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Cablegate: Nicaragua: Amcit Property Claims Monthly Update: September

VZCZCXYZ0001
RR RUEHWEB

DE RUEHMU #1242/01 2841700
ZNR UUUUU ZZH
R 101700Z OCT 08
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 3239
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 001242

STATE FOR WHA/CEN, EB/IFD/OIA, AND L/CID
STATE ALSO FOR WHA/EPSC
STATE PASS TO USTR
TREASURY FOR INL AND OWH

SIPDIS

E.O. 12958: N/A
TAGS: EINV ECON USTR KIDE NU
SUBJECT: NICARAGUA: AMCIT PROPERTY CLAIMS MONTHLY UPDATE: SEPTEMBER
2008

REF:(C) MANAGUA 1084

SUMMARY
-------

1. In September 2008, the Government of Nicaragua (GON) did not
report the resolution of any Embassy registered property claims.
There remain 621 unresolved registered property claims belonging to
296 Amcits in the Embassy's data base. On September 25, U.S.
citizen Norman Senfeld received the first payment of $2.5 million in
the form of indemnification bonds ("bonos de pago de indemnizacion"
or BPIs). To date, the overwhelming majority of resolutions have
involved compensation via government-issued BPIs. As of August 31,
2008, the GON had issued BPIs with a face value of $333,975,518.06
to Embassy-registered claimants. Since taking office in January
2007, the Ortega administration has resolved 52 claims, five during
the 2008-2009 waiver year.

NO RESOLUTIONS IN SEPTEMBER
---------------------------

2. The GON did not resolve any U.S. citizen claims registered with
the Embassy Property Office in September of the 2008-2009 waiver
year.

SENFELD RECEIVES BONDS
----------------------

3. On September 25, 2008, U.S. citizen Norman Senfeld received the
first payment of $2.5 million in the form of BPIs. On August 14,
Mr. Senfeld signed a settlement document, or "finiquito," for the
equivalent of $5 million dollars to resolve his three property
claims. Mr. Senfeld will receive the second payment of $2.5 million
in BPIs in November 2009 (reftel).

STATUS OF AMCIT PROPERTY AS OF 09/30/08
---------------------------------------

4. The following is a snapshot of current U.S. citizen property
claims. The Embassy maintains separate databases for claims
registered before and after the July 31, 2005, deadline in the
Consolidated Appropriations Act.


EMBASSY-REGISTERED CLAIMS NUMBER
------------------------- ------

Total Amcits with pending claims 296

Total Amcit claims pending resolution 621


EMBASSY-REGISTERED CLAIMS BY CALENDAR YEAR NUMBER
------------------------------------------ ------

Claims resolved calendar year 2008 42

Claims resolved calendar year 2007 10

Claims resolved calendar year 2006 81

Claims resolved calendar year 2005 126

Claims resolved calendar year 2004 218

Claims resolved calendar year 2003 243

Claims resolved calendar year 2002 125

Claims resolved calendar year 2001 175

Claims resolved calendar year 2000 70


EMBASSY-REGISTERED CLAIMS RESOLVED BY WAIVER YEAR NUMBER
--------------------------------------------- ---- ------

Registered claims resolved so far in 2008-09 5
(waiver year: July 29, 2008 - July 29, 2009)

Registered claims resolved 2007-08 waiver year 42

Registered claims resolved 2006-07 waiver year 34

Registered claims resolved 2005-06 waiver year 86

Registered claims resolved 2004-05 waiver year 187

Registered claims resolved 2003-04 waiver year 214

Registered claims resolved 2002-03 waiver year 183

Registered claims resolved 2001-02 waiver year 160

Registered claims resolved 2000-01 waiver year 142

Registered claims resolved 1999-00 waiver year 77

Registered claims resolved 1998-99 waiver year 156

Registered claims resolved 1997-98 waiver year 204

Registered claims resolved 1996-97 waiver year 145


EMBASSY-REGISTERED CLAIMS UNDER GON CONTROL NUMBER
------------------------------------------- ------

Total Amcit properties under GON control 53
(subject to revision)

GON-held claims resolved 2008-09 waiver year 0

GON-held claims resolved 2007-08 waiver year 1

GON-held claims resolved 2006-07 waiver year 0

GON-held claims resolved 2005-06 waiver year 3

GON-held claims resolved 2004-05 waiver year 16

GON-held claims resolved 2003-04 waiver year 12

GON-held claims resolved 2002-03 waiver year 11

GON-held claims resolved 2001-02 waiver year 26

GON-held claims resolved 2000-01 waiver year 2

GON-held claims resolved 1999-00 waiver year 2

GON-held claims resolved 1998-99 waiver year 5

GON-held claims resolved 1997-98 waiver year 29

GON-held claims resolved (total) 176


CLAIMS DISMISSED BY GON DURING THE 2007-08 WAIVER YEAR NUMBER
------------------------------------------ ------

MARCH 2008 73

FEBRUARY 2008 21

JANUARY 2008 34

NOVEMBER 2007 18


NUMBER
------

DECISION AGAINST U.S. CLAIMANT IN COURT 9

(CLAIM WITHDRAWN BY AMCIT)

CLAIMS WITHDRAWN BY AMCITS 1

(PROPERTY UNDER AMCIT CONTROL)

CLAIMS WITHDRAWN BY AMCITS FOR 1
LACK OF SUPPORTING DOCUMENTS

TOTAL CLAIMS RESOLVED BY LAND SWAPS 6

TOTAL CLAIMS COMPENSATED VIA BONDS 1,897
(face value of bonds $333.97 million)

NON-REGISTERED RESOLUTIONS BY WAIVER YEAR NUMBER
----------------------------------------- ------

Non-registered resolutions 2008-09 waiver year 0

Non-registered resolutions 2007-08 waiver year 6

Non-registered resolutions 2006-07 waiver year 12


Non-registered resolutions 2005-06 waiver year 30

Non-registered resolutions 2004-05 waiver year 0

Non-registered resolutions 2003-04 waiver year 6

Non-registered resolutions 2002-03 waiver year 22

Non-registered resolutions 2001-02 waiver year 93

Non-registered resolutions 2000-01 waiver year 300

Non-registered resolutions 1999-00 waiver year 455

Non-registered resolutions 1998-99 waiver year 310

Non-registered resolutions 1997-98 waiver year 230

Non-registered resolutions 1996-97 waiver year 208


NON-WAIVER CLAIMS REGISTERED AFTER JULY 31, 2005 NUMBER
--------------------------------------------- --- ------

Total Amcit claimants registered with Embassy 15

Total Amcit claims pending resolution 21


NON-WAIVER CLAIMS RESOLVED BY CALENDAR YEAR NUMBER
------------------------------------------ ------

Claims resolved in calendar year 2008 1

CALLAHAN

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