About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (November 29, 2019)

handle is hein.crs/govbbtu0001 and id is 1 raw text is: - M t .......... November 29, 2019 The Foreign Claims Settlement Commission of the United States The Foreign Claims Settlement Commission (FCSC or Commission) offers an avenue to provide compensation to Americans who suffered harm due to the acts of foreign governments. U.S. nationals (citizens, individuals who owe permanent allegiance to the United States, and U.S. corporations) that are injured by foreign governments often do not have a forum to pursue damages in U.S. or foreign courts. In many cases, recourse may not be available in foreign judicial systems, and sovereign immunity often bars suits against foreign governments in U.S. courts. The FCSC provides a forum for U.S. nationals to pursue claims against foreign governments in some cases, but its authority is limited to select programs. Each program involves defined categories of claims against one or more specific countries. As of 2017, the FCSC and its predecessor commissions have exercised jurisdiction over more than 740,000 claims in 47 programs. It has granted nearly $4 billion in awards to U.S. nationals. 1Backgrond and Origins The FCSC has its origins in two post-World War II claims commissions. In 1948, Congress created the War Claims Commission, which adjudicated claims by American prisoners of war and civilian internees that suffered maltreatment by enemy nations during World War II. Two years later, Congress created the International Claims Commission, which adjudicated claims against foreign countries that nationalized (i.e., assumed state ownership and control of) or took U.S. citizens' private property without compensation. Both commissions were in the executive branch. Federal law limited the International Claims Commission's jurisdiction to foreign countries that provided lump sum payments to the United States as a part of an international claims settlement agreement. In Presidential Reorganization Plan No. 1 of 1954, President Eisenhower combined the functions of the War Claims Commission and International Claims Commission into the newly created FCSC in the executive branch. In 1980, Congress passed legislation transferring the FCSC to the Department of Justice (DOJ) as a separate and independent agency within DOJ. Comp o30S i&tion The FCSC's statutory authority (22 U.S.C. § 1622c) calls for the Commission to be composed of a full-time Chairman and two part-time Commissioners appointed by the President with the advice and consent of the Senate. The Chairman and Commissioners may be removed only for malfeasance in office or neglect of duty. Currently, the FCSC consists of two Commissioners-one appointed by President Obama and one by President Trump. The FCSC currently does not have a Chairman. Legal A tNorty The FCSC's current authority to administer claims settlement programs arises from three sources. First, the FCSC retained the International Claims Commission's authority to adjudicate claims for nationalizing or taking private property against countries that have a claims settlement agreement with the United States. Second, Congress has passed legislation that specifically authorizes certain FCSC programs. Such program-specific legislation defines the country against whom claims can be brought and the scope of available claims. For example, Congress authorized the FCSC to hear claims against the People's Republic of China (PRC) arising between 1949 and 1966 for either (1) uncompensated taking of private property or (2) the disability or death of U.S. nationals resulting from the PRC's actions. Congress has passed program-specific legislation authorizing certain claims against Czechoslovakia, East Germany, Iran, the Soviet Union, and Vietnam, among others. Third, the FCSC may establish programs based on referrals of categories of claims from the Secretary of State. Most of the FCSC's programs opened in the last two decades began with referrals from the Department of State. For example, the FCSC opened three programs involving claims against Libya based on Department of State referrals. The Libya programs allowed certain claims for personal and commercial injuries arising from terrorist incidents prior to 2006. In 2005, the Secretary of State referred a program involving claims against Cuba for the uncompensated taking of U.S. nationals' property after 1967. (An earlier Cuban Claims Program for pre-1967 takings closed in 1972.) The Department of State referred two programs- one of which is still ongoing-concerning torture, extrajudicial killing, aircraft sabotage, hostage-taking, or material support for such acts by the Iraqi government. FCSC programs often are open for a defined period of years, after which the FCSC no longer accepts claims. Funding for FCSC Programs FCSC programs differ depending on whether there is a source of funds available to pay claimants. Some programs begin with a defined source of funds to pay U.S. nationals that receive awards. The FCSC opens other programs with the expectation that the United States will adjudicate the total amount owed in all claims and then pursue payment from the foreign country responsible for the harm. Funded Porm For funded programs, the United States often derives funding from its international claims settlement agreements. Under such agreements, the responsible foreign country .r~.tr~c.- '2fl'. g ,, 'gmm ppmmp mgnowgo 10N ILU

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most