COMPLETED PROGRAMS - ITALY

PROGRAM OVERVIEW

Number of Claims 2,660
Number of Awards 572
Amount of Awards - Principal & Interest $3,461,293.91
Amount of Fund $5,000,000
Amount of Payment

100% of Principal and Interest

 

Title III of the International Claims Settlement Act of 1949, as amended (the Act) 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 which arose in Italy and in territories ceded under the treaty of peace with Italy as a result of Italy's participation in World War II were excluded because Italy assumed responsibility for and compensated such claims under the terms of the treaty of peace. These claims were decided by an agency of the Italian Government. If disputes arose with respect to such decisions the claims were referred to the Italian-United States Conciliation Commission, which consisted of one representative from each of the two Governments, having equal status, and a member from a third country selected by mutual agreement of the two Governments. Funds for the payment of awards granted in the Commission’s Italian program were derived from the payment to the United States by the Government of Italy the sum of $5 million pursuant to a Memorandum of Understanding reached between the two governments effective August 14, 1947.

On August 8, 1958, the provisions of Section 304 of Title III of the Act were amended to include the claims of those claimants who were citizens of the United States on August 9, 1955 although they were not nationals of the United States on the dates of loss.  The claims authorized prior to this amendment were completed on August 9, 1955 and reconsideration of those claims under the amendment was completed on May 31, 1960.

The $5 million fund, after deduction of 5 percent for reimbursement to the United States for administrative expenses appropriated, was sufficient to pay the full amount of all awards granted and a sum slightly in excess of $1 million remained in the Italian Claims Fund.

After a congressional restudy of the matter involving certain American claimants who had sustained property losses and damages arising out of the war in which Italy was engaged, it was proposed in the 90th Congress that the Italian Claims Program be reopened to cover claims of persons who had not filed under the original statute.  The congressional proposal also included claims arising in territory ceded pursuant to the Treaty of Peace with Italy, including the Dodecanese Islands which had been heretofore excluded from the provisions of the act.  Excluded from consideration were claims of persons who had previously received compensation pursuant to paragraph (a) of section 304, section 202 of the War Claims Act of 1948, as amended, or under the Treaty of Peace with Italy.  Any balance remaining in the Italian Claims Fund after payment of the new claims, as proposed under the amendments, would be transferred into the War Claims Fund established under section 13 of the War Claims Act of 1948, as amended.  The House of Representatives adopted the above proposal, including the portion relating to reopening the Italian Claims Program, but excluded therefrom the part relating to claims of those persons who were not nationals of the United States on the date of loss, damage, or destruction of their property.  Then the House-passed bill was considered in the Senate these claims were restored. Thereafter, a joint committee of the two bodies recommended that the House-passed version of the Italian claims be accepted and the amended bill, H.R. 9063, became Public Law 90-421, approved July 24, 1968 [82 Stat. 420].

The Second Italian Claims Program was completed by December 24, 1971, the statutory date.

STATUTORY AUTHORITY

First Program – Pub. L. No. 84-285; (22 U.S.C. 1641)

Amendment Allowing Reconsideration – Pub. L. No. 85-604; (22 U.S.C. 1641c)

Second Program – Pub. L. No 90-421; (22 U.S.C. 1641c)

PERTINENT INTERNATIONAL AGREEMENTS

Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United States of America, France, Australia, etc. Treaty of Peace with Italy. Signed at Paris, February 10, 1947.

Memorandum of Understanding (Lombardo Agreement).  Signed at Washington, August 14, 1947.

COMMISSION DECISIONS

Lead Decisions

Decisions and Annotations Regarding Claims Against Italy

Updated July 25, 2014

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