§ 6083. — Proof of ownership of claims to confiscated property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6083]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69A--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
SUBCHAPTER III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
Sec. 6083. Proof of ownership of claims to confiscated property
(a) Evidence of ownership
(1) Conclusiveness of certified claims
In any action brought under this subchapter, the court shall
accept as conclusive proof of ownership of an interest in property a
certification of a claim to ownership of that interest that has been
made by the Foreign Claims Settlement Commission under title V of
the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and
following).
(2) Claims not certified
If in an action under this subchapter a claim has not been so
certified by the Foreign Claims Settlement Commission, the court may
appoint a special master, including the Foreign Claims Settlement
Commission, to make determinations regarding the amount and
ownership of the claim. Such determinations are only for evidentiary
purposes in civil actions brought under this subchapter and do not
constitute certifications under title V of the International Claims
Settlement Act of 1949.
(3) Effect of determinations of foreign or international
entities
In determining the amount or ownership of a claim in an action
under this subchapter, the court shall not accept as conclusive
evidence any findings, orders, judgments, or decrees from
administrative agencies or courts of foreign countries or
international organizations that declare the value of or invalidate
the claim, unless the declaration of value or invalidation was found
pursuant to binding international arbitration to which the United
States or the claimant submitted the claim.
(b) Omitted
(c) Rule of construction
Nothing in this chapter or in section 514 of the International
Claims Settlement Act of 1949 [22 U.S.C. 1643l], as added by subsection
(b) of this section, shall be construed--
(1) to require or otherwise authorize the claims of Cuban
nationals who became United States citizens after their property was
confiscated to be included in the claims certified to the Secretary
of State by the Foreign Claims Settlement Commission for purposes of
future negotiation and espousal of claims with a friendly government
in Cuba when diplomatic relations are restored; or
(2) as superseding, amending, or otherwise altering
certifications that have been made under title V of the
International Claims Settlement Act of 1949 [22 U.S.C. 1643 et seq.]
before March 12, 1996.
(Pub. L. 104-114, title III, Sec. 303, Mar. 12, 1996, 110 Stat. 819.)
References in Text
The International Claims Settlement Act of 1949, referred to in
subsecs. (a)(1), (2) and (c)(2), is act Mar. 10, 1950, ch. 54, 64 Stat.
12, as amended. Title V of the Act is classified generally to subchapter
V (Sec. 1643 et seq.) of chapter 21 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1621 of this title and Tables.
This chapter, referred to in subsec. (c), was in the original ``this
Act'', meaning Pub. L. 104-114, Mar. 12, 1996, 110 Stat. 785, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 6021 of
this title and Tables.
Codification
Section is comprised of section 303 of Pub. L. 104-114. Subsec. (b)
of section 303 of Pub. L. 104-114 enacted section 1643l of this title.
Section Referred to in Other Sections
This section is referred to in section 6082 of this title.
