Page:United States Statutes at Large Volume 56 Part 1.djvu/1087

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56 STAT.] 77TH CONG. , 2 D SESS.-CH. 766-DEC. 18 , 1942 1059 which were not filed with the Agrarian Claims Commission estab- lished pursuant to the agreement between the United States and Mexico effected by exchange of notes signed on November 9 and 3 stat. 2442, 2. November 12, 1938, respectively (hereinafter referred to as the Agrarian Claims Agreement of 1938); (3) Agrarian claims which arose between December 1, 1938, and October 6, 1940, inclusive, and which were not filed with the Agrarian Claims Commission on or before July 31, 1939; (4) All other claims which arose between January 1, 1927, and Other aims. October 6, 1940, inclusive, and which involve international responsi- bility of the Government of Mexico as a consequence of damage to, or loss or destruction of, or wrongful interference with, property of American nationals; except (A) claims predicated upon acts of Mexi- Exceptions. can authorities in relation to petroleum properties; and (B) claims which were not filed with the General Claims Commission prior to August 31, 1927, and which are predicated upon default of payment of the principal or interest on bonds issued or guaranteed by the Government of Mexico; (5) Claims or parts of claims which were filed with the General Claims Commission, and also with the Special Claims Commission, established pursuant to the Convention between the United States and Mexico signed September 10, 1923 (43 Stat. 1722), and with respect to which no final determination on the merits has been made; and (6) Any claim in which a decision was not rendered by the General Claims Commission in conformity with the rules of procedure adopted by such Commission. (b) All claims in the categories specified in subsection (a) may be forincorporations, presented for any losses or damages suffered by American nationals et by reason of losses or damages suffered by any foreign corporation, company, association, or partnership in which such nationals have, or have had, a substantial and bona fide interest: Provided, That in all ice of loss or such cases the claimant shall present to the Commission either an damage. allotment to him by the corporation, company association, or partner- ship of his proportionate share of the loss or damage suffered, or other evidence thereof which is satisfactory to the Commission. (c) All decisions by the Commission with respect to the claims in ais 3 fordecisions. the categories specified in subsection (a) shall be based upon such evidence and written legal contentions as may be presented within such period as may be prescribed therefor by the Commission, and upon the results of such independent investigation with respect to such claims as the Commission may deem it advisable to make; except that with respect to any claim referred to in paragraph (6) of subsection (a), the Commission shall decide the case upon the basis of the record before the General Claims Commission. SEC. 4. (a) The Commission shall also have authority, within its FtIa l decisions in discretion, as hereinafter provided to examine and render final deci- osyfppaied.i sions (1) in those cases in which the two Commissioners designated by the United States and Mexico, respectively, pursuant to the General Claims Protocol between the United States and Mexico signed April 24, 1934 (48 Stat. 1844), failed to reach agreements and the Commis- sioner so designated by the United States made appraisals, and (2) in those cases in which appraisals were made by the Commissioner desig- nated by the United States pursuant to the Agrarian Claims Agree- 53st t 2442 ment of 1938. (b) In connection with such cases, the Commission shall, as soon as Notice to caimnt practicable, notify each claimant, or his attorney, by registered mail to his last-known address, of the appraisals so made. Within a period Atitancor prt- of thirty days after the mailing of such notice, the claimant shall notify the Commission in writing whether the appraisal so made is