
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6083]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
     CHAPTER 69A--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
 
SUBCHAPTER III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
 
Sec. 6083. Proof of ownership of claims to confiscated property


(a) Evidence of ownership

               (1) Conclusiveness of certified claims

        In any action brought under this subchapter, the court shall 
    accept as conclusive proof of ownership of an interest in property a 
    certification of a claim to ownership of that interest that has been 
    made by the Foreign Claims Settlement Commission under title V of 
    the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and 
    following).

                      (2) Claims not certified

        If in an action under this subchapter a claim has not been so 
    certified by the Foreign Claims Settlement Commission, the court may 
    appoint a special master, including the Foreign Claims Settlement 
    Commission, to make determinations regarding the amount and 
    ownership of the claim. Such determinations are only for evidentiary 
    purposes in civil actions brought under this subchapter and do not 
    constitute certifications under title V of the International Claims 
    Settlement Act of 1949.

      (3) Effect of determinations of foreign or international 
                                  entities

        In determining the amount or ownership of a claim in an action 
    under this subchapter, the court shall not accept as conclusive 
    evidence any findings, orders, judgments, or decrees from 
    administrative agencies or courts of foreign countries or 
    international organizations that declare the value of or invalidate 
    the claim, unless the declaration of value or invalidation was found 
    pursuant to binding international arbitration to which the United 
    States or the claimant submitted the claim.

(b) Omitted

(c) Rule of construction

    Nothing in this chapter or in section 514 of the International 
Claims Settlement Act of 1949 [22 U.S.C. 1643l], as added by subsection 
(b) of this section, shall be construed--
        (1) to require or otherwise authorize the claims of Cuban 
    nationals who became United States citizens after their property was 
    confiscated to be included in the claims certified to the Secretary 
    of State by the Foreign Claims Settlement Commission for purposes of 
    future negotiation and espousal of claims with a friendly government 
    in Cuba when diplomatic relations are restored; or
        (2) as superseding, amending, or otherwise altering 
    certifications that have been made under title V of the 
    International Claims Settlement Act of 1949 [22 U.S.C. 1643 et seq.] 
    before March 12, 1996.

(Pub. L. 104-114, title III, Sec. 303, Mar. 12, 1996, 110 Stat. 819.)

                       References in Text

    The International Claims Settlement Act of 1949, referred to in 
subsecs. (a)(1), (2) and (c)(2), is act Mar. 10, 1950, ch. 54, 64 Stat. 
12, as amended. Title V of the Act is classified generally to subchapter 
V (Sec. 1643 et seq.) of chapter 21 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1621 of this title and Tables.
    This chapter, referred to in subsec. (c), was in the original ``this 
Act'', meaning Pub. L. 104-114, Mar. 12, 1996, 110 Stat. 785, which is 
classified principally to this chapter. For complete classification of 
this Act to the Code, see Short Title note set out under section 6021 of 
this title and Tables.

                          Codification

    Section is comprised of section 303 of Pub. L. 104-114. Subsec. (b) 
of section 303 of Pub. L. 104-114 enacted section 1643l of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6082 of this title.
