Cuba Document Archive | Property Claims

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Foreign Claims Settlement Commission

The Foreign Claims Settlement Commission of the United States (FCSC) is a quasi-judicial, independent agency within the Department of Justice which adjudicates claims of U.S. nationals against foreign governments, under specific jurisdiction conferred by Congress, pursuant to international claims settlement agreements, or at the request of the Secretary of State.

Foreign Claims Settlement Commission

Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States

(Creighton University School of Law & Department of Political Science, 2007)

The resolution of property claim settlements is a prerequisite for the normalization of U.S. Cuba relations under the Cuban Liberty and Democratic Solidarity Act. A research team at Creighton University developed a property claims settlement mechanism that calls for a bilateral Cuba-US Tribunal, which would handle claims by U.S. nationals that have been certified by the Federal Claims Settlement Commission, and a Cuban Special Claims Court, which would handle claims by the Cuban-American exile community. The proposal emphasizes the importance of addressing those legitimate claims made by Cuban citizens on the U.S. for frozen assets, which if not resolved could hinder the development of constructive bilateral relations. The report also includes possible legislative amendments by the U.S. that may need to be taken into consideration, and the socio-economic repercussions of the plans should they be implemented.

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The People of Cuba vs. The Government of the United States of America for Human Damages

(Civil And Administrative Court Of Law At The Provincial People’s Court In Havana City, 1999)

Filed on behalf of numerous Cuban civil society organizations, this claim demands compensation for various crimes against the Cuban people by the U.S. government including terrorism, biological warfare, the use of Guantanamo as an instrument of aggressive policy toward the Island, and 5 years of armed banditry following the revolution that have resulted in death or injury to Cuban citizens.

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Settlement of Outstanding United States Claims to Confiscated Property in Cuba

(U.S. Department of State, 1996)

This report to Congress includes an estimate of the number and amount of claims to property confiscated by the Cuban government that are held by United States nationals; the significance of promptly resolving confiscated property claims to the revitalization of the Cuban economy; a review of assistance that the U.S. could provide to help either a transition government in Cuba to establish mechanisms to resolve property questions including those claims by United States nationals who did not receive or qualify for certification under section 507 of the International Claims Settlement Act of 1949; and an assessment of areas requiring legislative review or action regarding the resolution of property claims in Cuba prior to a change of government in Cuba.

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GAO Letter to Representative Charles Rangel 

March 1994

This General Accounting Office report to the House of Representatives documents the status of claims filed by U.S. nationals against Cuba, of blocked assets in the United States that are held by Cubans, and of trade between Cuba and foreign subsidiaries of U.S. companies. It also provides information on the potential of Cuba as a market for U.S. exports and the effect that lifting the U.S. embargo of Cuba might have on the U.S. government's Caribbean Basin Initiative program.

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