimants who had suffered losses subsequent to August 8, 1958, and the Commission was directed to conduct a program to determine such claims. This program was completed on February 24, 1985.

4. Iran

On May 13, 1990, the United States concluded an agreement with the Government of Iran providing for the lump-sum settlement of claims of United States nationals against Iran of under $250,000 per claim (the "small claims"), which had been pending against Iran at the Iran-U.S. Claims Tribunal ("the Tribunal") at The Hague, Netherlands. Settlement Agreement in Claims of Less Than $250,000, Case No. 86 and Case No. B38 (the "Settlement Agreement"). The claimants had filed these claims through the Department of State following the signing of the Algiers Accords by the United States and Iran on January 19, 1981.

To ensure that the Commission would be able to implement an agreement settling the small claims, Congress had enacted legislation in 1985 giving the Commission standby jurisdiction to adjudicate the claims once an agreement was reached. Pub.L. 99-93, approved August 16, 1985, 99 Stat. 437 (50 U.S.C. 1701 note). That jurisdiction became effective once the Settlement Agreement was approved by the Tribunal, which took place on June 22, 1990. Iran-U.S. Claims Tribunal Award No. 483.

In addition to the unresolved small claims, the agreement covered a block of small claims that the claimants had withdrawn from the Tribunal, a second block that the Tribunal had dismissed for lack of jurisdiction, and a third block that had been filed with the Department of State too late to meet the January 19, 1982, filing deadline at The Hague. Also included were certain claims of the United States based on loans from the U.S. Agency for International Development (AID) to the Imperial Government of Iran. Under the terms of the agreement, Iran assented to the transfer of $105 million to the United States in en bloc settlement of all of these categories of claims.

On June 28, 1990, the Department of State formally transferred responsibility for the small claims to the Commission, as provided in the Settlement Agreement, and began transferring the files pertaining to the claims from The Hague to Washington. In addition, the Department issued a formal determination dividing the settlement fund between the small claims and the AID loan claims, allocating $50 million to the former and $55 million to the latter.

By the close of the Iran Claims Program in February 1995, the Commission had issued 1,066 awards totaling $41,570,936.31 in principal and $44,984,859.31 in interest. A total of 578 claims were dismissed, either at the request of claimants or because, despite the Commission's best efforts, the claimants could not be located. The remaining 1,422 claims were denied.

Through investment in Treasury securities, the compensation fund (initially $50 million) had grown to $57,822,758.78 by the end of the claims program. However, since the aggregate total of the principal and interest awards amounted to over $86 million, the interest awards were paid on a pro rata basis, amounting to 34.9602595 percent of each claimant's interest award. By May 1995, the payment process had been substantially completed. The Commission published its final report on the claims program in its 1995 Yearbook. 1995 FCSC Yearbook 5-9.

Return to the Table of Contents

SECTION IV: FUTURE PROGRAMS

A. Claims Against Iraq

As reported above, neither the House of Representatives nor the Senate took any action during the 2000 legislative session toward authorizing the Commission to adjudicate claims of U.S. nationals against Iraq. Thus, as the year ended, there was still no forum for the resolution of the claims against Iraq that fall outside the United Nations Compensation Commission's jurisdiction. (See Section II, subsection B.1, above.)

B. Advisory Program

Under the Foreign Assistance Act of 1961, as amended by Pub. L. 88-205, approved December 16, 1963, 77 Stat. 386 (22 U.S.C. 2370), (the "Hickenlooper Amendment"), the President is authorized to suspend assistance to the government of any country which on or after January 1, 1962, has nationalized or expropriated the property of United States nationals, taken steps to repudiate or annul contracts with United States nationals, or imposed discriminatory taxation or restrictive conditions having the effect of seizing ownership or control of property of United States nationals, and has failed to take appropriate steps to discharge its obligations under international law.

The Hickenlooper Amendment extends the jurisdiction of the Commission from determination and adjudication of claims to an advisory capacity in the area of foreign expropriations and other seizures of American-owned property. Under the amendment, the Commission is authorized, upon the request of the President, to evaluate expropriated property, determine the full value of any property nationalized, expropriated, seized, or subjected to discriminatory actions, and to render an advisory report to the President within ninety days after such request. Unless authorized by the President, the Commission may not publish its advisory report except to the citizen or entity owning the property at issue.

Return to the Table of Contents

SECTION V: INDEX OF COMPLETED PROGRAMS

A. International Claims Settlement Act of 1949

Statutory Authority
FCSC Publication Cite

Claims Against

Title of Act

Public Law

U.S. Code
(22 U.S.C.)

Final Report

Other Publications

Bulgaria
First
Second

III
III

285, 84th Cong.
90-421

1641b
1641b

11 Semiann. 1
1971 Ann. 10
Index-Digest, Vol. I
Decisions & Annotations
Index-Digest, Vol. II
China
First
Second

V
I

89-780
455, 81st Cong.

1643
1623(a)

1972 Ann. 417
1981 Ann. 13

Index-Digest, Vol. II
Index-Digest, Vol. III
Cuba V 88-666 1643 1972 Ann. 69 Index-Digest, Vol. II
Czechoslovakia* IV 85-604 1642 17 Semiann. 140 Index-Digest, Vol. I
Decisions & Annotations
Egypt I 455, 81st Cong. 1623(a) 1990 Ann. 7
Ethiopia I 455, 81st Cong. 1623(a) 1987 Ann. 11
German Democratic Republic VI 94-542 1644 1981 Ann. 42 Index-Digest, Vol. III
Hungary
First
Second

III
III

285, 84th Cong.
90-421

1641b
1641b

11 Semiann. 1
1971 Ann. 10
Index-Digest, Vol. I
Decisions & Annotations
Index-Digest, Vol. II
Italy
First
Second

III
III

285, 84th Cong.
90-421

1641c
1641c

11 Semiann. 1
1971 Ann. 12
Index-Digest, Vol. I
Decisions & Annotations
Index-Digest, Vol. II
Panama I 455, 81st Cong. 1623(a) Settlement of Claims,
1949-1955, p.217
Index-Digest, Vol. I
Decisions & Annotations
Poland I 455, 81st Cong. 1623(a) 24 Semiann. 35 Index-Digest, Vol. I
Decisions & Annotations
Romania
First
Second

III
III

285, 84th Cong.
90-421

1641b
1641b

11 Semiann. 1
1971 Ann. 10
Index-Digest, Vol. I
Decisions & Annotations
Index-Digest, Vol. II
Soviet Union III 285, 84th Cong. 1641d 11 Semiann. 1 Index-Digest, Vol I
Decisions & Annotations
Vietnam VII 96-606 1645 1985 Ann. 9 Index-Digest, Vol. III
Yugoslavia
First
Second

I
I

455, 81st Cong.
455, 81st Cong.

1623(a)
1623(a)
Settlement of Claims,
1949-1955, p. 17
1969 Ann. 15
Index-Digest, Vol. I
Decisions & Annotations
Index-Digest, Vol. II
* The Second Czechoslovakian Claims Program was authorized by the Czechoslovakian Claims Settlement Act of 1981. See C. Under Other Statutory Authority, below.

B. War Claims Act of 1948


Statutory Authority
FCSC Publication Cite

Type of Claim

Section
of Act

Public Law

U.S. Code
(50 U.S.C. App.)

Report

Other
Publications

a. Civilian Internee
Korean Conflict
U.S.S. Pueblo Incident
Vietnam Conflict
  World War II (Pacific area)
Guamanians
U.S. Citizens
Employees of Contractors
  World War II (Worldwide)
Merchant Seamen

5(g)
6(e)
5(i)
 
5(h)
5(a)
5(f)
 
16

615, 83rd Cong.
91-289
91-289
 
87-617
896, 80th Cong.
744, 83rd Cong.
 
744, 83rd Cong.

2004(g)
2005(e)
2004(i)
 
2004(h)
2004(a)
2004(f)
 
2015

5 Semiann. 1, 24, 27
1971 Ann. 19, 24
1986 Ann. 6
 
19 Semiann. 10, 64
4 Semiann. 2, 51
5 Semiann. 1, 25, 27
 
5 Semiann. 1, 25, 27

 
 
 
 
 
Settlement of Clms., 1949-1955
 
 
b. Damage or Loss of Property
  World War II (Philippines)
Bank Accounts
Religious Organizations
Non-U.S. Affiliated
U.S. Affiliated
Aid to U.S. Armed Forces
Educational & Other
  non-Religious Facilities
  World War II (Worldwide)
General

 
17
 
7(h)
 
7(a)
 
7(b-c)
 
202

 
744, 83rd Cong.
 
997, 84th Cong.
 
896, 80th Cong.
 
303, 82nd Cong.
 
87-846 *(94-542)

 
2016
 
2006(h)
 
2006(a)
 
2006(b-c)
 
2017(a)
*(2017i,j, note)

 
5 Semiann. 1, 25, 27
 
8 Semiann. 8, 10
 
4 Semiann. 2, 51
 
4 Semiann. 2, 51
 
1967 Ann. 95, 197
*(1977 Ann. 10, 51)

 
 
 
 
 
Settlement of Clms., 1949-1955
 
Settlement of Clms., 1949-1955
 
Decisions & Annotations
a. Prisoner of War
Korean Conflict
U.S.S. Pueblo Incident
Vietnam Conflict
  World War II
U.S. Armed Forces
Inadequate food rations
Inhumane treatment
U.S. Citizens
Allied Armed Forces

6(e)
6(e)
6(f)
 
 
6(b)
6(d)
 
15

615, 83rd Cong.
91-289
91-289
 
 
896, 80th Cong.
303, 82nd Cong.
 
744, 83rd Cong.

2005(e)
2005(e)
2005(f)
 
 
2005(b)
2005(d)
 
2014

5 Semiann. 25
1971 Ann. 19, 24
1986 Ann. 6
 
 
4 Semiann. 2, 5
4 Semiann. 2, 5
 
5 Semiann. 27

 
 
 
 
 
Settlement of Clms., 1949-1955
Settlement of Clms., 1949-1955
 
 
* Authorized protest period for claims decisions issued during last ten days of General War Claims Program.

C. Under Other Statutory Authority


Statutory Authority
FCSC Publication Cite
Title of Claims Program   Public Law U.S. Code Final Report Other Publications
Iran
Lake Ontario
Philippine
 
Second Czechoslovakian
99-93
87-587
87-616
 
97-127
50 U.S.C. 1701 note
 
50 U.S.C. App.
1751-1763 note
22 U.S.C. note
prec. 1642
1995 Ann. 5
22 Semiann. 12
21 Semiann. 11
 
1984 Ann. 11

Decisions & Annotations
Decisions & Annotations
 
Index-Digest, Vol. III

Return to the Table of Contents

SECTION VI: TABLE OF COMPLETED PROGRAMS

A. International Claims Settlement Act of 1949


Program Dates
 
Title/Country Filing Deadline Completion No. of
Denials
No. of
Awards
Principal
Amt. of Awards
Amt. of Funds
for Payment
Approx. % of
Awards Paid
Title I
Yugoslavia-First
Yugoslavia-Second
6/30/51
1/15/68
12/31/54
7/15/69
671
1,354
876
519
$18,417,112.90
9,685,093.22
$17,000,000.00
3,500,000.00
91%
36.1%
Panama 8/4/52 12/31/54 5 62 441,891.84 400,000.00 90%
Poland 3/31/62 3/31/66 5,147 5,022 100,737,681.63 40,000,000.00 33%
China-Second 8/31/79 7/31/81 78 3 176,454.83 180,500,000.00 $1,000 plus
47.50%
Ethiopia 9/30/86 9/30/87 18 27 14,387,510.96 7,000,000.00 $1,000 plus
48.55%
Egypt 11/30/89 6/29/90 2 83 25,885,369.12 10,000,000.00 100% of principal
plus 81.132778%
of interest awards
Title III
Bulgaria-First 9/30/56 8/9/59 174 217 4,684,186.46 2,676,234.49 $1,000 plus
69.71%
Bulgaria-Second 6/30/70 12/24/71 49 141,400.00 400,000.00 13 do
Hungary-First

Hungary-Second
9/30/56

5/15/75
8/9/59

5/16/77
1,572

1,159
1,153

365
58,277,457.94

3,729,227.64
2,235,750.65

18,900,000.00
3$1,000 plus
37%
do
Romania-First

Romania-Second
9/30/56

6/30/70
8/9/59

12/24/71
575

300
498

85
60,011,347.78

1,091,102.00
20,164,212.68

2,500,000.00
$1,000 plus
37.841474%
do
Italy-First

Italy-Second
9/30/56

6/30/70
8/9/59

12/24/71
1,764

324
482

90
2,239,413.34
Int. 762,294.45
348,934.33
Int. 110,651.78
5,000,000.00

1,086,520.23
100% plus
Interest
do
Soviet Union 4/02/56 8/9/59 2,205 1,925 70,466,019.00 8,658,722.43 $1,000 plus
Title IV
Czechoslovakia 9/15/59 9/15/62 1,346 2,630 4$113,645,205.41 $8,540,768.41

74,550,000.00
$1,000 plus
5.3038419%
70.92945%
5Czechoslovakia-Second
Beneš Claims
Post-1958 Claims

None
2/24/83

2/24/85
2/24/85


1,292

128
327

43,906,382.07
5,120,927.83

5,400,000.00
1,500,000.00

12.2988953%
29.29156%
Title V
Cuba 5/1/67 7/6/72 2,905 5,911 1,851,057,358.00 (None)
China-First 7/6/69 7/6/72 198 378 196,681,841.00 80,500,000.00 $1,000 plus
Title VI
German Democratic
Republic
5/16/78 5/16/81 1,999 1,899 77,880,352.69 $102,010,961.47 100% of principal
plus approx. 50%
of interest awards
Title VII
Vietnam 2/25/83 2/25/86 342 192 99,471,983.51 203,504,248.00 100% of principal
plus 80.30534566%
of interest awards
Iran Claims Act
Iran 6/22/90 2/24/95 62,000 1,066 41,570,936.31 57,822,758.78 100% of principal
plus 34.9602595%
of interest awards
1Also covers awards issued in the First China Claims Program under Title V of the Act.
2Includes awards in the principal amount of $5,767,610.34 issued by the Department of State before transfer of the claims to the Commission in 1989.
3$1,000 plus 40% paid on war damage claims in which awards were granted in this program (38.5% from War Claims Fund).
4Includes both principal and interest inasmuch as payment priorities and limitations under this Title were based on the total amount of awards whereas such priorities and limitations under Titles I and III were based on prorated payments on principal amount of awards, prior to making payments on awards of interest. Breakdown of Czechoslovakia awards amount is: principal--$72,614,634; interest--$41,030,571.
5Under an agreement signed on January 29, 1982, the Czechoslovakian Government paid $81.5 million for settlement of all claims of U.S. nationals between January 1, 1945 and February 2, 1982. Under the Czechoslovakian Claims Settlement Act of 1981 (P.L. 97-127) Congress established a $74.55 million fund for further payment of awards under Title IV and authorized the Commission to redetermine certain claims for losses of property owned by persons who became U.S. nationals on or before February 26, 1948, and to adjudicate claims for losses arising after August 8, 1958, the end of the period covered by the First Czechoslovakian Claims Program. Funds of $5.4 million and $1.5 million, respectively, were set aside by Congress for payment of these awards.
6Includes 578 claims that were ordered dismissed.

B. War Claims Act of 1948

Authority Type of Claim Filing Period No. of
Claims
No. of
Denials
No. of
Awards
Amount
of Awards
Program
Completed
Title I
6(b) Members of U.S. Armed Forces
held as prisoners of war during
World War II-$1 per day for
inadequate food rations.
1/30/50-3/31/52 286,315 1106,590 179,725 $ 49,935,899 3/31/55
5(a) U.S. civilians interned by Japanese
or in hiding in U.S. territories
nd possessions during World War
II-$60 per month.
do 23,000 13,740 9,260 13,679,329 do
7(a) U.S. affiliated religious organiza-
tions and personnel for reimburse-
ment for aid furnished to U.S.
Armed Forces and civilians during
World War II in Philippines.
do 10,194 10,159 35 2,858,560 do
6(d) Members of U.S. Armed Forces
held as prisoners of war during
World War II-$1.50 per day for
forced labor and inhumane treat-
ment.
4/9/52-8/1/54 254,228 75,328 178,900 73,492,926 do
7(b-c) U.S. affiliated religious organi-
zations for damage or loss of
educational and other non-religious
facilities in Philippines during
World War II.
do 89 41 48 17,238,597 do
6(e) Members of U.S. Armed Forces held
as prisoners of war during the
Korean Conflict-$2.50 per day.
8/21/54-8/21/55 9,877 9,450 427 8,874,458 8/21/56
5(g) U.S. civilians interned or in
hiding during Korean Conflict-
$60 per month.
do 10 0 10 16,774 do
5(f) U.S. civilian employees of con-
tractors interned by Japanese in
U.S. Territories and possessions
during World War II-$60 per month.
8/31/54-8/31/55 2,968 746 2,222 4,082,086 8/31/56

Authority Type of Claim Filing Period No. of
Claims
No. of
Denials
No. of
Awards
Amount
of Awards
Program
Completed
             
15 U.S. citizens serving in Armed
Forces of U.S. Allies held as
prisoners of war during World
War II-$2.50 per day.
 
do 266 59 206 335,836 do
16 U.S. merchant seamen interned
during World War II (not covered
under Sec. 5(a))-$60 per month.
 
do 385 214 171 333,594 do
17 Sequestration of bank accounts
of U.S. civilians, members of
U.S. Armed Forces, U.S. business
firms, and bank institutions in
Philippines during World War II.
 
do 3,626 459 3,167 10,570,917 do
7(h) Non-U.S. affiliated religious
organizations in Philippines of
same denomination of religious
organizations functioning in
U.S. for reimbursement for aid
and damages as covered under
Sec. 7(a-c).
 
8/6/56-2/6/57 109 67 42 8,711,482 2/6/58
5(h) Detention benefits to Guamanians
captured by Japanese on Wake
Island during World War II-$60
per month.
 
8/31/62-2/28/63 35 0 35 91,782 12/31/63
6(e) Civilians and members of U.S.
armed Forces assigned to U.S.S.
Pueblo who were held as prisoners
by North Korea-$2.50 per day.
 
9/16/70-6/24/71 82 0 82 68,256 6/24/71
Title II
202 War damage or loss of property in
certain Eastern European countries,
and in territories occupied or
attacked by Japanese forces during
attacked by Japanese forces during
World War II; damage to ships;
losses to insurers, and by
passengers on ships.
 
7/15/63-1/15/65

2(11/8/76-2/7/77)
22,605

2(4)
15,566

2(1)
7,039

2(3)
334,783,630

2(1,026,548)
5/17/67

2(3/4/77)
1Many thousands of claims for prisoner of war compensation were filed by residents in U.S. possessions and territories occupied by enemy forces during World War II who were not officially listed as members of duly recognized units of the Armed Forces of the U.S. during World War II. Those claimants were ineligible to receive prisoner of war compensation, which accounts for the high number of disallowances.
2These dates, numbers, and amounts represent protests and additional awards granted pursuant to Section 615 of Public Law 94-542, approved October 18, 1976.

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SECTION VII: LIST OF CHAIRS AND
COMMISSIONERS

WHITNEY GILLILLAND, Chairman, August 6, 1954, to November 15, 1959.

HENRY J. CLAY, August 6, 1954, to August 15, 1958.

PEARL CARTER PACE, August 6, 1954, to March 28, 1961 (became Chair December 1, 1959).

ROBERT L. KUNZIG, August 21, 1958, to January 19, 1961.

THOMAS W.S. DAVIS, December 2, 1959, to March 28, 1961.

EDWARD D. RE, Chairman, March 29, 1961, to February 27, 1968.

LAVERN R. DILWEG, April 14, 1961, to January 2, 1968.

THEODORE JAFFE, March 29, 1961, to October 21, 1971.

LEONARD v. B. SUTTON, Chairman, March 28, 1968, to October 21, 1969.

SIDNEY FREIDBERG, June 24, 1968, to August 24, 1970.

LYLE S. GARLOCK, Chairman, February 25, 1970, to October 31, 1973
(continued to serve on Commission until July 30, 1975).

KIERAN O'DOHERTY, June 22, 1972, to October 21, 1973.

J. RAYMOND BELL, Chairman, November 1, 1973, to October 21, 1977.

WILFRED J. SMITH, August 28, 1974 to October 21, 1979.

ROBERT E. LEE, April 7, 1976 to October 21, 1978.

RICHARD W. YARBOROUGH, Chairman, December 8, 1978, to October 21, 1981.

FRANCIS L. JUNG, June 28, 1980, to December 6, 1981.

RALPH W. EMERSON, December 31, 1980, to August 28, 1981.

FRANK H. CONWAY, August 31, 1981, to November 2, 1994.

J. RAYMOND BELL, Chairman, October 22, 1981, to September 6, 1983.

JOSEPH W. BROWN, December 7, 1981, to March 15, 1988.

BOHDAN A. FUTEY, Chairman, May 3, 1984, to May 27, 1987.

ROBERT J. KABEL, March 15, 1988, to February 1, 1991.

STANLEY J. GLOD, Chairman, August 12, 1988, to September 8, 1992.

BENJAMIN F. MARSH, February 1, 1991, to November 3, 1994.

JAMES H. GROSSMAN, Chairman, September 8, 1992, to November 26, 1993.

DELISSA A. RIDGWAY, Chair, October 13, 1994, to May 28, 1998.

JOHN R. LACEY, November 4, 1994, to present.

RICHARD T. WHITE, November 3, 1994, to present.

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