NICARAGUA: AMCIT PROPERTY CLAIMS MONTHLY UPDATE: AUGUST 2009

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