The Commission continues to have authority under the War Claims Act of 1948, as amended, to receive, determine, and provide for the payment of any further claims that may be filed for maltreatment of U.S. servicemen and civilians held as prisoners of war or interned by a hostile force in Southeast Asia during the Vietnam conflict. In addition, the Commission is frequently called upon to provide advice and assistance to the Department of State and Congressional offices on policy issues involving international claims and proposals for legislation to resolve classes of still-outstanding U.S. citizens' claims.

Because of the institutional knowledge and expertise of the FCSC staff, the Department of the Interior asked for the FCSC's assistance with the Guam War Claims Review Commission, which was established in September 2003 pursuant to Public Law 107-333, approved December 16, 2002. The purpose of the Review Commission was to evaluate the treatment accorded by the U.S. Navy to claims of residents of Guam for death, physical injury, and property loss and destruction during and after the occupation of Guam by Imperial Japanese Forces during World War II, and to determine whether the compensation provided to the people of Guam was comparable to that provided under other claims statutes covering World War II losses.

The Review Commission, composed of five individuals, designated the FCSC's Chairman as its Chairman, and the FCSC staff members conducted investigative research in support of the Review Commission's work. However, it is important to emphasize that this work was totally independent, and that it was carried out solely for the edification of and at the direction of the members of the Review Commission and was in no way identified with or sponsored by either the FCSC or the Department of Justice.

The Review Commission held hearings on Guam in December 2003 to take testimony of survivors of the Japanese occupation concerning their wartime and post-war experiences, and in February 2004 it held a conference in Washington, DC, to hear opinions and insights of legal experts on a variety of war claims-related issues. These efforts eventually culminated in an 82-page written report, with numerous appendices, which the Review Commission submitted on June 9, 2004, to the Secretary of the Interior, the House Committees on Resources and the Judiciary, and the Senate Committees on Energy and Natural Resources and the Judiciary. As provided by law, the Review Commission then went out of existence on July 10, 2004. It is the FCSC's understanding that the Administration has not taken a position on any of the findings and recommendations contained in the Review Commission's report.

The report of the Review Commission is available on the Internet for reading or downloading at: http://www.doi.gov/oia/Stories/warclaim/finalwarclaimrpt/Gumwarclaimsum.htm

The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, Public Law 104-114, known as the "Helms-Burton Act," includes as Title III a provision authorizing U.S. nationals whose Cuban property was confiscated by the Castro regime to bring federal court actions against foreign entities "trafficking" in those properties. The legislation contemplates that, with limited exceptions, the courts hearing these cases will adopt the valuations determined in awards issued by the Commission in its Cuban Claims Program, which it conducted from 1965 to 1972 under Title V of the International Claims Settlement Act of 1949, as amended (22 U.S.C. 1643 et seq.). In the course of that program the Commission certified 5,911 claims as valid, with an aggregate principal value (i.e., not including interest) of over $1.8 billion.

In cases where plaintiffs were not eligible to file claims in the Commission's Cuban Claims Program, the Helms-Burton Act authorized the United States District Courts, beginning in March 1998, to receive those claims and to appoint the Commission as Special Master to make determinations concerning ownership and valuation of the property at issue in the claims. Since the statute's enactment, however, Presidents Clinton and Bush have continually waived the implementation of the right to file Title III actions, citing the need to seek agreement with U.S. trading partners on policy toward Cuba; it remains suspended today.

**A reprint of the Commission's Final Report to Congress on the Cuban Claims Program may be accessed by clicking on the following link:
CubanClaimsReport.pdf (Part 1)
CubanClaimsReport.pdf (Part 2)

As a result of the 1990 invasion and occupation of Kuwait by Iraq, and related events, thousands of United States nationals (U.S. citizens, corporations, and other legal entities) suffered injuries, losses, and damages. Numerous other U.S. nationals also have claims against Iraq that arose prior to Iraq's invasion of Kuwait.

While most claims arising out of Iraq's invasion and occupation of Kuwait have been filed with the United Nations Compensation Commission ("UNCC") in Geneva, Switzerland, no viable forum has yet been provided for resolution of the thousands of claims against Iraq that fall outside the UNCC's jurisdiction ("non-UNCC claims").

In 1996, The Foreign Claims Settlement Commission ("FCSC") allowed United States nationals (private citizens, corporations, and other legal entities) to register these potential non-UNCC claims against the Government of Iraq for breach of contract, loss of and damage to property, physical injury, and other losses. Examples of these potential claims registered with the FCSC include: (1) claims against Iraq that arose prior to Iraq's August 2, 1990, invasion of Kuwait; (2) claims of U.S. military personnel or their survivors, who were prisoners of war of the second Gulf War (claims for inhumane treatment of prisoners of war of the first Gulf War are compensable by the UNCC), as well as Iraq's 1987 attack on the U.S.S. Stark; and (3) claims of private citizens, or their survivors, whose real property was confiscated or who have suffered personal injury. Although the deadline for filing a registration was June 28, 1996, the Commission has continued to maintain a file containing the names and addresses of potential claimants who since then have indicated an interest in pursuing claims against Iraq. Such indications of interest will continue to be accepted and maintained on file.

IT IS IMPORTANT TO NOTE, HOWEVER, THAT THE REGISTRATION OF A POTENTIAL CLAIM OR THE INDICATION OF INTEREST IN PURSUING A CLAIM DOES NOT CONSTITUTE THE FILING OF A FORMAL CLAIM AGAINST IRAQ; NOR DOES SUCH ACTION OTHERWISE HAVE ANY LEGAL FORCE OR EFFECT.

IN THE EVENT A FORMAL CLAIMS ADJUDICATION PROGRAM IS AUTHORIZED, THE COMMISSION WILL FORWARD INSTRUCTIONS FOR THE FORMAL FILING OF CLAIMS TO THE PERSONS WHOSE ADDRESSES ARE IN THE FCSC's REGISTRATION FILE OF POTENTIAL CLAIMANTS.