{"database": "openregs", "table": "congressional_record", "rows": [["CREC-1996-10-21-pt1-PgS12441", "1996-10-21", 104, 2, null, null, "REPORT CONCERNING THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY [LIBERTAD] ACT OF 1996", "SENATE", "SENATE", "ALLOTHER", "S12441", "S12442", "[{\"name\": \"Jesse Helms\", \"role\": \"speaking\"}]", null, "142 Cong. Rec. S12441", "Congressional Record, Volume 142 Issue 143 (Monday, October 21, 1996)\n\n[Congressional Record Volume 142, Number 143 (Monday, October 21, 1996)]\n[Senate]\n[Pages S12441-S12442]\nFrom the Congressional Record Online through the Government Publishing Office [www.gpo.gov]\n\n     REPORT CONCERNING THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY\n                         [LIBERTAD] ACT OF 1996\n\n Mr. HELMS. I wish to bring to my colleagues' attention a\nreport submitted by the Secretary of State on ``The Settlement of\nOutstanding United States Claims to Confiscated Property in Cuba'' as\nmandated by Public Law 104-114, the Cuban Liberty and Democratic\nSolidarity [LIBERTAD] Act, and I ask that it be printed in the Record.\n  The report follows:\n\n                                          Department of State,\n\n                               Washington, DC, September 27, 1996.\n     Hon. Jesse Helms,\n     Chairman, Foreign Relations Committee, U.S. Senate.\n       Dear Mr. Chairman: In accordance with the provisions of the\n     Cuban Liberty and Democratic Solidarity Act of 1996, we are\n     filing with the Senate Foreign Relations Committee the report\n     entitled the Settlement of Outstanding United States Claims\n     to Confiscated Property in Cuba, required by Section 207 of\n     the Act.\n       Copies of this document are also being filed with the House\n     International Relations Committee, the Senate Appropriations\n     Committee and the House Appropriations Committee.\n       Please do not hesitate to contact us if you have any\n     questions on this issue or on any other matter.\n           Sincerely,\n\n                                               Barbara Larkin,\n\n                                              Assistant Secretary,\n                                              Legislative Affairs.\n       Enclosure: Section 207 report.\n\nSettlement of Outstanding United States Claims to Confiscated Property\n                                in Cuba\n\n    (Report to Congress Under Section 207 of the Cuban Liberty and\n                   Democratic Solidarity Act of 1996)\n\n       Section 207 of the Cuban Liberty and Democratic Solidarity\n     (LIBERTAD) Act of 1996 requires the Secretary of State to\n     ``provide a report to the appropriate congressional\n     committees containing an assessment of the property dispute\n     question in Cuba.'' Pursuant to section 207(a), included in\n     this report are the following areas of review:\n       An estimate of the number and amount of claims to property\n     confiscated by the Cuban government that are held by United\n     States nationals in addition to those claims certified under\n     section 507 of the International Claims Settlement Act of\n     1949, 22 U.S.C. 1643f;\n       An assessment of the significance of promptly resolving\n     confiscated property claims to the revitalization of the\n     Cuban economy;\n       A review and evaluation of technical and other assistance\n     that the United States could provide to help either a\n     transition government in Cuba or a democratically elected\n     government in Cuba establish mechanisms to resolve property\n     questions;\n       An assessment of the role and types of support the United\n     States could provide to help resolve claims to property\n     confiscated by the Cuban government that are held by United\n     States nationals who did not receive or qualify for\n     certification under section 507 of the International Claims\n     Settlement Act of 1949; and\n       An assessment of any areas requiring legislative review or\n     action regarding the resolution of property claims in Cuba\n     prior to a change of government in Cuba.\n\n                           estimate of claims\n\n       Under the Cuban Claims Program, established by Title V of\n     the International Claims Settlement Act of 1949, as amended\n     in 1964, 8,816 claims were filed with the Foreign Claims\n     Settlement Commission (FCSC). In 1972, the FCSC completed its\n     Cuban claims program and certified 5,911 claims against the\n     Cuban Government. The value of these claims was originally\n     $1.8 billion, but is now estimated with interest to be\n     approximately $6 billion.\n       No systematic accounting has ever been done for claims of\n     U.S. nationals in addition to those claims cetified under the\n     FCSC's Cuban Claims Program. Virtually all such claims are\n     held by individuals and companies that were not U.S.\n     nationals or entities at the time of the loss. Based on the\n     approximately 1.5 million Cuban-Americans in the United\n     States and the U.S. government's previous experience with\n     claims resolution, we would estimate that there may be from\n     75,000 to 200,000 such claims. It is more difficult still to\n     estimate the value of these claims, but it could run easily\n     into the tens of billions of dollars.\n\n         significance of prompt resolution to the cuban economy\n\n       The prompt resolution of confiscated property claims is\n     essential to the revitalization of the Cuban economy under a\n     transition or democratic government. Cuba's recovery from\n     decades of economic mismanagement will require the creation\n     of a climate friendly to investment, and a clear commitment\n     to property rights is indispensable for creating such a\n     climate. Progress in resolving uncompensated claims will\n     serve as a signal to new investors, foreign and domestic,\n     that transition and democratic governments understand and\n     respect the importance of private property.\n       It will also be particularly critical to clear up questions\n     concerning title to commercial properties that play, or could\n     play, major roles in Cuba's economy. Delays in doing so will\n     almost certainly delay investment necessary to continue,\n     restore and/or upgrade operations at commercial facilities.\n     Delays of this kind would constitute serious setbacks to a\n     new government's efforts to increase employment and restore\n     the country's fiscal health.\n       Beyond building confidence in Cuba among potential new\n     investors, the process of claims resolution, if carried out\n     creatively and effectively, may itself generate investment in\n     Cuba by the holders of claims. Negotiating a resolution of\n     certified claims will be an important step. Holders of\n     certified U.S. claims in Cuba include some of the United\n     States' largest and most successful corporations, many of\n     which may be interested in renewing their involvement in Cuba\n     under the right conditions. Resolution of non-certified\n     claims will also be important to attracting new investment.\n       While prompt resolution of property claims is essential, it\n     will not be easy. Experience in other countries making the\n     transition from Marxist to market economies has shown that\n     resolution of most expropriation claims can take several\n     years, even when governments move expeditiously to set up the\n     proper mechanisms to do so. While they are engaged in these\n     efforts, these new governments have also been faced with a\n     myriad of other political and economic challenges. The United\n     States' goal in these transitions has been--as it will be in\n     Cuba--to help the new governments maintain stability,\n     overcome these many challenges and firmly establish\n     democratic governments and market economies. Within this\n     broader context, and balancing objectives when necessary,\n     prompt resolution of property claims is a priority for the\n     U.S. government, both in order to protect the interests of\n     U.S. claimants and to stimulate investment in a new Cuba.\n\n          assistance and support for resolving property claims\n\n       Consistent with long-standing practice and international\n     law, the United States would expect to assist U.S. nationals\n     with claims against the Government of Cuba. One aspect of\n     such assistance may be the negotiation of a lump-sum\n     settlement of certified claims, as forseen by the FCSC's\n     Cuban Claims Program under Title V of the International\n     Claims Settlement Act. The timing of any such negotiation\n     cannot be predicted now.\n       Resolution of non-certified property claims and disputes in\n     Cuba could be facilitated by technical and other assistance\n     from the U.S. government. Programs of this kind could assist\n     officials of a transition or democratic Cuban government in\n     the development of policy alternatives, formulation of legal\n     and administrative mechanisms, public education campaigns and\n     institution-building. Such assistance may enhance the\n     government's ability to resolve claims and thereby improve\n     claimants' prospects of obtaining compensation or restitution\n     for confiscated property. Assistance in this area could\n     include help in interpreting and evaluating the experience of\n     other countries in resolving property issues, assessing the\n     potential impact of various alternatives, and training\n     officials in consensus-building processes in Cuba. In one\n     instance, a U.S. technical adviser worked with a government's\n     ministry of finance to develop a compensation program based\n     on indemnification bonds.\n       American assistance would reflect the lessons learned from\n     major property disputes with respect to governments in\n     transition to democracy. Elements of a successful claims\n     resolution strategy include:\n       Rapid establishment of a legal framework for property\n     ownership.\n       An administrative process for claims resolution that is\n     centralized, transparent and simple.\n       A credible and fair system for payment of compensation to\n     legitimate prior owners where restitution is not provided.\n       Effective enforcement of both restitution and the payment\n     of compensation from national treasury reserves.\n       U.S. assistance and support for resolving property claims\n     might therefore include the following elements:\n       U.S. technical advisers could assist in the drafting of\n     legislation and supporting regulations which are essential to\n     creating a functioning compensation program. Some elements of\n     a program might include establishing legal bases for\n     arbitration mechanisms, creating financial instruments and\n     other reforms to underpin compensation schemes, and\n     suggesting property titling or registration reforms related\n     to providing secure and transferable ownership rights of both\n     claimants and individuals in Cuba.\n       U.S. experts could review for a democratic or transitional\n     government in Cuba the institutional support required for\n     resolving\n\n[[Page S12442]]\n\n     property disputes. This could include an assessment of the\n     best institutional practices developed elsewhere, and\n     development of the information and administrative systems\n     necessary for effective implementation. Key to getting such a\n     program started could be various sorts of training, advice\n     regarding information systems, hardware and software,\n     property surveying and registration systems, and assessing\n     operational, management and staffing costs for\n     administration.\n       U.S. advisers could help in the development of a plan for\n     educating the Cuban public about the nature and basis of such\n     a system. Such a program could require a significant\n     commitment of effort and resources by a future Cuban\n     government and the U.S. government. This effort could focus\n     on gauging public opinion and identifying concerns and issues\n     of potential stake holders in the reconciliation process to\n     ensure policy and legal solutions are responsive.\n       Intenational financial institutions could develop and carry\n     out programs with similar goals and along these lines.\n       Various agencies of the U.S. government may be available to\n     provide such assistance. For instance, the FCSC may be able\n     to offer technical assistance to a transition or democratic\n     government in Cuba, as well as to interested NGOs and\n     independent organizations, in the efforts to resolve property\n     disputes. Such assistance could include advice on structuring\n     a claims adjudication or arbitration mechanism is Cuba,\n     assistance in devising procedures for collecting, hearing and\n     disposing of the claims, and advice on principles to follow\n     in resolving claims involving property that has been\n     substantially altered subsequent to being taken.\n\n           assisting u.s. nationals without certified claims\n\n       Assisting a democratic or transition government in its\n     efforts to establish an efficient property resolution\n     mechanism will directly support the efforts of non-certified\n     claimants to obtain compensation in Cuba. In addition, the\n     U.S. government may provide various forms of support to U.S.\n     nationals wishing to present claims to such a domestic Cuban\n     body. Such support could include ensuring that interested\n     persons obtain the necessary papers to file their claims;\n     encouraging a transition or democratic government to resolve\n     such claims promptly and effectively; monitoring the progress\n     of claims settlement and, where necessary, offering creative\n     solutions to difficult problems; and providing informal\n     assistance to claimants seeking to understand the process and\n     present a claim. In the case of Central and Eastern Europe,\n     for instance, the U.S. government--principally through the\n     special envoy for property claims in the region--has actively\n     promoted the resolution of claims arising from both Nazi\n     confiscations and Communist nationalizations.\n\n                           legislative review\n\n       At this time, there are no areas requiring further\n     legislative action regarding the resolution of property\n     claims in Cuba prior to a change of government in Cuba. Once\n     a transition or democratic government comes to power in Cuba,\n     however, it will be important for the Administration and\n     Congress to consult closely as conditions change in Cuba to\n     assist in the resolution of property claims in Cuba in a\n     manner that contributes both to the development of a strong\n     bilateral relationship with a democratic Cuba and to Cuba's\n     economic recovery.\n\n                          ____________________"]], "columns": ["granule_id", "date", "congress", "session", "volume", "issue", "title", "chamber", "granule_class", "sub_granule_class", "page_start", "page_end", "speakers", "bills", "citation", "full_text"], "primary_keys": ["granule_id"], "primary_key_values": ["CREC-1996-10-21-pt1-PgS12441"], "units": {}, "query_ms": 0.7735860999673605, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}