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Cablegate: Nicaragua: Amcit Property Claims Monthly Update: November 2008

VZCZCXYZ0003
RR RUEHWEB

DE RUEHMU #1440/01 3382015
ZNR UUUUU ZZH
R 032015Z DEC 08
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 3462
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 001440

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: NOVEMBER 2008

SUMMARY
-------

1. In November 2008, the Government of Nicaragua (GON) resolved one Embassy registered property claim. The Embassy's database now consists of 616 unresolved registered property claims belonging to 293 Amcits. To date, the overwhelming majority of resolutions have involved compensation via government-issued indemnification bonds ("bonos de pago de indemnizacion" or BPIs). As of November 30, 2008, the GON had issued BPIs with a face value of $334,156,014.76 to Embassy-registered claimants. Since taking office in January 2007, the Ortega administration has resolved 57 claims, ten of which during the 2008-2009 waiver year.

EMBASSY REGISTERED CLAIMS RESOLVED IN OCTOBER
---------------------------------------------

2. On November 7, 2008, Attorney General Hernan Estrada provided the Embassy a copy of the final settlement document or "finiquito" signed on October 27, 2008, by U.S. citizen Josefina Sanchez. Mrs. Sanchez' had received a check for $150,000 from the Central Bank of Nicaragua on July 12, 1979, but was unable to cash before the Sandinistas took control of the government. Her claim has languished ever since. On October 27, she received BPIs worth 1,525,000 cordobas, approximately $77,203. We have updated our database to reflect this settlement.

Type of No. of Type of
Claimant Claim Claims Resolution
-------- ------- ------ ----------

Josefina Sanchez Check 1 bonds

STATUS OF AMCIT PROPERTY AS OF 11/30/08
---------------------------------------

3. 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 293

Total Amcit claims pending resolution 616


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

Claims resolved calendar year 2008 47

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 10
(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 1

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) 177


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

MARCH 2008 73

FEBRUARY 2008 21

JANUARY 2008 34

NOVEMBER 2007 18


OTHER CATEGORIES TRACKED
------------------------

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 1,902
(face value of bonds $334.15 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 16

Total Amcit claims pending resolution 22


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

Claims resolved in calendar year 2008 1

SANDERS

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