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

In reviewing the claims in this instalment, the Panel has also taken note of the observations of the Palestinian Panel contained in its four reports on the Palestinian late claims programme.

In reviewing the claims, the Panel has taken into account comments received from the Government of the Republic of Iraq ( Iraq ).

16. Urges the Secretary General to give priority to the reimbursement of claims from liquidated missions, including maintaining adequate reserves to settle claims once certified

The majority of the claims in the fourthsecond group of overlapping claims were filed by an E4 claimant and an individual claimant who was a shareholder of the E4 claimant company.

Fourth, in some instances the information contained in the audited accounts was inconsistent with other evidence proffered by the claimants.

Soon after the Panel commenced its review of the eligible category D Palestinian late claims , it became apparent that this claims population exhibits certain features that were not present in the claims in the regular category D claims programme or, if present, were not present to the same degree.

To approve corrections to certain category A, C and D claims contained in the thirty second report of the Executive Secretary pursuant to article 41 of the Provisional Rules for Claims Procedure (S AC.26 Dec.254 (2005)).

The average number of loss types per claim is higher in this instalment than for claims in the regular category D claims programme as a whole.

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

The Panel addressed coastal damage requiring remediation in Kuwait's fourth F4 instalment claim No 5000259 at paragraphs 158 191 of the fourth F4 report, part one.

The claims in the fifth F4 instalment were submitted to the Panel in accordance with article 32 of the Rules on 17 November 2003.

In conformity with the provisions of article 40, paragraph 5 of the Rules, information concerning the identities of individual claimants and the amount to be paid to each individual claimant will not be made public, but will be provided to each submitting entity separately.

Damage to public health The claims in the fifth F4 instalment include claims by governments for losses or expenses resulting from damage to public health, in terms of adverse health effects on specific categories of residents of the claimant countries or on the general population.

Hence, the term jointly , in paragraph 2, should be understood stricto sensu, namely, an identical action, as in the case of collective claims or actions.

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.

SUMMARY OF RECOMMENDATIONS Based on the foregoing, the Panel recommends that the amounts set out in table 26 be awarded in respect of the claims in the fifth F4 instalment.

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

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

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

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.

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

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.

Damage to natural resources without commercial value Some of the claims in the fifth F4 instalment are for compensation for losses in relation to natural resources alleged to have been damaged as a result of Iraq's invasion and occupation of Kuwait.

For the review of the claims in the third F4 instalment, the Panel found that Security Council resolution 687 (1991) and the relevant decisions of the Governing Council provided sufficient guidance.

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

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

Draft article 15 Category of claims

These claims are discussed below.

These E4 claims were considered in the second instalment of E4 claims.

This global approach was suited to the specifics of category C claims processing, as category C claims are subject to mass claims processing procedures and are not subject to extensive individual review or claim development.