The records in S-1952 document the claims processing review procedures; evidentiary matrices; and logistics for claim payments submitted to the United Nations Compensation Commission (UNCC). The function of S-1952 is derived from the Secretary-General’s bulletin: Records of the United Nations Compensation Commission (ST/SGB/2007/10), dated 29 June 2007. S-1952 is arranged according to the six claim categories, “A” - “F”; in addition to Palestinian and Bedouin claims that fell under the late claims programme.
Category 'A' claims were submitted by individuals who departed from Kuwait or Iraq during the period between Iraq's invasion of Kuwait on 2 August 1990 and the date of the cease-fire on 2 March 1991. Category “A” records document the processing of claims for the first instalment and establishes methodologies for expediting future instalments. The records include: diagrams depicting work-flows; task lists developed to establish an improved workflow for future instalments; memoranda analysing fundamental issues regarding the processing of “A” claims; examples of “A” claim forms to be filled out by governments or international organizations; workflows for the computerized verification of “A” claims; guidelines for the preparation of arrival and departure records; guidelines for the matching programme; and protocols for processing duplicate claims.
The records also contain meeting minutes from working sessions with the “A” claims panel of Commissioners. These meetings were attended by the Commissioners as well as by the Executive Secretary, the Deputy Executive Secretaries, and the Secretariat’s legal staff. Meeting minutes contain updates on claims processing, including: analysis of methodologies for matching claims; review of the verification of claims; and developments in the processing of other claim categories.
In addition, there are departure reports that contain correspondence by the submitting Government describing its National Claims Programme and detailing claims statistics as well as summary reports that identify inconclusive and insufficient claims. The records also document a sampling of “A” claims and detail the methodology and guidelines for review of samples; statistical analyses; correspondence and memoranda addressing the handling of problems with submitting entities; progress reports; and reference material.
Category 'B' claims were submitted by individuals who suffered serious personal injury or whose spouse, child or parent died as a result of Iraq's invasion and occupation of Kuwait. Category “B” records contain correspondence, memoranda and reports outlining methodologies, guidelines and submission criteria. There are also workflow diagrams; instructions for filling out “B” claim forms, with sample forms; examples of required documentation, including health and birth certificates; summary and progress reports on the work accomplished; memoranda and correspondence that detail filing deadlines; explanations of how the filing process works and how to address factual and legal issues encountered in “B“ claims; as well as revisions and refinements to improve claims processing. The records also contain handwritten meeting minutes from working sessions with the “B” claims panel of Commissioners; agendas; and original signed reports and recommendations.
In addition, there are evidentiary and background materials assembled by UNCC or submitted by the Public Authority for Assessment of Compensation for Damages Resulting from Iraqi Aggression (PAAC). These contain non-papers; witness statements; statistical and historical information on countries; explanations of damages sustained; definitions of medical conditions caused or exacerbated by the Iraqi invasion; memoranda identifying after-effects that warrant compensation; and detailed explanations of how the evidence was collected.
Category 'C' claims were individual claims for damages of up to US$100,000 each. Category 'C' claims included twenty-one different types of losses, such as those relating to departure from Kuwait or Iraq; personal injury; mental pain and anguish; loss of personal property; loss of bank accounts, stocks and other securities; loss of income; loss of real property; and individual business losses. Within each loss type, claims were made for a variety of loss elements. Category 'C' claims were among the most complicated because almost anything connected with the lives, livelihood and possessions of individuals in Iraq or Kuwait at the time of the invasion could be the subject of a claim. The complexity associated with processing 'C' claims required the resolution of a myriad of legal, factual, evidentiary and valuation issues, and was compounded by the fact that more than 415,000 category “C” claims were filed. In addition, the Central Bank of the Government of Egypt submitted a consolidated 'C' claim on behalf of more than 800,000 workers in Iraq for the non-transfer of remittances by Iraqi banks to beneficiaries in Egypt. This consolidated Egyptian 'C' claim comprised 1,240,000 individual claims with an asserted value of approximately US$491 million.
Category “C” losses were organized into the following nine groups for filing purposes: “C1” claims for expenses incurred and other costs related to departure, inability to leave, or a decision not to return to Iraq or Kuwait, or from mental pain and anguish associated with hostage taking or other illegal detention; “C2” claims for medical expenses related to personal injury or from witnessing the intentional infliction of serious injury on a spouse, child, or parent; “C3” claims for compensation for the death of the claimant's spouse, child or parent; “C4” claims for loss of personal property; “C5” claims for losses related to bank accounts, stocks and other securities; “C6” claims for employment-related losses such as unpaid salaries and wages or for loss of financial support; “C7” claims for real property losses including costs of repairs; “C8” claims for individual business losses; a ninth 'catch-all' loss type was also included. Claimants were also able to request compensation for mental pain and anguish (MPA), subject to the standards and limitations set forth in Decisions 3 and 8 of the Governing Council for loss types 'C1', 'C2', 'C3', and 'C6'.
The records contain correspondence, reports and memoranda addressing the development of methodologies used for filing and evaluating different types of “C” claims. These include specific instructions and guidelines for each type of claim; examples of different types of “C” claim forms; examination and analysis of potential and actual issues that arose during the process, for instance the problem of double claiming of business losses; and comparisons to other types of claims, including matching between categories “B” and “C” to eliminate overlapping claims.
In addition, the records are also composed of correspondence, reports and memoranda detailing the results of pilot sample studies and establishing guidelines; development of a statistical model to allow mass payment; suggestions and recommendations for improvements and adjustments; development of a compensation formula and an explanation of how it works; reviews and summary reports on claims filed; valuation information, including who is eligible, what constitutes damage, and outlining any limits on claimant entitlements; datasets and detailed statistical information; formulas with explanation of calculations; analysis of data anomalies and outliers; graphs with distribution of claims by type; and computer action requests (CARs). The records also include meeting minutes from working sessions; agendas; and original signed reports with specific recommendations of the category “C” panel of Commissioners.
Category “C” records also contain reference material sent by PAAC to UNCC that provide detailed statistical and historical information on foreign populations living and working in Iraq and Kuwait before the war, their methods of departure, and the effect the invasion had on them. These documents contain affidavits and background material on the inheritance law in Kuwait and on currency exchange as well as decrees and laws of Kuwait from the private and public sectors. There are also reports produced by Adjusters International (AI), a disaster recovery consulting organization that assisted PAAC in preparing its war reparations submissions to UNCC. A compendium of Iraqi documents left behind by Iraq forces after the occupation of Kuwait is organized into four volumes and covers topics related to arrest, detention, or execution; the Ruling Family; confiscation of goods; and transport of goods to Iraq.
Reference material compiled by UNCC are organized by the following countries: Iraq, Kuwait, Egypt, Pakistan, Jordan, Palestine, India, and Sri Lanka and other countries in Asia. The reference material contains articles from various publications, including legal journals; selected laws pertaining to a specific country relevant to category “C” claims; and country profiles and reports. A portion of records composed of other reference material from publications not organized by country focus primarily on past corporate legal cases such as: Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) and International Technical Products Corporation v. Government of the Islamic Republic of Iran.
Category “D” claims were individual claims for more than US$100,000 for various losses. These were similar to category “C” and used comparable methodologies and guidelines. Category “D” claims were organized into the following groups: “D1” claims for departure costs, and metal pain and anguish resulting from being taken hostage, illegally detained or forced to hide; “D2” claims for damages arising from personal injury; “D3” claims for death; “D4” claims for losses of personal property including motor vehicles; “D5” claims for loss of bank accounts and securities; “D6” claims for loss of income; “D7” claims for real property losses; “D8” and “D9” claims for business losses; “D10” claims for losses arising from relief payments; and a miscellaneous “D” category for any losses not covered elsewhere.
The records contain correspondence, memoranda and reports dealing with methodologies; guidelines for review of various types of “D” claims; valuation sheets; standard operating procedures (SOPs) for all types of “D” claims; refinement of claim methodologies; audit of “D” claims; examples of “D” claim forms and instructions for completing them; instructions on re-categorisation of loss types; and explanation of selection criteria. The records also contain meeting minutes from working sessions with the “D1” panel of Commissioners, agendas; and original signed procedural orders for instalments and decisions.
At the forty-second session of the Governing Council held in December 2001, the Council established a late claims programme for Palestinians who could demonstrate that they did not have a full and effective opportunity to file during UNCC’s regular filing period for individual claims from 1 January 1992 to 1 January 1996. The bulk of records concerning the Palestinian late claims focus on the five instalments under category “C”. These records are composed of memoranda, correspondence and reports that provide review and analysis of claims required for the different instalments; correspondence on improving quality assurance; reports and recommendations of the panel of Commissioners; results from testing of claims processing and compensation modules; and results of matching claims to determine claimants’ eligibility. In addition, there are memoranda and correspondence submitted by the Palestinian Authority (PA) enumerating the reasons that prevented Palestinians from filing claims on-time, including the frequent closure of checkpoints in the Gaza Strip; a lack of information in the press; and confusion on filing deadlines.
The records also include summaries regarding the issue of duplicate claims; computer action reports (CARs); guidelines for data-entry; proposals for the computation of compensation; a “Reasons Review of Palestinian Late Claims,” manual; worksheets and forms for applicants to justify late filing; procedures for identifying irregularities in Palestinian late claims; data entry guidelines; comparative analysis datasets; workflow charts and work-plans as well as reference material used to assist in the preparation of working sessions with the panels of Commissioners. The records also contain meeting minutes of the panel of Commissioners.
At the forty-seventh session of the Governing Council held in March 2003, the Government of Kuwait requested the Council’s authorization to file “late claims” on behalf of the Bedouin, a community that has lived in Kuwait for many years and over several generations and have frequently served in the police and the armed forces of Kuwait. Most members of the Bedouin community were not granted nationality by Kuwait or any other country. The Panel noted with regret that no Government or authority accepted responsibility for filing claims on behalf of the Bedouin community during the regular filing period. Consequently, members of the Bedouin community were unable to claim the full compensation that was available to other claimants.
After considerable deliberation of the Government of Kuwait’s request, the Governing Council concluded that claims had not been filed on behalf of the Bedouin community for various historical and political reasons. Since the Bedouins had suffered losses during Iraq’s invasion and occupation of Kuwait and based on humanitarian considerations, the Governing Council established a special late claims programme for the Bedouin (the Bedouin programme) at its fifty-second session held from 29 June to 2 July 2004. Under the programme a fixed amount of US$2,500 would be awarded to each Bedouin who met the criteria established by the Council and reflected in decision 225.
The records documenting Bedouin late claims include examples of claim forms with a list of required documents needed by claimants; examples of documents submitted by claimants, including hiring contracts, leases and partnership agreements; update reports on the programme; workflow documentation; a “Kuwait Mission” report that detailed the results of a mission by a UNCC team to Kuwait to interview and screen potential claimants; results of a Bedouin sampling project; reference and historical documentation on the Bedouin community; and memoranda from PAAC responding to questions submitted by UNCC. The records also contain “D1” meeting minutes of the panel of Commissioners.
Category 'E' claims were claims filed by corporations, other private legal entities, and public sector enterprises. They included claims for: construction or other contract losses; losses from the non-payment for goods or services; losses relating to the destruction or seizure of business assets; loss of profits; and oil sector losses. Category “E” claims were organized into the following groups: “E1” for oil sector claims; “E2” for non-Kuwaiti corporations that did not fall into any of the other sub-categories of 'E' claims; “E3” claims for non-Kuwaiti corporations related to construction and engineering, excluding those involved in the oil sector; and “E4” claims from Kuwaiti corporations, excluding those relating to the oil sector.
Category “E” records contain memoranda and correspondence detailing verification and valuation methodologies; summary of steps in the verification programme; workflow charts; briefing notes on legal and jurisdictional issues; requests for correction of previously approved awards; a “Report on the Stand Alone Claim Mission to Jordan and Syria;” protocol for adjustment of awards between competing “C”, “D”, and “E” claims; and criteria and examples of questions to use when evaluating overlapping claims. In addition, records are also composed of reference materials submitted by PAAC including auditor’s reports; financial statements; company lists; copies of Iraqi documents showing evidence of malicious damage perpetrated by the Iraqi Army; as well as background information on Kuwaiti recovery efforts immediately after the war.
Category “E” records also contain historical reference and research documentation such as translated copies of various Kuwaiti laws; excerpts from published legal precedents and judgements such as Portugal v. Germany (1930) and the Lusitania Cases (1923); photographs of damage to Kuwaiti infrastructure; memoranda on the Kuwait Difficult Debt Settlement Programme and the Private Vehicle Loan Exemption Programme; and UNCC requests for additional evidentiary information. In addition, category “E” records include meeting minutes and agendas from working sessions with the “E1” and “E2” panels of Commissioners.
Category 'F' claims were filed by Governments and international organizations for losses incurred in evacuating citizens; providing relief to citizens; damage to diplomatic premises and loss of, and damage to, other government property; and damage to the environment. Category 'F' claims were organized into four groups: “F1' claims were for losses incurred in connection with the departure and evacuation of individuals and for damage to property belonging to Governments and to international organizations; 'F2'claims were filed by the Governments of Jordan and Saudi Arabia; 'F3' were filed by the Government of Kuwait, excluding environmental claims; and 'F4' claims were for damage to the environment. Most of the 'F3' claims included multiple types of loss, such as damage to government buildings, loss of equipment, loss of the value of work carried out by contractors prior to the invasion and relief provided to the Kuwaiti population. The 'F4' claims fell into two broad groups: the first group comprised claims for environmental damage and the depletion of natural resources in the Persian Gulf region including those resulting from oil-well fires and the discharge of oil into the sea; the second group consisted of claims for costs incurred by Governments outside of the region for aid to countries that were directly affected by the environmental damage. This assistance included relief for damage caused by the oil-well fires; the prevention and clean-up of pollution; and the provision of manpower and supplies. In addition, a sub-category of mixed 'E/F' claims was also identified relating to export guarantee and insurance claims.
Category “F” records contain meeting minutes from working sessions with “F1”, “F2”, “F3”, “F4”, and “E/F” panels of Commissioners. The meeting minutes address the review of preliminary claim summaries including the evaluation of specific claims; updates on UNCC activities; review of different reports by UNCC such as “Currency Conversion Rate to Convert Amounts in Iranian Rials into US dollars, Preliminary Report: On-Site Technical Mission to Egypt;” and briefings on technical missions.
“F1” records include methodologies; claim review procedures; and memoranda and reports addressing the verification and valuation of claims and evidentiary standards. “F2” records document the verification and valuation of claims through reports such as the report titled “F2/2 Claims Instalment: Consultants’ General Report” that provided expert advice to the UNCC-appointed panel of Commissioners with respect to verification and valuation of amounts claimed by the Government of the Kingdom of Saudi Arabia for losses incurred from Iraq’s invasion and occupation of Kuwait. The UNCC classified these claims as the second instalment of the “F2” claims (“F2/2” claims). The report titled “F2 Government Claims: Jordan: Alternate Methodology” outlines an alternative methodology to verify the humanitarian aid elements of the “F2” Jordan claims by explaining why an alternative methodology was developed and how it would be applied.
“F3” records include procedures for claim processing; verification and valuation; and record keeping. In addition, there are decision notes produced from meetings with the “F3” panel of Commissioners. “F4” records contain transcripts of oral proceedings for the second, third and fourth instalments. In addition, the “F4” records also include monitoring and assessment guidelines; reports and memoranda on tracking progress of environmental monitoring and assessment projects pursuant to Governing Council Decision 132; reports and memoranda for plans on the assessment of valuation review of claims for the third and fourth instalments; and background material documenting the transition from the tracking programme to the Follow-up Programme.
Records documenting the Follow-up Programme include reports issued by the Presidency of Meteorology and Environment (PME) of the Kingdom of Saudi Arabia. PME is the government body in charge of environment related issues in the Kingdom of Saudi Arabia, and provides meteorological information as well as weather prediction. The reports include: 'Uses of the Risk Assessment and Survey Results to Design other Long-term Studies to Support their Findings: Final Report: Planning Document for a Long-term Health and Exposure Study in the Kingdom of Saudi Arabia;' '7th Biannual Report: Kingdom of Saudi Arabia Remediation and Restoration Programme;” and the 'Outstanding Issues Report for Consideration at the 75th Session of the Governing Council: Kingdom of Saudi Arabia Remediation and Restoration Programme.' Follow-up Programme records also contain reports issued by the National Focal Points and Independent Reviewers of Iran, Kuwait and Jordan.
The Verification and Valuation Support Branch (VVSB) and the Legal Service Branch (LSB) were both a part of the Claims Processing Division within the Office of the Executive Secretary. The two branches worked closely in the valuation of claims. LSB handled all organizational work related to the task of claims review, but when new issues arose, its teams worked with VVSB and the panels of Commissioners to develop appropriate methodologies.
VVSB records contain memoranda and correspondence dealing with valuation, verification, workflows and methodologies of category “D” and “E” claims, including an indemnity valuation guide provided by PAAC; valuation of intellectual property with discussions of specific cases; verification program methodologies; progress reports and other types of reports including “Evaluation of Losses Arising from the Destruction of Property.” In addition, there are operating and instructional manuals including “D4 Personal Property Training Manual,” “D7 (Real Property) Training Manual,” “D Miscellaneous Loss Types Training Manual,” “VVSB Tool Kit to the “E4” Methodology;” as well as a manual for new UNCC staff. The records also contain meeting minutes from working sessions with “D4” claims panel of Commissioners.
LSB records include correspondence and memoranda with corrections to previously filed claims, such as a provisional procedure for responding to Article 41 of the Provisional Rules for Claims Procedure (annexed to Decision 10 (1992)) that provided corrections to awards due to computational, clerical, typographical or other errors, in categories “D” - “F”; documentation of the investigation of duplicate claims and the attempts to return some previously expended funds; guidelines for reviewing claims that were either too low or too high; presentation slides, transparencies, and drafts of official UNCC reports.
Processing Archivists: Corinne O’Connor, Aleksandr Gelfand
Volume: 81 boxes