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

VZCZCXYZ0009
RR RUEHWEB

DE RUEHMU #1296/01 3412313
ZNR UUUUU ZZH
R 072312Z DEC 09
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 0245
INFO WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 001296

SIPDIS

E.O. 12958: N/A
TAGS: EINV ECON KIDE CASC NU
SUBJECT: NICARAGUA: AMCIT PROPERTY CLAIMS MONTHLY UPDATE: NOVEMBER 2009

SUMMARY

-------

1. In November 2009, the Government of Nicaragua (GON) reported the
resolution of 32 Embassy registered property claims. Twenty-eight
of these claims were properties under the control of the Nicaraguan
Army. One property was under the control of National Corporations
of the Public Sector (CORNAP). With the resolution of these
claims, the GON has met two of the benchmarks required for
Nicaragua to receive a Section 527 waiver during the 2009-2010
period. 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,
2009, the GON had issued BPIs with a face value of $363,641,210 to
Embassy-registered claimants. Since taking office in January 2007,
the Ortega administration has resolved 137 claims, 42 during the
current waiver year.

EMBASSY REGISTERED CLAIMS RESOLVED IN NOVEMBER

--------------------------------------------- --

2. On November 20, 2009, the Attorney General's Office provided the
Embassy a copy of the final settlement document, or finiquito,
signed by U.S. citizen Juan Barreto on November 19, 2009. Mr.
Barreto received BPIs worth 66,627,600 cordobas, approximately
$3,208,587. We have updated our database to reflect this
settlement. Mr. Barreto's claim represents 28 properties under the
control of the Nicaraguan Army. The resolution of the Barreto case
represents the largest number of claims resolved for one U.S.
citizen at one time.

Type of No. of Type of

Claimant Claim Claims Resolution

-------- ------- ------ ----------

Juan Barreto Lots 28 bonds

3. On November 26, 2009, the Attorney General's Office provided the
Embassy a copy of the finiquito signed by U.S. citizens Enrique and
Leila Cerda on August 8, 2008. Mr. and Mrs. Cerda received BPIs
worth 5,530,400 cordobas, approximately $266,327. We have updated
our database to reflect this settlement.

Type of No. of Type of

Claimant Claim Claims Resolution

-------- ------- ------ ----------

Enrique & Leila Cerda House 1 bonds

4. On November 26, 2009, the Attorney General's Office provided the
Embassy a copy of the finiquito signed by U.S. citizen Indiana
Gutierrez on November 24, 2009. Mrs. Gutierrez received BPIs worth
5,084,400 cordobas, approximately $244,849. We have updated our
database to reflect this settlement. Mrs. Gutierrez' property was
under the control of CORNAP.

Type of No. of Type of

Claimant Claim Claims Resolution

-------- ------- ------ ----------

Indiana Gutierrez Land 1 bonds

5. On December 2, 2009, the Attorney General's Office provided the Embassy a copy of the finiquito signed by U.S. citizen Manuel Vanegas on November 27, 2009. Mr. Vanegas received BPIs worth 314,300 cordobas, approximately $15,135. We have updated our database to reflect this settlement. Mr. Vanegas' claims had been previously dismissed by the GON because the Attorney General's Office alleged that he lacked documents that demonstrated that his property had been confiscated by the government.

Type of No. of Type of

Claimant Claim Claims Resolution

-------- ------- ------ ----------

Manuel Vanegas Land &

Machinery 2 bonds

STATUS OF AMCIT PROPERTY AS OF 11/30/09

---------------------------------------

6. 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 265

Total Amcit claims pending resolution 527

(113 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 2,646

(421 fall under Section 527)

EMBASSY-REGISTERED CLAIMS BY CALENDAR YEAR NUMBER

------------------------------------------ ------

Claims resolved calendar year 2009 80

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 42

(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 22


(subject to revision)

GON-held claims resolved 2009-10 waiver year 29

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) 206

CLAIMS DISMISSED BY GON NUMBER

----------------------- ------

SEPTEMBER 2009 6

march 2008 68

february 2008 15

january 2008 28

november 2007 18

-----

TOTAL 135


DISMISSED CLAIMS LATER RESOLVED IN FAVOR OF U.S.

CLAIMANT NUMBER

--------------------------------------------- -- ------

NOVEMBER 2009 1

sEPTEMBER 2009 4

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 2
(PROPERTY UNDER AMCIT CONTROL)


CLAIMS WITHDRAWN BY AMCITS FOR 4

lack of supporting documents

CLAIMS WITHDRAWN BY AMCITS 6

(CLAIMANT stopped PURSUING Claim)


Total claims resolved by land swaps 7


Total claims compensated via bonds 1,978

(face value of bonds $359.9 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 4,673

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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