Foreign Claims Settlement Commission
The Foreign Claims Settlement Commission of the United States (FCSC) is a quasi-judicial, independent agency within the
The commission is headed by Chairman Timothy J. Feighery. Messrs. Stephen C. King and Rafael E. Martinez serve as a part-time members of the commission. The commission also employs a small staff of professional and administrative personnel.[1]
The FCSC's regulations may be found at Part 500 of Title 45, Code of Federal Regulations.
History
The FCSC was established in 1954 (Reorganization Plan No. 1 (5 U.S.C. App.)), when it assumed the functions of two predecessor agencies: the
Albania Claims Program
Pursuant to the U.S.-
Holocaust Claims Program
The United States and Germany signed an agreement on September 19, 1995, providing for reparations for certain U.S.-citizen survivors of the
Cuban Claims Programs
The commission has administered two programs for adjudication of claims against the Government of
In its Second Cuban Claims Program, the commission received a total of five claims, and certified two of those claims as valid: the Claim of Starwood, Claim No. CU-2-001, Decision No. CU-2-001, in the total principal amount of $51,128,926.95 (plus 6 percent simple annual interest); and the Claim of Iraida R. Mendez, Claim No. CU-2-002, Decision No. CU-2-004, in the principal amount of $16,000.00 (plus 6 percent simple annual interest). These will be added to the claims already certified in the previous program. Although there are no funds currently available to make payment on any American claims, the purpose of the commission's certifications will be to serve as a basis for future negotiation of a claims settlement with the Government of Cuba.
Helms-Burton Act/Claims Against Cuba
The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, Public Law 104–114, known as the "
In cases where plaintiffs were not eligible to file claims in the commission's Cuban Claims Program, the Helms-Burton Act authorized the United States District Courts, beginning in March 1998, to receive those claims and to appoint the commission as Special Master to make determinations concerning ownership and valuation of the property at issue in the claims. Since the statute's enactment, however, Presidents Clinton, Bush and Obama have continually waived the implementation of the right to file Title III actions, citing the need to seek agreement with U.S. trading partners on policy toward Cuba; it remains suspended as of 2014[update].
Vietnam War Claims
The Commission continues to have authority under the War Claims Act of 1948, as amended, to receive, determine, and provide for the payment of any further claims that may be filed for maltreatment of U.S. servicemen and civilians held as prisoners of war or interned by a hostile force in Southeast Asia during the Vietnam War. In addition, the commission is frequently called upon to provide advice and assistance to the Department of State and Congressional offices on policy issues involving international claims and proposals for legislation to resolve classes of still-outstanding U.S. citizens' claims.
Guam War Claims Review Commission
Because of the institutional knowledge and expertise of the FCSC staff, the Department of the Interior asked for the FCSC's assistance with the
The Review Commission, composed of five individuals, designated the FCSC's Chairman as its chairman, and the FCSC staff members conducted investigative research in support of the Review Commission's work. However, it is important to emphasize that this work was totally independent, and that it was carried out solely for the edification of and at the direction of the members of the Review Commission and was in no way identified with or sponsored by either the FCSC or the Department of Justice.
The Review Commission held hearings on Guam in December 2003 to take testimony of survivors of the Japanese occupation concerning their wartime and post-war experiences, and in February 2004 it held a conference in
Funding under Federal Budget 2018
An unprecedented 270 million dollars was allocated in the 2018 budget for witness protection for the FCSC.[citation needed]
References
- ^ "FCSC: Commissioners Biographies". www.usdoj.gov. Archived from the original on 2008-08-21.