(a) No upper limits be placed on justified claims

For example, in the C Report, income loss claims were limited to seven times a claimant s monthly salary. C Report, pp. 192 93.

Third party liability temporal and financial limitations

Third party liability temporal and financial limitations

The claim preparers were often listed as the contact persons in the claim files and some claim files included attestations from the claim preparers opining on the merits of the claim.

Further, the Panel finds that to rely on the revised category D claim and its supporting evidence would be tantamount to allowing the individual claimant to file a new claim after the deadline for filing of claims.

1. The established filing deadlines are extended for the following claims

There seems no reason to limit the non applicability of statutory limitations to civil claims for reparations.

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

Accordingly, the claim for loss of profits on contracts is time barred and the Panel has considered the original claim for the loss of receivables.

Iraq contends that Iran has not provided sufficient evidence to support the claim unit, and that the documentation and information provided are inadequate.

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

Real property None of the claims in this instalment seek compensation for a loss of real property.

There are also three claimants in this instalment whose individual claims for C8 Business losses were determined to be claims for corporate losses.

All category F claimants were required to submit with the ir claim forms ... a separate Statement of Claim which had to include the following particulars

The Committee was further informed that the deadline for submission of claims under those categories had expired and that all claims submitted had been processed.

For example, in UNCC claim No. 3012105, the claimant did not include audited accounts in his original claim submission.

In the fifth instalment of category A claims, four claims were found to be duplicates of claims previously awarded compensation.

While the claimants in this instalment claimed for D2 and D3 losses more frequently than claimants in the regular category D claims programme and asserted higher claimed amounts, 103 of the 117 claims are not recommended for compensation as the claimants failed to prove the essential requirements of ownership, loss or causation.

The average amount claimed for the claims in this instalment is about USD 2 million, compared to about USD 820,000 for all claims, about USD 934,000 for Jordanian claims and about USD 861,000 for Kuwaiti claims in the regular category D claims programme.

The median amount claimed is about USD 470,000 for claims in this instalment, compared with about USD 263,000 for all claims, about USD 335,000 for Jordanian claims and about USD 276,000 for Kuwaiti claims in the regular category D claims programme Approximately 75 per cent of the claims in this instalment contain D8 D9 business losses in relation to unincorporated establishments in Kuwait.

Claims without a parenthetical reference contained corporate losses only.

As stated above, the eligible category D Palestinian late claims have a higher incidence of loss types and higher amounts claimed than claims in the regular category D claims programme, giving rise to a potential risk of overstatement of the claims.

In a number of instances, claimants appeared not to recognize the types of losses or amounts claimed in their claims or some of the documents provided in support of their claims.

By contrast, in one set of potentially overlapping claims, the Panel reached the conclusion that the claims were overlapping, despite the individual claimant's assertion that his claim was mistakenly filed in the name of the E4 claimant.

One thousand one hundred and forty five claims in the fourth instalment of category C claims are not recommended for payment.

The Panel reviewed the statistical data indicating that these claimants claimed more frequently for business losses and for substantially higher amounts than claimants in the regular category D claims programme.

Some of these identifiers are included in the claim form submitted by the claimant the remaining data is taken from the evidence provided by a claimant either in the original claim or in response to claim development notifications.

This fifth instalment reports the adjusted recommended award amounts for such claims.

the fifth instalment of category C claims are not recommended for payment.

In this instalment, one stand alone claim failed to satisfy this requirement and the Panel recommends no compensation in respect of this claim.

In its First Report, the Panel determined that claimants who filed claims during the regular filing period in the same claim category had a full and effective opportunity to file claims with the Commission at that time.

The E4 claims population consists of claims submitted by Kuwaiti private sector corporations and entities, other than oil sector and environmental claims, eligible to file claims under the Commission's Claim Forms for Corporations and Other Entities ( Form E ).

The monitoring and assessment claims of Iran that were awarded funding in the first F4 instalment and are relevant to claim No. 5000286 are claim Nos. 5000343, 5000344, 5000347, 5000383, 5000420, 5000425, 5000427 and 5000428.

The Panel reviewed the overlapping claims together to determine which of the losses claimed by the category C claimant should be consolidated with the E4 claim for review.

The other claim did not contain the claimant's affirmation concerning the losses claimed although the claimant was given an opportunity to remedy this formal deficiency.

Overall, there are 31,31,70 claims that the Panel has determined to be ineligible for inclusion in the late claims programme because the claimants failed to provide satisfactory reasons for late filing.

The monitoring and assessment claims of Saudi Arabia that were awarded funding in the first F4 instalment and are relevant to claim No. 5000463 are claim Nos. 5000359, 5000361, 5000363, 5000408, 5000409, 5000411, 5000437, 5000438, 5000439, 5000440 and 5000441.

(b) In four cases, the claim form was not signed by the claimant

In the third instalment of category A claims, four claims were found to be duplicates of claims previously awarded compensation.

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

The Governing Council determined in decision 123 that a claim can only be found to be a stand alone claim if the claimant first demonstrates that he or she had the authority to act on behalf of the Kuwaiti company in filing a claim.

At its June 2005 session, the Governing Council established a final deadline of 30 September 2006 for submitting Governments with currently unlocated claimants to locate such claimants and to inform the secretariat of any claimant who was located so that the claimant could receive payment of his or her compensation award.

Claimants had the option to file departure related losses for family members who should have been listed in the claim form.

The searches identified 104 E4 claims with approved awards of compensation in the first seven instalments as potentially overlapping with 61 claims in category C and 70 claims in category D .