Page:United States Statutes at Large Volume 110 Part 1.djvu/843

 PUBLIC LAW 104-114 —MAR. 12, 1996 110 STAT. 819 the amount of the recovery and the amount of the certified claim; and (iii) if there is no recovery in the action, the United States national may receive payment on the certified claim under a claims agreement described in clause (i) to the same extent as any certified claimant who does not bring an action under this section. (B) In the event some or all actions brought under this section are consolidated by judicial or other action in such manner as to create a pool of assets available to satisfy the claims in such actions, including a pool of assets in a proceeding in bankruptcy, every claimant whose claim in an action so consolidated was certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 shall be entitled to payment in full of its claim from the assets in such pool before any payment is made from the assets in such pool with respect to any claim not so certified. (g) DEPOSIT OF EXCESS PAYMENTS BY CUBA UNDER CLAIMS AGREEMENT.— Any amounts paid by Cuba under any agreement entered into between the United States and Cuba settling certified claims under title V of the International Claims Settlement Act of 1949 that are in excess of the payments made on such certified claims after the application of subsection (f) shall be deposited into the United States Treasury. (h) TERMINATION OF RIGHTS.— (1) IN GENERAL. —Al l rights created under this section to bring an action for money damages with respect to property confiscated by the Cuban Government— (A) may be suspended under section 204(a); and (B) shall cease upon transmittal to the Congress of a determination of the President under section 203(c)(3) that a democratically elected government in Cuba is in power. (2) PENDING SUITS.— The suspension or termination of rights under paragraph (1) shall not affect suits commenced before the date of such suspension or termination (as the case may be), and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if the suspension or termination had not occurred. (i) IMPOSITION OF FILING FEES. — The Judicial Conference of the United States shall establish a uniform fee that shall be imposed upon the plaintiff or plaintiffs in each action brought under this section. The fee should be established at a level sufficient to recover the costs to the courts of actions brought under this section. The fee under this subsection is in addition to any other fees imposed under title 28, United States Code. SEC. 303. PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED PROP- 22 USC 6083. ERTY. (a) EVIDENCE OF OWNERSHIP. — (1) CONCLUSIVENESS OF CERTIFIED CLAIMS. —In any action brought under this title, the court shall accept as conclusive proof of ownership of an interest in property a certification of a claim to ownership of that interest that has been made by the Foreign Claims Settlement Commission under title V

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