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Cablegate: Nicaragua: Amcit Property Claims Monthly Update: August 2009

VZCZCXYZ0006
RR RUEHWEB

DE RUEHMU #0888/01 2511848
ZNR UUUUU ZZH
R 081848Z SEP 09
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 4536
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 000888

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: AUGUST 2009

SUMMARY
-------

1. In August 2009, the Government of Nicaragua (GON) reported the
resolution of one Embassy registered property claim. Two claimants
also withdrew two separate claims from the Embassy's database. To
date, the overwhelming majority of resolutions have involved
compensation via government-issued indemnification bonds ("bonos de
pago de indemnizacion" or BPIs). As of August 31, 2009, the GON had
issued BPIs with a face value of $359,642,096 to Embassy-registered
claimants. Since taking office in January 2007, the Ortega
administration has resolved 96 claims, one of which during the
2009-2010 waiver year.

EMBASSY REGISTERED CLAIM RESOLVED IN AUGUST
-------------------------------------------

2. On August 24, 2009, the Attorney General's Office provided the
Embassy a copy of the final settlement document or "finiquito"
signed by U.S. citizen Aura Carrillo on July 6, 2009. Ms. Carrillo
received BPIs worth 449,400 cordobas, approximately $21,912. We
have updated our database to reflect this settlement. Ms.
Carrillo's claim had been previously dismissed under Decree 38
(1979), which authorized the GON to confiscate property belonging to
the allies of the Somoza family.

Type of No. of Type of
Claimant Claim Claims Resolution
-------- ------- ------ ----------
Aura Carrillo Land 1 bonds

CLAIMANTS WITHDRAWS CLAIMS
--------------------------

3. On August 11, Mr. William Crisswell, son and legal representative
for William and Eva Crisswell, withdrew his family's property claim
from the Embassy's database. Mr. Crisswell said that his parents
did not have the necessary documents to demonstrate that their
property had been confiscated.

4. On August 28, Mrs. Lilliam Tiffer withdrew one claim from the
Embassy's database. Mrs. Tiffer transferred the legal rights of the
claim to her brother, a Nicaraguan citizen.

STATUS OF AMCIT PROPERTY AS OF 08/31/09
---------------------------------------
5. 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 275

Total Amcit claims pending resolution 574
(114 fall under Section 527)

Total Amcits registered with the Embassy 1,137
Prior to July 31, 2005
(269 fall under Section 527)

Total Amcit claims resolved 2,605
(420 fall under Section 527)


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

Claims resolved calendar year 2009 39

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 2009-10 1
(waiver year: July 29, 2009 - July 28, 2010)

Registered claims resolved 2008-09 waiver year 48

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 51
(subject to revision)

GON-held claims resolved 2008-09 waiver year 3

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 NUMBER
----------------------- ------

MARCH 2008 68

FEBRUARY 2008 15

JANUARY 2008 28

NOVEMBER 2007 18
-----
TOTAL 129

DISMISSED CLAIMS LATER RESOLVED IN FAVOR OF U.S.
CLAIMANT NUMBER
--------------------------------------------- -- ------

MARCH 2009 1

APRIL 2009 5


MAY 2009 4

JUNE 2009 2

JULY 2009 4

AUGUST 2009 1


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 4
LACK OF SUPPORTING DOCUMENTS

CLAIMS WITHDRAWN BY AMCITS 1
(CLAIMANT STOPPED PURSUING CLAIM)


TOTAL CLAIMS RESOLVED BY LAND SWAPS 7


TOTAL CLAIMS COMPENSATED VIA BONDS 1,937
(face value of bonds $359.6 million)


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

Non-registered resolutions 2009-10 waiver year 0

Non-registered resolutions 2008-09 waiver year 1

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

Total Non-registered resolutions 2,027


TOTAL REGISTERED & NON-REGISTERED RESOLUTIONS
---------------------------------------------

Total number of Amcit claims resolved 4,632


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 2009 1

Claims resolved in calendar year 2008 1

CALLAHAN

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