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for any period of time during the Vietnam conflict.
8 507.12 Membership in the Armed Forces
of the United States; establishment of. Regular appointment, enrollment, enlistment or induction in the Armed Forces of the United States shall be established by certification of the Department of Defense.
fully observe the provisions of the Convention, and particularly those ar. ticles relating to food rations of prisoners of war, humane treatment, protection, and labor of prisoners of war, and the failure to abide by the condi. tions and requirements established in such Convention by any hostile force with which the Armed Forces of the United States were engaged in armed conflict.
8 507.13 “Armed Forces of the United
States" defined. “Armed Forces of the United States" means the United States Air Force, Army, Navy, Marine Corps and Coast Guard, and commissioned officers of the U.S. Public Health Service who were detailed for active duty with the Armed Forces of the United States.
8 507.14 “Force hostile to the United
States" defined. “Force hostile to the United States" means any organization or force in Southeast Asia, or any agent or employee thereof, engaged in any military or civil activities designed to further the prosecution of its armed conflict against the Armed Forces of the United States during the Vietnam conflict.
8 507.17 Rate of and basis for award of
compensation. (a) Compensation allowed a prisoner of war during the Vietnam conflict under Section 6(f)(2) of the War Claims Act of 1948, as amended, will be paid at the rate of $2 per day for each day such person was held as prisoner of war on which the hostile force, or its agents, failed to furnish the quantity and quality of food prescribed for prisoners of war under the Geneva Convention of August 12, 1949.
(b) Compensation allowed a prisoner of war during the Vietnam conflict under section 6(f)(3) of the Act, will be paid at the rate of $3 per day for each day such person was held as a prisoner of war on which the hostile force failed to meet the conditions and requirements under the provisions of the Geneva Convention of August 12, 1949 relating to labor of prisoners of war or for inhumane treatment by the hostile force by which such person was held.
(c) Compensation under paragraphs (a) and (b) of this section will be paid to the prisoner of war or qualified applicant on a lump-sum basis at a total rate of $5 per day for each day the prisoner of war was entitled to compensation.
8 507.15 Geneva Convention of August 12,
1949. The Geneva Convention of August 12, 1949, as identified in section 6(f) of the War Claims Act of 1948, as amended, is the “Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949" which is included under the “Geneva Convention of August 12, 1949 For the Protection of War Victims”, entered into by the United States and other governments, including the Government in North Vietnam which acceded to it on June 28, 1957.
8 507.16 Failure to meet the conditions
and requirements prescribed under the
Geneva Convention of August 12, 1949. For the purpose of this part, obligations under the Geneva Convention of August 12, 1949, consist of the responsibility assumed by the contracting parties thereto with respect to prisoners of war within the meaning of the Convention, to comply with and to
8 507.18 Entitlement of survivors to award
in case of death of prisoner of war. In case of death of a prisoner of war who would have been entitled to an award of compensation under section 6(f) (2) and (3) of the War Claims Act of 1948, as amended, such compensation shall be awarded, if claim is made, only to the following persons:
(a) Widow or husband if there is no child or children of the deceased;
(b) Widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares;
(c) child or children of the deceased (in equal shares) if there is no widow or husband; and
(d) Parents (in equal shares) if there is no widow, husband or child.
each survivor is entitled, and if applicable, under the procedure set forth in
508.3, except that as to persons under legal disability, payment will be made as specified in $ 508.2.
8 507.19 Members of the Armed Forces of
the United States precluded from re
ceiving award of compensation. Any member of the Armed Forces of the United States, who at any time, voluntarily, knowingly, and without duress gave aid to or collaborated with, or in any manner served any force hostile to the United States, is precluded from receiving an award of compensation based on such member's capture and internment.
8 508.2 Payments to persons under legal
disability. Any awards or any part of an award payable under sections 5(1) and 6(f) of the Act to any person under legal disability may, in the discretion of the Commission, be certified for payment for the use of the claimant, to the natural or legal guardian, committee, conservator or curator, or if there is no such natural or legal guardian, committee, conservator or curator, then, in the discretion of the Commission, to any person, including the spouse of such person, or the Chief Officer of the hospital in which the claimant may be a patient, whom the Commission may determine is charged with the care of the claimant. In the case of a minor, any part of the amount payable may, in the discretion of the Commission, be certified for payment to such minor.
Sec. 508.1 Payments under the War Claims Act
of 1948, as amended by Pub. L. 91-289. 508.2 Payments to persons under legal dis
ability. 508.3 Reissuance of awards.
AUTHORITY: Sec. 2, Pub. L. 80-896, 62 Stat. 1240, as amended (50 U.S.C. App. 2001).
SOURCE: 52 FR 17572, May 11, 1987, unless otherwise noted.
8 508.3 Reissuance of awards.
Upon the death of any claimant entitled to payment of an award, the Commission will cause the award to be cancelled and the amount of such award will be redistributed to the survivors of the same class or to members of the next class of eligible survivors, if appropriate, in the order of preference as set forth under the Act.
8 508.1 Payments under the War Claims
Act of 1948, as amended by Pub. L. 91
289. (a) Upon a determination by the Commission as to the amount and validity of each claim filed pursuant to section 5(i) and 6(f) of the War Claims Act of 1948, as amended, any award made thereunder will be certified by the Commission to the Secretary of the Treasury for payment out of funds appropriated for this purpose, in favor of the civilian internee or prisoner of war found entitled thereto.
(b) Awards made to survivors of deceased civilian internees or prisoners of war will be certified to the Secretary of the Treasury for payment to the individual member or members of the class or classes of survivors entitled to receive compensation in the full amount of the share to which
Sec. 509.1 Basis for hearing. 509.2 Request for hearing. 509.3 Notification to claimant. 509.4 Failure to file request for hearing. 509.5 Purpose of hearing. 509.6 Résumé of hearing, preparation of. 509.7 Action by the Commission. 509.8 Application of other regulations.
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 17572, May 11, 1987, unless otherwise noted.
8 509.1 Basis for hearing.
allowance of an unjust or unfounded Any claimant whose application is
claim or portion thereof, and either denied or is approved for less than the
may cross-examine as to evidence of. full allowable amount of such claim,
fered through witnesses on behalf of shall be entitled to a hearing before
the other. Objections to the admission the Commission or its representative
of any such evidence shall be ruled with respect to such claim. Hearings
upon by the presiding officer. may also be held on the Commission's
(b) Such hearings may be stenoown motion.
graphically recorded either at the re
quest of the claimant or at the discre8 509.2 Request for hearing.
tion of the Commission. A claimant Within 30 days after the Commis
making such a request shall notify the sion's notice of denial of a claim, or ap
Commission at least 10 days prior to proval for a lesser amount than
the hearing date. When a stenographclaimed, has been posted by the Com
ic record of a hearing is ordered at the mission, the claimant, if a hearing is
claimant's request, the cost of such re
be desired, shall notify the Commission
porting and transcription may in writing, and shall set forth in such
charged to the claimant. request the reasons in full for request
(c) Such hearings shall be open to ing the hearing, including any state
the public. ment of law or facts upon which the
8 509.6 Résumé of hearing, preparation of. claimant relies.
Upon such hearing, the hearing offi8 509.3 Notification to claimant.
cer shall prepare a résumé of the hearUpon receipt of such a request the ing, specifying the issues on which the Commission shall schedule a hearing hearing was based, and including a list and notify the claimant as to the date of documents and contents and other and place such hearing is to be held.
items relative to such issues which No later than 10 days prior to the
were introduced as evidence. A brief scheduled hearing date, the claimant analysis of oral testimony shall also be shall submit all documents, briefs, or prepared and included in such résumé other additional evidence relative to of the hearing not stenographically rean appeal from the award.
ported. 8 509.4 Failure to file request for hearing.
8 509.7 Action by the Commission. The failure to file a request for a After the conclusion of such hearing hearing within the period specified in and a review of the résumé, the Com$ 509.2 will be deemed to constitute a mission may affirm, modify, or reverse waiver of right to such hearing and its former action with respect to such the decision of the Commission shall claim, including a denial or reduction constitute a full and final disposition in the amount of the award theretoof the case.
fore approved. All findings of the
Commission concerning the persons to 8 509.5 Purpose of hearing.
whom compensation is payable, and (a) Such hearings shall be conducted the amounts thereof, are conclusive by the Commission, its designee or
and not reviewable by any court. designees. Oral testimony and documentary evidence, including deposi
8 509.8 Application of other regulations. tions that may have been taken as pro To the extent they are not inconsistvided by statute and the rules of prac ent with the regulations set forth tice, may be offered in evidence on under provisions of this subchapter, claimant's behalf or by counsel for the the other regulations of the CommisCommission designated by it to repre sion shall also be applicable to the sent the public interest opposed to the claims filed hereunder.
SUBCHAPTER C-RECEIPT, ADMINISTRATION, AND PAYMENT
OF CLAIMS UNDER THE INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949, AS AMENDED
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 Sec.
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 of claim.
same time as the claim, and shall, 531.4 Acknowledgement and numbering. 531.5 Procedure for determination of
wherever possible, be in the form of claims.
original documents, or copies or origi531.6 Hearings.
nals certified as such by their public 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 the Commission by duly promulgated
with the name and address of the notice published in the FEDERAL REGIS
translator. TER, or as specified in legislation passed by Congress, as applicable.
(c) Preparation of papers. All claims,
briefs, and memoranda filed shall be 8 531.2 Form, content and filing of claims.
typewritten or printed and, if type(a) Unless otherwise specified by
written, shall be on legal size paper. 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
papers formation called for in the appropri- spondence and
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 of tions accompanying the form.
claims. (b) Notice to the Foreign Claims Settlement Commission, the Department (a) The Commission may on its own of State, or any other governmental
motion order a hearing upon any 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, the a lump-sum claims settlement agree Commission or a designated member ment, of an intention to file a claim of the staff may issue a Proposed Deciagainst 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 be under the statute or agreement.
delivered to the claimant or the claim(c) Any initial written indication of ant's attorney of record in person or an intention to file a claim received by mail. Delivery by mail shall be within 30 days prior to the expiration deemed completed 5 days after the of the filing period thereof shall be mailing of such Proposed Decision adconsidered as a timely filing of a claim dressed to the last known address of
the claimant or the claimant's attor cision in the name of the estate of the ney of record. A copy of the Proposed deceased and, in case of an award, cer. Decision shall be available for public tify the award in the same manner to inspection at the offices of the Com the Secretary of the Treasury for pay. mission.
ment, if the payment of such award is (d) It shall be the policy of the Com provided for by statute. mission to post on a bulletin board any
(2) Notice of the Commission's information of general interest to
action under this paragraph shall be claimants before the Commission.
forwarded to the claimant's attorney (e) When the Proposed Decision
of record, or if the claimant is not rep. denies a claim in whole or in part, the
resented by an attorney, such notice claimant may within 15 days of service
shall be addressed to the estate of the thereof file objections to such denial, assigning the errors relied upon, with
claimant at the last known place of
residence. accompanying brief in support thereof, and may request a hearing on the
(3) The term “legal representative” claim, specifying whether for the
as applied in this paragraph means, in taking of evidence or only for the
general, the administrator or executor, hearing of oral argument upon the heir(s), next of kin, or descendant(s). errors assigned.
(k) After the date of filing with the (f) Copies of objections to or re Commission no claim shall be amend. quests for hearings on Proposed Deci ed to reflect the assignment thereof sions shall be available for public in by the claimant to any other person or spection at the Commission's offices. entity except as otherwise provided by
(g) Upon the expiration of 30 days statute. after service or receipt of notice, if no
(1) At any time after a final Decision objection under this section has in the
has been issued on a claim, or a Promeantime been filed, a staff Proposed
posed Decision has been entered as Decision, upon approval by the Com
the Final Decision on a claim, but not mission, shall become the Commis
later than 60 days before the complesion's final determination and decision
tion date of the Commission's affairs on the claim. A Proposed Decision
in connection with the program under issued by the Commission may become final after 30 days without further
which such claim is filed, a petition to order or decision by the Commission.
reopen on the ground of newly discov(h) If an objection has in the mean
ered evidence may be filed. No such time been filed, but no hearing re
petition shall be entertained unless it quested, the Commission may, after appears therein that the newly discovdue consideration thereof, (1) issue a
ered evidence came to the knowledge Final Decision affirming or modifying of the party filing the petition subseits Proposed Decision, (2) issue an quent to the date of issuance of the Amended Proposed Decision, or (3) on Final Decision or the date on which its own motion order hearing thereon, the Proposed Decision was entered as indicating whether for the taking of the Final Decision; that it was not for evidence on specified questions or only want of due diligence that such evifor the hearing of oral arguments. dence did not come sooner to the
(i) After the conclusion of a hearing, claimant's knowledge;' and that the upon the expiration of any time al
evidence is material, and not merely lowed by the Commission for further
cumulative, and that reconsideration submissions, the Commission may pro of the matter on the basis of such eviceed to issue a Final Decision in deter
dence would produce a different decimination of the claim.
sion. Such petition shall include & (j)(1) In case an individual claimant
statement of the facts which the petidies prior to the issuance of the Final
tioner expects to prove, the name and Decision, such person's legal repre
address of each witness, the identity of sentative shall be substituted as party
documents, and the reasons for failure claimant. However, upon failure of a
to make earlier submission of the evirepresentative to qualify for substitu
dence. tion, the Commission may issue its de