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.

542.1 Method of payment.

542.2 Reinvestments in Philippines. 542.3 Definitions.

542.4 Predecessor in interest.

542.5 Withholding of certifications for payments.

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 op

tion 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.

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]

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.

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 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) All claims, briefs, and memoranda filed shall be typewritten or printed and if typewritten, shall be on legal size paper.

§ 560.4 Acknowledgment 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.

§ 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:

§ 581.5(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(J) (1) In case a claimant dies prior to the issuance of a Final Decision his legal representative shall promptly fille 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 Gov

ernment of Canada enters into an agree→ ment 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.

580.4 580.5

claim.

Acknowledgment and numbering.
Small business concerns.

580.6 Claims by corporation in excess of $10,000.

580.7 Procedure for determination of claims. 580.8 Hearings.

AUTHORITY: The provisions of this Part 580 issued under secs. 2, 103, 62 Stat. 1240, 76 Stat. 1112, 50 U.S.C. App. 2001, 2017n.

SOURCE: The provisions of this Part 580 appear at 28 F.R. 13501, Dec. 13, 1963, unless otherwise noted.

§ 580.1 Time for filing.

Claims under Title II of the War Claims Act of 1948, as amended by Public Law 87-846, shall be filled with the Commission on or before January 15, 1955.

[29 F.R. 9539, July 14, 1964]

§ 580.2 Form, content and filing of claims.

(a) Claims shall be filed on 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 846), 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 of an intention to file a claim for World War II losses, shall not be considered as a timely filing of a claim under Public Law 87-846.

(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.

§ 580.3 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 original documents certified as such by their public or other official custodian.

(b) Documents in foreign language. Each copy of a document, exhibit or paper filled, which is written 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.

§ 580.4 Acknowledgment and numbering.

The Commission will acknowledge the receipt of a claim 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.

§ 580.5

Small business concerns.

Any corporation or commercial entity for the purpose of receiving priority payment from the Secretary of the Treasury under section 213(a) of the War Claims Act of 1948, as amended, must so indicate on the official claim form (FCSC Form 846). In due course, the Foreign Claims Settlement Commission will request the director, Office of Small Business Size Standards, to determine the size status of such claimant pursuant to such rules and regulations as may be promulgated by that office, provided that the claimant qualifies under section 202(a) of the War Claims Act of 1948, as amended. § 580.6 Claims by corporation in excess of $10,000.

A statement under oath is required from corporations filing claims in excess of $10,000, disclosing the aggregate amount of Federal tax benefits derived

by such corporation in any prior tax year or years resulting from any deduction or deductions claimed for the loss or losses with respect to which such claim is filed. Pursuant to the Act, such Federal tax benefits shall be the aggregate of the amounts by which the claimants' taxes for such year or years under chapters 1, 2A, 2B, 2D and 2E of the Internal Revenue Code of 1939 (53 Stat. 4), or subtitle A of the Internal Revenue Code of 1954 (68A Stat. 4, 26 U.S.C. 1 et seq.) were decreased by reason of such loss or losses.

§ 580.7 Procedure for determination of claims.

The procedures set forth under § 531.5, Subchapter C of this chapter, shall be applicable to claims filed pursuant to Title II of the War Claims Act of 1948, as amended by Public Law 87-846. [30 FR. 13870, Nov. 2, 1965]