FEDERAL AGENCY:

OFFICE OF THE LEGAL ADVISER, DEPARTMENT OF STATE

AUTHORIZATION:

Section 3 of Article II of the Constitution of the United States delegates powers and duties to the President upon which the authority to act is based and transferred to the Secretary of State.

To resolve, or assist in resolving, valid claims of United States nationals against foreign governments.

TYPES OF ASSISTANCE:

Provision of Specialized Services. Place Cursor Here for Definition

USES AND USE RESTRICTIONS:

At the discretion of the Secretary of State, the United States government can provide various types of assistance to United States nationals in resolving their claims against foreign governments. A claim may result from any one of a number of situations in which a United States national has been injured by a foreign government in violation of international law. Types of assistance can include, as appropriate, assisting claimants who are seeking to negotiate a settlement of their claims with foreign governments; raising claims directly with foreign governments through diplomatic channels; and encouraging governments to agree to arbitration of the claim or to establish claims settlement programs. In very limited situations, the United States government may espouse a claim. When a claim is espoused, it becomes the claim of the United States, which the United States may pursue or settle at its discretion.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   Assistance is generally available only to a United States national who has demonstrated that: (1) the claim was owned by United States national continuously from the time the claim arose; (2) all local administrative and judicial remedies in the foreign country have been exhausted or submitted evidence that to do so would be futile; and (3) its claim resulted from a violation of international law attributable to the foreign government.

Beneficiary Eligibility:   United States nationals.

Credentials/Documentation:   Applicants must submit persuasive and credible evidence that they meet the eligibility requirements set forth in the applicant eligibility section of this program. Applicants must also submit documents and other evidence to substantiate the facts relevant to their claim.

Pre-application Coordination:   Potential applicants are invited to discuss possible claims prior to submitting documentation. This program is excluded from coverage under E.O. 12372.

Application Procedure:   Initial inquiries relating to property claims should include the following information: (1) the means by which (e.g. birth in the United States, naturalization, etc.) and the date on which, the applicant acquired United States nationality; (2) a description of the property or other basis for the claim; (3) the date on which the applicant acquired ownership of the property; (4) if other than the applicant, the identity and nationality of the owner of the property at the time the claim arose; (5) the identity and nationality of any subsequent owner(s) of the property; (6) the action(s) taken against the property or otherwise giving rise to the claim (including an identification of relevant laws, decrees, governmental agencies and government officials) of a violation of international law, and the date(s) on which such action(s) occurred; (7) the steps taken by the applicant to pursue all local and administrative and judicial remedies in the foreign country; and, (8) the nature and amount of any and all losses to the applicant resulting from the action(s) giving rise to the claim. Initial inquiries relating to death or personal injury claims should include the following information: (1) the means by which (e.g. birth in the United States, naturalization, etc.), and the date on which, the applicant acquired United States nationality, (2) for death claims, the deceased's nationality; (3) for death claims, the relationship of the applicant to the deceased; (4) the date on which, and the circumstances under which, the death or injury occurred (including an identification of the persons, officials or agencies causing the injury or death); (5) for personal injury claims, the nature and extent of the injury suffered; and, (6) the nature and amount of any and all losses to the applicant resulting from the death or injury.

Award Procedure:   Actual payment in settlement of a claim is generally the responsibility of the foreign government, not the United States. In the case of an espoused claim, the United States government will accept and disburse the funds pursuant to 22 U.S.C 2668a.

Deadlines:   For claims in any particular international claims forum, specific deadlines will apply, otherwise unlimited. Applicants should be aware that international law establishes a general limitation on the time allowed for bringing claims arising under international law.

Range of Approval/Disapproval Time:   Requests for assistance are acknowledged as soon as possible.

Appeals:   Not applicable.

Renewals:   Not applicable.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   Not applicable.

Length and Time Phasing of Assistance:   Unlimited.

POST ASSISTANCE REQUIREMENTS:

Reports:   None.

Audits:   None.

Records:   None.

FINANCIAL INFORMATION:

Account Identification:   19-0113-0-1-153.

Obligations:   Not separately identifiable.

Range and Average of Financial Assistance:   Unlimited.

During fiscal year 2001, millions of dollars were awarded to U.S. claimants by the the United Nation's Compensation Commission against Iraq. It is estimated that millions of dollars more will be awarded in fiscal years 2002 and 2003.

REGULATIONS, GUIDELINES, AND LITERATURE:

International law defines the levels of appropriate compensation.

INFORMATION CONTACTS:

Regional or Local Office:   None.

Headquarters Office:   Mark A. Clodfelter, Assistant Legal Adviser for International Claims and Investment Disputes, Office of the Legal Adviser, Suite 203, South Building, 2430 E St., NW., Washington, DC 20037-2800. Telephone: (202) 776-8360.

Web Site Address:   http://www.state.gov/s/l/c3433.htm

EXAMPLES OF FUNDED PROJECTS:

Not applicable.

CRITERIA FOR SELECTING PROPOSALS:

Not applicable.