VZCZCXYZ0002
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 
------- 

¶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