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Reference ID	Created	Released	Classification	Origin
09MANAGUA1296	2009-12-07 23:12	2011-08-30 01:44	UNCLASSIFIED	Embassy Managua

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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Viewing cable 09MANAGUA1296, NICARAGUA: AMCIT PROPERTY CLAIMS MONTHLY UPDATE: NOVEMBER 2009