To Amend the Joint Resolution Providing for the Adjudication of Claims of American Nationals Against the Government of the Union of Soviet Socialist Republics

Letter dated February 9, 1953, to Committee on Foreign Affairs, House of
Representatives, from Martin J. Keena, vice president, American Stock
Exchange...

Language of the Litvinoff assignment_--

APPENDIX

(See contents listed on p. 69.)

III

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TO AMEND THE JOINT RESOLUTION PROVIDING FOR THE ADJUDICATION OF CLAIMS OF AMERICAN NATIONALS AGAINST THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS

THURSDAY, MARCH 11, 1954

HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON EUROPE OF THE COMMITTEE ON FOREIGN AFFAIRS, Washington, D. C.

The subcommittee met, pursuant to notice, at 10:30 o'clock a. m., in room G-3, United States Capitol, Hon. James G. Fulton (chairman of the subcommittee) presiding.

Mr. FULTON. We are proceeding with House Joint Resolution 49 and House Joint Resolution 130, claims of American nationals against the Government of the Union of Soviet Socialist Republics.

Mr. MORANO. Are these resolutions identical, Mr. Chairman? Mr. FULTON. They have the same purpose; they are not quite identical.

(H. J. Res. 130 is as follows:)

[H. J. Res. 130, 83d Cong., 1st sess.]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to provide for the adjudication by a Commissioner of claims of American nationals against the Government of the Union of Soviet Socialist Republics," approved August 4, 1939, is amended-

(1) By amending the title to read as follows: "Joint resolution to provide for the adjudication by a Commissioner of claims of American nationals arising prior to November 16, 1933, against the Government of the Union of Soviet Socialist Republics, or against a Russian national which prior to its nationalization, owned or was entitled to property in the United States."

(2) By amending the first paragraph to read as follows:

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to appoint a Commissioner, learned in the law, to determine the validity and amounts of the claims of American nationals, arising prior to November 16, 1933, against the Government of the Union of Soviet Socialist Republics, or against a Russian national which prior to its nationalization owned or was entitled to property in the United States, which has been collected or was recovered by the United States under the Litvinov Assignment, and to fill any vacancy in the same manner that the original appointment was made."

(3) By striking out "$9,000" in section 2 and inserting in lieu thereof "$15,000," and by striking out "$25,000" in section 9 and inserting in lieu thereof "$100,000." (4) By amending section 4 to read as follows:

"Before entering upon his duties the Commissioner shall take a solemn oath faithfully and impartially to examine the claims and to give his decision in accordance with his best judgment and with justice and equity and such principles of law as may be applicable, including international law. The decision of the Commissioner shall be in writing, and shall be final and conclusive as to the merits of all cases decided."

(5) By striking out section 10.

(6) By adding at the end of the joint resolution as so amended the following new sections:

"SEC. 10. (a) Within sixty days after his appointment the Commissioner shall give public notice by publication in the Federal Register of the time when and the limit of time within which claims may be filed, which limit shall not be more than ninety days after such publication.

"(b) The Commissioner may in his discretion enter an award with respect to one or more items deemed to have been clearly established in an individual claim while deferring consideration and action on other items of the same claim. "(c) The Commissioner shall give preference to the disposition of those claims entitled to priority of payment under section 11 (a) (1) and shall as soon as practicable certify to the Secretary of the Treasury copies of all awards made in respect of such claims without awaiting the adjudication of those claims payable under section 11 (a) (2).

"(d) The expenses incurred by the United States shall be a first charge against the fund derived from the collection of the assigned assets to the extent of 3 per centum thereof and as reimbursement to the United States therefor, there shall be covered into the Treasury to the credit of miscellaneous receipts such 3 per centum of such fund upon the enactment of this resolution.

"SEC. 11. (a) The claims allowed by the Commissioner shall be certified by him to the Secretary of the Treasury, and shall be paid by the Secretary of the Treasury, less 3 per centum of the amount of the award, in the following order: "(1) Claims which originally accrued wholly or partly in favor of an American national against a Russian national, on which claims a judgment lien or a warrant of attachment had been obtained prior to November 16, 1933, in a court of the United States or of a State of the United States against such Russian national, which prior to its nationalization by the Soviet Government owned or was entitled to property, moneys, credits, or choses in action in the United States which has or have been collected or recovered by the United States under the Litvinov Assignment, shall be certified to the Secretary of the Treasury and shall first be paid up to the amount of the funds realized by the United States from such collection, provided that the amount so certified in any individual claim shall not exceed the amount of the judgment or of the attachment with interest, and shall not exceed the proceeds of the assets of the respective Russian national against whose assets in the United States the lien was asserted. In the event that such proceeds are insufficient to make payment in full of these claims, payment thereof shall be prorated and paid up to the amount of such proceeds.

"(2) After the payments provided for in paragraph (1) all other allowed claims including the balance of any claims allowed and unpaid under paragraph (1) shall be similarly certified and paid out of any funds collected by the United States under the Litvinov Assignment.

"(3) The balance remaining after the payment of the claims provided for in paragraphs (1) and (2) shall then be paid into the general fund of the United States Treasury. All payments shall be without prejudice to the claims of the United States against the Soviet Government.

"(b) Nothing herein contained shall be construed as an assumption by the United States of any liability to any claimant beyond the extent provided for herein.

"(c) Any claims based on bonds of the Soviet Government or prior governments of Russia or the nationals thereof acquired by claimants for less than their face value shall be allowed by the Commissioner only to the extent of the actual consideration paid therefor: Provided, That, where such bonds were acquired by testamentary or other gift, or inheritance, any claims based thereon may be allowed by the Commissioner in an amount not in excess of the actual consideration last paid therefor.

"(d) The Secretary of the Treasury is authorized and directed to pay, in the order of priority set forth in subsection (a) of this section, an amount not exceeding the principal of each award, plus accrued interest on such awards as bear interest, upon receipt of duly certified copies of the awards made by the

Commissioner. The certification by the Commissioner shall include a statement of the total amount of all claims filed with him in each classification.

"SEC. 12. All payment authorized under section 11 of this Act shall be disbursed from funds heretofore or hereafter collected by the United States pursuant to the Litvinov Assignment, which funds are hereby permanently appropriated for the making of the payments authorized by this Act. "SEC. 13. For the purposes of this Act

"(1) The terms 'Soviet Government' and the Government of the Union of Soviet Socialist Republics,' include the Union of Soviet Socialist Republics, any of its present or former constituent republics, or political subdivisions, and governments prior to the Union of Soviet Socialist Republics, of all or any part of the former Empire of Russia.

"(2) The term 'American national' means any citizen of the United States who had a claim at the time of the Litvinov Assignment.

"(3) The term 'Russian national' includes any corporation, or business association organized under the laws, decrees, ordinances, or acts of the former Empire of Russia or any government successor thereto, and subsequently nationalized or dissolved or whose assets were taken over by the Soviet Government or which was merged with any other corporation or organization by the Soviet Government.

(4) The term Litvinov Assignment' includes the letter dated November 16, 1933, written by Maxim Litvinov to President Roosevelt, wherein the Soviet Government assigned to the United States amounts admitted or found to be due' it as the successor of prior governments of Russia or otherwise, preparatory to a final settlement of the claims outstanding between the two governments and the claims of their nationals, and the letter dated November 16, 1933, from President Roosevelt to Maxim Litvinov, accepting such assignment, and letters written by Serge Ughet, assigning certain amounts and accounts to the United States for the same purpose."

(H. J. Res. 49 is as follows:)

[H. J. Res. 49, 83d Cong., 1st sess.]

JOINT RESOLUTION To amend the joint resolution entitled "Joint resolution to provide for the adjudication by a Commissioner of claims of American nationals against the Government of the Union of Soviet Socialist Republics," approved August 4, 1939 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to provide for the adjudication by a Commissioner of claims of American nationals against the Government of the Union of Soviet Socialist Republics," approved August 4, 1939, is amended

(1) By amending the title to read as follows: "Joint resolution to provide for the adjudication by a Commissioner of claims of American nationals against the Government of the Union of Soviet Socialist Republics arising prior to November 16, 1933, or against a Russian national which prior to its nationalization, › owned or was entitled to property in the United States."

(2) By amending the first paragraph to read as follows:

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to appoint a Commissioner, learned in the law, to determine the validity and amounts of the claims of American nationals against the Government of the Union of Soviet Socialist Republics arising prior to November 16, 1933, or against a Russian national which prior to its nationalization owned or was entitled to property in the United States, which has been collected or was recovered by the United States under the Litvinov Assignment, and to fill any vacancy in the same manner that the original assignment was made." (3) By striking out "$9,000" in section 2 and inserting in lieu thereof "$15,000," and by striking out "$25,000" in section 9 and inserting in lieu thereof "$50,000."

(4) By amending section 4 to read as follows:

(5) By striking out section 10.

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