Evidence of ownership
Conclusiveness of certified claims
22 U.S.C. 1643In 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 ( and following).
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.
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.
Omitted
Rule of construction
Pub. L. 104–114, title III, § 303110 Stat. 819 (, , .)
Editorial Notes
References in Text
act Mar. 10, 1950, ch. 54 64 Stat. 12 section 1621 of this titleThe International Claims Settlement Act of 1949, referred to in subsecs. (a)(1), (2) and (c)(2), is , . Title V of the Act is classified generally to subchapter V (§ 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 and Tables.
Pub. L. 104–114110 Stat. 785 section 6021 of this titleThis chapter, referred to in subsec. (c), was in the original “this Act”, meaning , , , known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
section 303 of Pub. L. 104–114section 303 of Pub. L. 104–114lSection is comprised of . Subsec. (b) of enacted section 1643 of this title.