All
Authorised Dealers
in Foreign Exchange,
Dear
Sirs,
LOSS/DAMAGES
TO PAKISTAN NATIONALS
WORKING IN KUWAIT DUE TO IRAQI INVASION
Please
refer to F.E. Circular No.105 dated the 6th July,
1991 on the above noted subject.
2.
We have to advise that United Nations Security Council has
devised a standard claim Form 'E' for distribution to the
Corporations, other private legal entities and public sector
enterprises on which they are required to lodge claims in
respect of direct loss, damage or injury sustained as a
result of Iraqs invasion and occupation of Kuwait.
In this connection, we enclose a copy of U.N. Security Councils
letter dated the 22nd June, 1992 alongwith the
copy of set of Form 'E', the contents of which are self-explanatory.
3.
Please bring the above to the notice of your constituents.
Please
note the abovementioned Form E is NOT the same as in the
Foreign Exchange Manual
Volume I & II (Seventh Edition) and should not be confused
as such.
SECURITY COUNCIL
UNITED NATIONS
COMPENSATION COMMISSION
22nd June, 1992
Excellency,
Pursuant
to Decision 7 of the Governing Council (S/AC.26/1991/7/Rev.1),
the Secretarial United Nations Compensation Commission hereby
encloses a master copy of standard Claim Form E
for Governments to distribute to corporations, other private
legal entities and public sector enterprises (hereinafter
referred to as corporations and other entities) that are
claiming for any direct loss, damage or injury sustained
as a result of Iraqs unlawful invasion and occupation
of Kuwait. Form E may also be used by corporations
and other entities claiming for reimbursement of payments
made or relief provided to others for their losses
resulting directly from Iraqs unlawful invasion and
occupation of Kuwait.
Standard
Form E has been prepared in the six official
Languages of the United Nations. Governments using one of
the United Nations official languages will be receiving
forms with English on the left side of the page and identical
entries in the other language on the right side. Those Governments
working in languages other than the six official UN languages
will be receiving forms with English on the left and blank
spaces on the right in order that such Governments may translate
the entries into their national languages. It will be necessary
for each Government to reproduce sufficient copies of Form
E for distribution to corporations and other
entities.
The
information provided by corporations and other entities
on Form E will be used by the Secretariat as
support in the computer analysis, categorization and grouping
of claims with significant common legal or factual issues
for processing together. Also to assist the Secretariat
in making a preliminary assessment of the claims, corporations
and other entities must submit in an attachment to Form
E documentary evidence, such as a certificate
of incorporation or registration proving the incorporation,
organization or registration of the corporation or other
entity on the date that the claim arose, and on the date
on which the claim is filed (if different).
In
addition to completing FormE, corporations and
other entities must also provide the Governments submitting
their claims with separate statements explaining their claims
("Statements of Claim") for filing together with
the forms. Such Statements of Claim must be supported by
documentary or other appropriate evidence sufficient to
demonstrate the circumstances and the amount of the claimed
loss. Each Statement of Claim should include the particulars
indicated in the instructions attached to Form "E".
The
Governing Councils 6 March 1992 decision also provided
guidance as to the circumstances under which claims may
be submitted for the loss of earnings or profits A
summary of this guidance can be found in Form "E"
in the footnote on page E1. Corporations and other entities
should be referred to Decision 9 of the Governing Council
(S/AC.26/1992/9) for a full explanation of the matter.
A
final clarification about Form "E" is necessary
with regard to page E2, where claimants are asked to designate
the legal structure of their corporation or other entity
on the date that the claim arose. Among the legal structures
listed is a "closely held corporation". It should
be understood that, for purposes of filing a claim under
Form "E", a closely held corporation may be considered
the equivalent of what is known in other jurisdictions as
a "private company".
Governments
are requested to attach the paper forms for Claim Form "E"
and the accompanying Statements of Claim and supporting
documentation to the Governments consolidated claims for
submission to the Commission at the following address:
United
Nations Compensation Commission
Villa La Pelouse
Palais des Nations
CH-2211 Geneva 10
Switzerland
Please
accept, Excellency, the assurance of my highest consideration.
Carlos
ALZAMORA
Executive Secretary
United Nations Compensation Commission
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