In summary, the Panel's objective was to review the claims by applying established principles in a consistent and objective manner, having regard to the particular features of this claims population.

With regard to claims for expenses resulting from public health expenditures, Iraq contends that there is no legal basis for such claims.

It was suggested that small claims are usually handled locally, regardless of jurisdiction clauses, and that larger claims are often dealt with on both the cargo and carrier side on a non local basis by insurers.

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.

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

For these reasons, the Panel considers that claims presented on the basis of HEA or similar methodologies of resource valuation should be accepted only after the Panel has satisfied itself that the extent of damage and the quantification of compensation claimed are appropriate and reasonable in the circumstances of each claim.

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.

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

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

To date, approximately 20 billion has been made available to Governments and international organizations for distribution to successful claimants in all categories of claims.

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 .

In three of the potentially overlapping claims, the Panel considers that the relationship was mistakenly identified based on the similarity between the E4 claimant's name and the individual's name and or business names.

(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.

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

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.

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.

According to Iraq, claims for interim loss of non commercial resources have no basis in Security Council resolution 687 (1991) or Governing Council decision 7.

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

As the role of the claim preparers in the preparation of claims appeared to warrant further scrutiny, at the Panel's instruction, a number of claim preparers were interviewed during the technical mission to Jordan in January 2005.

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

Iraq provided written comments on 14 of the 16 claims.

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.

The fellowship programmes are conducted on an annual basis and participation is competition based.

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.

Draft article 15 Category of claims

These claims are discussed below.

The Comité Maritime International ( CMI ) offered to circulate to its members a questionnaire with respect to the limitation levels applicable to maritime claims, as well as any available information on the value of cargo claims.

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

Details of the claims or parts of claims that were deferred from previous F4 instalments or transferred from other claims categories are discussed in the relevant sections of this report.

The Panel is satisfied that these claims do not present any risk of duplication of awards.

At the direction of the Panel, interviews were scheduled with the majority of these claimants.

As a starting point, the Panel requires claimants to submit the Iraqi dinars to the Commission.