(a) A properly completed and executed application made on an official form provided by the Commission for such purpose constitutes a claim and will be processed under the laws administered by the Commission.

(b) Claims must be legibly prepared in the English language and submitted in duplicate.

§ 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 acknowledgment of claims.

(a) Claim deemed received: A claim 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.

(d) A receipt acknowledgment, 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.

§ 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 F.R. 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.

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.

§ 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.

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 option 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.

(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.

§ 542.5 Withholding of certifications for

Sec.

543.7 Action by the Commission.
543.8 Application of other regulations.

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] § 543.3

Notification to claimant.

Upon receipt of a request the Commission shall schedule a hearing and notify the claimant as to the date and place such hearing is to be held. No later than 10 days prior to the scheduled hearing date, claimant shall submit all documents, briefs, or other additional evidence relative to an appeal from the award.

§ 543.4 Failure to file request for hearing.

The failure to file a request for a hearing within the period specified in § 543.2 will be deemed to constitute a waiver of right to such hearing and the decisions of the Commission shall constitute a full and final disposition of the case. § 543.5 Purpose of hearing.

(a) 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.

(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.

§ 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:

531.5(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 filled, 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(1) (1) In case a claimant dies prior to the issuance of a Final Decision his legal representative shall promptly file 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 Government of Canada enters into an agreement 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.