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the claim may be disallowed for failure of the claimant to keep the Commission informed of current address. Such claims shall thereupon be sent to the closed files. 541.7 Penalties.
Section 1001, Title 18 of the United States Code provides that whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representations, or makes or uses any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be liable to criminal penalties. Any person guilty of any act, as provided therein, with respect to any matter under these provisions shall forfeit all rights under the Act, and, if payment shall have been made or granted, the Commission shall take such action as may be necessary to recover the same. Any person who pays, offers to pay, or promises to pay in excess of 5 per centum of the compensation certified to the claimant by the Commission, for services rendered to claimant in connection with any claim, shall forfeit all rights to benefits and the Commission shall take such action as may be appropriate to recover the same. & 541.8 Notification to claimants.
The Commission shall notify all applicants of the approval or denial of their applications and, if approved, shall notify such applicants of the amount for which such applications are approved. $ 541.9 Posting.
It shall be the policy of the Commission to post on the bulletin board of the Commission notices of decisions which shall be available for public inspection for a period of 20 days. Other information of general interest to the claimants shall also be posted. 541.10 Completion of program.
The Commission shall complete its consideration of the claims encompassed by the regulations in this part no later than December 23, 1964.
AUTHORITY: The provisions of this part 541 Issued under sec. 4, 76 Stat. 411; 50 U.S.C. App. 1751–1785 note.
SOURCE: The provisions of this part 541 appear at 28 F.R. 13499, Dec. 13, 1963, unless otherwise noted. $ 541.1 Eligible claimants.
Only those claimants having unpaid balances due on awards as determined by the Philippine War Damage Commission under the provisions of the Philippine Rehabilitation Act of 1946, or their successors in interest, are eligible to file claims. $ 541.2 Consideration of claims.
In the event that a 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 oficial form, as may be essential to the processing thereof. If the evidence or official form requested is not received within the time alloted to claimant to furnish such evidence, the claim may be deemed to have been abandoned and will be disallowed. (29 F.R. 14594, Oct. 24, 1964) 8 541.3 Burden of proof.
The claimant shall be the moving party, and shall have the burden of proof on all issues involved in the determination of his right to payment. & 541.4 Investigations.
The Commission or its designated representatives shall have the right to make such investigations as may be necessary in carrying out the provisions of the Act. 8 541.5 Decisions.
Irrespective of the place of filing, processing, or investigation the allowance or denial of a claim will be made by the Commission in Washington, D.C. § 541.6 Failure to note change of ad
dress. If after claim is filed under Public Law 87-616, any communication mailed to the claimant at the last address furnished to the Commission is returned unclaimed,
8 542.5 Withholding of certifications for
payments. No award shall be certified to the Treasury Department for payment until the time limit as specified under $ 543.2 of this subchapter with respect to filing requests for hearings has expired, or unless waiver of a hearing is received from the claimant by the Commission prior to the expiration date of such time limit.
PART 542_PAYMENT Sec. 542.1 Method of payment. 542.2 Reinvestments in Philippines. 542.3 Definitions. 542.4 Predecessor in interest. 542.5 Withholding of certifications for pay
ments. AUTHORITY: The provisions of this Part 542 issued under sec. 4, 76 Stat. 411; 50 U.S.C. App. 1751-1785 note.
SOURCE: The provisions of this Part 542 appear at 28 F.R. 13500, Dec. 13, 1963, unless otherwise noted. $ 542.1 Method of payment.
All awards shall be certified to the Secretary of the Treasury of the United States for payment in terms of United States currency at the exchange rate of 2 pesos to 1 dollar. Payments to claimants shall be made in United States dollars or in Philippine pesos at the option of the Secretary of the Treasury and in accordance with such regulations as the Secretary may prescribe. $ 542.2 Reinvestments in Philippines.
All payments to claimants residing in the Philippines in amounts over 25,000 pesos or equivalent value in dollars shall be subject to the provisions of section 104(c) of the Philippine Rehabilitation Act of 1946. Claimants residing outside the Philippines must establish to the satisfaction of the Commission that since the date of the loss or damage on account of which the original award was made, they have heretofore invested in such manner as furthered the rehabilitation or economic development of the Philippines. $ 542.3 Definitions.
(a) Residing. The word "residing" as applied in this part means the usual place or residence of the claimant.
(b) Original award. The term "original award" as applied in this part means the sum authorized to be paid by the Philippine War Damage Commission. $ 542.4 Predecessor in interest.
No payment shall be made on any claim which was acquired from a predecessor in interest by purchase, except where such purchase was in the ordinary course of business in connection with the acquisition of all assets of a business firm.
PART 543—HEARINGS Sec. 543.1 Basis for hearing. 543.2 Request for hearing. 543.3 Notification to claimant. 543.4 Failure to file request for hearing. 543.5 Purpose of hearing. 543.6 Résumé of hearing, preparation of. 543.7 Action by the Commission. 543.8 Application of other regulations.
AUTHORITY: The provisions of this part 543 issued under sec. 4, 76 Stat. 411; 50 U.S.C. App. 1751-1785 note.
SOURCE: The provisions of this part 543 appear at 28 F.R. 13500, Dec. 13, 1963, unless otherwise noted. § 543.1 Basis for hearing.
Any claimant whose application is denied or is approved for less than the amount of such application shall be entitled to a hearing before the Commission or its representative with respect to such application. Hearings may also be held on the Commission's own motion. & 543.2 Request for hearing.
Claimant shall immediately notify the Commission, in writing, if a hearing is desired, and shall set forth his reasons in full for requesting the hearing, including any statement of law, or facts upon which the claimant relies. Such notifications must be received by the Commission before December 1, 1964, in order to receive consideration. (29 F.R. 14594, Oct. 24, 1964) $ 543.3 Notification to claimant.
Upon receipt of a request the Commission shall schedule a hearing and notify the claimant as to the date and place such hearing is to be held. No later than 10 days prior to the scheduled hearing date, claimant shall submit all documents, briefs, or other additional evidence relative to an appeal from the award.
& 543.4 Failure to file request for hear
ing. The failure to file a request for a hearing within the period specified in § 543.2 will be deemed to constitute a waiver of right to such hearing and the decisions of the Commission shall constitute a full and final disposition of the case. § 543.5 Purpose of hearing.
(a) 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.
(b) Such hearings may be stenographically reported either at the request of the claimant or at the discretion of the Commission. Claimants making such a request shall notify the Commission at least 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.
(c) Such hearings shall be open to the public.
$ 543.6 Résumé of hearing, preparation
of. Upon such hearing, the hearing officer shall prepare a résumé of the hearing, specifying the issues on which the hearing was based, list of documents and contents, and other items relative to such questions introduced as evidence. A brief analysis of oral testimony shall also be prepared and included in such résumé if the hearing was not stenographically reported. If such hearing is held outside the continental limits of the United States, the résumé together with the duplicate claim file shall be returned to the Commission's principal office in Washington, D.C., for appropriate action and final disposition. § 543.7 Action by the Commission.
After the conclusion of such hearing and a review of the résumé, the Commission may affirm, modify, or reverse its former action with respect to such claim, including a denial or reduction in the amount of the award theretofore approved. All findings of the Commission concerning the persons to whom compensation is payable, and the amounts thereof, shall be conclusive and not reviewable by any court. $ 543.8 Application of other regulations.
To the extent they are not inconsistent with the regulations set forth under provisions of Subchapter D, other regulations of the Commission shall be applicable to the Philippine War Damage claims as provided under Public Law 87–616.
SUBCHAPTER 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)
PART 560_FILING OF CLAIMS AND
Sec. 560.1 Time for filing. 560.2 Form content and filing of claims. 560.3 Exhibits and documents in support
of claim. 560.4 Acknowledgment and numbering. 560.5 Procedure for determination of claims.
Sec. 560.6 Hearings. 560.7 Discontinuance of investigations and
determinations of claims under
Subchapter E. AUTHORITY: The provisions of this Part 560 issued under 76 Stat. 387.
SOURCE: The provisions of this part 560 appear at 28 F.R. 13501, Dec. 13, 1963, unless otherwise noted.
$ 560.1 Time for filing.
Claims under Public Law 87-587 shall be filed with the Commission on or before October 15, 1963. $ 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 Public Law 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 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) All claims, briefs, and memoranda filed shall be typewritten or printed and if typewritten, shall be on legal size paper. 8 560.4 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.
$ 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 Public Law 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(1) (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 representative 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 Public Law 87–587.
$ 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 Public Law 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 Public Law 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 RECEIPT, ADMINISTRATION AND PAYMENT OF
CLAIMS UNDER TITLE II OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY PUBLIC LAW 87-846
PART 580 FILING OF CLAIMS AND the expiration of the sing periodes PROCEDURES THEREFOR for shall be considered as a mes In
of a claim if formalized SESSİZ Sec. 580.1 Time for filing.
a properly executed eaim in 5802 Form, content and filing of claims. 30 days after the expirasacco de 5893 Ennibita and documents in support of period.
claims. 5804 Acknowledgment and numbering.
$ 580.3 Exhibits and docements is 5805 Small business concerns.
port of claim. 5806 Claims by corporation in ezeess of (a) If available, all extebits ad docs$10,000.
ments shall be filed with and at be see 580.7 Procedure for determination of claims. 580.8 Hearings.
time as the claim and shall beste
possible, be in the form of orice docz AUTHORITI: The provisions of this part 580 ments, or copies of original doces issued under 62 Stat. 1240. 50 U S.C. App. certified as such by their pubbe o other 2001, and 76 Stat. 1112; 50 US.C. App.
official custodian. 2017(n).
(b) Documents in foreign language. SOURCE: The provisions of this part 580 Each copy of a document, exhibit or paappear at 28 PR. 13501, Dec. 13, 1963, unless per filed, which is written in a issotherwise noted.
guage other than English, shall be so$ 580.1 Time for filing.
companied by an English translation Claims under Title II of the War
thereof duly verified under oath by its Claims Act of 1948, as amended by Public
translator to be a true and accurate
translation thereof, together with the Law 87-846, shall be filed with the
name and address of the translator. Commission on or before January 15,
(c) Preparation of papers. All claims, 1965.
briefs and memoranda filed shall be [29 F.R. 9539, July 14, 1964)
typewritten or printed and, if typewrit580.2 Form, content and filing of ten, shall be on legal size paper. claims.
§ 580.4 Acknowledgment and number (a) Claims shall be filled on official ing. forms provided by the Commission upon
The Commission will acknowledge the request in writing addressed to the Commission at its principal office at Washing
receipt of a claim and will notify the ton, D.C., and shall include, to the extent
claimant of the claim number assigned available at the time, all of the informa
to it, which number shall be used on all tion called for in the claim form (FCSC
further correspondence and papers filed Form 846), and shall be completed and with regard to the claim. signed in accordance with the instruc
§ 580.5 Small business concerns. tions accompanying the form. (b) Notice to the Foreign Claims Set
Any corporation or commercial entity tlement Commission, the Department of
for the purpose of receiving priority payState, or any other governmental office ment from the Secretary of the Treasury or agency, prior to the enactment of under section 213(a) of the War Claims the statute authorizing this claims pro Act of 1948, as amended, must so Indigram of an intention to file a claim for cate on the official claim form (FCSC World War II losses, shall not be con Form 846). In due course, the Foreign sidered as a timely filing of a claim un Claims Settlement Commission will reder Public Law 87–846.
quest the director, Office of Small Busi(c) Any initial written indication of ness Size Standards, to determine the an intention to file a claim received by size status of such claimant pursuant to the Commission within 30 days prior to such rules and regulations as may be