The minimum wage shall be exempt from attachment, compensation, or deduction.

The claimant asserted that Iraq charged him with bribery and placed a hold on his tangible business property in 1986.

Specifically, the secretariat, in valuing the claimant's D6 (loss of income) claim, incorrectly treated it as a duplicate of the claimant's C6 (salary loss) claim, resulting in an erroneous reduction of the amount of compensation awarded to the claimant for his C6 claim.

It should be noted that the excess amounts previously awarded in respect of the claim will be deducted from the total recommended compensation in respect of the matching category D claim.

Against the net balance of USD 282,329,719.67 claimed, which amount excludes interest and claims preparation costs, the Panel recommends a total award of compensation of USD 161,140,801.39.

It should be noted that, in respect of 24 claims, the excess amounts previously awarded in respect of the category A claims have been deducted from the amount of compensation recommended by the Panel for the successful matching category C Palestinian late claims.

Article 5 Right of rearrest and multiple arrest

Article 5 Right of rearrest and multiple arrest

There are claims in this instalment put forward by claimants resident in the West Bank for which recommended awards reflect deductions of awards previously received by the claimants in category A for the same losses.

penalties and

Awards to be paid in respect of claims in the special instalment are net of any category A , B and C approved awards made to the same claimants.

Accordingly, the Group agreed to replace the words is demanded or has been effected by was made or applied for .

This amount is net of USD 162,456.74 relating to withdrawn claims, USD 28,644,101.99 for interest and USD 477,508.68 for claims preparation costs.

Specifically, the secretariat, in valuing the tangible property component of the claimant's D8 9 (individual business) loss claim, made an incorrect deduction with respect to the amount of compensation awarded to the claimant for the tangible property element of his C8 (individual business) claim.

The Panel recommends awards of compensation in respect of 1 C1 MPA (hostage taking) and 1,86 C1 MPA (forced hiding) claims and no awards of compensation in respect of C1 MPA (hostage taking) and C1 MPA (forced hiding) claims in the fourth instalment.

The secretariat's review of the documents provided in support of this claim indicated that the claimant's D6 claim was complementary to, and not a duplicate of, his C6 claim, and therefore the deduction initially performed by the secretariat was incorrect.

It is also alleged that the police sometimes detain individuals arbitrarily without charge, or on false charges, in order to extort payment for their release.

There are 7 claims for C1 MPA (hostage taking) and 1,1 claims for C1 MPA (forced hiding) in the fourth instalment.

Consequently, a correction resulting in a deduction in the total amount of USD 26,908.64 should be made in respect of these two claims.

Consequently, a correction resulting in a deduction in the total amount of USD 21,969.81 should be made in respect of these three claims.

Taking of hostages

Following checks to exclude cross category multiple recovery,See discussion supra at para. 10. the secretariat has, in cases of confirmed matches of category A claims and C1 departure claims, made the appropriate deduction from the compensation awarded to the category C claimants.See S AC.26 Dec.21 (1994) and S AC.26 Dec.24 (1994).

Confiscation and seizure

(1) A ship may be arrested or released from arrest only by or under the authority of a Court of the Contracting State in which the arrest is made.

As a threshold requirement relevant to all category C loss types, the Panel verified in the first instalment whether claimants were resident in Iraq or Kuwait at the time of the invasion. First Report, pp. 52 53 and 90.

OTHER ISSUES Deduction of category A , B and C awards The awards of compensation recommended by the Panel are reduced by the amount of any category A , B and C awards paid to the same claimant for the same losses.

11. Based on the sampling results,See supra at note 18. which confirm the Panel s findings with respect to C1 MPA claims in the first and second instalments, the Panel concludes that those Kuwaiti nationals with claims for hostage taking or illegal detention for more than three days should be compensated for their C1 MPA losses.

The evidence in the claim file includes payroll records and employment contracts, termination notices prepared by the claimant's personnel division, letters from the claimant to its bank requesting payment of the claimed amounts to the relevant employees and, in a number of cases, bank debit advices indicating that payment was made in accordance with the claimant's instructions.

Freezing, seizure and confiscation

(xii) Post seizure operations

With respect to D1 forced hiding, illegal detention and hostage taking claims, the Panel also noted that the incidence of loss was higher among the claimants in this instalment, although they claimed compensation for fewer days in instances of forced hiding and illegal detention.

Article 2 Powers of arrest

Article 2 Powers of arrest

In respect of this claim, the Panel instructs the secretariat to deduct the amount already awarded in category C from the amount to be paid to the same individual claimant through the process described in paragraphs 20 to 22 below.

The Panel reviewed approximately 100 claims for D1 (departure) losses and 80 claims for D1 (MPA) losses relating to forced hiding, illegal detention and hostage taking.

The inclusion of this proposal in the arrest convention was regarded as preventing the remedy of arrest being used to blackmail shipowners into payment of claims.

Iran, therefore, could have included these claim units in the submissions that it filed within these deadlines.

(5) Subject to the provisions of this Convention, the procedure relating to the arrest of a ship or its release shall be governed by the law of the State in which the arrest was made or applied for.

At times the claim preparers appeared to be more familiar with the claims than the claimants.

In the view of the Panel, this should involve the services of a qualified senior epidemiologist.

Section 11O Seizure and Detention

Article 3 Exercise of right of arrest

Article 3 Exercise of right of arrest

Detention of asylum seekers

Identification, freezing, seizure and confiscation