Identifier
Created
Classification
Origin
09MANAGUA354
2009-04-02 17:52:00
UNCLASSIFIED
Embassy Managua
Cable title:
NICARAGUA: AMCIT PROPERTY CLAIMS MONTHLY UPDATE: MARCH 2009
how-toVZCZCXYZ0002 RR RUEHWEB DE RUEHMU #0354/01 0921752 ZNR UUUUU ZZH R 021752Z APR 09 ZDK FM AMEMBASSY MANAGUA TO RUEHC/SECSTATE WASHDC 3974 INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
UNCLAS MANAGUA 000354
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: MARCH 2009
SUMMARY
-------
UNCLAS MANAGUA 000354
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: MARCH 2009
SUMMARY
--------------
1. In March 2009, the Government of Nicaragua (GON) reported the
resolution of seven Embassy registered property claims, including
one claim previously dismissed under Decree 38 (1979). One claimant
recovered her property through the courts and one claimant signed a
leasing agreement with the Nicaraguan National Police to recover his
property. We have added a new category to track the resolution of
U.S. claims recently dismissed by the GON. There remain 606
unresolved registered property claims belonging to 287 U.S. citizens
in 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 March 31, 2009, the GON had issued BPIs with a face value of
$335,698,234.17 to Embassy-registered claimants. Since taking
office in January 2007, the Ortega administration has resolved 67
claims, twenty of which during the 2008-2009 waiver year.
EMBASSY REGISTERED CLAIMS RESOLVED IN MARCH
--------------
2. On March 16, 2009, Attorney General's Office provided the Embassy
a copy of the final settlement document or "finiquito" signed by
U.S. citizens Eduardo, Salvador, and Ricardo Cuadra on March 5,
2009. The Cuadras received BPIs worth 1,138,100 cordobas,
approximately $56,678. We have updated our database to reflect this
settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Cuadra Family House 1 bonds
3. On March 19, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Irene Dona on March
12, 2009. Mrs. Dona received BPIs worth 263,300 cordobas,
approximately $13,113. Mrs. Dona's claim had been dismissed by the
GON based on Decree 38 (1979) on February 26, 2008. Decree 38
authorized the Nicaraguan government to confiscate property
belonging to the allies of the Somoza family. We have updated our
database to reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Irene Dona House 1 bonds
4. On March 19, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Enrique Pereira on
February 27, 2009. Mr. Pereira received BPIs worth 4,947,200
cordobas, approximately $246,375. We have updated our database to
reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Enrique Pereira House 1 bonds
5. On March 31, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Gloria Renazco on
March 26, 2009. Mrs. Renazco received BPIs worth 1,630,600
cordobas, approximately $81,205. We have updated our database to
reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Gloria Renazco Land 2 bonds
6. On March 06, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Roger Teran on
September 8, 2008. Mr. Teran received BPIs worth 7,368,900
cordobas, approximately $366,977. We have updated our database to
reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Roger Teran Land 1 bonds
7. On March 06, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Pamela Zelaya on
February 24, 2009. Ms. Zelaya received BPIs worth 607,300 cordobas,
approximately $30,244. We have updated our database to reflect this
settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Pamela Zelaya Land 1 bonds
8. On March 11, 2009, U.S. claimant Maria Alvarez provided the
Embassy a copy of the court decision that ordered the return of her
property located in Masaya, southern Nicaragua, and the eviction of
the illegal occupant on February 11. Her property had been under
the control of a former Nicaraguan Army officer. We have updated
our database to reflect this recovery.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Maria Alvarez House 1 recovery
9. On March 19, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito and the leasing agreement signed by U.S.
citizen Elmer Hidalgo and the Nicaraguan National Police on March
16, 2009 for the return of his property located in Jalapa, northern
Nicaragua. The police agreed to pay Mr. Hidalgo a monthly rental
fee of $100 effective in March while they finalize the construction
of their new office in Jalapa. The police plan to move into their
new office in April 2010. The lease is for one year and can be
extended for an additional six months. We have updated our database
to reflect this recovery.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Elmer Hidalgo House 1 recovery
STATUS OF AMCIT PROPERTY AS OF 03/31/09
--------------
10. 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 287
Total Amcit claims pending resolution 606
EMBASSY-REGISTERED CLAIMS BY CALENDAR YEAR NUMBER
-------------- --------------
Claims resolved calendar year 2009 10
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 20
(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 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 THE GON NUMBER
-------------- --------------
MARCH 2008 73
FEBRUARY 2008 21
JANUARY 2008 34
NOVEMBER 2007 18
--------------
TOTAL 146
DISMISSED CLAIMS LATER RESOLVED IN FAVOR OF U.S.
CLAIMANT NUMBER
-------------- -- --------------
MARCH 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 1
LACK OF SUPPORTING DOCUMENTS
TOTAL CLAIMS RESOLVED BY LAND SWAPS 6
TOTAL CLAIMS COMPENSATED VIA BONDS 1,910
(face value of bonds $335.6 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
Claims resolved in calendar year 2009 1
CALLAHAN
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: MARCH 2009
SUMMARY
--------------
1. In March 2009, the Government of Nicaragua (GON) reported the
resolution of seven Embassy registered property claims, including
one claim previously dismissed under Decree 38 (1979). One claimant
recovered her property through the courts and one claimant signed a
leasing agreement with the Nicaraguan National Police to recover his
property. We have added a new category to track the resolution of
U.S. claims recently dismissed by the GON. There remain 606
unresolved registered property claims belonging to 287 U.S. citizens
in 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 March 31, 2009, the GON had issued BPIs with a face value of
$335,698,234.17 to Embassy-registered claimants. Since taking
office in January 2007, the Ortega administration has resolved 67
claims, twenty of which during the 2008-2009 waiver year.
EMBASSY REGISTERED CLAIMS RESOLVED IN MARCH
--------------
2. On March 16, 2009, Attorney General's Office provided the Embassy
a copy of the final settlement document or "finiquito" signed by
U.S. citizens Eduardo, Salvador, and Ricardo Cuadra on March 5,
2009. The Cuadras received BPIs worth 1,138,100 cordobas,
approximately $56,678. We have updated our database to reflect this
settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Cuadra Family House 1 bonds
3. On March 19, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Irene Dona on March
12, 2009. Mrs. Dona received BPIs worth 263,300 cordobas,
approximately $13,113. Mrs. Dona's claim had been dismissed by the
GON based on Decree 38 (1979) on February 26, 2008. Decree 38
authorized the Nicaraguan government to confiscate property
belonging to the allies of the Somoza family. We have updated our
database to reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Irene Dona House 1 bonds
4. On March 19, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Enrique Pereira on
February 27, 2009. Mr. Pereira received BPIs worth 4,947,200
cordobas, approximately $246,375. We have updated our database to
reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Enrique Pereira House 1 bonds
5. On March 31, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Gloria Renazco on
March 26, 2009. Mrs. Renazco received BPIs worth 1,630,600
cordobas, approximately $81,205. We have updated our database to
reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Gloria Renazco Land 2 bonds
6. On March 06, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Roger Teran on
September 8, 2008. Mr. Teran received BPIs worth 7,368,900
cordobas, approximately $366,977. We have updated our database to
reflect this settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Roger Teran Land 1 bonds
7. On March 06, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito signed by U.S. citizen Pamela Zelaya on
February 24, 2009. Ms. Zelaya received BPIs worth 607,300 cordobas,
approximately $30,244. We have updated our database to reflect this
settlement.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Pamela Zelaya Land 1 bonds
8. On March 11, 2009, U.S. claimant Maria Alvarez provided the
Embassy a copy of the court decision that ordered the return of her
property located in Masaya, southern Nicaragua, and the eviction of
the illegal occupant on February 11. Her property had been under
the control of a former Nicaraguan Army officer. We have updated
our database to reflect this recovery.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Maria Alvarez House 1 recovery
9. On March 19, 2009, Attorney General's Office provided the Embassy
a copy of the finiquito and the leasing agreement signed by U.S.
citizen Elmer Hidalgo and the Nicaraguan National Police on March
16, 2009 for the return of his property located in Jalapa, northern
Nicaragua. The police agreed to pay Mr. Hidalgo a monthly rental
fee of $100 effective in March while they finalize the construction
of their new office in Jalapa. The police plan to move into their
new office in April 2010. The lease is for one year and can be
extended for an additional six months. We have updated our database
to reflect this recovery.
Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------
Elmer Hidalgo House 1 recovery
STATUS OF AMCIT PROPERTY AS OF 03/31/09
--------------
10. 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 287
Total Amcit claims pending resolution 606
EMBASSY-REGISTERED CLAIMS BY CALENDAR YEAR NUMBER
-------------- --------------
Claims resolved calendar year 2009 10
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 20
(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 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 THE GON NUMBER
-------------- --------------
MARCH 2008 73
FEBRUARY 2008 21
JANUARY 2008 34
NOVEMBER 2007 18
--------------
TOTAL 146
DISMISSED CLAIMS LATER RESOLVED IN FAVOR OF U.S.
CLAIMANT NUMBER
-------------- -- --------------
MARCH 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 1
LACK OF SUPPORTING DOCUMENTS
TOTAL CLAIMS RESOLVED BY LAND SWAPS 6
TOTAL CLAIMS COMPENSATED VIA BONDS 1,910
(face value of bonds $335.6 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
Claims resolved in calendar year 2009 1
CALLAHAN