22 U.S.C. § 1641d — Claims of nationals of the United States against the Soviet Union
submitted 76 years ago by ch. 54 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 318 words · no verdicts yet
The Commission must decide certain pre-November 16, 1933 claims against Russian or Soviet parties. Court judgments control issues they decided, and lien-related claims receive priority.
(a) Pre-November 16, 1933 claims. Under applicable substantive law, including international law, the Commission must decide: (1) claims against a Russian national that originally belonged to a United States national, when before November 16, 1933 a United States court or State court entered judgment or issued attachment and the claimant obtained a lien on United States property later taken, collected, recovered, or liquidated under the Litvinov Assignment. An award cannot exceed the proceeds of property subject to the lien; if those proceeds are less than all valid related claims, each award is limited to that claim’s proportion of the proceeds; and (2) claims arising before that date by United States nationals against the Soviet Government. (b) Court judgments. A United States or State court judgment binds the Commission on issues decided by that court when it decides a paragraph (1) claim. (c) Priority. The Commission must decide paragraph (1) claims before all other claims under this subchapter.
The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of—
claims of nationals of the United States against a Russian national originally accruing in favor of a national of the United States with respect to which a judgment was entered in, or a warrant of attachment issued from, any court of the United States or of a State of the United States in favor of a national of the United States, with which judgment or warrant of attachment a lien was obtained by a national of the United States, prior to November 16, 1933, upon any property in the United States which has been taken, collected, recovered, or liquidated by the Government of the United States pursuant to the Litvinov Assignment. Awards under this paragraph shall not exceed the proceeds of such property as may have been subject to the lien of the judgment or attachment; nor, in the event that such proceeds are less than the aggregate amount of all valid claims so related to the same property, exceed an amount equal to the proportion which each such claim bears to the total amount of such proceeds; and
claims, arising prior to November 16, 1933, of nationals of the United States against the Soviet Government.
Any judgment entered in any court of the United States or of a State of the United States shall be binding upon the Commission in its determination, under paragraph (1) of subsection (a) of this section, of any issue which was determined by the court in which the judgment was entered.
The Commission shall give preference to the disposition of the claims referred to in paragraph (1) of subsection (a) of this section, over all other claims presented to it under this subchapter.
Source credit: (Mar. 10, 1950, ch. 54, title III, § 305, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 572.)
- 1950Enacted · Act of Mar. 10, 1950, ch. 54 · 69 Stat. 572
A history note hasn’t been published yet. The record shows enactment by ch. 54 on 1950-03-10.
all 0 arguments · sorted by: best
no arguments yet — make the first case