[Federal Register: December 10, 2002 (Volume 67, Number 237)]
[Notices]
[Page 75897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de02-67]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Payments to Persons Who Hold Certain Categories of Judgments
Against Cuba or Iran
AGENCY: Department of the Treasury; Office of Foreign Assets Control.
ACTION: Notice.
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SUMMARY: This notice specifies a widening of the scope of eligibility
for payment under Section 2002 of the Victims of Trafficking and
Violence Protection Act of 2000, Pub. L. No. 106-386 (``Section
2002''), that has resulted from an amendment to Section 2002. Section
2002 directs the Secretary of the Treasury to make payments to persons
who hold certain categories of judgments against Cuba or Iran in suits
brought under 28 U.S.C. 1605(a)(7).
This notice also provides updated telephone numbers for contact
persons at the Department of the Treasury.
DATES: This Notice is effective December 10, 2002.
FOR FURTHER INFORMATION CONTACT: For questions regarding submission of
applications, Rochelle E. Stern, Chief, Policy Planning and Program
Management Division, Office of Foreign Assets Control, can be reached
at 202-622-2500 (not a toll free call). For legal questions, call the
Office of the Chief Counsel (Foreign Assets Control) at 202-622-2410
(not a toll free call).
SUPPLEMENTARY INFORMATION: On November 22, 2000, at 65 FR 70382, the
Office of Foreign Assets Control, Department of the Treasury, published
a Federal Register Notice (``November Notice'') specifying the
procedures necessary for persons to establish their eligibility for
payments authorized by Section 2002. The November Notice specified
information and documentation that applicants must submit to establish
eligibility. Part 2(e) of the November Notice implements Section
2002(a)(2) by providing that an applicant for payment under Section
2002 must meet one of two alternative requirements. To meet the first
requirement, Part 2(e)(1) of the November Notice provides that the
applicant must establish that he or she had, as of July 20, 2000, a
final judgment for a claim brought under 28 U.S.C. 1605(a)(7) against
Iran or Cuba. For those applicants who do not satisfy the requirements
of Part 2(e)(1), Part 2(e)(2) of the November Notice requires the
submission of satisfactory proof of the date on which applicants filed
suit against Iran or Cuba under 28 U.S.C. 1605(a)(7), and it lists the
five dates upon which applicants must have filed suit in order to be
eligible for payment. Such applicants must also establish that they
have final judgments in these suits.
On September 30, 2002, Section 2002 was amended by Section 686 of
Pub. L. No. 107-228. The amendment of Section 2002(a)(2)(A)(ii)
replaced ``or July 27, 2000'' with ``June 6, 2000, July 27, 2000, or
January 16, 2002'', adding two additional dates for the filing of suits
by persons eligible for payment under Section 2002.
Accordingly, Part 2(e)(2) of the November Notice is amended to read
as follows:
(2) If an applicant does not satisfy paragraph (1) above, the
applicant shall submit satisfactory proof of the date on which the
applicant filed a suit against Iran or Cuba under 28 U.S.C.
1605(a)(7). This proof shall be in the form of a docket sheet or
other document that has been certified by the clerk of the court in
which the suit was filed. Applicants proceeding under this paragraph
shall be eligible for payment only if suit was filed on February 17,
1999, December 13, 1999, January 28, 2000, March 15, 2000, June 6,
2000, July 27, 2000, or January 16, 2002. The applicant must also
establish that he or she has a final judgment in this suit by
submitting the judgment specified in Part 2(b) above, along with all
appellate orders on that judgment, if any, and a signed statement
demonstrating why further appellate review is unavailable.
Dated: November 7, 2002.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: November 20, 2002.
Kenneth Lawson,
Assistant Secretary (Enforcement), Department of the Treasury.
[FR Doc. 02-31212 Filed 12-6-02; 2:24 pm]
BILLING CODE 4810-25-P