A similar exercise was conducted with respect to category C for the purpose of identifying duplicate claims during claims processing.

Claim preparers often attended interviews with claimants and frequently acted as interpreters.

In addition to initial fees and disbursements, claim preparers often charged contingency fees based on the outcome of the claims.

First F4 instalment claim Nos. 5000354, 5000355, 5000356, 5000357, 5000358 and 5000430.

According to Iraq, international law and practice do not recognize the methodologies relied upon by the Claimants in these claims.

During their interviews, the claim preparers denied that they fabricated or altered evidence to bolster a claim or assisted claimants without valid losses to fabricate claims.

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.

Claims

It was further observed that draft subparagraph 83 (b)(ii) applied only to claims against the carrier, while claims brought by the carrier were outside its scope.

Claims preparation costs A number of category D claimants have made claims for claims preparation costs incurred by them, either in amounts specified on the claim form or in general terms.

Iraq contends that the methodologies that have been used by the Claimants are not acceptable.

For these claims, the electronic information existing in the database was compared to the paper claim forms submitted by the claimants.

It should be noted that, when notifying the Commission of these duplicate claims, the Governments returned to the Compensation Fund the full amount of the awards issued for such duplicate claims.

The monitoring and assessment claims of Iran that were awarded funding in the first F4 instalment and are relevant to claim No. 5000287 are claim Nos. 5000392, 5000393 and 5000395.

review of non overlapping claims in the FOURTHsecond group of overlapping claims

Pursuant to Procedural Order No. 1, the secretariat transmitted to Iraq copies of the claim files, comprising the claim form, statement of claim and related exhibits, for each of the claims in the fifth F4 instalment except for those claims which had already been transmitted in a previous instalment as described in paragraph 5 above.

Of the 19 claims, 18 were deferred for determinations in respect of stand alone, overlapping and competing business claim issues and for investigation of potential irregularities in the documentation provided by claimants in support of their asserted business losses.

Some claimants indicated that they engaged a claim preparer after seeing advertisements placed in Kuwaiti newspapers offering assistance with the filing of Palestinian late claims .

(e) Medical claims

In particular, the Panel considered that it was appropriate to propose, as needed, adjustments to such awards in the light of new information and evidence presented.

Duplicate claims

Category C corrections Recommendations for corrections to category C claims are those arising from confirmed duplicate claims, discrepancies between the electronic and paper claim formats, and multiple recovery based on the duplication of claim awards.

Stand alone claims

The results of the Panel's review of each of these claims are set out below.

Claims without a parenthetical reference contained corporate losses only.

With regard to the claims made for pain and suffering for non fatal injuries, the Claimants state that these are distinct from the government claims for reduced quality of life.

Concerning the issue of duplicate claims, the secretariat indicated that it was aware of the risk of duplicate claims from the outset of claims processing and took steps to identify and eliminate such claims during the course of claims processing.

In connection with the claims by governments for loss of life and reduced quality of life of their nationals, Iraq asserts that the claims are inadmissible because the Claimants concerned lack legal standing to bring such claims before the Commission.

The Panel notes that common traits displayed by these claim preparers include their command of the English language and familiarity with the Commission's claim development procedures and jurisprudence from the regular claims programme.

The secretariat has also used these electronic searches for duplicate claims in the Palestinian late claims programme, the Bedouin programme and the category A and C late claims programme.

First F4 instalment, claim Nos. 5000363, 5000408 and 5000409.

All claim areas, except Peter I Island, are sectors, the borders of which are defined by degrees of longitude.

Non judicially determined claims have not been tested in a court. Most applicants have access to the domestic violence provisions using non judicially determined claims.

Claims and Survey Unit

The total losses alleged in the instalment therefore are USD 35,972,592.

Where a claimant claims in a currency other than Kuwaiti dinars, the Panel values the claim in Kuwaiti dinars using the appropriate exchange rate.

The present report sets out the Panel's recommendations for a fourthsecond group of overlapping claims from resolved E4 instalments (the fourthsecond group of overlapping claims ).

Valuation of secured claims

REPORT AND RECOMMENDATIONS MADE BY THE D2 PANEL OF COMMISSIONERS CONCERNING PALESTINIAN INDIVIDUAL CLAIMS FOR DAMAGES

These claims have been recognized only between the countries making claims in the area.

The claims comprising this instalment are set out more fully in section I below.

In accordance with the criteria established by the Panel, 16 claim files were transmitted to Iraq for its comments.

The general outlines and objectives of the modifications have been indicated in the parts of the report dealing with the relevant claims.

Only unreasonable claims may be refused, but the state will bear the burden of proving unreasonableness.

The Panel was mindful that the E4 claims in the second fourth group of overlapping claims had already been awarded compensation, and therefore gave priority to identifying those cases in which there was no actual overlap.