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Tuesday, July 26, 2016 2:30:37 PM
The Act provides in Section 503(a) that in making determinations with respect to the validity and amount of claims and value of properties, rights, or interests taken, the Commission shall take into account the basis of valuation most appropriate to the property and equitable to the claimant, including but not limited to fair market value, book value, going concern value, or cost of replacement.
The question, in all cases will be to determine the basis of valuation which, under the particular circumstances, is "most appropriate to the property and equitable to the claimant". This phraseology does not differ from the international legal standard that would normally prevail in the evaluation of nationalized property. It is designed to strengthen that standard by giving specific bases of valuation that the Commission shall consider.
There may be a lot of wiggle room with these claims. If the US is sticking to the claims from 1960, then interest should be owed. If they go for present day value, it could be much more... Either way, their goal should be to protect the US shareholders and corporations. Max penalty/retribution should be the goal. I'm willing to wait 10 years for a max payout rather than 'settling' now for fractions of what Cuba owes. Plus any time delayed will be that much more accrued interest potentially. :)
$MNII
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