U.S. Code » Title 22 » Chapter CHAPTER 21— SETTLEMENT OF INTERNATIONAL CLAIMS › Subchapter SUBCHAPTER V— CLAIMS AGAINST CUBA AND CHINA

22 U.S.C. § 1643c

Ownership of claims by nationals

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(a) Requirements for consideration of claims for property loss

A claim shall not be considered under section 1643b(a) of this title unless the property on which the claim was based was owned wholly or partially, directly or indirectly by a national of the United States on the date of the loss and if considered shall be considered only to the extent the claim has been held by one or more nationals of the United States continuously thereafter until the date of filing with the Commission.

(b) Requirements for consideration of claims for disability or death

A claim for disability under section 1643b(b) of this title may be considered if it is filed by the disabled person or by his successors in interest; and a claim for death under section 1643b(b) of this title may be considered if filed by the personal representative of decedent’s estate or by a person or persons for pecuniary losses and damage sustained on account of such death. A claim shall not be considered under this section unless the disabled or deceased person was a national of the United States at the time of injury or death and if considered, shall be considered only to the extent the claim has been held by a national or nationals of the United States continuously until the date of filing with the Commission.

(Mar. 10, 1950, ch. 54, title V, § 504, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1111.)
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2023 · leading case: Garcia-Bengochea v. Carnival Corp. (S.D. Fla. 2019).
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Garcia-Bengochea v. Carnival Corp. (S.D. Fla. 2019). “” 22 U.S.C. § 1643c(a) (emphasis added). This added context further indicates that a “claim” under Peer ° not be based on direct property ownership as Carnival contends, but instead embraces oe ownership as well.”
De Fernandez v. CMA CGM S.A. (S.D. Fla. 2023). “” 22 U.S.C. § 1643c(a). The fact shareholders may bring ICSA claims strongly supports they may also bring Helms-Burton Act claims.”
— 22 U.S.C. § 1643c(a) — 2 cases
Garcia-Bengochea v. Carnival Corp. (S.D. Fla. 2019). “” 22 U.S.C. § 1643c(a) (emphasis added). This added context further indicates that a “claim” under Peer ° not be based on direct property ownership as Carnival contends, but instead embraces oe ownership as well.”
De Fernandez v. CMA CGM S.A. (S.D. Fla. 2023). “” 22 U.S.C. § 1643c(a). The fact shareholders may bring ICSA claims strongly supports they may also bring Helms-Burton Act claims.”
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