(h) Recognize existing creditors rights and establish clear rules for ranking of priority claims.

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

Decision concerning the payment mechanism and the priority of payment of outstanding claims (S AC.26 Dec.256 (2005))

Where the estate is insufficient to cover all the claims within the same priority , then settlement shall be made on a pro rata basis within that priority.

Note to the Working Group The commentary will provide examples of exceptions, such as post commencement priority financings and privileged claims.

To adopt a decision on the payment mechanism and the priority of payment of outstanding claims (S AC.26 Dec.256 (2005)).

As indicated above, a decision was taken at this session to modify the payment mechanism and the priority of payment of outstanding claims.

Decision concerning the payment mechanism and the priority of payment of outstanding claims taken by the Governing Council of the United Nations Compensation Commission

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.

(188) The insolvency law should specify that secured claims should be satisfied from the encumbered asset in liquidation or pursuant to a reorganization plan, subject to claims that are superior in priority to the secured claim, if any.

The law should limit, both in number and amount, preferential claims that have priority over security rights that are effective against third parties, and to the extent preferential claims exist, they should be described in the law in a clear and specific way.

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

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.

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

Of these claims, the Panel recommends awards of compensation for two claims, while no awards are recommended for the remaining 16 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.

Second instalment category A claims corrections Third instalment category A claims corrections Fourth instalment category A claims corrections Fifth instalment category A claims corrections Sixth instalment category A claims corrections First instalment category C claims corrections Fourth instalment category C claims corrections

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

Admissibility of claims

The fifth F4 instalment includes a number of claims or parts of claims that were deferred from previous F4 instalments or transferred from other claims categories.

Of the 24 company claims in this instalment, 19 are stand alone claims four are corporate detainee claims and one is an E2 claim.

As a result of the computer programme and manual follow up, 37,850 category A claims were identified as confirmed duplicate claims during the course of claims processing.

(o) Ranking of claims

Valuation of secured claims

As stated above, the eligible category D Palestinian late claims have a higher incidence of loss types and higher amounts claimed than claims in the regular category D claims programme, giving rise to a potential risk of overstatement of the 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.

(v) Provision of secretariat services to the Claims Board and the Advisory Board on Compensation Claims.

Accessibility of restitution claims procedures

Admission or denial of claims

The E4 claims population consists of claims submitted by Kuwaiti private sector corporations and entities, other than oil sector and environmental claims, eligible to file claims under the Commission's Claim Forms for Corporations and Other Entities ( Form E ).

As a result, approximately 5,000 duplicate claims were identified and eliminated during the course of claims processing.

The median amount claimed is about USD 470,000 for claims in this instalment, compared with about USD 263,000 for all claims, about USD 335,000 for Jordanian claims and about USD 276,000 for Kuwaiti claims in the regular category D claims programme Approximately 75 per cent of the claims in this instalment contain D8 D9 business losses in relation to unincorporated establishments in Kuwait.

Although the category D Panel (the D' Panel ) began its review of claims in 1996, the first five instalments of category D claims did not include any claims for business losses.

A preliminary examination of these claims revealed that some, but not all, of the Kuwaiti companies in issue had filed claims with the Commission, which were being processed as E4 claims.

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.

Category A corrections higher to lower amounts Family to individual The Government of the Philippines reported that 17 claims originally filed as family claims were in fact individual claims.

Duplicate claims

Reclamation claims

The UNCC secretariat commented that it has also assisted the D2 Panel of Commissioners in its review of the category D Palestinian late claims, a claims population with a significant risk of overstated claims.

The Panel considers that these features of the claims population give rise to a potential risk of overstatement of the claims.

None of these claims was true.

Beware of anyone who claims objectivity.

Draft article 15 Category of claims

The searches identified 104 E4 claims with approved awards of compensation in the first seven instalments as potentially overlapping with 61 claims in category C and 70 claims in category D .

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.