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/Internat

Internat' I claims settlement act/

HEARING

BEFORE THE

SUBCOMMITTEE ON EUROPE

OF THE

COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES

EIGHTY-NINTH CONGRESS

SECOND SESSION

ON

S. 1935

AN ACT TO AMEND THE INTERNATIONAL CLAIMS SETTLEMENT ACT
OF 1949, AS AMENDED, TO PROVIDE FOR THE TIMELY DETERMINATION
OF CERTAIN CLAIMS OF AMERICAN NATIONALS SETTLED BY THE
UNITED STATES-POLISH CLAIMS AGREEMENT OF JULY 16, 1960, AND
FOR OTHER PURPOSES; AND
S. 2064

AN ACT TO AMEND THE INTERNATIONAL CLAIMS SETTLEMENT ACT
OF 1949, AS AMENDED, RELATIVE TO THE RETURN OF CERTAIN ALIEN
PROPERTY INTERESTS

67-498

AUGUST 9, 1966

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1966

COMMITTEE ON FOREIGN AFFAIRS

THOMAS E. MORGAN, Pennsylvania, Chairman

CLEMENT J. ZABLOCKI, Wisconsin
OMAR BURLESON, Texas
EDNA F. KELLY, New York
WAYNE L. HAYS, Ohio

ARMISTEAD I. SELDEN, JR., Alabama
BARRATT O'HARA, Illinois

L. H. FOUNTAIN, North Carolina
DANTE B. FASCELL, Florida
LEONARD FARBSTEIN, New York
CHARLES C. DIGGS, JR., Michigan
LINDLEY BECKWORTH, Texas
HARRIS B. MCDOWELL, JR., Delaware
WILLIAM T. MURPHY, Illinois

CORNELIUS E. GALLAGHER, New Jersey
ROBERT N. C. NIX, Pennsylvania
JOHN S. MONAGAN, Connecticut
DONALD M. FRASER, Minnesota
RONALD BROOKS CAMERON, California
BENJAMIN S. ROSENTHAL, New York
EDWARD R. ROYBAL, California
JOHN C. CULVER, Iowa

LEE H. HAMILTON, Indiana

ROY H. McVICKER, Colorado

FRANCES P. BOLTON, Ohio

E. ROSS ADAIR, Indiana

WILLIAM S. MAILLIARD, California
PETER H. B. FRELINGHUYSEN, New Jersey
WILLIAM S. BROOMFIELD, Michigan

J. IRVING WHALLEY, Pennsylvania
H. R. GROSS, Iowa

E. Y. BERRY, South Dakota
EDWARD J. DERWINSKI, Illinois
F. BRADFORD MORSE, Massachusetts
VERNON W. THOMSON, Wisconsin
JAMES G. FULTON, Pennsylvania

BOYD CRAWFORD, Staff Administrator
ROY J. BULLOCK, Senior Staff Consultant
ALBERT C. F. WESTPHAL, Staff Consultant
FRANKLIN J. SCHUPP, Staff Consultant
ROBERT F. BRANDT, Staff Consultant
HARRY C. CROMER, Staff Consultant
PHILIP B. BILLINGS, Staff Consultant
MARIAN A. CZARNECKI, Staff Consultant
MELVIN O. BENSON, Staff Consultant
JUNE NIGH, Senior Staff Assistant
HELEN C. MATTAS, Staff Assistant
HELEN L. HASHAGEN, Staff Assistant
MARY LOUISE O'BRIEN, Staff Assistant

MARY, M. LALOS, Staff Assistant

DORIS B. MCCRACKEN, Staff Assistant

JEAN E. SMITH, Staff Assistant

ROBERT J. BOWEN, Clerical Assistant

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CONTENTS

J

66.2
H89

F661
1572

LIST OF WITNESSES

Alberti, Frederic M., attorney at law, New York, N.Y..
Atwood, Bart, former Chief, Claims Division, Office of Alien Property,
now attorney, Civil Division, Department of Justice...
Casarella, D. J., vice chairman, Bulgarian Claims Committee, New York,
N.Y..

Dayton, Paul, Conference of Americans of Central-European Descent....
De Polo, J., Jersey City, N.J..

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Fisch, Howard, Brooklyn Jewish Community Council, Brooklyn, N.Y..
Hyman, Abraham S., attorney at law, New York, N.Y.

63

53

Maurer, Ely, Assistant Legal Adviser, Department of State..
Misey, Edward G., Acting Assistant Legal Adviser for International
Claims, Department of State....

32

20

Mondello, Anthony, former Deputy Director, Office of Alien Property, now
attorney, Office of the Legal Counsel, Department of Justice__.
Reiter, Robert H., attorney at law, Washington, D.C.

32

65

Rubin, Seymour J., attorney at law, Washington, D.C.

58

38

Singman, Julian H., attorney at law, on behalf of Brandeis University----

STATEMENTS AND OTHER MATERIALS SUBMITTED
FOR THE RECORD

S. 1935, an act to amend the International Claims Settlement Act of 1949,

as amended, to provide for the timely determination of certain claims

of American nationals settled by the United States-Polish Claims Agree-

ment of July 16, 1960, and for other purposes, text of__

Department of State letter to chairman, Committee on Foreign Affairs,

House of Representatives, dated February 15, 1966, reporting on S. 1935-

Department of the Treasury letter to chairman, Committee on Foreign

Affairs, House of Representatives, dated February 15, 1966, reporting

on S. 1935

Foreign Claims Settlement Commission of the United States letter to

chairman, Committee on Foreign Affairs, House of Representatives,

dated March 1, 1966, reporting on S. 1935-

S. 2064, an act to amend the International Claims Settlement Act of 1949,

as amended, relative to the return of certain alien property interests,

text of__

Department of Justice letter to chairman, Committee on Foreign Affairs,

House of Representatives, dated February 10, 1966, reporting on

S. 2064___

Department of State letter to chairman, Committee on Foreign Affairs,

House of Representatives, dated February 3, 1966, reporting on S. 2064_

Department of State letter to chairman, Committee on Foreign Relations,

U.S. Senate, dated February 24, 1960, reporting on S. 2634_.

Balkunas, Msgr. John, memorandum in support of a reappraisal of the

nationality requirements in the U.S. claim settlement policy and in U.S.

foreign and war claims legislation___

Chalaire, Walter, attorney at law, New York, N.Y

Czolowski, Tadeusz A. J. E., Post Office Box 16543, Oklahoma City, Okla

Dayton, Paul, letter to Hon. Edna F. Kelly, dated August 13, 1966...

Doman, Nicholas R., attorney at law, New York, N.Y.

Heimowitz, Irwin, counselor at law, New York, N.Y., letter to Hon. Edna

F. Kelly, dated August 3, 1966...

Hyman, Abraham S., letter to Hon. Edna F. Kelly, dated August 11, 1966.

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INTERNATIONAL CLAIMS SETTLEMENT ACT

TUESDAY, AUGUST 9, 1966

HOUSE OF REPRESENTATIVES,

COMMITTEE ON FOREIGN AFFAIRS,
SUBCOMMITTEE ON EUROPE,
Washington, D.C.

The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2255, Rayburn Building, Hon. Edna F. Kelly (chairman of the subcommittee) presiding.

Mrs. KELLY. The subcommittee will please come to order.

We are meeting this morning to receive testimony in open session on S. 1935 and S. 2064, bills proposing to amend the International Claims Settlement Act, as amended.

S. 1935 is an omnibus claims bill which pertains to the Bulgarian, Italian, Polish, Rumanian, and Yugoslav claims programs. The bulk of the provisions embodied in this legislation has been recommended by the executive branch.

Without objection, I will place in the record at this point the text of S. 1935, together with the text of such communications as the Committee on Foreign Affairs has received from the executive branch relating to this measure.

(The documents referred to follow :)

[S. 1935, 89th Cong., 1st sess.]

AN ACT To amend the International Claims Settlement Act of 1949, as amended, to provide for the timely determination of certain claims of American nationals settled by the United States-Polish Claims Agreement of July 16, 1960, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the International Claims Settlement Act of 1949, as amended, is further amended as follows:

(1) Subsection (f) of section 4, title I, is hereby amended to read as follows: "(f) No remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this title shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this title, on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both." (2) Section 6, title I, is amended by inserting "(a)" after the section number and adding at the end thereof the following subsection:

"(b) The Commission shall complete its affairs in connection with the settlement of United States-Polish claims arising under the Polish Claims Agreement of July 16, 1960, not later than March 31, 1968."

(3) Subsection (b) of section 7, title I, is amended by inserting "(1)” after the subsection letter, and adding at the end thereof the following paragraphs: "(2) The Secretary of the Treasury shall deduct from the undisbursed balance in the Polish claims fund, created pursuant to section 8, as of the date of enact1

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