FOR IMMEDIATE RELEASE FCS
THURSDAY, JANUARY 23, 1997 (202) 616-2777
TDD (202) 514-1888
ATTORNEY GENERAL RENO ANNOUNCES UPCOMING DEADLINE FOR
U.S. SURVIVORS OF HOLOCAUST TO FILE CLAIMS
Washington, D.C. -- Only one month remains for U.S.
survivors of Nazi persecution to file a claim for reparations
from the German government under a Holocaust Claims Program,
Attorney General Janet Reno announced today.
The program, which is administered by the Foreign Claims
Settlement Commission, stems from an agreement reached between
Germany and the United States in September 1995. Under the
agreement, Germany will pay reparations to any identified
individuals who were survivors of Nazi concentration camps during
World War II and were U.S. citizens at the time.
"If you are a survivor, please come forward. We are racing
against time," said Attorney General Janet Reno, in announcing
the February 23 filing deadline. Reno first announced the
program last June.
The 1995 agreement also required Germany to pay a total of
three million marks (about $2.1 million) to other previously-
identified Americans who survived Nazi concentration camps. One
of these Americans was Hugo Princz, a survivor of Auschwitz and
Dachau, who fought a 40-year battle for reparations through the
U.S. courts and in Congress.
Following the agreement, Congress passed legislation
authorizing the Foreign Claims Settlement Commission to determine
whether a claim is valid. The Commission will then provide the
information to the Department of State, which will use those
findings to negotiate a final settlement with Germany beginning
in September 1997. The Department of Treasury will hold the
funds received and make payments in accordance with the
Commission's decisions.
"The claims program offers U.S. survivors of the Holocaust
their only opportunity to receive compensation from Germany
through the U.S. government," said Commission Chair Delissa A.
Ridgway.
Ridgway stressed the program is open only to those Holocaust
survivors who were U.S. citizens at the time of their Nazi
prosecution and were interned in a concentration camp or under
comparable conditions. It excludes reparations for those
subjected to forced labor only.
The Foreign Claims Settlement Commission is an independent
quasi-judicial agency in the Justice Department that works to
resolve claims of U.S. citizens against foreign countries.
Currently, the Commission is deciding claims against Albania
and registering claims against Iraq. In 1995, the Commission
completed adjudicating more than 3,000 claims against Iran, and
prior to that decided claims against Poland, Czechoslovakia, the
Soviet Union, Egypt, China, Vietnam and Cuba.
Claim forms under the Holocaust program may be filed by
completing and returning a form available from the Commission.
Claims are available by writing to the Foreign Claims Settlement
Commission, Washington, D.C. 20579, or by calling 202-616-6975.
# # #
97-029 TALKING POINTS FOR THE ATTORNEY GENERAL
THURSDAY, JANUARY 23, 1997 @ 9:30 AM
[TAPE OF LT. TAYLOR PLAYS.]
THAT WAS UNITED STATES LIEUTENANT JACK TAYLOR SHORTLY AFTER BEING
RESCUED FROM THE MAUTHAUSEN [MAT-HOUSE-EN] CONCENTRATION CAMP. LT.
TAYLOR WAS NOT ALONE.
AMONG THE MILLIONS OF PEOPLE WHO SUFFERED IN NAZI CONCENTRATION
CAMPS WERE PERHAPS HUNDREDS OF AMERICAN CITIZENS JUST LIKE HIM,
CIVILIANS AND POW'S ALIKE.
IN 1995, THE GERMAN GOVERNMENT REACHED AN AGREEMENT WITH THE UNITED
STATES TO COMPENSATE U.S. CITIZENS WHO WERE FORCED TO LIVE THROUGH
THAT NIGHTMARE. THE CLAIMS PROCESS WHICH GREW OUT OR THE AGREEMENT
IS ADMINISTERED BY THE FOREIGN CLAIMS SETTLEMENT COMMISSION--HEADED
BY DELISSA RIDGWAY, WHO IS WITH ME TODAY. SEATED TO THE RIGHT IS
ELI ROSENBAUM OF THE OFFICE OF SPECIAL INVESTIGATIONS.
UNDER THE AGREEMENT, ANYONE WHO WAS INTERNED IN A CONCENTRATION
CAMP DURING WORLD WAR II, AND WAS AN AMERICAN CITIZEN AT THE TIME,
IS POTENTIALLY ELIGIBLE FOR COMPENSATION. BUT BECAUSE CLAIMANTS
MUST STILL BE LIVING, WE ARE RACING AGAINST TIME TO COMPENSATE
THEM.
SINCE I ANNOUNCED THE PROGRAM LAST JUNE IN LOS ANGELES, WE HAVE
WORKED HARD TO GET OUT THE WORD TO POTENTIAL CLAIMANTS--THROUGH
JEWISH ORGANIZATIONS, SURVIVORS ASSOCIATIONS, AND VETERANS GROUPS.
BUT TIME IS RUNNING OUT.
ONE MONTH FROM TODAY--FEBRUARY 23--IS THE DEADLINE TO SUBMIT A
CLAIM TO THE JUSTICE DEPARTMENT'S FOREIGN CLAIMS SETTLEMENT
COMMISSION. CLAIMANTS CAN DO THIS BY WRITING TO:
THE FOREIGN CLAIMS SETTLEMENT COMMISSION
WASHINGTON, D.C. 20579
OR BY CALLING:
202-616-6975.
THERE IS NO WAY TO TRULY COMPENSATE ANYONE WHO LIVED THROUGH THESE
HORRORS. BUT IF YOU ARE A SURVIVOR, PLEASE COME FORWARD. IF YOU
KNOW A SURVIVOR, PLEASE TELL HIM OR HER ABOUT THE PROGRAM. AND TO
EVERYONE ELSE, INCLUDING THE MEDIA, I ASK YOU TO PLEASE HELP SPREAD
THE WORD--THAT TIME IS RUNNING OUT IF WE ARE TO AT LEAST PARTIALLY
REDRESS ONE OF THE MOST EVIL MOMENTS IN HUMAN HISTORY.
HOLOCAUST CLAIMS PROGRAM FACT SHEET
January 23, 1997
The Holocaust Claims Program, being conducted by the Foreign
Claims Settlement Commission, implements a September 1995
Agreement between the Governments of the U.S. and Germany. That
agreement stems from the case of Hugo Princz, who fought a 40-
year battle for reparations through the U.S. courts and in
Congress.
Under the September 1995 Agreement and related legislation,
Holocaust survivors can be compensated if they:
Were U.S. citizens at the time of their Nazi persecution;
and
Were interned in a concentration camp or under comparable
conditions.
The September 1995 Agreement specifically excludes
compensation for those who were subjected to forced labor only
and were not interned in a camp. In addition, ex-POWs
generally are not eligible unless they were interned in
concentration camps.
All claims within the scope of the September 1995 agreement
will be extinguished when the Holocaust Claims Program is
completed, whether or not they have been asserted. Therefore,
all individuals with claims within the scope of that Agreement
should file those claims in the Holocaust Claims Program, to
protect their rights.
The FCSC deadline for the filing of claims is February 23,
1997. Claimants are encouraged to file as promptly as
possible.
To inquire about eligibility for reparations under the
Holocaust Claims Program and to obtain Claim Forms and other
information, contact:
Foreign Claims Settlement Commission
Washington, D.C. 20579
Phone: (202) 616-6975
Fax: (202) 616-6993
FOREIGN CLAIMS SETTLEMENT COMMISSION
January 1997
Mission
* The Foreign Claims Settlement Commission (FCSC) is a quasi-judicial, independent
agency within U.S. Department of Justice.
* Its primary mission is to adjudicate claims of U.S. nationals against foreign
governments which have nationalized, expropriated or otherwise taken property of
those nationals without adequate compensation as required under international law.
* Commission decisions are final and not reviewable under any standard by any court or
other authority.
Composition
* The agency consists of a tribunal of a full-time Chair and two part-time Commissioners
(all appointed by the President), as well as a legal and administrative staff.
* The current Chair, Delissa A. Ridgway, presides over the tribunal and serves as
administrative head of the agency. The two commissioners are John R. Lacey and
Richard T. White. The Chief Counsel is Mr. David E. Bradley and the Deputy Chief
Counsel is Mrs. Jaleh Barrett.
History
* FCSC was established in 1954, when it assumed functions of two predecessor agencies-
-War Claims Commission and International Claims Commission.
* FCSC and its predecessor agencies have successfully completed 41 claims programs
against various countries including Iran, Yugoslavia, Bulgaria, Rumania, Hungary, the
Soviet Union, Czechoslovakia, Poland, Italy, Cuba, China, East Germany, Vietnam,
Ethiopia, Egypt and Panama.
* Historically, FCSC has adjudicated more than 660,000 claims with awards totaling in
the billions of dollars.
Iran Claims Program
* Most recently, the Commission completed adjudicating more than 3100 claims against
Iran, which arose out of the 1979 Islamic Revolution.
* FCSC's Iran Claims Program was conducted between 1991 and February 1995,
pursuant to a June 1990 Iran-U.S. Settlement Agreement.
* Awards totaled in excess of $86 million.
Vietnam Claims Program
* On January 28, 1995, U.S. and Vietnam signed an agreement providing for a lump
sum settlement in payment of claims against Vietnam previously adjudicated in FCSC's
Vietnam Claims Program.
* From 1980-86, FCSC conducted "pre-settlement adjudication" of claims of U.S.
nationals whose property was seized by Vietnam in 1975.
* FCSC issued awards to 192 claimants totaling $99.5 million, at 6% interest.
* Pursuant to a January 1995 U.S.-Vietnam agreement, $203.5 million was allocated for
payment of FCSC awards to claimants. The funds were disbursed to awardees by the
U.S. Treasury Department.
Current Developments
Albanian Claims Program
* A U.S.-Albanian Claims Settlement Agreement was signed on March 10, 1995, ratified
by Albanian Parliament, and entered into force on April 18, 1995.
* FCSC's Albanian Claims Program is adjudicating claims of U.S. nationals for losses
suffered at the hands of the Communist regime which seized power in that country at
end of World War II.
* FCSC expects to adjudicate more than 300 claims, to be paid out of a $ 2 million fund
created by Albania.
Iraq Claims Registration Program
* Six years after the end of the Gulf War, there exists no viable forum for U.S. nationals
whose claims against Iraq are outside jurisdiction of the United Nations Compensation
Commission ("UNCC") in Geneva.
* Thousands of non-UNCC claims--with an estimated value in excess of $ 5 billion-
-include, for example, commercial claims which pre-dated Iraq's August 1990 invasion
of Kuwait, and claims of U.S. military personnel and their survivors related to Desert
Shield and Desert Storm (as well as claims for injuries in Iraq's 1987 attack on USS
Stark).
* Iraq Claims Act, forwarded to Congress by the Administration, would authorize
FCSC to adjudicate outstanding claims against Iraq.
* In the meantime, FCSC has established the Iraq Claims Registration Program, to
develop comprehensive registry of outstanding claims against Iraq. Registration Forms
and related materials are now available from FCSC.
Cuba Claims Program
* From 1965-72, FCSC conducted "pre-settlement adjudication" of property
expropriation claims against the Castro regime by then-U.S. nationals.
* FCSC adjudicated a total of 8,816 claims of which 5,911 were certified as valid. The
claims totaled more than $1.8 billion (exclusive of interest). With interest, fixed
at 6% per year, the total is approximately $ 5.6 billion.
* Under the Helms-Burton Act -- signed by President Clinton on March 12, 1996 --
FCSC awards in the Cuba Claims Program may serve as predicate for federal court
actions by aggrieved U.S. nationals whose Cuban properties were expropriated, against
foreign entities "trafficking" in those properties (although the President has announced
an indefinite moratorium on filing lawsuits).
* Beginning in 1998, lawsuits can be filed by plaintiffs who were not eligible to file
claims in the FCSC Cuba Claims Program (because they were not then U.S. nationals).
In such cases, The Helms-Burton Act authorizes federal courts to appoint FCSC as a
Special Master to decide issues such as ownership and valuation of property, for use
in federal court actions.
Holocaust Claims Program
* The U.S. and Germany signed an agreement on September 19, 1995, providing
reparations for certain U.S.-citizen survivors of the Holocaust, with compensation to
be paid in two stages.
* Three million German marks ($ 2.1 million) was paid at time of the agreement to
Hugo Princz and a small group of other known concentration camp survivors.
* An additional lump sum payment will be paid to other identified survivors, in an
amount to be determined via negotiations after September 1997.
* Legislation passed in early 1996 authorizes FCSC to receive and adjudicate cases of
additional claimants. FCSC determinations then will serve as a basis for a second
round of negotiations with Germany, to be conducted by the Department of State.
* A second round of negotiations will settle all claims against Germany, whether or not
they have been raised. FCSC must strive to locate all eligible claimants and decide
their claims before September 1997.
* Holocaust Claim Forms are now available from FCSC. The official filing deadline
is February 23, 1997, but potential claimants should file claims as soon as possible.
For additional information, contact:
Foreign Claims Settlement Commission
600 E Street, N.W. Suite 6002
Washington, D.C. 20579
Phone: (202) 616-6975
Fax: (202) 616-6993
STATEMENT TO ADD TO OSI RELEASES:
In September 1995, Germany agreed for the first time to pay reparations to U.S.
survivors of the Holocaust. Anyone who was a U.S. citizen at the time they were interned
in a concentration camp should immediately complete a claim form with the Foreign
Claims Settlement Commission. Claim forms may be obtained by calling 202-616-6975.
Questions and Answers for the Holocaust Claims Program
Q: How did the Holocaust Claims Program come about?
A: In September 1995, the U.S. and Germany reached an agreement to compensate
Americans--civilians and POWs--who were interned in concentration camps during
World War II. The agreement stems from the case of Hugo Princz, a survivor of
Auschwitz and Dachau, who fought a 40-year battle for reparations through the U.S.
courts and in Congress.
Q: How many victims do you think there are?
A: There is simply no way for us to know.
Q: Why does the agreement restrict possible claimants only to living Americans?
A: Since the agreement was negotiated by the State Department, I would defer to them.
Q: Is the German government compensating citizens of other countries?
A: Yes. Germany has reached agreements with many European countries.
Q: Why did it take so long for the U.S. to get this kind of agreement?
A: I would defer to the State Department.
Q: Who is eligible under the Holocaust Claims Program?
A: Compensation is available to Holocaust survivors who:
were interned in a concentration camp or under comparable conditions; and
were U.S. citizens at that time.
The agreement specifically excludes compensation for those who were subjected to
forced labor only and were not interned in a camp. In addition, ex-POWs generally
are not eligible for compensation unless they were interned in a concentration camp.
Q: How do people file claims?
A: To obtain claim forms and other information about the Holocaust Claims Program,
contact the Department's Foreign Claims Settlement Commission at (202) 616-6975
or fax a request to (202) 616-6993. The Commission's address is:
Foreign Claims Settlement Commission
Washington, D.C. 20579
Q: How much total money is available under the fund for victims?
A: The amount of the fund will depend on the number of claimants who are eligible
under the terms of the agreement with Germany.
Q: How much money will each victim receive?
A: The amount of compensation will vary from case to case. One small group of
survivors, including Princz, already has been compensated under the September
1995 agreement. Those individuals split three million German marks (approximately
$2.1 million). The agreement with Germany provides for compensation in other
cases to be decided on the same basis as that first group of cases.
Q: How many people have filed claims so far?
A: To date, about 250 claims have been filed with the Foreign Claims Settlement
Commission. We do not know how many of those claims will qualify under the
terms of the agreement with Germany.
Q: How long till claimants see the money?
A: The U.S. and Germany will agree on the amount of Germany's payment as soon as
possible after the claims process ends in September of this year. The U.S. tREASURy
Department will pay eligible claimants from the fund promptly after Germany's
payment is received.
Q: Why can't victims of POW camps get compensated?
A: Germany's agreement with the U.S. is comparable to its agreements with European
countries, and generally limits compensation to those interned in concentration camps.
Q: The fact sheet says that U.S. citizens must have been in a "concentration camp or
under comparable conditions." What does that mean?
A: It will be up to the Foreign Claims Settlement Commission to interpret the term
"comparable conditions." The Commission is considering that question of legal
interpretation now, and it would be inappropriate to comment further.
Q: Who decides if a claim is valid?
A: The Foreign Claims Settlement Commission will decide the validity of all claims
under the terms of the agreement with Germany and the related legislation.
Q: What happens after the claim is filed?
A: One of the staff attorneys at the Foreign Claims Settlement Commission reviews the
claim, looking for proof of U.S. citizenship at the time, and for documentation of the
claimant's internment and any resulting physical injury or disability. If additional
documentation is needed, the attorney contacts the claimant or the claimant's counsel.
Once the file is complete, the claim is submitted to the three-member Commission for
decision. The Commission then issues a written Proposed Decision, which becomes
the Final Decision of the Commission unless the claimant files an Objection. If the
claimant objects, the Commission reconsiders the claim in light of any additional
evidence the claimant wishes to submit, and issues a Final Decision.
The Commission must complete the adjudication of all claims by September 1997.
At that time, it will certify its decisions to the Secretaries of State and
Treasury. The State Department and the German Government will then negotiate a
lump sum based on the Commission's awards. The lump sum payment from Germany will
be placed in a special account in the U.S. Treasury for distribution to claimants
in accordance with the Commission's decisions.
Q: When you first announced this claims program, the deadline was September 1996.
Then the Commission said victims could file late claims. Why are you now saying
that they must file by February 23?
A: The concentration camp records are old and incomplete, and they are not
computerized, so documenting and verifying a claim is a time-consuming process. The
February 23 deadline should allow the Commission to adjudicate all claims filed by that
date before the September 1997 deadline set in the agreement with Germany.
Q: What ever happened to Lieutenant Taylor?
A: He survived his Holocaust experience but, unfortunately, he passed away years ago.
[We are trying to determine the year.]
Q: Can we talk to other living victims who were U.S. citizens?
A: You may contact Bill Marks (202/624-7207) or Steve Perles (202/745-1300), two
attorneys who may make their Holocaust survivor clients available. In addition,
Mitch Bard (301/565-3918), the author of a recent book on Americans in
concentration camps, is available.
Kansas City Nazi Shooting
Q: What is happening with Michael Kolnhofer, the alleged former Nazi concentration
camp guard who was wounded last month in a shoot-out with police in Kansas City?
A: On December 31, OSI filed a denaturalization action against him principally on the
basis of his service during World War II as an armed SS guard at the Sachsenhausen
concentration camp in Germany. Last month, after Kolnhofer shot at police officers,
they returned fire, wounding him in both legs. Later that day, he suffered a prolonged
loss of blood pressure which caused brain damage that has left him in a vegetative
state. The prognosis for recovery is extremely poor. Accordingly, prosecution of the
Department's denaturalization case against him will not proceed unless Kolnhofer
recovers sufficiently to assist in his own defense. The DA's Office in Kansas City has
similarly stated that its prosecution on criminal charges of assaulting law enforcement
officers will not go ahead unless he recovers.
Q: Did Kolnhofer admit that he served as a concentration camp guard?
A: No. But, it is confirmed by captured Nazi documents found by OSI personnel.
Q: Is it true that after he was wounded, Kolnhofer said to police, "Why for you shoot me?
I not a Jew." and hurled anti-semitic insults at them?
A: I would have to refer you to the Kansas City Police Department on that. It would be
inappropriate for me to comment on their matter.
Looted Assets
Q: Is the Department of Justice playing a role in the White-House-ordered effort to trace
the fate of gold and other assets looted by Nazi Germany and allegedly transferred to
Switzerland and other countries?
A: Yes. The inquiry is being led by Under-Secretary of Commerce Stuart Eizenstat, in
conjunction with the Department of State. Both the FBI and the Justice Department's
Criminal Division have been participating in the inter-agency working group that he
established last year. The search for pertinent Justice Department and FBI records is
continuing under the supervision of the Criminal Division's Office of Special
Investigations (OSI). Under-Secretary Eizenstat has stated publicly that an interim
report, now being drafted by historians at the Department of State, will be publicly
released next month.
Q: What can you tell us about the results of the inter-agency investigation to date?
A: Questions of that nature should be addressed to Under-Secretary Eizenstat (482-1051)
or to State Department spokesperson Nicholas Burns (647-6607).
Attorney General Scheduling Request