Page images
PDF
EPUB

SUBCHAPTER C-RECEIPT, ADMINISTRATION, AND PAYMENT

OF CLAIMS UNDER THE INTERNATIONAL CLAIMS SETTLE-
MENT ACT OF 1949, AS AMENDED

at the Sec.

11 bes

prepar

e of the OD TE

issues TER,

such

raphic

dice PART 531-FILING OF CLAIMS AND if formalized within 30 days after the PROCEDURES THEREFOR

expiration of the filing period.
8 531.3 Exhibits and documents in support

of claim. 531.1 Time for filing, 531.2 Form, content and filing of claims. (a) If available, all exhibits and doc531.3 Exhibits and documents in support

uments shall be filed with and at the days: of claim.

same time as the claim, and shall, & stem 531.4 Acknowledgement and numbering. order 531.5 Procedure for determination

wherever possible, be in the form of

of Ost old claims.

original documents, or copies or origi

nals certified as such by their public 531.6 Hearings. ion 531.7 Presettlement conference.

or other official custodian. AUTHORITY: Sec. 3, Pub. L. 81-455, 64 Stat.

(b) Documents in a foreign language. 12, as amended (22 U.S.C. 1622).

Each copy of a document, exhibit or SOURCE: 52 FR 17572, May 11, 1987, unless

paper filed, which is written or printed otherwise noted.

in a language other than English,

shall be accompanied by an English 8 531.1 Time for filing.

translation thereof duly verified under

oath by its translator to be a true and Claims shall be filed as specified by

accurate translation thereof, together cludix the Commission by duly promulgated

with the name and address of the Its are notice published in the FEDERAL REGIS

translator. or as specified in legislation

(c) Preparation of papers. All claims, ence! passed by Congress, as applicable.

briefs, and memoranda filed shall be shall 8 531.2 Form, content and filing of claims. typewritten or printed and, if type

written, shall be on legal size paper. (a) Unless otherwise specified by law, or by regulations published in the

8 531.4 Acknowledgement and numbering FEDERAL REGISTER, claims shall be filed on official forms provided by the Com

The Commission will acknowledge mission upon request in writing ad

the receipt of a claim in writing and dressed to the Commission at its office

will notify the claimant of the claim at 1111 20th Street, NW., Washington,

number assigned to it, which number DC 20579; shall include all of the in

shall be used on all further corre formation called for in the appropri

spondence and papers filed with ate form; and shall be completed and

regard to the claim. signed in accordance with the instruc

8 531.5 Procedure for determination 0tions accompanying the form.

claims. (b) Notice to the Foreign Claims Settlement Commission, the Department (a) The Commission may on its owi of State, or any other governmental

motion order a hearing upon an: office or agency, prior to the enact claim, specifying the questions to ment of the statute authorizing a which the hearing shall be limited. claims program or the effective date of (b) Without previous hearing, th a lump-sum claims settlement agree Commission or a designated membe

ment, of an intention to file a claim of the staff may issue a Proposed Dec Subcha against a foreign country, shall not be sion in determination of a claim.

considered as a timely filing of a claim (c) Such Proposed Decision shall b under the statute or agreement.

delivered to the claimant or the claim (c) Any initial written indication of ant's attorney of record in persons an intention to file a claim received by mail. Delivery by mail shall t within 30 days prior to the expiration deemed completed 5 days after th of the filing period thereof shall be mailing of such Proposed Decision ac considered as a timely filing of a claim dressed to the last known address

ission sucht , the EY, ONN

pect #

or red

ard the

ngs d

[ocr errors]

ayable

е сол court

regulatio ot inar

set /

de Com

able to

SUBCHAPTER B-RECEIPT, ADMINISTRATION, AND PAYMENT

OF CLAIMS UNDER TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY PUB. L. 91-289, APPROVED JUNE 24, 1970

PART 505-FILING OF CLAIMS AND

PROCEDURES THEREFOR

Sec. 505.1 Claim defined. 505.2 Time within which claims may be

filed. 505.3 Official claim forms. 505.4 Place of filing claims. 505.5 Documents to accompany forms. 505.6 Receipt of claims.

AUTHORITY: Sec. 2, Pub. L. 80-896, 62 Stat. 1240 as amended by Pub. L. 91-289, 84 Stat. 324 (50 U.S.C. App. 2001).

SOURCE: 52 FR 17569, May 11, 1987, unless otherwise noted.

8 505.1 Claim defined.

(a) A properly completed and executed application made on an official form provided by the Foreign Claims Settlement Commission for such purpose constitutes a claim and will be processed under the laws administered by the Commission.

(b) Any communication, letter, note, or memorandum from a claimant, or the claimant's duly authorized representative, or a person acting as next friend of a claimant who is not sui juris, setting forth sufficient facts to apprise the Commission of an interest to apply under the provisions of sections 5(i) and 6(f) of the Act, shall be deemed to be an informal claim. Where an informal claim is received and an official form is forwarded for completion and execution by the applicant, such official form shall be considered as evidence necessary to complete the initial claim, and unless such official form is received within thirty (30) days from the date it was transmitted for execution, if the claimant resides in the continental United States, or forty-five (45) days if outside the continental United States, the claim may be disallowed.

8 505.2 Time within which claims may be

filed. (a) Claims of individuals entitled to benefits under section 5(i) of the War Claims Act of 1948, as added by Pub. L. 91-289, will be accepted by the Com. mission during the period beginning June 24, 1970 and ending (1) June 24, 1973, inclusive; (2) 3 years from the date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or (3) 3 years from the date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civil. ian American citizen has actually died or may be presumed to be dead, in the case of any civilian American citizen who has not returned to the jurisdiction of the United States, whichever of the preceding dates last occurs.

(b) Claims of individuals entitled to benefits under section 6(f) of the War Claims Act of 1948, as added by Pub. L. 91-289, will be accepted by the Com. mission during the period beginning June 24, 1970 and ending (1) June 24, 1973, inclusive; (2) 3 years from the date the prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or (3) 3 years from the date the Department of Defense makes a determination that the prisoner of war has actually died or is presumed to be dead, in the case of any prisoner of war who has not returned to the jurisdiction of the Armed Forces of the United States, whichever of the preceding dates last occurs.

8 505.3 Official claim forms.

Official forms are provided for use in the preparation of claims for submission to the Commission for processing. Claim forms are available at the Washington offices of the Commission and through other offices as the Commission may designate. The official claim form for all claims under section

AUTHORITY: Sec, 2, Pub. L. 80-896, 62 Stat. 1240, as amended by Pub. L. 91-289, 84 Stat. 324 (50 U.S.C. App. 2001).

SOURCE: 52 FR 17569, May 11, 1987, unless otherwise noted.

5(1) and 6(f) has been designated, FCSC Form 289, “Application for Compensation for Members of the Armed Forces of the United States Held as Prisoner of War in Vietnam; for Persons Assigned to Duty on board the ‘U.S.S. Pueblo' Captured by Military Forces of North Korea; for Civilian American Citizens Captured or Who Went into Hiding to Avoid Capture or Internment in Southeast Asia During the Vietnam Conflict and, in Case of Death of any Such Person, for Their Survivors."

8 506.1 Persons eligible to file claims.

Persons eligible to file claims with the Commission under the provisions of sections 5(1) and 6(f) of the War Claims Act of 1948, as amended, are:

(a) Civilian American citizens captured and held in Southeast Asia or their eligible survivors, under the provisions of section 5(i) of the Act; and

(b) Members of the Armed Forces of the United States held as prisoners of war during the Vietnam conflict or their eligible survivors, under section 6(f) of the Act.

8 505.4 Place of filing claims.

Claims must be mailed or delivered in person to the Foreign Claims Settlement Commission, 1111 20th Street NW., Washington, DC 20579.

8 505.5 Documents to accompany forms.

All claims filed pursuant to sections 5(a) and 6(f) of the Act must be accompanied by evidentiary documents, instruments, and records as outlined in the instruction sheet attached to the claim form.

8 506.2 Persons under legal disability.

(a) Claims may be submitted on behalf of persons who, being otherwise eligible to make claims under the provisions of sections 5(i) and 6(f), are incompetent or otherwise under any legal disability, by the natural or legal guardian, committee, conservator, curator, or any other person, including the spouse of such claimant, whom the Commission determines is chargec with the care of the claimant.

(b) Upon the death of any individua. for whom an award has been made the Commission may consider the ini tial application filed by or in behalf o the decedent as a formal claim for the purpose of reissuing the award to the next eligible survivor in the order o preference as set forth under section 5(i) and 6(d)(4) of the Act.

whos

8 505.6 Receipt of claims.

(a) Claims deemed received. A claim shall be deemed to have been received by the Commission on the date postmarked, if mailed, or if delivery is made in person, on the date of delivery at the offices of the Commission in Washington, DC.

(b) Claims developed. In the event that claim has been so prepared as to preclude processing thereof, the Commission may request the claimant to furnish whatever supplemental evidence, including the completion and execution of an official claim form, as may be essential to the processing thereof. In case the evidence or official claim form requested is not returned within the time which may be designated by the Commission, the claim may be deemed to have been abandoned and may be disallowed.

is d from

the

Se of

retu E AI which

8 506.3 Definitions applicable under th

Act. Child” means:

(1) A natural or adopted son daughter of a deceased prisoner of wa or a deceased civilian prisoner of wa or a deceased American citizen inclus ing any posthumous son or daughte of such deceased person.

(2) Any son or daughter of such de ceased person born out of wedlock wi be deemed to be a child of such d ceased for the purpose of this Act, i (i) legitimated by a subsequent ma riage of the parents, (ü) recognized

[merged small][merged small][merged small][ocr errors][merged small][merged small]

listment of the deceased in the armed forces or entry into an overseas duty status; or (ii) prior to death of the child he has been declared by decree of a court of competent jurisdiction to be the father.

"Widow" means the surviving female spouse of a deceased prisoner of war or? a deceased civilian American citizen: who was married to the deceased at the time of his death by marriage : valid under the applicable law of the place where entered into.

PART 507—ELIGIBILITY REQUIREMENTS FOR COMPENSATION

Subpart A-Civilian American Citizens

507.1 "Civilian American citizen" defined. 507.2 Other definitions. 507.3 Rate of benefits payable. 507.4 Survivors entitled to award of deten.

tion benefits. 507.5 Persons not eligible to award of civil

ian detention benefits.

Subpart B-Prisoners of War

& child of the deceased by his or her admission, or (ill) so declared by an order or decree of any court of competent jurisdiction.

"Husband" means the surviving male spouse of a deceased prisoner of war or of a deceased civilian American citizen who was married to the deceased at the time of her death by a marriage valid under the applicable law of the place entered into.

“Natural guardian" means father and mother who shall be deemed to be the natural guardians of the person of their minor children. If either dies or is incapable of action, the natural guardianship of the person shall devolve upon the other. In the event of death or incapacity of both parents, then such blood relative, paternal or maternal, standing in loco parentis to the minor shall be deemed the natural guardian.

"Parent” means:

(1)(i) The natural or adoptive father or mother of a decreased prisoner of war, or any person standing in loco parentis to such deceased person, for a period of not less than 1 year immediately preceding the date of such person's entry into active service and during at least 1 year of such person's minority. Not more than one mother and/or father as defined shall be recognized in any case. A person will not be recognized as standing in loco parentis if the natural parents or adoptive parents are living, unless there is affirmative evidence of abandonment and renunciation of parental duties and obligations by the natural or adoptive parent or parents prior to entry into active service by the deceased prisoner or war;

(ii) An award in the full amount allowable had the deceased prisoner of war survived may be made to only one parent when it is shown that the other parent has died or if there is affirmative evidence of abandonment and renunciation of parental duties and obligations by the other parent.

(2) The father of an illegitimate child will not be recognized as such for purposes of the Act unless evidence establishes that (i) he has legitimated the child by subsequent marriage with the mother; (ii) recognized the child as his by written admission prior to en

507.10 Vietnam conflict. 507.11 “Prisoner of war" defined. 507.12 Membership in the Armed Forces of

the United States; establishment of. 507.13 “Armed Forces of the United

States" defined. 507.14 “Force hostile to the United States"

defined. 507.15 Geneva Convention of August 12,

1949. 507.16 Failure to meet the conditions and

requirements prescribed under the i

Geneva Convention of August 12, 1949. 507.17 Rate of and basis for award of com

pensation. 507.18 Entitlement of survivors to award in

case of death of prisoner of war. 507.19 Members of the Armed Forces of

the United States precluded from receiv

ing award of compensation. AUTHORITY: Sec. 2, Pub. L. 80-896, 62 Stat. 1240, as amended by Pub. L. 91-289, 84 Stat. 324 (50 U.S.C. App. 2001).

SOURCE: 52 FR 17570, May 11, 1987, unless otherwise noted.

ed in поге

ared

arda

Poreign Claims Settlement Commission, Justice

8 507.11 Subpart A-Civilian American went into hiding to avoid capture and degi Citizens

internment by a hostile force. Awards

shall take account of fractional parts jurist3 507.1 “Civilian American citizen” de of a calendar month.

fined. urvivin

8 507.4 Survivors entitled to award of de“Civilian American citizen" means

tention benefits. onert any person who, being then a citizen erica of the United States, was captured in In case of death of a civilian Ameriedeca Southeast Asia during the Vietnam can citizen who would have been enti

by conflict by any force hostile to the tled to detention benefits under the le lat United States, or who went into hiding War Claims Act of 1948, as amended,

in Southeast Asia in order to avoid such benefits shall be awarded, if capture or internment by any such claim is made, only to the following

hostile force. LITY

persons:

(a) Widow or husband if there is no PENS) 8 507.2 Other definitions.

child or children of the deceased; “Calendar month” means the period (b) Widow or dependent husband Cite of time between a designated day of and child or children of the deceased,

any given month and the date preced one-half to the widow or dependent ing a similarly designated day of the

husband and the other half to the following month.

child or children in equal shares; “Citizen of the United States" -rd oli

(c) The child or children of the demeans a person who under applicable

ceased in equal shares if there is no law acquired citizenship of the United

widow or dependent husband, if otherStates by birth, by naturalization, or

wise qualified. by derivation. Har “Dependent husband" means the

8 507.5 Persons not eligible to award of cisurviving male spouse of a deceased ci

vilian detention benefits.
vilian American citizen who was mar-
ried to the deceased at the time of her

An individual is disqualified as a “ciFor death by a marriage valid under the

vilian American citizen" under the nt of applicable law of the place where en

Act, and thus is precluded from receivtered into.

ing an award of detention benefits, if “Force hostile to the United States” such person: Su means any organization or force in (a) Voluntarily, knowingly, and with

Southeast Asia, or any agent or em out duress, gave aid to or collaborated
ployee thereof, engaged in any mill with or in any manner served any such
tary or civil activities designed to fur hostile force; or
ther the prosecution of its armed con (b) While detained, was a regularly

flict against the Armed Forces of the appointed, enrolled, enlisted, or in19

United States during the Vietnam con ducted member of the Armed Forces of a flict.

of the United States.
“Southeast Asia“ means but is not
necessarily restricted to, the areas of
North and South Vietnam, Laos, and

Subpart B-Prisoners of War
Cambodia.

8 507.10 Vietnam conflict.
"Went into hiding” means the action
taken by a civilian American citizen

Vietnam conflict” refers to the when such person initiated a course of

period beginning February 28, 1961, conduct consistent with an intention and ending on a date to be determined to evade capture or detention by a

by Presidential proclamation or con_1 hostile force in Southeast Asia.

current resolution of the Congress. 8 507.3 Rate of benefits payable.

8 507.11 “Prisoner of war" defined. Detention benefits awarded to a ci. “Prisoner of war" means any reguvilian American citizen will be paid at larly appointed, enrolled, enlisted or the rate of $150 for each calendar inducted member of the Armed Forces month of internment or during the of the United States who was held by period such civilian American citizen any force hostile to the United States

[ocr errors]
[ocr errors]
« PreviousContinue »