(d) FCSC Form 709-Claim against the Government of the Polish People's Republic.

(e) FCSC Form 666-Claims aganist the Government of Cuba.

(f) FCSC Form 701-Claims against the Government of Yugoslavia under the Yugoslav Claims Agreement of November 5, 1964.

(g) FCSC Form 780-Claims against the Chinese Communist regime.

(h) FCSC Form 285-A-Statement of Claim against the Government of (Bulgaria, Rumania, and Italy under Title III of the International Claims Settlement Act of 1949, as amended by Pub. L. 90-421, approved July 24, 1968; and Hungary in accordance with the Hungarian Claims Agreement of March 6, 1973, subsection (5) of section 303, and subsection (d) of section 306, Title III of the International Claims Settlement Act of 1949, as amended by Pub. L. 93-460, approved October 20, 1974).

(i) FCSC Form 542-Statement of Claim against the German Democratic Republic.

(j) FCSC Form 606-Statement of Claim against Vietnam.

(k) FCSC Form 127-Statement of Claim against Czechoslovakia for losses arising after August 8, 1958 (Second Czechoslovakian Claims Program).

(1) 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 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.

(m) 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.

(Pub. L. 96-606; 22 U.S.C. 1642)

[28 FR 13498, Dec. 13, 1963, as amended at 30 FR 13870, Nov. 2, 1965; 32 FR 413, Jan. 14, 1967; 33 FR 232, Jan. 6, 1968; 35 FR 82, Jan. 3, 1970; 39 FR 40249, Nov. 15, 1974; 42

FR 24741, May 16, 1977; 46 FR 26062, May 11, 1981; 47 FR 10851, Mar. 12, 1982]

§ 531.3 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) 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 Acknowledgement 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.

§ 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 or a designated member of the staff 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 mail 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 bulle

tin 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 staff decision, when approved by the Commission, shall become the Commission's final determination and decision on the claim. A proposed decision approved by the Commission may become final after 30 days without further order or decision by the Commission.

(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.

(i) 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 FR 13498, Dec. 13, 1963, as amended at 30 FR 13870, Nov. 2, 1965; 32 FR 413, Jan. 14, 1967; 44 FR 59908, Oct. 17, 1979]

§ 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.

§ 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 acknowledgement of claims.

(a) Claim deemed received: A claim I 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.

(b) A receipt acknowledgement, 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.

SOURCE: 28 FR 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 official 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 FR 14594, Oct. 24, 1964]

§ 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.

§ 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 address.

If after claim is filed under Pub. L. 87-616, any communication mailed to the claimant at the last address furnished to the Commission is returned unclaimed, 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.