Current Programs

 

Commission Meetings and Hearings

THE COMMISSION’S NEXT PUBLIC MEETING TO BE HELD SEPTEMBER 14, 2017.

The Commission will hold its next open meeting on September 14, 2017, at 10:00 am.  During this meeting the Commission expects to consider the following claims:

IRQ-II-212, IRQ-II-213, IRQ-II-314, IRQ-II-381, IRQ-II-387, IRQ-II-074, IRQ-II-170, IRQ-II-118, IRQ-II-147, IRQ-II-149, IRQ-II-150, IRQ-II-151, IRQ-II-289, IRQ-II-290, IRQ-II-291, IRQ-II-292, and IRQ-II-300.

This meeting will be held at the Foreign Claims Settlement Commission, 600 E Street, NW, Washington, DC. Requests for information, or advance notices of intention to observe an open meeting, may be directed to: Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street, NW, Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975.

Guam Claims Program

The Commission's Guam World War II Loyalty Recognition Act Claims Program has officially begun.  The claim forms and instructions to file a claim are available below.  ALL CLAIMS MUST BE FILED BY JUNE 20, 2018.  If you have further questions or require additional information you may contact the Commission by email at info.fcsc@usdoj.gov or by phone at 202-616-6975.

Program Details:

On December 23, 2016, President Obama signed into law the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328, which authorizes the Commission to conduct a supplemental war claims compensation program for victims and survivors of the attack and occupation of Guam by Imperial Japanese military forces during World War II and the liberation of Guam by United States military forces. The Act, the relevant portions of which are provided below, covers claims for death, rape, personal injury, severe personal injury, forced labor, forced march, internment, and hiding to evade internment.

Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328 (December 23, 2016)

SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

(a) PAYMENTS FOR DEATH, PERSONAL INJURY, FORCED LABOR, FORCED MARCH, AND INTERNMENT.—After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under section 1705(b)(8), the Secretary of the Treasury shall make payments, subject to the availably of appropriations, to compensable Guam victims and survivors of a compensable Guam decedents as follows:

(1) COMPENSABLE GUAM VICTIM.—Before making any payments under paragraph (2), the Secretary shall make payments to compensable Guam victims as follows:

(A) In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000.

(B) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in subsection (c)(2)(B), $12,000.

(C) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000.

(2) SURVIVORS OF COMPENSABLE GUAM DECEDENTS.—In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors (parent, spouse, child) of the decedent living as of the date of the enactment of this Act (December 23, 2016), in accordance with subsection (b). The Secretary shall make payments under this paragraph only after all payments are made under paragraph (1).

[ . . . ]

(c) DEFINITIONS.—For purposes of this title:

(1) COMPENSABLE GUAM DECEDENT.—The term ‘‘compensable Guam decedent’’ means an individual determined under section 1705 to have been a resident of Guam who died as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79–224) if a timely claim had been filed under the terms of such Act.

(2) COMPENSABLE GUAM VICTIM.—The term ‘‘compensable Guam victim’’ means an individual who is not deceased as of the date of the enactment of this Act (December 23, 2016) and who is determined under section 1705 to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following:

(A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).

(B) Forced labor or a personal injury not under subparagraph (such as disfigurement, scarring, or burns).

(C) Forced march, internment, or hiding to evade internment.

Regulations:  The Commission has published regulations detailing the procedures for the Commission's adjudication of claims under this program.  You may access those regulations at 45 C.F.R. § 510.

Important Documents:

Iraq Claims Program

Claims Under the October 7, 2014 Referral

Under 22 U.S.C. § 1623(a)(1)(C), the Commission has authority to adjudicate claims of U.S. nationals against a foreign government that are included in a category of claims referred to it by the Secretary of State.  On October 7, 2014, the Legal Adviser of the U.S. Department of State referred to the Commission for adjudication three categories of claims within the scope of the Claims Settlement Agreement Between the Government of the United States of America and the Government of the Republic of Iraq(“CSA”), signed on September 2, 2010.  The categories referred are as follows:

Category A: This category shall consist of claims by U.S. nationals for hostage-taking by Iraq in violation of international law prior to October 7, 2004, provided that the claimant was not a plaintiff in pending litigation against Iraq for hostage taking at the time of the entry into force of the Claims Settlement Agreement and has not received compensation under the Claims Settlement Agreement from the U.S. Department of State.

Category B: This category shall consist of claims of U.S. nationals for death while being held hostage by Iraq in violation of international law prior to October 7, 2004.

Category C: This category shall consist of claims of U.S. nationals for any personal injury resulting from physical harm to the claimant caused by Iraq in violation of international law prior to October 7, 2004, provided that the claimant: 1) had pending litigation against Iraq arising out of acts other than hostage taking; 2) has not already been compensated pursuant to the Claims Settlement Agreement; and 3) does not have a valid claim under and has not received compensation pursuant to Category B of this referral.

On October 23, 2014, the Commission published notice in the Federal Register announcing the commencement of adjudication of claims under this program.  Notice of Commencement of Claims Adjudication Program, 79 Fed. Reg. 63,439(October 23, 2014).  The Commission has set a deadline of October 23, 2015 for the filing of claims.  Anyone with a claim falling within the above described categories may submit a Statement of Claim along with any documents or other evidence which supports his or her claim.

Important Documents:

ADJUDICATION STATUS

The status of the Commission's adjudication under this Referral, as of August 23, 2017, is detailed below.  For more detailed information, please refer to the program index.

  Referral
Category A
Referral
Category B
Referral
Category C
Claims Received 329 0 1
Decisions Issued 168 0 1
Total Value of Awards $53,020,000*   $0

* Some decisions are subject to objection and, therefore, these values are subject to change

Claims Under the November 14, 2012 Referral

On November 14, 2012, the Legal Adviser of the U.S. Department of State referred to the Commission for adjudication a separate category of claims within the scope of the CSA.  This category consisted of claims of U.S. nationals for compensation for serious personal injuries knowingly inflicted upon them by Iraq in addition to amounts already recovered under the CSA for claims of hostage-taking, provided that

  1. The claimant had already received compensation under the CSA from the Department of State for his or her claim of hostage-taking, and such compensation did not include economic loss based on a judgment against Iraq, and
  2. The Commission determined that the severity of the serious personal injury suffered is a special circumstance warranting additional compensation.

Under the referral, “serious personal injury” may include instances of serious physical, mental, or emotional injury arising from sexual assault, coercive interrogation, mock execution, or aggravated physical assault.

The Commission received 28 claims for adjudication under this Referral and has issued Final Decisions in all of those claims.  In total, the Commission has awarded $14,500,000 under this Referral.  All of the Commission's decisions are now posted on the Final Opinions and Orders page of this website.

Pursuant to the authority conferred upon the Secretary of State and the Commission under subsection 4(a)(1)(C) of Title I of the International Claims Settlement Act of 1949 (Pub. L. 455, 81st Cong., approved March 10, 1950, as amended by Public Law 105-277, approved October 21, 1998 (22 U.S.C. § 1623(a)(1)(C))), the Foreign Claims Settlement Commission hereby gives notice that on February 2, 2016, the Commission will complete the claims adjudication program under this Referral.  Any Claimant wishing to submit a petition to reopen a claim filed in the Iraq I program must do so not later than December 4, 2015 (60 days before the completion date).  45 C.F.R. § 509.5(l).

If you have additional questions, please feel free to contact the Commission at (202) 616-6975 or via email at info.FCSC@usdoj.gov.

Albania Claims Program

Pursuant to the U.S.-Albanian Claims Settlement Agreement of March 1995, the FCSC retains authority to adjudicate claims of U.S. nationals for expropriation, confiscation and other loss of property suffered at the hands of the Communist regime which seized power in Albania at the end of the Second World War. A fund of $2 million was provided by Albania under the 1995 agreement from which to pay the Commission's awards, and over $1 million remains available in this fund. Accordingly, anyone with a potential uncompensated property claim against the Albanian government is encouraged to submit his or her claim without delay.

Important Documents

Libya Claims Program

Claims under the Department of State Letter of Referral dated November 27, 2013

Pursuant to 22 U.S.C. § 1623(a)(1)(C), the Commission has authority to adjudicate claims of U.S. nationals against a foreign government that are included in a category of claims referred to it by the Secretary of State. By letter dated November 27, 2013, the Department of State referred to the Commission certain categories of claims against Libya within the scope of the Claims Settlement Agreement between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya of August 14, 2008, as implemented pursuant to the Libyan Claims Resolution Act, Pub. L. 110-301 and Executive Order 13477 dated October 31, 2008. This referral includes six additional categories of claims for adjudication and certification by the Commission, including claims for physical injury, hostage-taking, mental pain and anguish, and commercial injuries arising from certain terrorist incidents that occurred prior to June 30, 2006.  On December 13, 2013, the Commission published notice in the Federal Register announcing the commencement of adjudication of claims under this program.  Notice of Commencement of Claims Adjudication Program, 78 Fed. Reg. 75,944 (December 13, 2013).  The Commission set a deadline of June 13, 2014 for the filing of claims. 

ADJUDICATION STATUS

The status of the Commission's adjudication under this Referral, as of June 14, 2017, is summarized below.  For more detailed information, please refer to the program index

  Referral
Category A
Referral
Category B
Referral
Category C
Referral
Category D
Referral
Category E
Referral
Category F
Claims Received 1 5 9 18 12 52
Proposed Decisions Issued 1 5 9 18 12 52
Final Decisions Issued 1 5 9 18 12 2
Total Value of Awards $3 million $1 million $9 million $22.5 million* $2.2 million $0*

* Some decisions are subject to objection and, therefore, these values are subject to change

 

 

Updated September 20, 2017