CG78710 - Compensation: confiscated property: UK-foreign government agreements
Capital Gains Technical Group is aware of a number of specific agreements between the UK Government and a foreign Government where this type of compensation can be claimed. This guidance page tells you about these. If you are dealing with a case which involves an agreement of this type which is not covered by these instructions, we would like to know about it.
UK-USSR Agreement of 1969
This agreement came into force on 16 June 1969 and related to property in the Baltic States (Latvia, Lithuania and Estonia) which had been confiscated on their incorporation into the Soviet Union in 1940. It is unlikely that you will have to deal with a case involving a claim under it now. If, exceptionally, you do you should refer to CG12050+ for guidance. Claims made under this agreement were the subject of Davenport v Chilver, see CG78702.
UK-USSR Agreement of 1986
This agreement came into force on 1 February 1987 and provided
for compensation for property confiscated during the Bolshevik
Revolution in 1917. Claims could be made by UK citizens, or their
descendants. CG78730+ tell you how to deal with compensation which
is paid in such cases.
In 1994, the Russian Government announced that it was
prepared to pay compensation in respect of property confiscated
during the 1917 Revolution. CG78820 tells you about this.
UK-Czechoslovakia Agreement of 1982
This agreement came into force on 1 September 1982 and provided for compensation for property confiscated in Czechoslovakia. Claims could be made by UK citizens, or their descendants. CG78730+ tell you how to deal with compensation which is paid in such cases.
UK-China Agreement of 1987
This agreement came into force on 1 March 1988 and provided for compensation for property confiscated in China following the Communist revolution in 1949. Claims could be made by UK citizens, or their descendants. CG78730+ tell you how to deal with compensation which is paid in such cases.
Foreign Compensation Commission
Claims under the agreements described above had to be made to the Foreign Compensation Commission, which administered them on behalf of the Foreign Office. Claimants were asked to specify the property which had been confiscated and the amount of monetary compensation claimed. As the amount actually paid out depended on the total amount claimed, claimants would not necessarily be paid in full.
The Foreign Compensation Act
ESC/D50, see CG78705+, applies to any agreement which is made under the Foreign Compensation Act 1950. CG78730+ tell you how the Concession works.
Spoliation Advisory Panel
This panel was set up by the Secretary of State for Culture, Media and Sport in April 2001 to consider claims for the return of cultural items looted during the Nazi era.
Seizure declared illegal
Where compensation is received following a legal decision to the effect that the original seizure or enforced transfer of property was wrongful and should be declared illegal, please submit your papers with full facts to Capital Gains Technical Group.
