II 110th CONGRESS 1st Session S. 695 IN THE SENATE OF THE UNITED STATES February 27, 2007 Ms. Snowe (for herself and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the International Claims Settlement Act of 1949 to allow for certain claims of nationals of the United States against Turkey, and for other purposes.

1.

Short title

This Act may be cited as the American-Owned Property in Occupied Cyprus Claims Act.

2.

International Claims Settlement Act

The International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) is amended by adding at the end the following new title: .

3.

Jurisdiction of United States district courts

(a)

In general

Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section:

1370.

Civil actions against private persons by nationals of the United States who own real property in Cyprus

(a)

Jurisdiction

(1)

In general

The district courts shall have original jurisdiction of any covered civil action brought by a national of the United States— (A)who holds title to any property under the laws of Cyprus that is located in that portion of the territory of Cyprus that is occupied by Turkey as the result of the invasion of Cyprus by Turkey on July 20, 1974; and (B)who has been excluded from the property by reason of such occupation. (2)

Recovery

In a covered civil action, a national of the United States may recover the fair rental value of the property that is the subject of such action during the period of use, or occupation of, or benefit from, such property. (b)

Special rules

In any covered civil action brought under this section— (1)process shall be deemed served if service is accomplished in any manner provided under this title; (2)the district court shall not consider the doctrine of forum non conveniens and shall refuse to hear any motion or request by any person or party that the covered civil action be dismissed on the grounds of forum non conveniens; (3)in determining whether the person or party asserting the covered civil action has lawful title, the district court shall apply only the laws of Cyprus; (4)in determining the amount of any award in the covered civil action, the district court shall consider only evidence of the fair rental market value of the property for the period of occupation, use, or benefit by the person against whom the action is brought, as that value would have been calculated in Cyprus if the plaintiff had not been excluded from the property; and (5)the district court shall deduct the amount of any award paid to the plaintiff under title VIII of the International Claims Settlement Act of 1949, or the amount of any judgment for the plaintiff under section 5 of the American-Owned Property in Occupied Cyprus Claims Act, on account of the same use, occupation, or benefit that is the basis of the covered civil action under this section. (c)

Limitation of action

Any covered civil action against a private person under this section may not be brought later than 36 months after the last day of the month in which the private person ceases to use, occupy, or benefit from the property. This subsection applies in lieu of section 1658. (d)

Definitions

As used in this section— (1)the term covered civil action means a civil action against any private person who for any purpose and in any way uses, occupies, or benefits from property described in subsection (a)(1)(A) at any time during the period of the exclusion described in subsection (a)(1)(B); (2)the term Cyprus means the Republic of Cyprus; (3)the term national of the United States means— (A)a natural person who is a citizen of the United States; and (B)a corporation or other legal entity that is organized under the laws of the United States or of any State, the District of Columbia, or the Commonwealth of Puerto Rico, if natural persons who are citizens of the United States own, directly or indirectly, 50 percent or more of the outstanding capital stock or other beneficial interest of such corporation or entity; (4)the term private person means any natural person or legal entity other than Turkey; (5)the term property means any real property or any right or interest in any real property, including any lease to which a national of the United States holds title under the laws of Cyprus; and (6)the term Turkey means— (A)the Republic of Turkey; (B)any agent of the Government of Turkey, or any unincorporated association that purports to discharge any function of a nation-state under the auspices of the Government of Turkey, including the unincorporated association known as the Turkish Republic of Northern Cyprus; (C)any political subdivision, agency, or instrumentality of the Republic of Turkey, including the Turkish Armed Forces; and (D)any organization that purports to be a political subdivision, agency, or instrumentality of the unincorporated association known as the Turkish Republic of Northern Cyprus.

. (b)

Conforming amendment

The table of sections for chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: 1370. Civil actions against private persons by nationals of the United States who own real property in Cyprus. .

4.

Venue

(a)

In general

Chapter 87 of title 28, United States Code, is amended by adding at the end the following new section:

1414.

Venue of civil actions against private persons brought by nationals of the United States who own real property in Cyprus

A covered civil action under section 1370 may be brought only in the United States District Court for the District of Columbia and the United States District Court for the Southern District of New York.

. (b)

Conforming amendment

The table of sections for chapter 87 of title 28, United States Code, is amended by adding at the end the following new item: 1414. Venue of civil actions against private persons brought by nationals of the United States who own real property in Cyprus. .

5.

Action against the Government of Turkey

(a)

Jurisdiction of United States courts

The Government of Turkey shall not be immune from the jurisdiction of the courts of the United States or of the States in any case in which— (1)rights in property of a national of the United States that is occupied by the Government of Turkey in violation of international law are in issue; and (2)that property or any property exchanged for such property— (A)is present in the United States in connection with a commercial activity carried on by the Government of Turkey in the United States; or (B)is owned or operated by an agency or instrumentality of the Government of Turkey and that agency or instrumentality— (i)is engaged in a commercial activity in the United States; or (ii)purchases or otherwise acquires any good or service for which the approval, authorization, or consent of the United States is required by law, by the President, or by any department, agency, or instrumentality of the United States Government. (b)

Applicability of and relationship to foreign sovereign immunities Act

(1)

Applicability

The provisions of chapter 97 of title 28, United States Code, apply to a civil action brought under subsection (a) as if the action were brought under such chapter. (2)

Assertion of independent jurisdiction

The jurisdiction conferred by subsection (a) is in addition to any jurisdiction conferred by chapter 97 of title 28, United States Code. (c)

Deductions of other awards

In any action brought under subsection (a), the court shall deduct from the amount of any judgment the amount of any award paid to the plaintiff under title VIII of the International Claims Settlement Act of 1949, or the amount of any judgment for the plaintiff under section 1370 of title 28, United States Code, on account of the same subject matter that is the basis of the action under this section. (d)

Definitions

In this section— (1)the term Government of Turkey includes all the entities described in subparagraphs (B), (C), and (D) of section 802(7) of the International Claims Settlement Act of 1949; (2)the term agency or instrumentality of the Government of Turkey means any of the entities described in subparagraphs (B), (C), and (D) of section 802(7) of the International Claims Settlement Act of 1949; (3)the term court of the United States has the meaning given that term in section 451 of title 28, United States Code; (4)the terms national of the United States and property have the meanings given those terms in section 802 of the International Claims Settlement Act of 1949; and (5)the term State means each of the several States, the District of Columbia, and any commonwealth territory or possession of the United States.

6.

Effective date

This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.