Unpaid Foreign Claims
The Foreign Claims Awards are certified to the Department of the Treasury for payment by the Foreign Claims Settlement Commission (FCSC), an independent quasi-judicial federal agency, which is administratively a component of the U.S. Department of Justice.
The FCSC determines the validity and valuation of claims of U.S. nationals for loss of property in foreign countries, as authorized by Congress or following government-to-government settlement agreements.
These losses can occur as either a result of nationalization of property by foreign governments or from damage to or loss of property as a result of military operations, or injury to both civilian and military personnel.
The Department of the Treasury’s role is to ensure that the FCSC claimants receive the proper payment amount as authorized in the public law that governs each Foreign Claims Program.
Under the War Claims Act of 1948, the Foreign Claims Settlement Commission (FCSC) and its predecessor, the War Claims Commission, were authorized to administer ten prisoner-of-war and civilian internee compensation programs and four war damage and loss compensation programs.
Funds for the payment of claims and administrative expenses in all but three of the programs conducted under the War Claims Act were derived from the liquidation of Japanese and German assets. The assets were under the control of the Attorney General of the United States and had been blocked and vested in the United States during World War II under the Trading With the Enemy Act.
In 1981 the FCSC completed a program to determine the validity and amount of claims against the German Democratic Republic (GDR) for losses which arose from the nationalization or other taking by that government of property interests of nationals of the United States.
The FCSC granted awards to 2,437 claimants and a settlement agreement, which provided funds for the payment of the awards, was concluded with the Federal Republic of Germany on May 13, 1992. The Department of the Treasury, Financial Management Service (now the Bureau of the Fiscal Service), began advising claimants on the status of the program on September 25, 1992.
In 1986 the Foreign Claims Settlement Commission (FCSC) completed a program to determine the validity and amount of claims against the Socialist Republic of Vietnam that resulted from the nationalization or other taking of property on or after April 29, 1975, when the Government of the Republic of Vietnam (South Vietnam) was overthrown.
The FCSC granted awards to 192 claimants, and a settlement agreement that provided funds for the payment of the awards was concluded with the Socialist Republic of Vietnam on January 28, 1995. The Department of the Treasury, Financial Management Service (now Bureau of the Fiscal Service), began advising claimants on the status of the program and issuing payments in 1995.
The Foreign Claims Settlement Commission (FCSC) is currently adjudicating claims of U.S. nationals against Libya under the terms of the Claims Settlement Agreement of August 14, 2008, between the United States of America and the Great Socialist People’s Libyan Arab Jamahiriya.
The Agreement was implemented under the Libyan Claims Resolution Act, Pub. L. 110-301 and Executive Order 13477 dated October 31, 2008, and referred to the Commission by the U.S. Department of State by letters dated December 11, 2008, and January 15, 2009, under 22 U.S.C. 1623(a)(1)(c). The Commission is currently processing claims which qualify under both the December 11, 2008, and January 15, 2009, referral letters.
Awards that are approved by the FCSC are subsequently certified to the U.S. Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service) for payment.
The Fiscal Service is currently disbursing awards based on claims which qualify under the U.S. Department of State referrals letters and which have been adjudicated and approved by the FCSC. Acceptance and approval of claims under the Libya Claims Program is the sole responsibility of the FCSC.
If you believe that you are entitled to any of these War Claims, please contact us for an appointment.