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(a) Records specifically required by Executive Order to be kept secret in the interest of the national defense or foreign policy. This exception may apply to records in the custody of the Commission which have been transmitted to the Commission by another agency which has designated the record as nonpublic under Executive Order.
(b) Records related solely to the internal personnel rules and practices of the Commission.
(c) Records specifically exempted from disclosure by statute.
(d) Information given in confidence. This includes information obtained by or given to the Commission which constitutes confidential commercial or financial information, privileged information, or other information which was given to the Commission in confidence or would not customarily be released by the person from whom it was obtained.
(e) Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the Commission. Such communications include interagency memoranda, drafts, staff memoranda transmitted to the Commission, written communications between the Commission, the Executive Director, and the General Counsel, regarding the preparation of Commission decisions, other documents received or generated in the process of issuing a decision, or regulation, and reports and other work papers of staff attorneys, accountants, and investigators.
(f) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. $ 503.13 Fees-policy and services avail.
able. Pursuant to policies established by the Congress, the Government's costs for special services furnished to individuals or firms who request such service are to be recovered by the payment of fees (Act of Aug. 31, 1951–5 U.S.C. 140). Upon written request directed to and within the discretion of the Foreign Claims Settlement Commission, there are available upon payment of the fees hereinafter prescribed, with respect to docu
ments subject to inspection, services as follows:
(a) Copying records/documents.
(b) Certification of copies of documents.
(c) Records search.
(d) Transcripts of hearings when requested by claimants. § 503.14 Fees for services.
The basic fees set forth below provide for documents to be mailed with ordinary first-class postage prepaid. If copy is to be transmitted by registered, certified, air, or special delivery mail, postage therefor will be added to the basic fee. Also, if special handling or packaging is required, costs thereof will be added to the basic fee.
(a) The copying of records and documents will be available at the rate of 25 cents per page (one side).
(b) The certification and validation of documents filed with or issued by the Commission will be available at $1 for each such certification.
(c) To the extent that time can be made available, records and information search will be performed for reimbursement at the following rates:
(1) By clerical personnel at a rate of $4 per person per hour.
(2) By professional personnel at an actual hourly cost basis to be established prior to search.
(3) Minimum charge, $2.
(d) Exceptions: No charge will be made by the Commission for notices, decisions, orders, etc., required by law to be served on a party to any proceeding or matter before the Commission. No charge will be made for single copies of Commission publications individually requested in person or by mail. In addition a subscription to Commission mailing lists will be entered without charge when one of the following conditions is present:
(1) The furnishing of the service without charge is an appropriate courtesy to a foreign country or international organization.
(2) The recipient is another governmental agency, Federal, State, or local, concerned with claims of nationals of the United States against foreign governments or having a legitimate interest in the proceedings and activities of the Commission.
(3) The recipient is a college or university.
(4) The receipient does not fall into subdivision (1), (2), or (3) of this subparagraph, but is determined by the Commission to be an appropriate recipient in the interest of its program.
(e) Transcripts of testimony and of oral argument taken by a private firm may be purchased directly from the reporting firm.
$ 503.15 Payment of fees and charges.
The fees charged for special services may be paid by check, draft, or postal money order, payable to the Foreign Claims Settlement Commission, except for charges for transcript of hearings. Fees for transcripts of hearings are payable to the firm providing the services.
SUBCHAPTER B [RESERVED)
SUBCHAPTER C—RECEIPT, ADMINISTRATION AND PAYMENT OF
CLAIMS UNDER THE INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949, AS AMENDED
PART 531-FILING OF CLAIMS AND ment of November 5, 1964, shall be filed PROCEDURES THEREFOR
with the Commission on or before JanSec.
uary 15, 1968. 531,1 Time for aling.
[28 F.R. 13498, Dec. 13, 1963, as amended at 581.2 Form, content and fling of claims. 30 F.R. 13870, Nov. 2, 1965; 32 FR. 413, Jan. 531.3 Exhibits and documents in support of 14, 1967; 32 F.R. 15641, Nov. 10, 1967)
claim. 831.4 Acknowledgment and numbering.
8 531.2 Form, content and filing of 531.5 Procedure for determination of claims.
claims. 531.6 Hearings.
(a) Claims shall be filed on official 831.7 Presettlement conference.
forms provided by the Commission upon AUTHORITY: The provisions of this part 531 request in writing addressed to the ComIssued under sec. 3, 64 Stat. 13, as amended; mission at its principal office at Washing99 U.S.C. 1622.
ton, D.C., shall include all of the inSOURCE: The provisions of this Part 531 formation called for in the appropriate appear at 28 FR. 13498, Dec. 13, 1963, unless
form indicated below, and shall be comotherwise noted.
pleted and signed in accordance with $ 531.1 Time for filing.
the instructions accompanying the form. (al Claims under Title III of the Act
(b) FCSC Form 285— Statement of shall be filed with Commission on or be
Claim Against the Government of (Bul. fore September 30, 1956, except that garia, Hungary, Rumania, Italy, Soviet claims pursuant to section 305 (Soviet
Union). claims) shall be filled on or before March
(c) FCSC Form 604 Claim against $1, 1956.
the Government of Czechoslovakia. b) Claims under Title IV (Czecho- (d) FCSC Form 709_Claim against slovakian claims) of the Act shall be filed
the Government of the Polish People's with the Commission on or before Sep
Republic. tember 15, 1959
(e) FCSC Form 666—Claims against (el Claims under Title I of the Act
the Government of Cuba. (Polish claims) shall be filed with the
(f) FCSC Form 701—Claims against Commission on or before March 31,
the Government of Yugoslavia under the
Yugoslav Claims Agreement of November d) Claims under Title V of the Act 5, 1964. Cuban claims) shall be filed with the (g) Notice to the Foreign Claims SetCommission on or before May 1, 1967. tlement Commission, the Department of
Red Claims under Title I of the Act State, or any other governmental office pursuant to the Yugoslav Claims Agree- or agency, prior to the enactment of the
statute authorizing a claims program or the effective date of a lump-sum claims settlement agreement, or an intention to file a claim against a foreign country, shall not be considered as a timely filing of a claim under the statute or agreement.
(h) Any initial written indication of an intention to file a claim received within 30 days prior to the expiration of the filing period thereof shall be considered as a timely filing of a claim if formalized within 30 days after the expiration of the filing period. (28 F.R. 13498, Dec. 13, 1963, as amended at 30 F.R. 13870, Nov. 2, 1965; 32 F.R. 413, Jan. 14, 1967) 8 531.3 Exhibits and documents in sup
port 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) Documents in foreign language: Each copy of a document, exhibit or paper filed, which is written or printed 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. § 531.4 Acknowledgment and number
ing. 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, 531.5 Procedure for determination of
claims. (a) The Commission may on its own motion order a hearing upon any claim, specifying the questions to which the hearing shall be limited.
(b) Without previous hearing, the Commission may issue a proposed decision in determination of a claim.
(c) Such proposed decision shall be delivered to the claimant or his attorney of record in person or by mail. Delivery by mall shall be deemed completed 5 days after the mailing of such proposed decision addressed to the last known address of the claimant or his attorney of record. One copy of the proposed decision shall be available for public inspection at the office of the Commission. Notice of proposed decision shall be posted on the bulletin board at the office of the Commission on the day of its issuance and for 20 days thereafter.
(d) It shall be the policy of the Commission to post on said bulletin board other information of general interest to the claimants before the Commission.
(e) When such proposed decision denies the claim in whole or in part, claimant may within 15 days of service thereof file objections to such denial, assigning the errors relied upon, with accompanying brief in support thereof, and may request a hearing on the claim, specifying whether for the taking of evidence or only for the hearing of oral argument upon the errors assigned.
(f) Public notice shall be promptly posted on said bulletin board of the filing of any objections to, or request for a hearing on any proposed decision.
(g) Upon the expiration of 30 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.
(h) If any such objections have in the meantime been filed, but no hearing requested, the Commission may, after due consideration thereof, (1) Issue its final decision affirming or modifying its proposed decision, (2) issue a further proposed decision, or (3) on its own motion order hearing thereon, Indicating whether for the taking of evidence on specified questions or only for the hearing of oral argument.
(1) After the conclusion of a hearing, upon the expiration of any time allowed by the Commission for further submissions, the Commission may proceed to final decision and determination of the claim.
(j) (1) In case an individual claimant dies prior to the issuance of a Final Decision his legal representative shall be substituted as party claimant. However, upon failure to comply with the foregoing, the Commission may issue its decision in the name of the estate and, in case of an award, certify the award to the Secretary of the Treasury for payment, if the payment of such award is provided for by statute.
(2) Notice of the Commission's action under this paragraph shall be forwarded to the claimant's attorney of record, or if claimant is not represented by an attorney, such notice shall be addressed to the estate of the claimant at the last known place of residence.
(3) The term "legal representative" as applied in this paragraph means, in general, the administrator or executor, heir(s), next of kin, or descendant(s).
(k) After the date of filing with the Commission no claim shall be amended to reflect the assignment thereof by the claimant to any other person or entity except as otherwise provided by statute.
(1) At any time after a final decision has been issued on a claim, or a proposed decision has become the final decision on a claim, but not later than 60 days before the completion date of the Commission's affairs in connection with the program under which such claim is filed, a petition to reopen on the ground of newly discovered evidence may be filed. No such petition shall be entertained unless it appears therein that the newly discovered evidence came to the knowledge of the party filing the petition subsequent to the date of issuance of the final decision or the date on which the proposed decision became the final decision; that it was not for want of due diligence that such evidence did not come sooner to his knowledge; and that the evidence is material, and not merely cumulative, and that reconsideration of the matter on the basis of such evidence would produce a different decision. Such
petition shall include a statement of the facts which the petition expects to prove, the name and address of each witness, the identity of documents, and the reasons for failure to make earlier submission of the evidence. [28 F.R. 13498, Dec. 13, 1963, as amended at 29 F.R. 14594, Oct. 24, 1964; 30 F.R. 13870, Nov. 2, 1965; 32 F.R. 413, Jan. 14, 1967] 8 531.6 Hearings.
(a) Hearings, whether upon the Commission's own motion or upon request of claimant, shall be held upon not less than fifteen days' notice of the time and place thereof.
(b) Such hearings shall be open to the public unless otherwise requested by claimant and ordered by the Commission.
(C) Such hearings shall be conducted by the Commission, its designee or designees. Oral testimony and documentary evidence, including depositions that may have been taken as provided by statute and the rules of practice, may be offered in evidence on claimant's behalf or by counsel for the Commission designated by it to represent the public interest opposed to the allowance of any unjust or unfounded claim or portion thereof; and either may cross-examine as to evidence offered through witnesses on behalf of the other. Objections to the admission of any such evidence shall be ruled upon by the presiding officer.
(d) The claimant shall be the moving party, and shall have the burden of proof on all issues involved in the determination of his claim.
(e) Hearings may be stenographically reported either at the request of the claimant or upon the discretion of the Commission. Claimants making such a request shall notify the Commission at least ten (10) days prior to the hearing date. When a stenographic record of a hearing is ordered at the claimant's request, the cost of such reporting and transcription may be charged to him. § 531.7 Presettlement conference.
The Commission on its own initiative or upon the application of a claimant for good cause shown, may direct that a presettlement conference be held with respect to any issue involved in a claim. PART 540-FILING OF CLAIMS AND
SUBCHAPTER D-RECEIPT, ADMINISTRATION AND PAYMENT OF
CLAIMS FOR BALANCE OF 22.5 PERCENT ON AWARDS MADE UNDER THE PROVISIONS OF THE PHILIPPINE REHABILITATION ACT OF 1946 IN EXCESS OF P1,000 ($500.00) EACH
PROCEDURES THEREFOR Sec. 540.1 Claim defined. 540.2 Notice and distribution of claim ap
plication forms. 540.3 Time within which claims may be
filed. 540.4 Place of filing claims. 540.5 Receipt
acknowledgment of claims. AUTHORITY: The provisions of this part 540 issued under sec. 4, 76 Stat. 411; 50 U.S.C. App. 1751-1785 note.
SOURCE: The provisions of this part 540 appear at 28 F.R. 13499, Dec. 13, 1963, unless otherwise noted. $ 540.1 Claim defined.
(a) A properly completed and executed application made on an official form provided by the Commission for such purpose constitutes a claim and will be processed under the laws administered by the Commission.
(b) Claims must be legibly prepared in the English language and submitted in duplicate. $ 540.2 Notice and distribution of claim
application forms. Notice as to the provisions of the Act providing payment of awards and claim application forms will be mailed to all qualified claimants at their last known address as reflected by the records of the former Philippine War Damage Commission. If claim forms mailed to claimants are returned to the Commission undelivered, the Commission may take such steps as it may in its discretion adopt with respect to such claim forms and the claims covered thereby. § 540.3 Time within which claims may
be filed. Claims must be filed at the principal office of the Commission at Washington,
D.C., or at its field office in Manila on or before midnight December 23, 1963. Claims not filed within the time limit specified will not be considered except through special action by the Commission. $ 540.4 Place of filing claims.
All claims must be filed with the Foreign Claims Settlement Commission at its principal office at Washington, D.C., or its field office in Manila, Philippines. Claims mailed in the Philippines to the Commission should be addressed to its Manila office; those mailed in the continental United States or elsewhere should be addressed to the Washington office of the Commission. $ 540.5
Receipt and acknowledgment of claims. (a) Claim deemed received: A claim will be considered received by the Commission on the date postmarked, if mailed or if delivery is made in person, on the date when delivered to the principal office or field office of the Commission.
(d) A receipt acknowledgment, which is provided with the claim application form, must be self-addressed and must accompany the claim at the time it is filed. This acknowledgment, when returned to the claimant will be his notice that the claim has been received.