[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18365-18366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06874]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission
Commencement of Iraq Claims Adjudication Program
AGENCY: Foreign Claims Settlement Commission of the United States.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the commencement by the Foreign Claims
Settlement Commission (``Commission'') of a program for adjudication of
a certain category of claims of United States nationals against the
Government of Iraq, as defined below, which were settled under the
``Claims Settlement Agreement Between the Government of the United
States of America and the Government of the Republic of Iraq,'' dated
September 2, 2010 (``Claims Settlement Agreement'').
DATES: These claims can now be filed with the Commission and the
deadline for filing will be June 26, 2013. The deadline for completion
of this claims adjudication program will be March 26, 2014.
FOR FURTHER INFORMATION CONTACT: Brian M. Simkin, Chief Counsel,
Foreign Claims Settlement Commission, 600 E Street NW., Room 6002,
Washington, DC 20579, Tel. (202) 616-6975, FAX (202) 616-6993.
Notice of Commencement of Claims Adjudication Program, and of Program
Completion Date
Pursuant to the authority conferred upon the Secretary of State and
the Commission under section 4(a)(1)(C) of Title I of the International
Claims Settlement Act of 1949, as amended (22 U.S.C. 1623(a)(1)(C)),
the Foreign Claims Settlement Commission hereby gives notice of the
commencement of a program for adjudication of a category of claims of
United States nationals against the Government of Iraq. These claims,
which have been referred to the Commission by the Department of State
by letter dated November 14, 2012, are defined as:
claims of U.S. nationals for compensation for serious personal
injuries knowingly inflicted upon them by Iraq \1\ in addition to
amounts already recovered under the Claims Settlement Agreement for
claims of hostage-taking \2\ provided that (1) the claimant has
already received compensation under the Claims Settlement Agreement
from the Department of State \3\ for his or her claim of hostage-
taking, and such compensation did not include economic loss based on
a judgment against Iraq, and (2) the Commission determines that the
severity of the serious personal injury suffered is a special
circumstance warranting additional compensation. For purposes of
this referral, ``serious personal injury'' may include instances of
serious physical, mental, or emotional injury arising from sexual
assault, coercive interrogation, mock execution, or aggravated
physical assault.
\1\ For purposes of this referral, ``Iraq'' shall mean the
Republic of Iraq, the Government of the Republic of Iraq, any agency
or instrumentality of the Republic of Iraq, and any official,
employee or agent of the Republic of Iraq acting within the scope of
his or her office, employment or agency.
\2\ Hostage-taking, in this instance, would include unlawful
detention by Iraq that resulted in an inability to leave Iraq or
Kuwait after Iraq invaded Kuwait on August 2, 1990.
\3\ The payment already received by the claimant under the
Claims Settlement Agreement compensated the claimant for his or her
experience for the entire duration of the period in which the
claimant was held hostage or was subject to unlawful detention and
encompassed physical, mental, and emotional injuries generally
associated with such captivity or detention.
---------------------------------------------------------------------------
In conformity with the terms of the referral, the Commission will
determine the claims in accordance with the provisions of Title I of
the International Claims Settlement Act of 1949, as amended, 22 U.S.C.
1621 et seq. The Commission will then certify to the Secretary of the
Treasury those claims that it finds to be valid, for payment out of the
claims fund established under the Claims Settlement Agreement.
The Commission will administer this claims adjudication program in
accordance with its regulations, which are published in Chapter V of
Title 45, Code of Federal Regulations (45 CFR 500 et seq.). In
particular, attention is directed to 45 CFR 500.3(a), which limits the
amount of attorney's fees that may be charged for legal representation
before the Commission pursuant to 22 U.S.C. 1623(f). These regulations
are also available at http://www.gpoaccess.gov/cfr/index.html.
Approval has been obtained from the Office of Management and Budget
for the collection of this information.
[[Page 18366]]
Approval No. 1105-0098, expiration date March 31, 2016.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2013-06874 Filed 3-25-13; 8:45 am]
BILLING CODE 4410-BA-P