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SUBCHAPTER E-RECEIPT, ADMINISTRATION AND PAYMENT OF CLAIMS UNDER PUBLIC LAW 87-587 (CLAIMS FOR DAMAGES TO PROPERTY DUE TO THE RAISING OF THE WATER LEVEL OF LAKE ONTARIO CAUSED BY GUT DAM)

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§ 560.2 Form content and filing of claims. (a) Claims shall be filed on the official forms provided by the Commission upon request in writing addressed to the Commission at its principal office at Washington, D.C., and shall include to the extent available at the time, all of the information called for in the claim form (FCSC Form No. 587), and shall be completed and signed in accordance with the instructions accompanying the form.

(b) Notice to the Foreign Claims Settlement Commission, the Department of State, or any other governmental office or agency, prior to the enactment of the statute authorizing this claims program, or of an intention to file a claim for damages caused by the operation and maintenance of Gut Dam, shall not be considered as a timely filing of a claim under Pub. L. 87-587.

(c) Any initial written indication of an intention to file a claim received by

the Commission within 30 days prior to the expiration of the filing period therefor shall be considered as a timely filing of a claim if formalized (submission of a properly executed claim form) within 30 days after the expiration of the filing period.

§ 560.3 Exhibits and documents in support of claim.

(a) If available, all exhibits and documents shall be filed with and at the same time as the claim, and shall, wherever possible, be in the form of original documents, or copies of originals certified as such by their public or other official custodian.

(b) All claims, briefs, and memoranda filed shall be typewritten or printed and if typewritten, shall be on legal size paper.

§ 560.4 Acknowledgment and numbering.

The Commission will acknowledge the receipt of a claim in writing and will notify the claimant of the claim number assigned to it, which number shall be used on all further correspondence and papers filed with regard to the claim.

§ 560.5 Procedure for determination of claims.

The procedures set forth under § 531.5, Subchapter C of this chapter, shall be applicable to claims under Pub. L. 87-587 except as follows:

§ 531.5(g) Upon the expiration of 20 days after such service or receipt of notice, if no objection under this section has in the meantime been filed, such proposed decision shall, without further order or decision of the Commission, become the Commission's final determination and decision on the claim.

§ 531.5(j)(1) In case a claimant dies prior to the issuance of a Final Decision his legal representative shall promptly file proof of his capacity. Thereupon the legal repre

sentative shall be substituted as party claimant.

§ 531.5(1) After a final decision has been issued on a claim, or a proposed decision has become the final decision on a claim, a petition to reopen on the ground of newly discovered evidence may be filed; Provided, That no such petition will be acted upon if it appears that consideration thereof will unduly delay the Commission's report to the President as required under Pub. L. 87587.

§ 531.5(m) As soon as practicable after the issuance of all Final Decisions, the Commission will submit to the President of the United States a report and a list of claims determined to be valid, and the amount of each such claim and a list of claims determined to be invalid, for such action by the President as he may deem appropriate.

§ 560.6 Hearings.

Hearings procedures as provided for under § 531.6, Subchapter C of this

chapter, shall be applicable to claims under Pub. L. 87-587.

§ 560.7 Discontinuance of investigations and determinations of claims under Subchapter E.

The Commission shall discontinue its investigation and determination of claims under this subchapter if the Government of Canada enters into an agreement with the Government of the United States providing for arbitration or adjudication of the claims filed under Pub. L. 87-587. In such case, the Commission will transfer or otherwise make available to the Secretary of State all records and documents relating to these claims or, on the request of the Secretary of State, return to claimants documents filed in support of their claims.

SUBCHAPTER F-RECEIPT, ADMINISTRATION AND PAYMENT OF CLAIMS UNDER TITLE II OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY PUBLIC LAW 87-846 AND PROTESTS UNDER PUBLIC LAW 94-542

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§ 580.1 Time for filing.

Claims under Title II of the War Claims Act of 1948, as amended by Pub. L. 87-846, shall be filed with the Commission on or before January 15, 1965.

[29 FR 9539, July 14, 1964]

§ 580.2 Form, content and filing of claims. (a) Claims shall be filed on official forms provided by the Commission upon request in writing addressed to the Commission at its principal office at Washington, D.C., and shall include, to the extent available at the time, all of the information called for in the claim form (FCSC Form 846), and shall be completed and signed in accordance with the instructions accompanying the form.

(b) Notice to the Foreign Claims Settlement Commission, the Department of State, or any other governmental office or agency, prior to the enactment of the statute authorizing this claims program of an intention to file a claim for World War II losses, shall not be considered as a timely filing of a claim under Pub. L. 87-846.

(c) Any initial written indication of an intention to file a claim received by the Commission within 30 days prior to the expiration of the filing period therefor shall be considered as a timely filing of a claim if formalized (submission of a properly executed claim form) within 30 days after the expiration of the filing period.

§ 580.3 Exhibits and documents in support of claim.

(a) If available, all exhibits and documents shall be filed with and at the same time as the claim and shall, wherever possible, be in the form of original documents, or copies of original documents certified as such by their public or other official custodian.

(b) Documents in foreign language. Each copy of a document, exhibit or paper filed, which is written in a language other than English, shall be accompanied by an English translation thereof duly verified under oath by its translator to be a true and accurate translation thereof, together with the name and address of the translator.

(c) Preparation of papers. All claims, briefs and memoranda filed shall be typewritten or printed and, if typewritten, shall be on legal size paper.

§ 580.4 Acknowledgment and numbering.

The Commission will acknowledge the receipt of a claim and will notify the claimant of the claim number assigned to it, which number shall be used on all further correspondence and papers filed with regard to the claim.

§ 580.5 Small business concerns.

Any corporation or commercial entity for the purpose of receiving priority payment from the Secretary of the Treasury under section 213(a) of the War Claims Act of 1948, as amend

ed, must so indicate on the official claim form (FCSC Form 846). In due course, the Foreign Claims Settlement Commission will request the director, Office of Small Business Size Standards, to determine the size status of such claimant pursuant to such rules and regulations as may be promulgated by that office, provided that the claimant qualifies under section 202(a) of the War Claims Act of 1948, as amended.

§ 580.6 Claims by corporation in excess of $10,000.

A statement under oath is required from corporations filing claims in excess of $10,000, disclosing the aggregate amount of Federal tax benefits derived by such corporation in any prior tax year or years resulting from any deduction or deductions claimed for the loss or losses with respect to which such claim is filed. Pursuant to the Act, such Federal tax benefits shall be the aggregate of the amounts by which the claimants' taxes for such year or years under chapters 1, 2A, 2B, 2D, and 2E of the Internal Revenue Code of 1939 (53 Stat. 4), or subtitle A of the Internal Revenue Code of 1954 (68A Stat. 4, 26 U.S.C. 1 et seq.) were decreased by reason of such loss or losses.

§ 580.7 Procedure for determination of claims.

The procedures set forth under § 531.5, Subchapter C of this chapter, shall be applicable to claims filed pursuant to Title II of the War Claims Act of 1948, as amended by Pub. L. 87846.

[30 FR 13870, Nov. 2, 1965]

§ 580.8 Hearings.

Hearings procedures as provided for under § 531.6, Subchapter C of this chapter, shall be applicable to claims under this subchapter.

PART 581-FILING OF PROTESTS AND PROCEDURES THEREFOR

Sec.

581.1 Time for filing.

581.2 Information required for filing protests. 581.3 Hearings.

AUTHORITY: Pub. L. 94-542.

SOURCE: 41 FR 49094, Nov. 8, 1976, unless otherwise noted.

§ 581.1 Time for filing.

Protests of United States nationals relating to awards made by the Commission during the 10 calendar days immediately preceding the May 17, 1967, expiration date of the Commission's authority to grant awards for war damage losses which occurred during World War II under the provisions of Pub. L. 87-846, approved October 22, 1962, which amended the War Claims Act of 1948, as amended, authorized by section 615 of Pub. L. 94542, approved October 18, 1976, shall be filed with the Commission on or before February 7, 1977.

§ 581.2 Information required for filing protests.

(a) No official form is required for filing a protest. Protests shall be filed, in writing, signed by the claimant or his legal representative. The protest shall include: (1) The name of the claimant as set forth in the Commission's decision issued on the claim under Pub. L. 87-846; (2) the claim number previously assigned by the Commission; (3) the grounds for the protest, amount of increase in the award requested, together with all documentation and legal argument which the claimant wishes the Commission to consider in determining the merits of the protest; (4) a specific request for a hearing, if desired.

(b) Notice to the Foreign Claims Settlement Commission, the Department of State, or any other governmental office or agency, prior to the enactment of the statute authorizing the protests referred to herein shall not be considered as a timely filing of a protest under Pub. L. 94-542.

§ 581.3 Hearings.

(a) Upon specific written request, made at the time of filing the protest, the Commission may grant the claimant a hearing for the presentation of oral testimony and argumentation in support of the protest.

(b) Hearings shall be held upon not less than seven days notice.

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