Current Programs

 

Commission Meetings and Hearings

THE COMMISSION’S NEXT PUBLIC MEETING TO BE HELD JUNE 25, 2020

The Commission will hold its next open meeting on June 25, 2020, at 10:00 am.  During this meeting the Commission expects to consider the following claims:

Issuance of Proposed Decisions in 118 claims under the Commission’s Guam World War II Loyalty Recognition Program:

GUAM-0004, GUAM-0052, GUAM-0124, GUAM-0230, GUAM-0436, GUAM-0472, GUAM-0514, GUAM-0580, GUAM-0586, GUAM-0627, GUAM-0705, GUAM-0773, GUAM-0777, GUAM-0831, GUAM-0940, GUAM-0968, GUAM-1025, GUAM-1054, GUAM-1100, GUAM-1233, GUAM-1237, GUAM-1244, GUAM-1357, GUAM-1535, GUAM-1579, GUAM-1621, GUAM-1673, GUAM-1743, GUAM-1744, GUAM-1893, GUAM-2006, GUAM-2028, GUAM-2030, GUAM-2059, GUAM-2067, GUAM-2162, GUAM-2174, GUAM-2188, GUAM-2189, GUAM-2196, GUAM-2285, GUAM-2309, GUAM-2322, GUAM-2337, GUAM-2391, GUAM-2465, GUAM-2472, GUAM-2507, GUAM-2541, GUAM-2595, GUAM-2620, GUAM-2665, GUAM-2719, GUAM-2811, GUAM-2851, GUAM-2866, GUAM-2880, GUAM-2894, GUAM-2944, GUAM-2958, GUAM-2963, GUAM-2981, GUAM-3007, GUAM-3038, GUAM-3067, GUAM-3098, GUAM-3110, GUAM-3165, GUAM-3166, GUAM-3202, GUAM-3215, GUAM-3219, GUAM-3298, GUAM-3317, GUAM-3338, GUAM-3372, GUAM-3421, GUAM-3464, GUAM-3499, GUAM-3500, GUAM-3502, GUAM-3503, GUAM-3504, GUAM-3505, GUAM-3506, GUAM-3507, GUAM-3508, GUAM-3509, GUAM-3510, GUAM-3512, GUAM-3513, GUAM-3515, GUAM-3516, GUAM-3518, GUAM-3519, GUAM-3520, GUAM-3523, GUAM-3524, GUAM-3525, GUAM-3526, GUAM-3543, GUAM-3544, GUAM-3546, GUAM-3547, GUAM-3550, GUAM-3552, GUAM-3553, GUAM-3556, GUAM-3559, GUAM-3561, GUAM-3565, GUAM-3584, GUAM-3594, GUAM-3607, GUAM-3610, GUAM-3611, GUAM-3639, and GUAM-3670.

Requests for information, or advance notices of intention to observe an open meeting, may be directed to: Patricia M. Hall, via email at info.fcsc@usdoj.gov.

Guam Claims Program

STATUS OF ALL GUAM CLAIMS IS NOW AVAILABLE HERE ON OUR WEBSITEIf you want to check the status of your claim please click HERE.  This is the most up to date information available.  Please review the below information which will help you to understand the information provided in the table.  Please note that the Commission is committed to the timely administration of the Guam Claims Program, and is very cognizant of the burdens that delays may impose on claimants in the program.  However, the Commission must review and determine the validity of each of the claims it has received before it approves eligible claims for payment. Some claims are relatively straightforward and less time-intensive, whereas others may present complex issues that require extensive factual development or legal analysis.

1.  If a Proposed Decision Date is not listed for your claim, that means that you claim has not yet been adjudicated by the Commission.  While the Commission’s staff has begun to review and develop the claims for presentation to the Commission, we have adjudicated about 60% of the claims.  During the claims development process, a member of the Commission's legal staff may contact a claimant if further information or evidence is needed.  While the Commission cannot say at this time exactly when any individual claim will be reviewed, please be assured that we will work as expeditiously as possible to review each of the claims.

2.  If a Proposed Decision Date is listed for your claim, but there is not a Final Decision Date or Date Certified to Treasury.  This means that the Commission has issued a preliminary determination on your claim which you should have received by mail.  Once a claim has been reviewed and it is determined that it is ready for presentation to the Commission, that claim will be scheduled for presentation during one of the Commission’s open meetings.  During such meeting, the claim will be presented to the Commissioners by a member of the Commission’s legal staff.  The Commissioners will make a determination on each of the scheduled claims.  A written decision detailing the Commission’s determinations in each claim considered will be mailed to each Claimant following the meeting.  Upon receipt, Claimants will have 15 days to object to a Commission decision.  If no objection is filed then after 30 days, the Commission’s decision becomes final and it will then be certified to the Treasury Department for payment.

3.  If a Final Decision Date and Date Certified to Treasury is listed for your claim, that means that the Commission has completed its work and it is now up to the Department of Treasury to pay the claim.  Once payment is ready to be made the Department of Treasury will contact Claimants regarding the payment.  The Commission is not involved in the payment of claims.  If you have questions relating to the Government of Guam's payment of these claims, then please refer to their website at warclaims.guam.gov.

If you need further guidance or require that a Commission decision be sent to you, then you may contact the Commission by email at info.fcsc@usdoj.gov

 

Program Background

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.

 

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.

ADJUDICATION STATUS

Below please find the final claim statistics of the Commission's adjudication under this Referral.  For more detailed information, please refer to the program index.

  Referral
Category A
Referral
Category B
Referral
Category C
Claims Received 336 1 2
Decisions Issued 336 1 2
Total Value of Awards $118,140,000 $3,285,000 $0

 

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

Updated June 23, 2020

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