50 USC Ch Fifty Three TRADING WITH THE ENEMY

CHAPTER 53—TRADING WITH THE ENEMY
Licenses to enemy or ally of enemy insurance or reinsurance firms; change of name; doing enterprise in United States.

Suspension of provisions referring to ally of enemy; regulation of transactions in foreign trade of gold or silver, property transfers, vested pursuits, enforcement and penalties.

Alien Property Custodian; basic powers and duties.

Lists of enemy or ally of enemy officers, directors or stockholders of firms in United States; acts constituting trade with enemy previous to October 6, 1917; conveyance of property to custodian; voluntary cost to custodian by holder; acts beneath order, rule, or regulation.

Contracts, mortgages, or pledges towards or with enemy or ally of enemy; abrogation of contracts; suspension of limitations.

Claims to property transferred to custodian; notice of declare; filing; return of property; fits to recuperate; sale of claimed property in time of war or during national emergency.

Acts permitted; functions for patents, or registration of trade-marks or copyrights; cost of tax in relation thereto; licenses under enemy owned patent or copyright; statements by licensees; time period and cancellation; suits against licensees; restraining infringements; powers of attorney; maintaining secret innovations.

Property transferred to Alien Property Custodian.

Statements by masters of vessels and owners of cargoes earlier than granting clearances.

False manifest; refusal of clearance; reviews of gold or silver coin in cargoes for export.

Offenses; punishment; forfeitures of property.

Rules by district courts; appeals.

Fees of brokers, attorneys, or representatives.

Claims of naturalized citizens as affected by expatriation.

Fugitives from justice barred from restoration.

Payment of revenue, and so forth., by Alien Property Custodian.

Payment of taxes and bills by Alien Property Custodian.

Investments by Custodian in taking part certificates issued by Secretary of the Treasury; transfers to and payments from German, Austrian or Hungarian special deposit accounts; allocation of funds.

Allocation of “unallocated curiosity fund”.

Return by Custodian, to United States, of payments underneath licenses, assignments or gross sales of patents.

“Unallocated curiosity fund” defined.

Waiver by Custodian of demand for property; acceptance of less quantity; approval of Attorney General.

Attachment or garnishment of funds or property held by Custodian.

“Member of the former ruling household” defined.

Notice of claim; establishment of fits; computation of time.

Hearings on claims; guidelines and rules; delegation of powers.

Shipment of relief supplies; definitions.

Retention of properties or interests of Germany and Japan and their nationals; proceeds covered into Treasury; ex gratia fee to Switzerland.

Intercustodial conflicts involving enemy property; authority of President to conclude; delegation of authority.

Divestment of estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits; exceptions; notice of divestment.

Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” outlined, rights of licensees and assignees, replica rights of United States, switch of interests, payment of royalties to Attorney General, suits for infringement.

Divestment of logos.

Motion picture prints, switch of title.

Editorial Notes
Codification
Act Oct. 6, 1917, ch. 106, 40 Stat. 411, comprising this chapter, was previously set out within the Appendix to this title, previous to the elimination of the Appendix to this title and the editorial reclassification of the Act as this chapter. For disposition of sections of the former Appendix to this title, see Table II, set out preceding part 1 of this title.

Statutory Notes and Related Subsidiaries
Termination of World War and Emergency
Act Oct. 6, 1917, ch. 106, forty Stat. 411, comprising this chapter, was expressly excepted from the operation and impact of Joint Res. Mar. 3, 1921, ch. 136, 41 Stat. 1359, declaring that sure Acts of Congress, joint resolutions, and proclamations ought to be construed as if the World War had ended and the then present or current emergency expired.

§4301. Designation of chapter
This chapter shall be often recognized as the “Trading with the enemy1 Act.”

(Oct. 6, 1917, ch. 106, §1, 40 Stat. 411.)

Editorial Notes
References in Text
This chapter, referred to in text, was in the authentic “this Act”, meaning act Oct. 6, 1917, ch. 106, forty Stat. 411, often known as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is classed principally to this chapter. For complete classification of this Act to the Code, see Tables.

Codification
Section was previously classified to section 1 of the previous Appendix to this title prior to editorial reclassification and renumbering as this part.

§4302. Definitions
The word “enemy,” as used herein, shall be deemed to mean, for the purposes of such trading and of this chapter—

(a) Any individual, partnership, or different body of individuals, of any nationality, resident throughout the territory (including that occupied by the navy and naval forces) of any nation with which the United States is at struggle, or resident outside the United States and doing enterprise within such territory, and any corporation incorporated inside such territory of any nation with which the United States is at struggle or integrated inside any nation apart from the United States and doing business within such territory. (b) The government of any nation with which the United States is at warfare, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof. (c) Such other individuals, or physique or class of individuals, as could also be natives, citizens, or subjects of any nation with which the United States is at struggle, other than residents of the United States, wherever resident or wherever doing enterprise, because the President, if he shall discover the security of the United States or the profitable prosecution of the war shall so require, might, by proclamation, embrace within the time period “enemy.” The phrases “ally of enemy,” as used herein, shall be deemed to mean— (a) Any particular person, partnership, or different physique of people, of any nationality, resident within the territory (including that occupied by the army and naval forces) of any nation which is an ally of a nation with which the United States is at struggle, or resident exterior the United States and doing business within such territory, and any company integrated inside such territory of such ally nation, or included inside any nation other than the United States and doing business inside such territory. (b) The government of any nation which is an ally of a nation with which the United States is at struggle, or any political or municipal subdivision of such ally nation, or any officer, official, agent, or company thereof. (c) Such different people, or body or class of people, as may be natives, citizens, or topics of any nation which is an ally of a nation with which the United States is at struggle, apart from citizens of the United States, wherever resident or wherever doing business, because the President, if he shall find the security of the United States or the profitable prosecution of the struggle shall so require, might, by proclamation, embody inside the term “ally of enemy.” The word “person,” as used herein, shall be deemed to mean a person, partnership, affiliation, firm, or different unincorporated body of people, or corporation or physique politic. The words “United States,” as used herein, shall be deemed to mean all land and water, continental or insular, in any method within the jurisdiction of the United States or occupied by the military or naval forces thereof. The phrases “the beginning of the war,” as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of warfare. The phrases “finish of the warfare,” as used herein, shall be deemed to mean the date of proclamation of change of ratifications of the treaty of peace, except the President shall, by proclamation, declare a prior date, by which case the date so proclaimed shall be deemed to be the “finish of the struggle” within the which means of this chapter. The phrases “financial institution or banks,” as used herein, shall be deemed to imply and embody national banks, State banks, trust corporations, or different banks or banking associations doing business under the legal guidelines of the United States, or of any State of the United States. The phrases “to trade,” as used herein, shall be deemed to mean— (a) Pay, satisfy, compromise, or give security for the cost or satisfaction of any debt or obligation. (b) Draw, accept, pay, current for acceptance or fee, or indorse any negotiable instrument or selected in motion. (c) Enter into, keep on, full, or perform any contract, agreement, or obligation. (d) Buy or sell, mortgage or lengthen credit, trade in, deal with, change, transmit, transfer, assign, or in any other case get rid of, or receive any form of property. (e) To have any type of enterprise or industrial communication or intercourse with. (Oct. 6, 1917, ch. 106, §2, 40 Stat. 411.) Editorial Notes References in Text This chapter, referred to in textual content, was in the authentic “this Act”, which means act Oct. 6, 1917, ch. 106, forty Stat. 411, generally identified as the Trading with the enemy Act, also recognized as the Trading with the Enemy Act, which is classified principally to this chapter. For full classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was previously categorized to part 2 of the previous Appendix to this title previous to editorial reclassification and renumbering as this section. Executive Documents World War I Proclamations Enumerating Enemies The following Presidential Proclamations issued throughout World War I declared the partnerships and persons enumerated therein to be “enemies”: Proc. Feb. 5, 1918, forty Stat. 1745. Proc. May 31, 1918, forty Stat. 1786. Proc. Aug. 10, 1918, 40 Stat. 1833. Proc. Aug. 14, 1918, 40 Stat. 1837. Proc. Nov. 29, 1918, forty Stat. 1899. §4303. Acts prohibited It shall be unlawful— (a) For any particular person within the United States, besides with the license of the President, granted to such person, or to the enemy, or ally of enemy, as provided on this chapter, to commerce, or try to commerce, either immediately or not directly, with, to, or from, or for, or on account of, or on behalf of, or for the good thing about, some other person, with data or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or collaborating in such trade, immediately or not directly, for, or on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy. (b) For any person, besides with the license of the President, to move or try to move into or from the United States, or for any owner, master, or other particular person in command of a vessel of American registry to move or attempt to transport from anyplace to some other place, any topic or citizen of an enemy or ally of enemy nation, with information or cheap trigger to consider that the individual transported or attempted to be transported is such topic or citizen. (c) For any person (other than an individual in the service of the United States Government or of the Government of any nation, besides that of an enemy or ally of enemy nation, and apart from such individuals or lessons of individuals as may be exempted hereunder by the President or by such person as he could direct), to send, or take out of, or convey into, or try to send, or take out of, or bring into the United States, any letter or different writing or tangible type of communication, besides in the regular course of the mail; and it shall be unlawful for any particular person to ship, take, or transmit, or try to send, take, or transmit out of the United States, any letter or other writing, guide, map, plan, or other paper, picture, or any telegram, cablegram, or wi-fi message, or other form of communication supposed for or to be delivered, immediately or indirectly, to an enemy or ally of enemy: Provided, nevertheless, That any person may send, take, or transmit out of the United States anything herein forbidden if he shall first submit the identical to the President, or to such officer as the President could direct, and shall acquire the license or consent of the President, beneath such guidelines and laws, and with such exemptions, as shall be prescribed by the President. (d) Whenever, in the course of the current struggle, the President shall deem that the public security calls for it, he may trigger to be censored underneath such guidelines and rules as he might from time to time set up, communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country he might every so often specify, or which can be carried by any vessel or different technique of transportation touching at any port, place, or territory of the United States and certain to or from any international country. Any one that willfully evades or makes an attempt to evade the submission of any such communication to such censorship or willfully uses or makes an attempt to use any code or different gadget for the aim of concealing from such censorship the intended meaning of such communication shall be punished as supplied in section 4315 of this title. (Oct. 6, 1917, ch. 106, §3, forty Stat. 412.) Editorial Notes References in Text This chapter, referred to in subsec. (a), was within the authentic “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, generally identified as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For full classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was previously categorised to part three of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. Executive Documents Delegation of Functions President’s powers beneath subsec. (a) of this part delegated throughout World War II to Secretary of the Treasury by Memorandum of the President dated Feb. 12, 1942, 7 F.R. 1409, and to Alien Property Custodian by Ex. Ord. No. 9095, Mar. 11, 1942, 7 F.R. 1971. Office of World War II Alien Property Custodian terminated and powers, duties, and capabilities vested in or transferred or delegated to such Office or in the Alien Property Custodian transferred to Attorney General, see Ex. Ord. No. 9788, set out under part 4306 of this title. §4304. Licenses to enemy or ally of enemy insurance coverage or reinsurance companies; change of name; doing enterprise in United States (a) Every enemy or ally of enemy insurance or reinsurance company, and every enemy or ally of enemy, doing business throughout the United States by way of an company or department workplace, or in any other case, could within thirty days after October 6, 1917, apply to the President for a license to proceed to do business; and, within thirty days after such application, the President might enter an order either granting or refusing to grant such license. The license, if granted, may be short-term or in any other case, and for such period of time, and will contain such provisions and situations regulating the business, businesses, managers and trustees and the control and disposition of the funds of the corporate, or of such enemy or ally of enemy, because the President shall deem essential for the security of the United States; and any license granted hereunder could also be revoked or regranted or renewed in such method and at such instances as the President shall decide: Provided, nevertheless, That reasonable discover of his intent to refuse to grant a license or to revoke a license granted to any reinsurance firm shall be given by him to all insurance companies included within the United States and identified to the President to be doing business with such reinsurance company: Provided further, That no insurance firm, organized inside the United States, shall be obligated to continue any existing contract, entered into prior to the beginning of the war, with any enemy or ally of enemy insurance coverage or reinsurance firm, but any such company might abrogate and cancel any such contract by serving thirty days’ notice in writing upon the President of its election to abrogate such contract. For a period of thirty days after October 6, 1917, and further pending the entry of such order by the President, after application made by any enemy or ally of enemy insurance or reinsurance company, within such thirty days as above supplied, the provisions of the President’s proclamation of April sixth, nineteen hundred and seventeen, relative to companies in the United States of sure insurance coverage companies, as modified by the provisions of the President’s proclamation of July thirteenth, nineteen hundred and seventeen, relative to marine and war-risk insurance, shall remain in full pressure and effect so far as it applies to such German insurance coverage firms, and the situations of stated proclamation of April sixth, nineteen hundred and seventeen, as modified by mentioned proclamation of July thirteenth, nineteen hundred and seventeen, shall additionally during stated period of thirty days after October 6, 1917, and pending the order of the President as herein offered, apply to any enemy or ally of enemy insurance coverage or reinsurance company, anything on this chapter to the contrary notwithstanding. It shall be illegal for any enemy or ally of enemy insurance or reinsurance firm, to whom license is granted, to transmit out of the United States any funds belonging to or held for the benefit of such firm or to use any such funds as the premise for the institution immediately or indirectly of any credit within or outdoors of the United States to, or for the advantage of, or on behalf of, or on account of, an enemy or ally of enemy. For a interval of thirty days after October 6, 1917, and further pending the entry of such order by the President, after software made within such thirty days by any enemy or ally of enemy, other than an insurance or reinsurance firm as above provided, it shall be lawful for such enemy or ally of enemy to proceed to do enterprise in this nation and for any person to trade with, to, from, for, on account of, on behalf of or for the advantage of such enemy or ally of enemy, something on this chapter on the contrary however: Provided, nevertheless, That the provisions of sections 4303 and 4315 of this title shall apply to any act or tried act of transmission or transfer of cash or different property out of the United States and to the use or attempted use of such money or property as the basis for the institution of any credit score within or exterior of the United States to, or for the benefit of, or on behalf of, or on account of, an enemy or ally of enemy. If no license is applied for within thirty days after October 6, 1917, or if a license shall be refused to any enemy or ally of enemy, whether or not insurance or reinsurance company, or different person, making software, or if any license granted shall be revoked by the President, the provisions of sections 4303 and 4315 of this title shall forthwith apply to all trade or to any attempt to commerce with, to, from, for, purchase, on account of, or on behalf of, or for the advantage of such firm or different individual: Provided, nonetheless, That after such refusal or revocation, something in this chapter to the contrary however, it shall be lawful for a policyholder or for an insurance coverage firm, not an enemy or ally of enemy, holding insurance coverage or having effected reinsurance in or with such enemy or ally of enemy insurance or reinsurance firm, to receive payment of, and for such enemy or ally of enemy insurance or reinsurance firm to pay any premium, return premium, claim, cash, security, or different property due or which can turn into due on or in respect to such insurance coverage or reinsurance in pressure at the date of such refusal or revocation of license; and nothing in this chapter shall vitiate or nullify then existing policies or contracts of insurance or reinsurance, or the circumstances thereof; and any such policyholder or insurance firm, not an enemy or ally of enemy, having any claim to or upon cash or other property of the enemy or ally of enemy insurance coverage or reinsurance company within the custody or control of the alien property custodian, hereinafter supplied for, or of the Treasurer of the United States, might make utility for the payment thereof and may institute suit as offered in part 4309 of this title. (b) During the present warfare, no enemy, or ally of enemy, and no partnership of which he is a member or was a member at the beginning of the war, shall for any function assume or use any name apart from that by which such enemy or partnership was ordinarily identified at the beginning of the war, except beneath license from the President. Whenever, through the current war, within the opinion of the President the public security or public curiosity requires, the President might prohibit any or all overseas insurance corporations from doing business within the United States, or the President might license such firm or firms to do business upon such phrases as he may deem correct. (Oct. 6, 1917, ch. 106, §4, 40 Stat. 413.) Editorial Notes References in Text For proclamation of April 6, 1917, 40 Stat. 1654, and proclamation of July 13, 1917, 40 Stat. 1684, referred to in subsec. (a), see World War I Presidential Proclamations notes below. This chapter, referred to in subsec. (a), was within the unique “this Act”, that means act Oct. 6, 1917, ch. 106, 40 Stat. 411, generally identified as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is assessed principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was formerly categorized to part four of the former Appendix to this title prior to editorial reclassification and renumbering as this part. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. World War I Presidential Proclamations Proc. Apr. 16, 1917, 40 Stat. 1654, declared and proclaimed that branch institutions of German insurance coverage companies doing enterprise in the United States could be approved to continue to do so, topic to the rules and rules of the State during which such establishment’s principal workplace is positioned, however prohibited transmission of any funds outside of the United States or the usage of any funds for the establishment of any credit inside or outside of the United States to or for the benefit or use of the enemy or any of its allies with out the permission of the Federal Government. Proc. July 13, 1917, 40 Stat. 1684, declared and proclaimed that branch institutions of German insurance coverage corporations doing business in the United States can be prohibited from transacting the business of marine and war threat insurance coverage either as direct insurers or re-insurers and directed that such prohibition would extend and function to suspend all existing contracts for the period of the struggle. §4305. Suspension of provisions regarding ally of enemy; regulation of transactions in international trade of gold or silver, property transfers, vested pursuits, enforcement and penalties (a) The President, if he shall find it suitable with the protection of the United States and with the successful prosecution of the war, could, by proclamation, suspend the provisions of this chapter as far as they apply to an ally of enemy, and he could revoke or renew such suspension every so often; and the President might grant licenses, special or general, temporary or in any other case, and for such time period and containing such provisions and circumstances as he shall prescribe, to any individual or class of persons to do enterprise as supplied in subsection (a) of section 4304 of this title, and to perform any act made illegal without such license in section 4303 of this title, and to file and prosecute applications under subsection (b) of section 4310 of this title; and he could revoke or renew such licenses once in a while, if he shall be of opinion that such grant or revocation or renewal shall be suitable with the safety of the United States and with the successful prosecution of the war; and he could make such rules and laws, not inconsistent with regulation, as may be needed and proper to carry out the provisions of this chapter; and the President may train any power or authority conferred by this chapter through such officer or officers as he shall direct. If the President shall have cheap cause to consider that any act is about to be carried out in violation of section 4303 of this title he shall have authority to order the postponement of the efficiency of such act for a interval not exceeding ninety days, pending investigation of the details by him. (b)(1) During the time of war, the President might, via any agency that he may designate, and beneath such rules and laws as he might prescribe, via directions, licenses, or otherwise— (A) examine, regulate, or prohibit, any transactions in foreign exchange, transfers of credit or funds between, by, by way of, or to any banking establishment, and the importing, exporting, hoarding, melting, or earmarking of gold or silver coin or bullion, forex or securities, and (B) investigate, regulate, direct and compel, nullify, void, forestall or prohibit, any acquisition holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any proper, energy, or privilege with respect to, or transactions involving, any property during which any international nation or a nationwide thereof has any interest, by any person, or with respect to any property, topic to the jurisdiction of the United States; and any property or curiosity of any overseas nation or national thereof shall vest, when, as, and upon the terms, directed by the President, in such company or particular person as could also be designated every so often by the President, and upon such terms and situations as the President might prescribe such curiosity or property shall be held, used, administered, liquidated, bought, or in any other case handled in the curiosity of and for the good thing about the United States, and such designated agency or particular person may carry out any and all acts incident to the accomplishment or furtherance of these purposes; and the President shall, in the method hereinabove supplied, require any person to keep a full report of, and to furnish underneath oath, in the form of reports or otherwise, complete data relative to any act or transaction referred to on this subdivision either before, throughout, or after the completion thereof, or relative to any interest in foreign property, or relative to any property during which any overseas nation or any nationwide thereof has or has had any curiosity, or as could also be in any other case essential to enforce the provisions of this subdivision, and in any case during which a report could probably be required, the President may, within the manner hereinabove supplied, require the production, or if essential to the national safety or protection, the seizure, of any books of account, data, contracts, letters, memoranda, or other papers, in the custody or control of such individual. (2) Any payment, conveyance, transfer, project, or delivery of property or interest therein, made to or for the account of the United States, or as in any other case directed, pursuant to this subdivision or any rule, regulation, instruction, or path issued hereunder shall to the extent thereof be a full acquittance and discharge for all functions of the obligation of the individual making the identical; and no person shall be held liable in any court docket for or in respect to anything carried out or omitted in good faith in connection with the administration of, or in pursuance of and in reliance on, this subdivision, or any rule, regulation, instruction, or course issued hereunder. (3) As used in this subdivision the term “United States” means the United States and any place subject to the jurisdiction thereof: Provided, however, That the foregoing shall not be construed as a limitation upon the ability of the President, which is hereby conferred, to prescribe from time to time, definitions, not inconsistent with the needs of this subdivision, for any or the entire terms used in this subdivision. As used in this subdivision the time period “person” means an individual, partnership, association, or company. (4) The authority granted to the President by this part does not include the authority to manage or prohibit, instantly or indirectly, the importation from any nation, or the exportation to any country, whether or not business or in any other case, no matter format or medium of transmission, of any info or informational supplies, including but not limited to, publications, movies, posters, phonograph information, images, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph don’t embody those which are otherwise controlled for export underneath section of this title, or beneath section of this title to the extent that such controls promote the nonproliferation or antiterrorism insurance policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18. (Oct. 6, 1917, ch. 106, §5, 40 Stat. 415; Sept. 24, 1918, ch. 176, §5, forty Stat. 966; Mar. 9, 1933, ch. 1, §2, 48 Stat. 1; May 7, 1940, ch. 185, §1, fifty four Stat. 179; Dec. 18, 1941, ch. 593, title III, §301, fifty five Stat. 839; Proc. No. 2695, eff. July four, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 95–223, title I, §§101(a), 102, 103(b), Dec. 28, 1977, 91 Stat. 1625, 1626; Pub. L. 100–418, title II, §2502(a)(1), Aug. 23, 1988, 102 Stat. 1371; Pub. L. 103–236, title V, §525(b)(1), Apr. 30, 1994, 108 Stat. 474.) Editorial Notes References in Text This chapter, referred to in subsec. (a), was within the original “this Act”, which means act Oct. 6, 1917, ch. 106, forty Stat. 411, often identified as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is classed principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. Sections 4604 and 4605 of this title, referred to in subsec. (b)(4), had been repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. Codification Words “, together with the Philippine Islands, and the several courts of first instance of the Commonwealth of the Philippine Islands shall have jurisdiction in all cases, civil or criminal, arising underneath this subdivision in the Philippine Islands and concurrent jurisdiction with the district courts of the United States of all circumstances, civil or criminal, arising upon the high seas” following “to the jurisdiction thereof:” in subsec. (b)(3) were omitted upon the authority of 1946 Proc. No. 2695, which granted the Philippine Islands independence, and which was issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse. Proc. No. 2695 is about out as a observe beneath part 1394 of Title 22. Section was formerly categorised to section 5 of the previous Appendix to this title prior to editorial reclassification and renumbering as this part. Subsec. (b) was also formerly categorized to section 95a of Title 12, Banks and Banking, previous to its omission from the Code. Amendments 1994—Subsec. (b)(4). Pub. L. 103–236 amended par. (4) generally. Prior to modification, par. (4) read as follows: “The authority granted to the President in this subsection does not embody the authority to regulate or prohibit, directly or not directly, the importation from any country, or the exportation to any nation, whether commercial or in any other case, of publications, movies, posters, phonograph records, photographs, microfilms, microfiche, tapes, or different informational materials, which aren’t otherwise managed for export beneath part 4604 of this title or with respect to which no acts are prohibited by chapter 37 of title 18.” 1988—Subsec. (b)(4). Pub. L. 100–418 added par. (4). 1977—Subsec. (b)(1). Pub. L. 95–223, §§101(a), 102, substituted “During the time of struggle, the President could, by way of any company that he may designate, and underneath such rules and regulations” for “During the time of war or throughout any other period of nationwide emergency declared by the President, the President could, via any agency, that he may designate, or in any other case, and beneath such guidelines and rules” in provisions previous subpar. (A), and, in provisions following subpar. (B), struck out “; and the President could, within the manner hereinabove supplied, take different and additional measures not inconsistent herewith for the enforcement of this subdivision” after “control of such person”. Subsec. (b)(3). Pub. L. 95–223, §103(b), struck out provisions that whoever willfully violated any of the provisions of this subdivision or of any license, order, rule, or regulation issued thereunder, might be fined not more than $10,000, or, if a pure person, could be imprisoned for not more than ten years, or each; and that any officer, director, or agent of any company who knowingly participated in that violation could presumably be punished by a like fine, imprisonment, or each. 1941—Subsec. (b). Act Dec. 18, 1941, significantly broadened the powers of the President to take, administer, control, use and liquidate foreign-owned property and added a flexibility of control which enabled the President and the agencies designated by him to cope with the problems surrounding alien property, its possession or management, on the idea of the actual information in each case. 1940—Subsec. (b). Act May 7, 1940, included dealings in evidences of indebtedness or possession of property during which international states, nationals or political subdivisions thereof have an interest. 1933—Subsec. (b). Act Mar. 9, 1933, amongst different issues, prolonged President’s energy to any time of warfare nationwide emergency, permitted rules to be issued by any agency designated by President, provided for furnishing beneath oath of complete information relative to transactions under the subsection, and placed sanctions on violations to the extent of a $10,000 nice or ten years imprisonment. 1918—Subsec. (b). Act Sept. 24, 1918, inserted provisions regarding hoarding or melting of gold or silver coin or bullion or foreign money and to regulation of transactions in bonds or certificates of indebtedness. Statutory Notes and Related Subsidiaries Regulations Act Mar. 9, 1933, ch. 1, title I, §1, 48 Stat. 1, offered that: “The actions, rules, guidelines, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March four, 1933, pursuant to the authority conferred by subdivision (b) of part 5 of the act of October 6, 1917, as amended [50 U.S.C. 4305(b)], are hereby accredited and confirmed.” Limitation on Exercise of Emergency Authorities Pub. L. 103–236, title V, §525(b)(2), Apr. 30, 1994, 108 Stat. 474, supplied that: “The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [50 U.S.C. 4305(b)], which had been being exercised with respect to a rustic on July 1, 1977, because of a nationwide emergency declared by the President earlier than such date, and are being exercised on the date of the enactment of this Act [Apr. 30, 1994], don’t include the authority to regulate or prohibit, immediately or indirectly, any activity which, under part 5(b)(4) of the Trading With the Enemy Act, as amended by paragraph (1) of this subsection, may not be regulated or prohibited.” Pub. L. 100–418, title II, §2502(a)(2), Aug. 23, 1988, 102 Stat. 1371, provided that: “The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [50 U.S.C. 4305(b)], which were being exercised with respect to a country on July 1, 1977, because of a nationwide emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act [Aug. 23, 1988], do not embody the authority to regulate or prohibit, instantly or not directly, any activity which, beneath section 5(b)(4) of the Trading With the Enemy Act, as added by paragraph (1) of this subsection, is in all probability not regulated or prohibited.” Extension and Termination of National Emergency Powers Under the Trading With the Enemy Act Pub. L. 95–223, title I, §101(b), (c), Dec. 28, 1977, ninety one Stat. 1625, supplied that: “(b) Notwithstanding the modification made by subsection (a) [amending this section], the authorities conferred upon the President by part 5(b) of the Trading With the Enemy Act [50 U.S.C. 4305(b)], which have been being exercised with respect to a country on July 1, 1977, on account of a national emergency declared by the President earlier than such date, might continue to be exercised with respect to such nation, except that, until extended, the train of such authorities shall terminate (subject to the financial savings provisions of the second sentence of section 101(a) of the National Emergencies Act [50 U.S.C. 1601(a)]) on the finish of the two-year interval starting on the date of enactment of the National Emergencies Act [Sept. 14, 1976]. The President may extend the train of such authorities for one-year periods upon a dedication for each such extension that the train of such authorities with respect to such nation for another yr is in the national interest of the United States. “(c) The termination and extension provisions of subsection (b) of this part supersede the provisions of part 101(a) [50 U.S.C. 1601(a)] and of title II [50 U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that the provisions of subsection (b) of this section are inconsistent with these provisions.” Executive Documents Delegation of Functions President’s powers under subsec. (b) of this part delegated throughout World War II to Secretary of the Treasury by Memorandum of the President dated Feb. 12, 1942, 7 F.R. 1409, and to Alien Property Custodian by Ex. Ord. No. 9095, Mar. eleven, 1942, 7 F.R. 1971. Office of World War II Alien Property Custodian terminated and powers, duties, and capabilities vested in or transferred or delegated to such Office or within the Alien Property Custodian transferred to Attorney General, see Ex. Ord. No. 9788, set out under section 4306 of this title. Proc. No. 8271. Termination of the Exercise of Authorities Under the Trading With the Enemy Act With Respect to North Korea Proc. No. 8271, June 26, 2008, seventy three F.R. 36785, offered: I, GEORGE W. BUSH, President of the United States of America, by the authority vested in me by the Constitution and the legal guidelines of the United States, together with section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note) [now 50 U.S.C. 4305 note], hereby find that the continuation of the exercise of authorities underneath the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.) [now 50 U.S.C. 4301 et seq.] (TWEA) with respect to North Korea, as authorized in Proclamation 2914 of December 16, 1950, most just lately continued under Presidential Determination 2007–32 of September 13, 2007 (72 FR 53407), and applied by the regulations set forth below, is now not within the nationwide interest of the United States. Section 1. The exercise of TWEA authorities with respect to North Korea, which had been applied by the Foreign Assets Control Regulations, 31 C.F.R. half 500, and the Transaction Control Regulations, 31 C.F.R. part 505, and that were continued by Presidential Determination 2007–32 of September 13, 2007, is terminated, and Presidential Determination 2007–32 is rescinded with respect to North Korea. Sec. 2. The Secretary of the Treasury is authorized and directed to take all applicable measures inside the Secretary’s authority to provide effect to this proclamation. Sec. three. This proclamation just isn’t intended to, and doesn’t, create any proper, benefit, or privilege, substantive or procedural, enforceable at regulation or in fairness, by any party towards the United States, its departments, businesses, instrumentalities, or entities, its officers or staff, or some other individual. Sec. four. This proclamation is efficient at 12:01 a.m. jap daylight time on June 27, 2008. IN WITNESS WHEREOF, I even have hereunto set my hand this twenty-sixth day of June, within the 12 months of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second. George W. Bush. Ex. Ord. No. 8389. Regulating Transactions in Foreign Exchange and Foreign-Owned Property, Providing for the Reporting of All Foreign-Owned Property Ex. Ord. No. 8389, Apr. 10, 1940, 5 F.R. 1400, as amended by Ex. Ord. No. 8405, May 10, 1940, 5 F.R. 1677; Ex. Ord. No. 8446, June 17, 1940, 5 F.R. 2279; Ex. Ord. No. 8484, July 15, 1940, 5 F.R. 2586; Ex. Ord. No. 8493, July 25, 1940, 5 F.R. 2667; Ex. Ord. No. 8565, Oct. 10, 1940, 5 F.R. 4062; Ex. Ord. No. 8701, Mar. four, 1941, 6 F.R. 1285; Ex. Ord. No. 8711, Mar. 13, 1941, 6 F.R. 1443; Ex. Ord. No. 8721, Mar. 24, 1941, 6 F.R. 1622; Ex. Ord. No. 8746, Apr. 28, 1941, 6 F.R. 2187; Ex. Ord. No. 8785, June 14, 1941, 6 F.R. 2897; Ex. Ord. No. 8832, July 26, 1941, 6 F.R. 3715; Ex. Ord. No. 8963, Dec. 9, 1941, 6 F.R. 6348; Ex. Ord. No. 8998, Dec. 26, 1941, 6 F.R. 6787, supplied: part 1. sure foreign banking transactions prohibited All of the following transactions are prohibited, besides as particularly authorized by the Secretary of the Treasury by the use of rules, rulings, instructions, licenses, or otherwise, if (i) such transactions are by, or on behalf of, or pursuant to the path of any international country designated on this Order, or any national thereof, or (ii) such transactions involve property by which any foreign country designated in this Order, or any national thereof, has at any time on or because the effective date of this Order had any curiosity of any nature in any way, direct or indirect: A. All transfers of credit between any banking establishments inside the United States; and all transfers of credit between any banking establishment throughout the United States and any banking establishment outside the United States (including any principal, agent, house workplace, branch, or correspondent outside the United States, of a banking establishment within the United States); B. All funds by or to any banking institution throughout the United States; C. All transactions in foreign exchange by any person within the United States; D. The export or withdrawal from the United States, or the earmarking of gold or silver coin or bullion or foreign money by any individual throughout the United States; E. All transfers, withdrawals or exportations of, or dealings in, any evidences of indebtedness or evidences of possession of property by any individual within the United States; and F. Any transaction for the aim or which has the impact of evading or avoiding the foregoing prohibitions. part 2. dealings in overseas securities; regulations A. All of the next transactions are prohibited, besides as particularly licensed by the Secretary of the Treasury by the use of laws, rulings, instructions, licenses, or otherwise: (1) The acquisition, disposition or transfer of, or other dealing in, or with respect to, any safety or proof thereof on which there’s stamped or imprinted, or to which there is affixed or in any other case hooked up, a tax stamp or different stamp of a foreign country designated in this Order or a notarial or comparable seal which by its contents indicates that it was stamped, imprinted, affixed or connected within such international country, or where the attendant circumstances disclose or indicate that such stamp or seal could, at any time, have been stamped, imprinted, affixed or hooked up thereto; and (2) The acquisition by, or switch to, any particular person inside the United States of any curiosity in any safety or evidence thereof if the attendant circumstances disclose or indicate that the security or evidence thereof just isn’t physically located throughout the United States. B. The Secretary of the Treasury may examine, regulate, or prohibit underneath such regulations, rulings, or instructions as he could prescribe, by the use of licenses or otherwise, the sending, mailing, importing or in any other case bringing, immediately or not directly, into the United States, from any foreign country, of any securities or evidences thereof or the receiving or holding in the United States of any securities or evidences thereof so introduced into the United States. part 3. foreign international locations affected; effective date of prohibitions The time period “international nation designated on this Order” means a foreign nation included within the following schedule, and the time period “efficient date of this Order” means with respect to any such international country, or any nationwide thereof, the date specified in the following schedule: (a) April 8, 1940— Norway and Denmark; (b) May 10, 1940— The Netherlands, Belgium and Luxembourg; (c) June 17, 1940— France (including Monaco); (d) July 10, 1940— Latvia, Estonia and Lithuania; (e) October 9, 1940— Rumania; (f) March 4, 1941— Bulgaria; (g) March 13, 1941— Hungary; (h) March 24, 1941— Yugoslavia; (i) April 28, 1941— Greece; and (j) June 14, 1941— Albania, Andorra, Austria, Czechoslovakia, Danzig, Finland, Germany, Italy, Liechtenstein, Poland, Portugal, San Marino, Spain, Sweden, Switzerland, and Union of Soviet Socialist Republics; (k) June 14, 1941— China and Japan; (l) June 14, 1941— Thailand; (m) June 14, 1941— Hong Kong. The “efficient date of this Order” with respect to any international country not designated in this Order shall be deemed to be June 14, 1941. part 4. information of foreign banking and security transactions; investigations A. The Secretary of the Treasury and/or the Attorney General could require, by means of rules, rulings, instructions, or otherwise, any individual to maintain a full document of, and to furnish beneath oath, in the form of reports or otherwise, once in a while and at any time or instances, complete info relative to, any transaction referred to in section 5(b) of the Act of October 6, 1917 (40 Stat. 415) [50 U.S.C. 4305(b)], as amended, or relative to any property during which any foreign nation or any national thereof has any interest of any nature in any respect, direct or oblique, including the production of any books of account, contracts, letters, or other papers, in connection therewith, in the custody or control of such person, both before or after such transaction is completed; and the Secretary of the Treasury and/or the Attorney General may, via any agency, examine any such transaction or act, or any violation of the provisions of this Order. B. Every individual engaging in any of the transactions referred to in sections 1 and 2 of this Order shall hold a full document of every such transaction engaged in by him, regardless of whether such transaction is effected pursuant to license or otherwise, and such record shall be available for examination for no much less than one yr after the date of such transaction. part 5. definitions A. As used in the first paragraph of part 1 of this Order “transactions (which) involve property during which any overseas country designated in this Order, or any nationwide thereof, has * * * any interest of any nature in any way, direct or indirect,” shall include but not by the use of limitation (i) any payment or switch to any such international country or nationwide thereof, (ii) any export or withdrawal from the United States to such foreign nation, and (iii) any transfer of credit, or payment of an obligation, expressed in terms of the forex of such international country. B. The time period “United States” means the United States and anyplace topic to the jurisdiction thereof, and the term “continental United States” means the States of the United States, the District of Columbia, and the Territory of Alaska: Provided, however, That for the purposes of this Order the time period “United States” shall not be deemed to include any territory included within the term “foreign country” as defined in paragraph D of this part. C. The time period “particular person” means an individual, partnership, affiliation, company, or different organization. D. The term “international nation” shall include, however not by means of limitation, (i) The state and the federal government thereof on the effective date of this Order as nicely as any political subdivision, agency, or instrumentality thereof or any territory, dependency, colony, protectorate, mandate, dominion, possession or place topic to the jurisdiction thereof. (ii) Any different authorities (including any political subdivision, company, or instrumentality thereof) to the extent and solely to the extent that such authorities workout routines or claims to exercise de jure or de facto sovereignty over the realm which on such effective date constituted such international country, and (iii) Any territory which on or because the efficient date of this Order is controlled or occupied by the military, naval or police forces or other authority of such foreign country; (iv) Any individual to the extent that such person is, or has been, or to the extent that there is cheap trigger to believe that such person is, or has been, since such efficient date, acting or purporting to behave directly or not directly for the benefit or on behalf of any of the foregoing. Hong Kong shall be deemed to be a foreign country inside the that means of this subdivision. E. The term “nationwide” shall include, (i) Any person who has been domiciled in, or a topic, citizen or resident of a overseas country at any time on or because the efficient date of this Order, (ii) Any partnership, affiliation, company or different organization, organized underneath the legal guidelines of, or which on or because the efficient date of this Order had or has had its principal place of work in such international country, or which on or since such effective date was or has been controlled by, or a substantial part of the inventory, shares, bonds, debentures, notes, drafts, or other securities or obligations of which, was or has been owned or managed by, instantly or indirectly, such foreign country and/or a number of nationals thereof as herein outlined. (iii) Any particular person to the extent that such individual is, or has been, since such efficient date, performing or purporting to act instantly or indirectly for the benefit or on behalf of any national of such overseas nation, and (iv) Any different one who there’s affordable trigger to believe is a “nationwide” as herein outlined. In any case by which by virtue of the foregoing definition an individual is a national of multiple overseas country, such individual shall be deemed to be a nationwide of each such international country. In any case during which the mixed interests of two or extra foreign international locations designated on this Order and/or nationals thereof are enough within the combination to constitute, throughout the that means of the foregoing, control of 25 per centum or extra of the inventory, shares, bonds, debentures, notes, drafts, or different securities or obligations of a partnership, affiliation, company or other group, but such management or a substantial part of such inventory, shares, bonds, debentures, notes, drafts, or other securities or obligations isn’t held by anyone such foreign nation and/or nationwide thereof, such partnership, affiliation, corporation or other group shall be deemed to be a national of each of such international countries. The Secretary of the Treasury shall have full power to determine that any particular person is or shall be deemed to be a “national” inside the that means of this definition, and the international nation of which such person is or shall be deemed to be a nationwide. Without limitation of the foregoing, the time period “national” shall also embody any other one that is set by the Secretary of the Treasury to be, or to have been, since such efficient date, performing or purporting to act directly or not directly for the profit or beneath the path of a overseas country designated on this Order or nationwide thereof, as herein outlined. F. The time period “banking institution” as used on this Order shall embrace any person engaged primarily or incidentally within the business of banking, of granting or transferring credits, or of purchasing or selling foreign exchange or procuring purchasers and sellers thereof, as principal or agent, or any individual holding credit for others as a direct or incidental part of his business, or brokers, and every principal, agent, house office, department or correspondent of any person so engaged shall be thought to be a separate “banking institution”. G. The time period “this Order”, as used herein, shall mean Executive Order No. 8389 of April 10, 1940, as amended. part 6. building with ex. ord. no. 6560; saving clause Executive Order No. 8389 of April 10, 1940, as amended, shall now not be deemed to be an modification to or a half of Executive Order No. 6560 of January 15, 1934. Executive Order No. 6560 of January 15, 1934, and the Regulations of November 12, 1934, are hereby modified in as far as they’re inconsistent with the provisions of this Order, and besides as so modified, proceed in full force and impact. Nothing herein shall be deemed to revoke any license, ruling, or instruction now in impact and issued pursuant to Executive Order No. 6560 of January 15, 1934, as amended, or pursuant to this Order; supplied, nevertheless, that every one such licenses, rulings, or directions shall be subject to the provisions hereof. Any amendment, modification or revocation by or pursuant to the provisions of this Order of any orders, rules, rulings, instructions or licenses shall not affect any act done, or any swimsuit or continuing had or commenced in any civil or criminal case prior to such amendment, modification or revocation, and all penalties, forfeitures and liabilities under any such orders, rules, rulings, directions or licenses shall continue and may be enforced as if such modification, modification or revocation had not been made. part 7. rules by secretary of the treasury Without limitation as to another powers or authority of the Secretary of the Treasury or the Attorney General under some other provision of this Order, the Secretary of the Treasury is permitted and empowered to prescribe once in a while rules, rulings, and instructions to hold out the needs of this Order and to offer therein or otherwise the circumstances beneath which licenses may be granted by or through such officers or businesses as the Secretary of the Treasury could designate, and the choice of the Secretary with respect to the granting, denial or other disposition of an application or license shall be ultimate. part 8. offenses and penalties under act oct. 6, 1917 Section 5(b) of the Act of October 6, 1917, as amended [50 U.S.C. 4305(b)], provides partly: “* * * Whoever willfully violates any of the provisions of this subdivision or of any license, order, rule or regulation issued thereunder, shall, upon conviction, be fined no more than $10,000, or, if a natural individual, could also be imprisoned for no more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation could also be punished by a like fine, imprisonment, or both.” section 9. amendments of order and rules prescribed thereunder This Order and any rules, rulings, licenses or instructions issued hereunder may be amended, modified or revoked at any time. [Ex. Ord. No. 8389 and the laws and general rulings issued thereunder by the Secretary of the Treasury were accredited and confirmed by Res. May 7, 1940, ch. 185, §2, fifty four Stat. 179.] [Ex. Ord. No. 9760, July 24, 1946, eleven F.R. 7999, 50 U.S.C. 4306 notice, regarding diplomatic property of Germany and Japan within the United States, supersedes conflicting provisions of Ex. Ord. No. 8389, set out above.] Executive Orders Nos. 8446, 8484, 8565, 8701, 8711, 8721, 8746 The utility of Ex. Ord. No. 6560, §§9 to 14, to French property by Ex. Ord. No. 8446, 5 F.R. 2279; to Latvian, Estonian and Lithuanian property by Ex. Ord. No. 8484, 5 F.R. 2586; to Rumanian property by Ex. Ord. No. 8565, 5 F.R. 4062; to Bulgarian property by Ex. Ord. No. 8701, 6 F.R. 1285; to Hungarian property by Ex. Ord. No. 8711, 6 F.R. 1443; to Yugoslav property by Ex. Ord. No. 8721, 6 F.R. 1622; to Greek property by Ex. Ord. No. 8746, 6 F.R. 2187, was incorporated in the provisions of Ex. Ord. No. 8389 as amended by Ex. Ord. No. 8785, set out above. Ex. Ord. No. 9747. Functions of Alien Property Custodian and Treasury Department Continued in Philippines Ex. Ord. No. 9747, July three, 1946, 11 F.R. 7518, offered: The phrases and provisions of Executive Order 9095 of March 11, 1942, as amended [formerly set out as a note under section 6 of the Appendix to Title 50, War and National Defense], and Executive Order No. 8389 of April 10, 1940, as amended [set out above], shall proceed in force in the Philippines after July 4, 1946, and all powers and authority delegated by the stated Executive Orders to the Alien Property Custodian and to the Secretary of the Treasury, respectively, shall after July four, 1946, continue to be exercised in the Philippines by the mentioned officers, respectively, as therein offered. Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act Determination of President of the United States, No. 2022–22, Sept. 2, 2022, 87 F.R. 54859, offered: Memorandum for the Secretary of State [and] the Secretary of the Treasury Under part 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. 4305 note), and a earlier dedication on September 7, 2021 (86 FR 50831, September 10, 2021), the exercise of sure authorities underneath the Trading With the Enemy Act is scheduled to run out on September 14, 2022. I hereby decide that the continuation of the exercise of those authorities with respect to Cuba for 1 12 months is in the national curiosity of the United States. Therefore, consistent with the authority vested in me by part 101(b) of Public Law 95–223, I proceed for 1 yr, until September 14, 2023, the train of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 CFR half 515. The Secretary of the Treasury is authorized and directed to publish this willpower in the Federal Register. J.R. Biden, Jr. Prior extensions were contained within the following: Determination of President of the United States, No. 2021–12, Sept. 7, 2021, 86 F.R. 50831. Determination of President of the United States, No. 2020–10, Sept. 9, 2020, eighty five F.R. 57075. Determination of President of the United States, No. 2019–23, Sept. thirteen, 2019, eighty four F.R. 49189. Determination of President of the United States, No. 2018–11, Sept. 10, 2018, 83 F.R. 46347. Determination of President of the United States, No. 2017–11, Sept. 8, 2017, 82 F.R. 42927. Determination of President of the United States, No. 2016–11, Sept. thirteen, 2016, eighty one F.R. 64047. Determination of President of the United States, No. 2015–11, Sept. eleven, 2015, eighty F.R. 55503. Determination of President of the United States, No. 2014–14, Sept. 5, 2014, 79 F.R. 54183. Determination of President of the United States, No. 2013–13, Sept. 12, 2013, seventy eight F.R. 57225. Determination of President of the United States, No. 2012–14, Sept. 10, 2012, seventy seven F.R. 56753. Determination of President of the United States, No. 2011–15, Sept. thirteen, 2011, seventy six F.R. 57623. Determination of President of the United States, No. 2010–13, Sept. 2, 2010, 75 F.R. 54459. Determination of President of the United States, No. 2009–27, Sept. 11, 2009, 74 F.R. 47431. Determination of President of the United States, No. 2008–27, Sept. 12, 2008, 73 F.R. 54055. Determination of President of the United States, No. 2007–32, Sept. 13, 2007, 72 F.R. 53409. Determination of President of the United States, No. 2006–23, Sept. 13, 2006, 71 F.R. 54399. Determination of President of the United States, No. 2005–35, Sept. 12, 2005, 70 F.R. 54607. Determination of President of the United States, No. 2004–45, Sept. 10, 2004, 69 F.R. 55497. Determination of President of the United States, No. 2003–36, Sept. 12, 2003, sixty eight F.R. 54325. Determination of President of the United States, No. 02–31, Sept. thirteen, 2002, 67 F.R. 58681. Determination of President of the United States, No. 2001–26, Sept. 12, 2001, 66 F.R. 47943. Determination of President of the United States, No. 2000–29, Sept. 12, 2000, 65 F.R. 55883. Determination of President of the United States, No. 99–36, Sept. 10, 1999, 64 F.R. 51885. Determination of President of the United States, No. 98–35, Sept. 11, 1998, sixty three F.R. 50455. Determination of President of the United States, No. 97–32, Sept. 12, 1997, sixty two F.R. 48729. Determination of President of the United States, No. 96–43, Aug. 27, 1996, 61 F.R. 46529. Determination of President of the United States, No. 95–41, Sept. 8, 1995, 60 F.R. 47659. Determination of President of the United States, No. 94–46, Sept. 8, 1994, 59 F.R. 47229. Determination of President of the United States, No. 93–38, Sept. thirteen, 1993, fifty eight F.R. 51209. Determination of President of the United States, No. 92–45, Aug. 28, 1992, fifty seven F.R. 43125. Determination of President of the United States, No. 91–52, Sept. 13, 1991, 56 F.R. 48415. Determination of President of the United States, No. 90–38, Sept. 5, 1990, 55 F.R. 37309. Determination of President of the United States, No. 89–25, Aug. 28, 1989, fifty four F.R. 37089. Determination of President of the United States, No. 88–22, Sept. eight, 1988, 53 F.R. 35289. Memorandum of President of the United States, Aug. 27, 1987, 51 F.R. 33397. Memorandum of President of the United States, Aug. 20, 1986, fifty one F.R. 30201. Memorandum of President of the United States, Sept. 5, 1985, 50 F.R. 36563. Memorandum of President of the United States, Sept. 11, 1984, forty nine F.R. 35927. Memorandum of President of the United States, Sept. 7, 1983, 48 F.R. 40695. Memorandum of President of the United States, Sept. eight, 1982, forty seven F.R. 39797. Memorandum of President of the United States, Sept. 10, 1981, 46 F.R. 45321. Memorandum of President of the United States, Sept. eight, 1980, 45 F.R. 59549. Memorandum of President of the United States, Sept. 12, 1979, forty four F.R. 53153. Memorandum of President of the United States, Sept. eight, 1978, 43 F.R. 40449. §4306. Alien Property Custodian; common powers and duties The President is permitted to appoint, prescribe the duties of, and fix the salary of an official to be known as the alien property custodian, who shall be empowered to receive all cash and property in the United States due or belonging to an enemy, or ally of enemy, which can be paid, conveyed, transferred, assigned, or delivered to mentioned custodian underneath the provisions of this chapter; and to carry, administer, and account for the same beneath the general path of the President and as supplied in this chapter. The President might additional make use of in the District of Columbia and elsewhere and repair the compensation of such clerks, attorneys, investigators, accountants, and different employees as he could find necessary for the due administration of the provisions of this chapter; Provided, That such clerks, investigators, accountants, and different workers shall be appointed from lists of eligibles to be equipped by the Civil Service Commission1 and in accordance with the civil-service legislation. (Oct. 6, 1917, ch. 106, §6, 40 Stat. 415; Pub. L. 92–310, title II, §235, June 6, 1972, 86 Stat. 214; Pub. L. 94–273, §11(5), Apr. 21, 1976, ninety Stat. 378; Pub. L. 100–418, title II, §2501(b), Aug. 23, 1988, 102 Stat. 1371.) Editorial Notes References in Text This chapter, referred to in textual content, was within the original “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, often known as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is classed principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was formerly classified to part 6 of the previous Appendix to this title previous to editorial reclassification and renumbering as this part. Provisions that limited the wage of the alien property custodian to not more than $5,000 every year have been omitted as obsolete and outdated. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all different laws or parts of legal guidelines inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, §8(a), 80 Stat. 632, and reenacted as chapter fifty one and subchapter III of chapter fifty three of Title 5, Government Organization and Employees. Section 5102 of Title 5 accommodates the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to find out the applicability to particular positions and workers. Amendments 1988—Pub. L. 100–418 struck out before period at end “:Provided further, That the President shall cause a detailed report to be made to Congress on the primary day of April of each year of all proceedings had beneath this chapter through the yr previous. Such report shall include an inventory of all individuals appointed or employed, with the salary or compensation paid to each, and a statement of the totally different kinds of property taken into custody and the disposition made thereof”. 1976—Pub. L. 94–273 substituted “April” for “January”. 1972—Pub. L. 92–310 struck out provisions which required the Alien Property Custodian to provide a bond. Executive Documents Transfer of Functions Functions vested by statute in United States Civil Service Commission transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, §102, forty three F.R. 36037, ninety two Stat. 3783, set out beneath part 1101 of Title 5, Government Organization and Employees, effective Jan. 1, 1979, as supplied by part 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, forty four F.R. 1055, set out under part 1101 of Title 5. Functions vested by legislation in Alien Property Custodian or Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees. Jurisdiction over sure blocked property transferred from Attorney General to Secretary of the Treasury, see Ex. Ord. No. 11281, set out below. Ex. Ord. No. 9760. Authority of Secretary of State Regarding Diplomatic Property of Germany and Japan Ex. Ord. No. 9760, July 23, 1946, eleven F.R. 7999, offered: 1. The Secretary of State is permitted and empowered as he deems needed in the nationwide curiosity to direct, manage, supervise, or management diplomatic and consular property within the United States owned or controlled by Germany or Japan, together with all assets on the premises of such property. 2. The Alien Property Custodian shall not exercise any energy and authority conferred upon him by another Executive order with respect to diplomatic and consular property throughout the United States owned or managed by Germany or Japan except as far as the Secretary of State releases his authority over such diplomatic and consular property underneath this order and so notifies the Alien Property Custodian in writing. three. When the Secretary of State determines to exercise any energy and authority conferred upon him by this order with respect to any property over which the Secretary of the Treasury is exercising any control and so notifies the Secretary of the Treasury in writing, the Secretary of the Treasury shall release all control of such property, except as authorized or directed by the Secretary of State. four. This order supersedes all conflicting provisions of prior Executive orders, together with Executive Orders Nos. 8389, as amended [50 U.S.C. 4305 note] and 9095, as amended [Mar. eleven, 1942, 7 F.R. 1971]. 5. The Secretary of State is authorized to prescribe once in a while rules, rulings, and instructions to hold out the needs of this order. Harry S. Truman. Ex. Ord. No. 9788. Termination of Office of World War II Alien Property Custodian and Transference of Its Functions to the Attorney General Ex. Ord. No. 9788, Oct. 14, 1946, 11 F.R. 11981, offered: 1. The Office of Alien Property Custodian in the Office for Emergency Management of the Executive Office of the President, established by Executive Order No. 9095 of March 11, 1942 [7 F.R. 1971], is hereby terminated; and all authority, rights, privileges, powers, duties, and functions vested in such Office or in the Alien Property Custodian or transferred or delegated thereto are hereby vested in or transferred or delegated to the Attorney General, because the case may be, and shall be administered by him or underneath his course and management by such officers and businesses of the Department of Justice as he may designate. 2. All property or interests vested in or transferred to the Alien Property Custodian or seized by him, and all proceeds thereof, that are held or administered by him on the effective date of this order are hereby transferred to the Attorney General. three. All personnel, property, data, and funds of the Office of Alien Property Custodian are hereby transferred to the Department of Justice. 4. This order supersedes all prior Executive orders to the extent that they are in battle with this order. 5. This order shall turn out to be efficient on October 15, 1946. Harry S. Truman. Ex. Ord. No. 11281. Transferring Jurisdiction Over Blocked Assets From Attorney General to Secretary of the Treasury Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, supplied: WHEREAS earlier than October 1, 1948, the Secretary of the Treasury administered the blocking controls and other restrictions over property and pursuits of sure international nations or their nationals that had been imposed, under the authority of section 5(b) of the Trading with the Enemy Act, as amended (50 U.S.C. App. 5(b) [now 50 U.S.C. 4305(b)]), via and under Executive Order No. 8389 of April 10, 1940, as amended [50 U.S.C. 4305 note]; and WHEREAS by Executive Order No. 9989 of August 20, 1948 [13 F.R. 4891], jurisdiction over the property and pursuits which remained blocked or restricted under Executive Order No. 8389 on September 30, 1948, was transferred, effective October 1, 1948, to the Attorney General to aid him in carrying out his capabilities as successor to the Alien Property Custodian, including, amongst others, the operate of vesting property pursuant to the provisions of the Trading with the Enemy Act, as amended [50 U.S.C. 4301 et seq.]; and WHEREAS by Executive Order No. of November 7, 1955 [former 22 U.S.C. 1631a note], the Attorney General was designated to hold out the functions of the President under Title II of the International Claims Settlement Act of 1949 (as added by the Act of August 9, 1955, Public Law 285, 84th Congress, sixty nine Stat. 562) [22 U.S.C. 1631 et seq.], together with sure vesting and blocking functions required by part 202 of that Act (22 U.S.C. 1631a), and the Attorney General, as designee of the President, exercises controls under Executive Order No. 8389 with respect to the online proceeds of certain property which are carried, pursuant to section 202, in blocked accounts with the Treasury; and WHEREAS the features of vesting property under the Trading with the Enemy Act and under part 202 of the International Claims Settlement Act of 1949 have been terminated; and WHEREAS the blocking controls not exercised by the Attorney General under Executive Order No. 8389 are restricted in software to property of Hungary or its nationals acquired on or earlier than January 1, 1945; property of Czechoslovakia, Estonia, Latvia, Lithuania or nationals of these international locations acquired on or earlier than December 7, 1945; property of East Germany or its nationals acquired on or earlier than December 31, 1946, and certain securities scheduled in General Rulings No. 5 and No. 5B, as amended (8 CFR 511.205 and 511.205b); and WHEREAS the Office of Alien Property, through which the Attorney General carries out or has carried out the various obligations described above, will be abolished on or before June 30, 1966, and the Attorney General thereafter won’t be able to manage blocking controls under Executive Order No. 8389 efficiently; and WHEREAS in the interest of effectivity it’s desirable to return to the Secretary of the Treasury jurisdiction over the property and interests remaining topic to such blocking controls: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and the laws of the United States, including the Trading with the Enemy Act, as amended [50 U.S.C. 4301 et seq.], Title II of the International Claims Settlement Act of 1949 [22 U.S.C. 1631 et seq.] and part 301 of Title three of the United States Code, and as President of the United States, it’s hereby ordered as follows: Section 1. The authority granted to the Attorney General by Executive Order No. 9989 with respect to property and pursuits blocked or otherwise subject to restriction underneath Executive Order No. 8389 [50 U.S.C. 4305 note] is hereby terminated and Executive Order No. 9989 is hereby superseded. Sec. 2. The Secretary of the Treasury shall hereafter be liable for the administration of the controls exercisable underneath Executive Order No. 8389 and he is licensed and directed to take such motion as he could deem necessary with respect to any property or interest that continues to be blocked or restricted underneath Executive Order No. 8389 on the effective date of this order. In the efficiency of the capabilities and duties hereby reassigned to him, the Secretary of the Treasury might act personally or through any officer, particular person, agency or instrumentality designated by him. Sec. three. All orders, regulations, rulings, instructions or licenses issued prior to the efficient date of this order by the Attorney General or the Secretary of the Treasury with respect to any of the property or pursuits referred to in Section 2 shall continue in full force and impact besides as hereafter amended, modified or revoked by the Secretary of the Treasury. Sec. 4. No particular person affected by any order, regulation, ruling, instruction, license or different motion issued or taken by either the Attorney General or the Secretary of the Treasury in the administration of Executive Order No. 8389 might problem the validity thereof or in any other case excuse any motion, or failure to act, on the ground that it was throughout the jurisdiction of the Secretary of the Treasury somewhat than the Attorney General or vice versa. Sec. 5. [Amended part 1 of Ex. Ord. No. 10644, former 22 U.S.C. 1631a note] Sec. 6. Executive Order No. 8389, this order and all delegations, designations, laws, rulings, directions and licenses issued or to be issued under Executive Order No. 8389 or this order are hereby continued in drive according to their phrases during the interval of the national emergency proclaimed by Proclamation No. 2914 of December sixteen, 1950 [50 U.S.C. 1 note prec]. Executive Order No. of April 26, 1952 [17 F.R. 3769] is hereby superseded. Sec. 7. Nothing in this order shall be deemed to revoke or restrict any powers heretofore conferred on the Secretary of the Treasury by or under any statute or Executive order, or to revoke or restrict any powers heretofore conferred upon the Attorney General by or under any statute or Executive order aside from Executive Order No. 9989 or No. 10644. Sec. eight. This order shall turn into efficient at midnight, May 15, 1966. Lyndon B. Johnson. §4307. Lists of enemy or ally of enemy officers, administrators or stockholders of corporations in United States; acts constituting commerce with enemy previous to October 6, 1917; conveyance of property to custodian; voluntary fee to custodian by holder; acts under order, rule, or regulation (a) Transmission of record to alien property custodian; report of property held on behalf of enemy Every company incorporated throughout the United States, and each unincorporated affiliation, or company, or trustee, or trustees throughout the United States, issuing shares or certificates representing helpful pursuits, shall, under such guidelines and laws because the President may prescribe and, within sixty days after October 6, 1917, and at such different times thereafter as the President might require, transmit to the alien property custodian a full list, duly sworn to, of every officer, director, or stockholder known to be, or whom the consultant of such corporation, affiliation, firm, or trustee has cheap cause to consider to be an enemy or ally of enemy resident within the territory, or a topic or citizen residing outside of the United States, of any nation with which the United States is at war, or resident throughout the territory, or a topic or citizen residing exterior of the United States, of any ally of any nation with which the United States is at struggle, along with the quantity of stock or shares owned by every such officer, director, or stockholder, or during which he has any curiosity. The President may require a similar list to be transmitted of all inventory or shares owned on February third, nineteen hundred and seventeen, by any particular person now defined as an enemy or ally of enemy, or during which any such particular person had any curiosity; and he can also require an inventory to be transmitted of all instances during which stated company, affiliation, firm, or trustee has cheap trigger to consider that the stock or shares on February third, nineteen hundred and seventeen, had been owned or are owned by such enemy or ally of enemy, though standing on the books in the name of one other: Provided, however, That the name of any such officer, director, or stockholder, shall be stricken permanently or briefly from such list by the alien property custodian when he shall be happy that he’s not such enemy or ally of enemy. Any person within the United States who holds or has or shall maintain or have custody or management of any property useful or otherwise, alone or collectively with others, of, for, or on behalf of an enemy or ally of enemy, or of any individual whom he may have reasonable cause to consider to be an enemy or ally of enemy and any person in the United States who’s or shall be indebted in any way to an enemy or ally of enemy, or to any person whom he could have reasonable cause to imagine to be an enemy or ally of enemy, shall, with such exceptions and under such guidelines and laws because the President shall prescribe, and inside thirty days after October 6, 1917, or within thirty days after such property shall come inside his custody or management, or after such debt shall turn out to be due, report the fact to the alien-property custodian by written statement underneath oath containing such particulars as mentioned custodian shall require. The President can also require a similar report of all property so held, of, for, or on behalf of, and of all debts so owed to, any particular person now defined as an enemy or ally of enemy, on February third, nineteen hundred and seventeen: Provided, That the name of any individual shall be stricken from the stated report by the alien property custodian, both briefly or permanently, when he shall be glad that such particular person just isn’t an enemy or ally of enemy. The President might lengthen the time for submitting the lists or reports required by this section for an extra period not exceeding ninety days. (b) Acts constituting trade with enemy performed previous to October 6, 1917 Nothing in this chapter contained shall render legitimate or legal, or be construed to acknowledge as valid or legal, any act or transaction constituting commerce with, to, from, for or on account of, or on behalf or for the good thing about an enemy carried out or engaged in because the starting of the struggle and previous to October 6, 1917, or any such act or transaction hereafter carried out or engaged in besides as licensed hereunder, which might in any other case have been or be void, illegal, or invalid at law. No conveyance, switch, delivery, fee, or loan of cash or other property, in violation of section 4303 of this title, made after October 6, 1917, and never underneath license as herein supplied shall confer or create any right or remedy in respect thereof; and no particular person shall by virtue of any task, indorsement, or delivery to him of any debt, bill, observe, or other obligation or chose in action by, from, or on behalf of, or on account of, or for the profit of an enemy or ally of enemy have any proper or treatment in opposition to the debtor, obligor, or other person liable to pay, fulfill, or perform the same except stated task, indorsement, or delivery was made previous to the start of the warfare or shall be made under license as herein provided, or except, if made after the beginning of the struggle and prior to October 6, 1917, the particular person to whom the identical was made shall show lack of expertise and of cheap cause to consider on his part that the same was made by, from or on behalf of, or on account of, or for the advantage of an enemy or ally of enemy; and any one who knowingly pays, discharges, or satisfies any such debt, notice, invoice, or other obligation or selected in action shall, on conviction thereof, be deemed to violate part 4303 of this title: Provided, That nothing in this chapter contained shall forestall the carrying out, completion, or efficiency of any contract, agreement, or obligation initially made with or entered into by an enemy or ally of enemy the place, prior to the start of the struggle and never in contemplation thereof, the curiosity of such enemy or ally of enemy devolved by task or otherwise upon an individual not an enemy or ally of enemy, and no enemy or ally of enemy might be benefited by such carrying out, completion, or performance in any other case than by release from obligation thereunder. Nothing on this chapter shall be deemed to stop cost of cash belonging or owing to an enemy or ally of enemy to an individual within the United States not an enemy or ally of enemy, for the good thing about such individual or of any other individual inside the United States, not an enemy or ally of enemy, if the funds so paid shall have been acquired prior to the start of the warfare and such payments come up out of transactions entered into previous to the start of the war, and never in contemplation thereof: Provided, That such fee shall not be made with out the license of the President, common or particular, as offered in this chapter. Nothing on this chapter shall be deemed to authorize the prosecution of any suit or action at law or in fairness in any courtroom within the United States by an enemy or ally of enemy prior to the tip of the war, except as offered in part 4310 of this title: Provided, nonetheless, That an enemy or ally of enemy licensed to do enterprise under this chapter might prosecute and preserve any such suit or motion so far as the identical arises solely out of the enterprise transacted within the United States beneath such license and so long as such license stays in full force and impact: And offered further, That an enemy or ally of enemy might defend by counsel any go properly with in equity or action at regulation which can be introduced in opposition to him. Receipt of discover from the President to the effect that he has reasonable ground to imagine that any particular person is an enemy or ally of enemy shall be prima facie protection to anyone receiving the same, in any suit or motion at law or in fairness introduced or maintained, or to any proper or set-off or recoupment asserted by, such person and primarily based on failure to finish or perform because the beginning of the struggle any contract or different obligation. In any prosecution under part 4315 of this title proof of receipt of notice from the President to the effect that he has cheap trigger to believe that any person is an enemy or ally of enemy shall be prima facie proof that the person receiving such notice has affordable trigger to consider such different particular person to be an enemy or ally of enemy throughout the that means of section 4303 of this title. (c) Conveyance, switch, task, delivery, or payment over to alien property custodian; seizure by alien property custodian If the President shall so require any cash or different property together with (but not thereby limiting the generality of the above) patents, copyrights, purposes therefor, and rights to use for a similar, trade marks, choses in motion, and rights and claims of each character and description owing or belonging to or held for, by, on account of, or on behalf of, or for the good factor about, an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investigation shall determine is so owning or so belongs or is so held, shall be conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian, or the identical may be seized by the Alien Property Custodian; and all property thus acquired shall be held, administered and disposed of as elsewhere offered in this chapter. Any requirement made pursuant to this chapter, or a duly certified copy thereof, could additionally be filed, registered, or recorded in any office for the filing, registering, or recording of conveyances, transfers, or assignments of any such property or rights as may be lined by such requirement (including the correct workplace for filing, registering, or recording conveyances, transfers, or assignments of patents, copyrights, trade-marks, or any rights therein or any other rights); and if that is the case filed, registered, or recorded shall impart the same discover and have the same drive and impact as a duly executed conveyance, transfer, or task to the Alien Property Custodian so filed, registered, or recorded. Whenever any such property shall consist of shares of stock or other helpful curiosity in any corporation, affiliation, or company or belief, it shall be the responsibility of the corporation, affiliation, or firm or trustee or trustees issuing such shares or any certificates or other instruments representing the identical or some other beneficial interest to cancel upon its, his, or their books all shares of inventory or other helpful interest standing upon its, his, or their books within the name of any person or individuals, or held for, on account of, or on behalf of, or for the benefit of any person or individuals who shall have been determined by the President, after investigation, to be an enemy or ally of enemy, and which shall have been required to be conveyed, transferred, assigned, or delivered to the Alien Property Custodian or seized by him, and in lieu thereof to problem certificates or other devices for such shares or other beneficial interest to the Alien Property Custodian or otherwise, as the Alien Property Custodian shall require. The sole relief and treatment of any particular person having any claim to any cash or different property heretofore or hereafter conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian, or required so to be, or seized by him shall be that supplied by the terms of this chapter, and in the occasion of sale or other disposition of such property by the Alien Property Custodian, shall be restricted to and enforced against the online proceeds obtained therefrom and held by the Alien Property Custodian or by the Treasurer of the United States. (d) Voluntary fee, conveyance, transfer, project, or delivery by holder not an enemy If not required to pay, convey, transfer, assign, or ship underneath the provisions of subsection (c) of this section, any individual not an enemy or ally of enemy who owes to, or holds for, or on account of, or on behalf of, or for the advantage of an enemy or of an ally of enemy not holding a license granted by the President hereunder, any cash or different property, or to whom any obligation or type of liability to such enemy or ally of enemy is presented for cost, may, at his possibility, with the consent of the President, pay, convey, switch, assign, or ship to the alien property custodian mentioned cash or different property beneath such rules and rules because the President shall prescribe. (e) Acts or omissions underneath order, rule, or regulation; acquittance and discharge of obligations; certificate of authority No particular person shall be held liable in any court docket for or in respect to something accomplished or omitted in pursuance of any order, rule, or regulation made by the President beneath the authority of this chapter. Any cost, conveyance, switch, assignment, or delivery of cash or property made to the alien property custodian hereunder shall be a full acquittance and discharge for all functions of the duty of the particular person making the identical to the extent of similar. The alien property custodian and such different persons as the President may appoint shall have power to execute, acknowledge, and deliver any such instrument or instruments as could additionally be essential or correct to proof upon the report or otherwise such acquittance and discharge, and shall, in case of payment to the alien property custodian of any debt or obligation owed to an enemy or ally of enemy, deliver up any notes, bonds, or other evidences of indebtedness or obligation, or any security therefor during which such enemy or ally of enemy had any proper or interest which will have come into the possession of the alien property custodian, with like effect as if he or they, respectively, have been duly appointed by the enemy or ally of enemy, creditor, or obligee. The President shall issue to each person so appointed a certificate of the appointment and authority of such individual, and such certificates shall be obtained in proof in all courts throughout the United States. Whenever any such certificate of authority shall be offered to any registrar, clerk, or other recording officer, Federal or in any other case, within the United States, such officer shall document the same in like method as an influence of legal professional, and such document or a duly licensed copy thereof shall be obtained in evidence in all courts of the United States or other courts inside the United States. (Oct. 6, 1917, ch. 106, §7, forty Stat. 416; Nov. 4, 1918, ch. 201, §1, 40 Stat. 1020.) Editorial Notes References in Text This chapter, referred to in subsecs. (b), (c), and (e), was in the unique “this Act”, which means act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is assessed principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was formerly categorized to part 7 of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. Amendments 1918—Subsec. (c). Act Nov. four, 1918, amended subsec. (c) typically, inserting provisions on recording of property transfers, cancellation of enemy owned inventory by firms, and restriction of claims to aid offered by terms of this chapter. Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4308. Contracts, mortgages, or pledges towards or with enemy or ally of enemy; abrogation of contracts; suspension of limitations (a) Holders of devices secured by property of enemy or ally of enemy; continued holding of property; rights upon default Any individual not an enemy or ally of enemy holding a lawful mortgage, pledge, or lien, or other proper within the nature of safety in property of an enemy or ally of enemy which, by regulation or by the terms of the instrument creating such mortgage, pledge, or lien, or proper, could also be disposed of on notice or presentation or demand, and any particular person not an enemy or ally of enemy who is a celebration to any lawful contract with an enemy or ally of enemy, the phrases of which give for a termination thereof upon discover or for acceleration of maturity on presentation or demand, could proceed to carry mentioned property, and, after default, might dispose of the property in accordance with legislation or might terminate or mature such contract by notice or presentation or demand served or made on the alien property custodian in accordance with the law and the terms of such instrument or contract and under such rules and rules because the President shall prescribe; and such discover and such presentation and demand shall have, in all respects, the same pressure and impact as if duly served or made upon the enemy or ally of enemy personally: Provided, That no such rule or regulation shall require that notice or presentation or demand shall be served or made in any case by which, by legislation or by the terms of mentioned instrument or contract, no notice, presentation, or demand was, previous to October 6, 1917, required; and that in case had been, by law or by the phrases of such instrument or contract, notice is required, not period of notice shall be required: Provided further, That if, on any such disposition of property, a surplus shall stay after the satisfaction of the mortgage, pledge, lien, or other proper in the nature of safety, discover of that reality shall be given to the President pursuant to such guidelines and laws as he may prescribe, and such surplus shall be held subject to his further order. (b) Abrogation of contracts entered into prior to beginning of war Any contract entered into prior to the beginning of the war between any citizen of the United States or any corporation organized within the United States, and an enemy or ally of an enemy, the phrases of which give for the supply, during or after any struggle in which a present enemy or ally of enemy nation has been or is now engaged, of something produced, mined, or manufactured within the United States, may be abrogated by such citizen or corporation by serving thirty days’ discover in writing upon the alien property custodian of his or its election to abrogate such contract. (c) Suspension of statutes of limitations The operating of any statute of limitations shall be suspended with reference to the rights or remedies on any contract or obligation entered into prior to the beginning of the struggle between parties neither of whom is an enemy or ally of enemy, and containing any promise to pay or legal responsibility for cost which is evidenced by drafts or other business paper drawn towards or secured by funds or different property located in an enemy or ally of enemy nation, and no go nicely with shall be maintained on any such contract or obligation in any court within the United States until after the top of the war, or till the mentioned funds or property shall be launched for the payment or satisfaction of such contract or obligation: Provided, however, That nothing herein contained shall be construed to stop the suspension of the running of the statute of limitations in all other circumstances where such suspension would occur beneath existing regulation. (Oct. 6, 1917, ch. 106, §8, forty Stat. 418.) Editorial Notes Codification Section was previously categorized to part eight of the previous Appendix to this title previous to editorial reclassification and renumbering as this part. Executive Documents Transfer of Functions Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4309. Claims to property transferred to custodian; discover of declare; filing; return of property; suits to recuperate; sale of claimed property in time of war or during national emergency (a) In basic Any particular person not an enemy or ally of enemy claiming any interest, proper, or title in any cash or different property which may have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, or to whom any debt could additionally be owing from an enemy or ally of enemy whose property or any part thereof shall have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States could file with the stated custodian a notice of his claim beneath oath and in such kind and containing such particulars as the said custodian shall require; and the President, if software is made therefor by the claimant, might order the cost, conveyance, switch, project, or supply to said claimant of the cash or different property so held by the Alien Property Custodian or by the Treasurer of the United States, or of the interest therein to which the President shall determine stated claimant is entitled: Provided, That no such order by the President shall bar any particular person from the prosecution of any suit at law or in equity in opposition to the claimant to establish any proper, title, or interest which he might have in such cash or other property. If the President shall not so order within sixty days after the submitting of such utility or if the claimant shall have filed the discover as above required and shall have made no application to the President, mentioned claimant could institute a swimsuit in fairness in the United States District Court for the District of Columbia or within the district courtroom of the United States for the district by which such claimant resides, or, if a company, the place it has its principal office (to which swimsuit the Alien Property Custodian or the Treasurer of the United States, because the case could additionally be, shall be made a celebration defendant), to determine the interest, right, title, or debt so claimed, and if so established the court shall order the payment, conveyance, switch, project, or delivery to stated claimant of the money or different property so held by the Alien Property Custodian or by the Treasurer of the United States or the curiosity therein to which the court docket shall decide mentioned claimant is entitled. If suit shall be so instituted, then such money or property shall be retained in the custody of the Alien Property Custodian, or in the Treasury of the United States, as provided on this chapter, and until any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied by cost or conveyance, transfer, assignment, or delivery by the defendant, or by the Alien Property Custodian, or Treasurer of the United States on order of the courtroom, or until final judgment or decree shall be entered towards the claimant or swimsuit otherwise terminated: Provided further, That upon a determination made by the President, in time of war or throughout any nationwide emergency declared by the President, that the interest and welfare of the United States require the sale of any property or interest or any part thereof claimed in any suit filed under this subsection and pending on or after October 22, 1962, the Alien Property Custodian or any successor officer, or agency could sell such property or curiosity or part thereof, in conformity with regulation relevant to sales of property by him, at any time previous to the entry of ultimate judgment in such swimsuit. No such sale shall be made till thirty days have passed after the publication of notice within the Federal Register of the intention to promote. The web proceeds of any such sale shall be deposited in a particular account established within the Treasury, and shall be held in belief by the Secretary of the Treasury pending the entry of final judgment in such swimsuit. Any restoration of any claimant in any such suit in respect of the property or curiosity or part thereof so offered shall be glad from the online proceeds of such sale unless such claimant, within sixty days after receipt of notice of the quantity of net proceeds of sale serves upon the Alien Property Custodian, or any successor officer or company, and recordsdata with the court an election to waive all claims to the net proceeds, or any half thereof, and to say simply compensation as a substitute. If the courtroom finds that the claimant has established an curiosity, proper, or title in any property in respect of which such an election has been served and filed, it shall proceed to find out the amount which will constitute just compensation for such curiosity, right, or title, and shall order fee to the claimant of the quantity so determined. An order for the cost of simply compensation hereunder shall be a judgment against the United States and shall be payable first from the net proceeds of the sale in an amount to not exceed the quantity the claimant would have acquired had he elected to simply accept his proportionate part of the web proceeds of the sale, and the steadiness, if any, shall be payable in the same manner as are judgments in instances arising underneath part 1346 of title 28. The Alien Property Custodian or any successor officer or agency shall, immediately upon the entry of final judgment, notify the Secretary of the Treasury of the dedication by ultimate judgment of the claimant’s curiosity and proper to the proportionate part of the online proceeds from the sale, and the final determination by judgment of the quantity of just compensation within the occasion the claimant has elected to recuperate simply compensation for the interest within the property he claimed. (b) Return of property to sure persons, entities, or Governments; dedication by President In respect of all cash or other property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, if the President shall determine that the proprietor thereof at the time such cash or other property was required to be so conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or on the time when it was voluntarily delivered to him or was seized by him was— (1) A citizen or subject of any nation or State or free metropolis other than Germany or Austria or Hungary or Austria-Hungary, and is on the time of the return of such money or different property hereunder a citizen or subject of any such nation or State or free metropolis; or (2) A woman who, at the time of her marriage, was a subject or citizen of a nation which has remained impartial within the war, or of a nation which was related to the United States in the prosecution of mentioned warfare, and who, previous to April 6, 1917, intermarried with a subject or citizen of Germany or Austria-Hungary and that the money or other property involved was not acquired by such girl, both immediately or indirectly from any subject or citizen of Germany or Austria-Hungary subsequent to January 1, 1917; or (3) A lady who on the time of her marriage was a citizen of the United States, and who prior to April 6, 1917, intermarried with a topic or citizen of Germany or Austria-Hungary, and that the money or different property concerned, was not acquired by such girl, both instantly or not directly, from any topic or citizen of Germany or Austria-Hungary subsequent to January 1, 1917; or who was a daughter of a resident citizen of the United States and herself a resident or former resident thereof, or the minor daughter or daughters of such girl, she being deceased; or (3A) An individual who was at such time a citizen or subject of Germany, Austria, Hungary, or Austria-Hungary, or not a citizen or topic of any nation, state or free metropolis, and that the money or other property involved was acquired by such particular person whereas a bona fide resident of the United States, and that such particular person, on January 1, 1926, and at the time of the return of the money or other property, shall be a bona fide resident of the United States; or (3B) Any individual who at such time was not a topic or citizen of Germany, Austria, Hungary, or Austria-Hungary, and who is now a citizen or subject of a neutral or allied nation: Provided, nevertheless, That nothing contained herein shall be construed as limiting or abrogating any present rights of a person beneath the provisions of this chapter; or (4) A citizen or subject of Germany or Austria or Hungary or Austria-Hungary and was at the time of the severance of diplomatic relations between the United States and such nations, respectively, accredited to the United States as a diplomatic or consular officer of any such nation, or the spouse or minor youngster of such officer, and that the cash or different property concerned was inside the territory of the United States by cause of the service of such officer in such capacity; or (5) A citizen or topic of Germany or Austria-Hungary, who by advantage of the provisions of sections 21 to 24 of this title and of the proclamations and regulations thereunder, was transferred, after arrest, into the custody of the War Department of the United States for detention during the struggle and is at the time of the return of his cash or different property hereunder residing throughout the United States; or (6) A partnership, association, or other unincorporated physique of people outdoors the United States, or a company included within any country aside from the United States, and was entirely owned at such time by subjects or residents of nations, States, or free cities aside from Germany or Austria or Hungary or Austria-Hungary and is so owned on the time of the return of its cash or different property hereunder; or (7) The Government of Bulgaria or Turkey, or any political or municipal subdivision thereof; or (8) The Government of Germany or Austria or Hungary or Austria-Hungary, and that the cash or different property involved was the diplomatic or consular property of such Government; or (9) An individual who was at such time a citizen or topic of Germany, Austria, Hungary, or Austria-Hungary, or who just isn’t a citizen or subject of any nation, State or free city, and that such cash or other property, or the proceeds thereof, if the same has been transformed, doesn’t exceed in value the sum of $10,000, or although exceeding in worth the sum of $10,000 is however susceptible of division, and the half thereof to be returned hereunder does not exceed in value the sum of $10,000: Provided, That an individual shall not be entitled, beneath this paragraph, to the return of any cash or other property owned by a partnership, affiliation, unincorporated physique of individuals, or company on the time it was conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him hereunder; or (10) A partnership, association, other unincorporated body of people, or corporation, and that it is not otherwise entitled to the return of its cash or different property, or any half thereof, underneath this part, and that such money or other property, or the proceeds thereof, if the identical has been converted, does not exceed in worth the sum of $10,000, or although exceeding in worth the sum of $10,000, is nevertheless prone of division, and the half thereof to be returned hereunder does not exceed in value the sum of $10,000; or (11) A partnership, association, or different unincorporated physique of individuals, having its principal office inside any country apart from Germany, Austria, Hungary, or Austria-Hungary, or a corporation, organized or integrated within any nation other than Germany, Austria, Hungary, or Austria-Hungary, and that the management of, or greater than 50 per centum of the pursuits or voting energy in, any such partnership, association, other unincorporated body of people, or corporation, was at such time, and is at the time of the return of any money or other property, vested in citizens or topics of nations, States, or free cities other than Germany, Austria, Hungary, or Austria-Hungary: Provided, nevertheless, That this subsection shall not affect any rights which any citizen or topic may have under paragraph (1) of this subsection; or (12) A partnership, affiliation, or different unincorporated physique of individuals, or a company, and was totally owned at such time by subjects or residents of countries, States, or free cities other than Austria or Hungary, or Austria-Hungary and is so owned on the time of the return of its money or different property, and has filed the written consent provided for in subsection (m); or (13) A partnership, affiliation, or different unincorporated physique of people, having its principal office at such time inside any nation apart from Austria, Hungary, or Austria-Hungary, or an organization organized or incorporated within any country other than Austria, Hungary, or Austria-Hungary, and that the written consent offered for in subsection (m) has been filed; or (14) An individual who at such time was a citizen or subject of Germany or who, at the time of the return of any cash or other property, is a citizen or subject of Germany or isn’t a citizen or topic of any nation, State, or free city, and that the written consent provided for in subsection (m) has been filed; or (15) Repealed. Aug. 6, 1956, ch. 1016, §3, 70 Stat. 1073. (16) An particular person, partnership, association, or different unincorporated body of people, or an organization, and that the written consent provided for in subsection (m) has been filed, and that no swimsuit or continuing against the United States or any company thereof is pending in respect of such return, and that such particular person has filed a written waiver renouncing on behalf of himself, his heirs, successors, and assigns any declare primarily based upon the reality that on the time of such return he was in fact entitled to such return beneath any other provision of this chapter; or (17) A partnership, association, or other unincorporated body of people, or an organization, and was completely owned at such time by citizens of Austria and is so owned on the time of the return of its cash or different property; or (18) A partnership, affiliation, or different unincorporated body of individuals, having its principal office at such time inside Austria, or a corporation organized or integrated inside Austria; or (19) An particular person who at such time was a citizen of Austria or who, on the time of the return of any cash or different property, is a citizen of Austria; or (20) A partnership, affiliation, or different unincorporated physique of individuals, or a company, and was totally owned at such time by residents of Hungary and is so owned on the time of the return of its money or other property; or (21) A partnership, affiliation, or different unincorporated physique of individuals, having its principal place of work at such time inside Hungary, or a corporation organized or incorporated inside Hungary; or (22) An individual who at such time was a citizen of Hungary or who, on the time of the return of any cash or different property, is a citizen of Hungary; Then the President, with none application being made therefor, might order the fee, conveyance, switch, task, or supply of such cash or other property held by the Alien Property Custodian or by the Treasurer of the United States, or of the interest therein to which the President shall decide such particular person entitled, both to the mentioned owner or to the particular person by whom said property was conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian: Provided, That no particular person shall be deemed or held to be a citizen or subject of Germany or Austria or Hungary or Austria-Hungary for the purposes of this section, although he was such citizen or subject on the time first specified in this subsection, if he has turn out to be or shall turn out to be, ipso facto or via train of option, a citizen or topic of any nation or State or free metropolis other than Germany, Austria, or Hungary, (first) underneath the phrases of such treaties of peace as have been or could additionally be concluded subsequent to November 11, 1918, between Germany or Austria or Hungary (of the one part) and the United States and/or three or extra of the following-named powers: The British Empire, France, Italy, and Japan (of the opposite part), or (second) underneath the phrases of such treaties as have been or could also be concluded in pursuance of the treaties of peace aforesaid between any nation, State, or free city (of the one part) whose territories, in complete or in part, on August 4, 1914, shaped a portion of the territory of Germany or Austria-Hungary and the United States and/or three or more of the following-named powers: The British Empire, France, Italy, and Japan (of the other part). For the needs of this part any citizen or subject of a State or free city which at the time of the proposed return of cash or other property of such citizen or topic hereunder types part of the territory of any one of many following nations: Germany, Austria, or Hungary, shall be deemed to be a citizen or subject of such nation. And the receipt of the mentioned owner or of the individual by whom mentioned money or other property was conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian shall be a full acquittance and discharge of the Alien Property Custodian or the Treasurer of the United States, as the case may be, and of the United States in respect to all claims of all individuals heretofore or hereafter claiming any proper, title, or interest in mentioned cash or other property, or compensation or damages arising from the capture of such money or different property by the President or the Alien Property Custodian: Provided additional, nonetheless, That besides as herein offered no such motion by the President shall bar any individual from the prosecution of any go nicely with at regulation or in fairness to determine any proper, title, or curiosity which he could have therein. (c) Claim or go properly with in fairness for return of property under subsection (b) Any person whose money or different property the President is authorized to return beneath the provisions of subsection (b) hereof could file notice of declare for the return of such cash or different property, as supplied in subsection (a) hereof, and thereafter may make utility to the President for allowance of such declare and/or could institute swimsuit in equity to get well such cash or different property, as offered in mentioned subsection, and with like effect. The President or the court, as the case may be, could make the identical determinations with respect to citizenship and other related facts that the President is allowed to make under the provisions of subsection (b) hereof. (d) Claims of deceased individuals for return of property not requiring filing of written consent Whenever an individual, deceased, would have been entitled, if residing, to the return of any cash or other property without submitting the written consent offered for in subsection (m), then his legal consultant may proceed for the return of such money or different property in the identical manner as such particular person may proceed if dwelling, and such money or other property could also be returned to such authorized representative without requiring the appointment of an administrator, or an ancillary administrator, by a court within the United States, or to any such ancillary administrator, for distribution directly to the individuals entitled thereto. Return in accordance with the provisions of this subsection may be made in any case where an software or court docket continuing by any authorized consultant, beneath the provisions of this subsection before its modification by the Settlement of War Claims Act of 1928 is pending and undetermined on the time of the enactment of such Act. All bonds or different security given beneath the provisions of this subsection earlier than such amendment shall be canceled or launched and all sureties thereon discharged. (e) Reciprocity requirement No money or different property shall be returned nor any debt allowed underneath this part to any person who is a citizen or topic of any nation which was related to the United States within the prosecution of the warfare, until such nation in like case extends reciprocal rights to residents of the United States: Provided, That any association made by a overseas nation for the discharge of cash and different property of American residents and certified by the Secretary of State to the Attorney General as fair and essentially the most advantageous arrangement obtainable shall be thought to be assembly this requirement; nor in any occasion shall a debt be allowed underneath this part until it was owing to and owned by the claimant previous to October 6, 1917, and as to claimants apart from citizens of the United States unless it arose close to the money or other property held by the Alien Property Custodian or Treasurer of the United States hereunder; nor shall a debt be allowed beneath this section until notice of the declare has been filed, or utility therefor has been made, previous to March 10, 1928. (f) Liability of property to lien, attachment, or any courtroom order or decree Except as herein provided, the money or different property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, shall not be liable to lien, attachment, garnishment, trustee process, or execution, or subject to any order or decree of any court. (g) Claims of deceased people for return of property requiring filing of written consent Whenever a person, deceased, would have been entitled, if residing, to the return of any cash or other property upon filing the written consent supplied for in subsection (m), then his legal consultant might proceed for the return of such cash or different property in the same method as such particular person might proceed if residing, and such money or different property could additionally be returned, upon filing the written consent offered for in subsection (m), to such legal representative with out requiring the appointment of an administrator, or an ancillary administrator, by a court within the United States, or to any such ancillary administrator, for distribution to the persons entitled thereto. This subsection shall not be construed as extinguishing or diminishing any right which any citizen of the United States could have had underneath this subsection previous to its modification by the Settlement of War Claims Act of 1928 to obtain in full his curiosity within the property of any individual dying earlier than such amendment. (h) Aggregate worth of sure subsection (b) property The combination worth of the money or different property returned under paragraphs (9) and (10) of subsection (b) to anybody individual, no matter the variety of trusts involved, shall in no case exceed $10,000. (i) Accumulated curiosity and different earnings of sure subsection (b) property For the purposes of paragraphs (9) and (10) of subsection (b) of this section accrued net earnings, dividends, curiosity, annuities, and other earnings, shall be thought of as part of the principal. (j) Return of patents, logos, and copyrights The Alien Property Custodian is permitted and directed to return to the person entitled thereto, whether or not an enemy or ally of enemy and regardless of the value, any patent, trademark, print, label, copyright, or right therein or claim thereto, which was conveyed, transferred, assigned, or delivered to the Alien Property Custodian, or seized by him, and which has not been offered, licensed, or otherwise disposed of underneath the provisions of this chapter, and to return any such patent, trademark, print, label, copyright, or proper therein or declare thereto, which has been licensed, except that any patent, trade-mark, print, label, copyright, or proper therein or declare thereto, which is returned by the Alien Property Custodian and which has been licensed, or in respect of which any contract has been entered into, or which is subject to any lien or encumbrance, shall be returned topic to the license, contract, lien, or encumbrance. (k) Patents, logos, and copyrights; software of subsection (b) to proceeds Except as supplied in section 4324 of this title, paragraphs (12) to (22), both inclusive, of subsection (b) of this part shall apply to the proceeds acquired from the sale, license, or other disposition of any patent, trademark, print, label, copyright, or proper therein or claim thereto, conveyed, transferred, assigned, or delivered to the Alien Property Custodian, or seized by him. (l) Royalties This section shall apply to royalties paid to the Alien Property Custodian, in accordance with a judgment or decree in a go properly with introduced underneath subsection (f) of section 4310 of this title; but shall not apply to any other money paid to the Alien Property Custodian under part 4310 of this title. (m) Temporary retention and investment of portion of value of property; written consent No cash or different property shall be returned underneath paragraph (12), (13), (14), or (16) of subsection (b) or under subsection (g) or (n) or (to the extent therein provided) beneath subsection (p), unless the particular person entitled thereto information a written consent to a postponement of the return of an amount equal to 20 per centum of the combination value of such cash or other property (at the time, as almost as could additionally be, of the return), as determined by the Alien Property Custodian, and the investment of such amount in accordance with the provisions of section 4322 of this title. Such amount shall be deducted from the money to be returned to such particular person, so far as attainable, and the balance shall be deducted from the proceeds of the sale of so much of the property as could also be needed, except such individual pays the steadiness to the Alien Property Custodian, except that no property shall be offered previous to the expiration of six years from March 10, 1928, without the consent of the person entitled thereto. The amounts so deducted shall be returned to the individuals entitled thereto as offered in subsection (f) of section 4322 of this title. The sale of any such property shall be made in accordance with the provisions of section 4312 of this title, except that the provisions of such section regarding gross sales or resales to, or for the good factor about, citizens of the United States shall not be applicable. If such aggregate value of the money or different property to be returned underneath paragraph (12), (13), (14), or (16) of subsection (b) or underneath subsection (g) is lower than $2,000, then the written consent shall not be required and the cash or other property shall be returned in full without the temporary retention and investment of 20 per centum thereof. (n) Corporate stock or bonds In the case of property consisting of inventory or other interest in any corporation, affiliation, company, or belief, or of bonded or different indebtedness thereof, evidenced by certificates of inventory or by bonds or by other certificates of interest therein or indebtedness thereof, or consisting of dividends or interest or different accruals thereon, the place the right, title, and curiosity in the property (but not the precise certificate or bond or other certificates of interest or indebtedness) was conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him, if the President determines that the proprietor thereof or of any curiosity therein has acquired such ownership by project, transfer, or sale of such certificate or bond or different certificates of curiosity or indebtedness, (it being the intent of this subsection that such assignment, transfer, or sale shall not be deemed invalid hereunder by reason of such conveyance, transfer, task, delivery, or cost to the Alien Property Custodian or seizure by him) and that the written consent provided for in subsection (m) has been filed, then the President might make in respect of such property an order of the same character, upon the same circumstances, and with the identical impact, as in instances provided for in subsection (b), together with the advantages of subsection (c). (o) Extinguishment of rights The provisions of paragraph (12), (13), (14), (17), (18), (19), (20), (21), or (22) of subsection (b), or of subsection (m) or (n) of this section, and (except to the extent therein provided) the provisions of paragraph (16) of subsection (b), shall not be construed as diminishing or extinguishing any proper underneath any other provision of this chapter in force immediately previous to the enactment of the Settlement of War Claims Act of 1928. (p) Successors in curiosity The Alien Property Custodian shall switch the cash or different property in the trust of any partnership, affiliation, or different unincorporated physique of individuals, or company, the existence of which has terminated, to trusts within the names of the persons (including the German Government and members of the former ruling family) who have succeeded to its claim or interest; and the provisions of subsection (a) of this part regarding the gathering of a debt (by order of the President or of a court) out of money or different property held by the Alien Property Custodian or the Treasurer of the United States shall be applicable to the debts of such successor and any such debt may be collected out of the cash or other property in any of such trusts if not returnable beneath subsection (a) of this section. Subject to the above provisions as to the collection of money owed, every such successor (except the German Government and members of the previous ruling family) could proceed for the return of the quantity so transferred to his trust, in the identical manner as such partnership, association, or other unincorporated body of people, or corporation might proceed if nonetheless in existence. If such partnership, association, or other unincorporated physique of individuals, or corporation, would have been entitled to the return of its money or other property only upon submitting the written consent offered for in subsection (m), then the successor shall be entitled to the return under this subsection solely upon submitting such written consent. (q) Limitations imposed by Settlement of War Claims Act The return of cash or different property beneath paragraph (15), (17), (18), (19), (20), (21), or (22) of subsection (b) (relating to the return of Austrian and Hungarian nationals) shall be subject to the restrictions imposed by subsections (d) and (e) of part 7 of the Settlement of War Claims Act of 1928. (Oct. 6, 1917, ch. 106, §9, 40 Stat. 419; July 11, 1919, ch. 6, §1, 41 Stat. 35; June 5, 1920, ch. 241, forty one Stat. 977; Feb. 27, 1921, ch. 76, 41 Stat. 1147; Dec. 21, 1921, ch. 13, 42 Stat. 351; Dec. 27, 1922, ch. thirteen, 42 Stat. 1065; Mar. 4, 1923, ch. 285, §1, forty two Stat. 1511; May 7, 1926, ch. 252, forty four Stat. 406; Mar. 10, 1928, ch. 167, §§11–14, 20, forty five Stat. 270–273, 277; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 745, 50 Stat. 748; June 25, 1948, ch. 646, §32(a), sixty two Stat. 991; May 24, 1949, ch. 139, §127, sixty three Stat. 107; Aug. 6, 1956, ch. 1016, §3, 70 Stat. 1073; Pub. L. 87–846, title II, §203, Oct. 22, 1962, 76 Stat. 1113.) Editorial Notes References in Text This chapter, referred to in subsecs. (a), (b)(3B), (16), (j), and (o), was in the original “this Act”, that means act Oct. 6, 1917, ch. 106, 40 Stat. 411, generally identified as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is assessed principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. The Settlement of War Claims Act of 1928, referred to in subsecs. (d), (g), (o), and (q), is act Mar. 10, 1928, ch. 167, forty five Stat. 254, which was accredited Mar. 10, 1928. Section 7 of the Act is not classified to the Code. For textual content of subsecs. (d) and (g) previous to modification by the Settlement of War Claims Act of 1928, see 1928 Amendment notes under. For full classification of this Act to the Code, see Tables. Codification Section was formerly categorised to section 9 of the previous Appendix to this title prior to editorial reclassification and renumbering as this part. Amendments 1962—Subsec. (a). Pub. L. 87–846 inserted provisions for sale of claimed property in time of warfare or throughout nationwide emergency, publication of notice in Federal Register of intention to promote, deposit of internet proceeds of sale in a special account within the Treasury, satisfaction of the declare from such internet proceeds, election to waive claims to internet proceeds and to assert simply compensation, judicial dedication of amount of compensation, order for payment, judgment towards United States and notification of Secretary of the Treasury respecting the willpower of election made. 1956—Subsec. (b)(15). Act Aug. 6, 1956, repealed par. (15) which associated to property of the Austro-Hungarian Bank. 1937—Subsec. (e). Act Aug. 24, 1937, inserted proviso that arrangements by foreign nations certified by Secretary of State would be regarded as assembly reciprocity requirement for return of property. 1928—Subsec. (b)(12) to (22). Act Mar. 10, 1928, §11, added pars. (12) to (22). Subsec. (d). Act Mar. 10, 1928, §12(a), amended subsec. (d) generally. Prior to modification, text read as follows: “Whenever an individual, deceased, would have been entitled, if dwelling, to the return of his cash or other property hereunder, then his legal representative could proceed for the return of such money or other property as provided in subsection (a) hereof: Provided, nevertheless, That the President or the courtroom, because the case could also be, earlier than granting such reduction shall impose such situations by means of security or otherwise, because the President or the courtroom, respectively, shall deem sufficient to insure that such authorized representative will redeliver to the Alien Property Custodian such portion of the money or different property so obtained by him as shall be distributable to any person not eligible as a claimant beneath subsections (a) or (c) hereof.” Subsec. (e). Act Mar. 10, 1928, §12(b), inserted “; nor shall a debt be allowed underneath this part except discover of the claim has been filed, or application therefor has been made, prior to the date of the enactment of the Settlement of War Claims Act of 1928” earlier than interval at finish. Subsec. (g). Act Mar. 10, 1928, §12(c), amended subsec. (g) generally. Prior to modification, text learn as follows: “The legal representative (duly appointed by a court in the United States) of an individual, deceased, whose cash or other property has been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, could (if not entitled to proceed under subsection (d) of this section) proceed beneath subsection (a) for the recovery of any curiosity, proper, or title in any such money or different property which has, by cause of the death of such individual, turn into the curiosity, right, or title of a citizen of the United States, until such citizenship was acquired through naturalization proceedings in which the declaration of intention was filed after November eleven, 1918. Such authorized consultant shall give a bond, in a penal sum and with sureties satisfactory to the President or the court, as the case could also be, conditioned that he will redeliver to the Alien Property Custodian all such money or different property not distributed to such citizen, or, if deceased, to his heirs or legal representatives.” Subsecs. (l) to (q). Act Mar. 10, 1928, §§13, 14, added subsecs. (l) to (q). 1926—Subsec. (b)(3A), (3B). Act May 7, 1926, added pars. (3A) and (3B). 1923—Act Mar. four, 1923, added pars. (9) to (11) of subsec. (b), and subsecs. (g) to (j) and redesignated former subsec. (g) as (k). 1922—Subsec. (a). Act Dec. 27, 1922, increased time restrict for instituting a suit from eighteen to thirty months. 1921—Subsec. (a). Act Dec. 21, 1921, elevated time restrict for instituting a go nicely with from six to eighteen months. Subsec. (b). Act Feb. 27, 1921, added to pars. (2) and (3) requirement that money or property be acquired subsequent to Jan. 1, 1917, and struck out in par. (3) requirement that citizenship be by start in the United States. 1920—Act June 5, 1920, added pars. (1) to (8) of subsec. (b) and added subsecs. (c) to (g), latter two subsecs. having previously been final two paragraphs, respectively, of subsec. (b). 1919—Act July eleven, 1919, struck out requirement of proprietor’s assent to the transfer of property to the Custodian, gave the Supreme Court of the District of Columbia co-extensive jurisdiction with the District Courts over fits, and inserted proviso allowing the Custodian to acquit his duty by transferring the property of persons, who have been enemies by reason of residence in enemy occupied nations, to those individuals or their designated representatives. Statutory Notes and Related Subsidiaries Change of Name In subsec. (a), act June 25, 1936, substituted “the district court docket of the United States for the District of Columbia” for “the Supreme Court of the District of Columbia”, and act June 25, 1948, as amended by act May 24, 1949, substituted “United States District Court for the District of Columbia” for “district court docket of the United States for the District of Columbia”. Executive Documents Transfer of Functions Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4310. Acts permitted; purposes for patents, or registration of trade-marks or copyrights; cost of tax in relation thereto; licenses beneath enemy owned patent or copyright; statements by licensees; time period and cancellation; suits against licensees; restraining infringements; powers of attorney; keeping secret innovations Nothing contained in this chapter shall be held to make illegal any of the following acts: (a) Repealed. Aug. 8, 1946, ch. 910, §13, 60 Stat. 944. (b) Any citizen of the United States, or any company organized within the United States, may, when duly approved by the President, pay to an enemy or ally of enemy any tax, annuity, or fee which can be required by the laws of such enemy or ally of enemy nation in relation to patents and trade-marks, prints, labels, and copyrights; and any such citizen or corporation might file and prosecute an utility for letters patent or for registration of trade-mark, print, label, or copyright within the country of an enemy, or of an ally of enemy after first submitting such utility to the President and receiving license so to file and prosecute, and to pay the fees required by law and customary brokers’ fees, the maximum quantity of which in every case shall be topic to the control of the President. (c) Any citizen of the United States or any corporation organized throughout the United States needing to fabricate, or cause to be manufactured, a machine, manufacture, composition of matter, or design, or to hold on, or to use any trade-mark, print, label or cause to be carried on, a course of under any patent or copyrighted matter owned or controlled by an enemy or ally of enemy at any time in the course of the existence of a state of warfare could apply to the President for a license; and the President is permitted to grant such a license, nonexclusive or exclusive as he shall deem finest, supplied he shall be of the opinion that such grant is for the basic public welfare, and that the applicant is able and intends in good religion to fabricate, or trigger to be manufactured, the machine, manufacture, composition of matter, or design, or to hold on, or trigger to be carried on, the method or to make use of the trade-mark, print, label or copyrighted matter. The President may prescribe the situations of this license, including the fixing of costs of articles and products necessary to the well being of the military and naval forces of the United States or the profitable prosecution of the war, and the foundations and laws under which such license could additionally be granted and the charge which shall be charged therefor, not exceeding $100, and not exceeding one per centum of the fund deposited as hereinafter offered. Such license shall be an entire defense to any go properly with at legislation or in fairness instituted by the enemy or ally of enemy homeowners of the letters patent, trade-mark, print, label or copyright, or otherwise, in opposition to the licensee for infringement or for damages, royalty, or different money award on account of something accomplished by the licensee beneath such license, besides as supplied in subsection (f) hereof. (d) The licensee shall file with the President a full statement of the extent of the use and enjoyment of the license, and of the prices obtained in such form and at such acknowledged periods (at least annually) as the President might prescribe; and the licensee shall pay at such times as could additionally be required to the alien property custodian to not exceed 5 per centum of the gross sums acquired by the licensee from the sale of mentioned inventions or use of the trade-mark, print, label or copyrighted matter, or, if the President shall so order, five per centum of the worth of using such inventions, trade-marks, prints, labels or copyrighted matter to the licensee as established by the President; and sums so paid shall be deposited by stated alien property custodian forthwith in the Treasury of the United States as a belief fund for the said licensee and for the proprietor of the said patent, trade-mark, print, label or copyright registration as hereinafter supplied, to be paid from the Treasury upon order of the court, as supplied in subsection (f) of this part, or upon the path of the alien property custodian. (e) Unless surrendered or terminated as offered in this chapter, any license granted hereunder shall continue during the term fixed in the license or in the absence of any such limitation during the term of the patent, trade-mark, print, label, or copyright registration beneath which it is granted. Upon violation by the licensee of any of the provisions of this chapter, or of the conditions of the license, the President could, after due discover and hearing, cancel any license granted by him. (f) The owner of any patent, trade-mark, print, label, or copyright underneath which a license is granted hereunder may, after the top of the warfare and until the expiration of one 12 months thereafter, file a invoice in fairness against the licensee within the district court docket of the United States for the district by which the said licensee resides, or, if a company, during which it has its principal office (to which suit the Treasurer of the United States shall be made a party), for restoration from the said licensee for all use and delight of the mentioned patented invention, trade-mark, print, label, or copyrighted matter: Provided, nonetheless, That every time suit is brought, as above, notice shall be filed with the alien property custodian inside thirty days after date of entry of swimsuit: Provided additional, That the licensee might make any and all defenses which might be available had been no license granted. The court docket on due proceedings had could adjudge and decree to the said proprietor cost of an affordable royalty. The amount of said judgment and decree, when ultimate, shall be paid on order of the courtroom to the proprietor of the patent from the fund deposited by the licensee, so far as such deposit will fulfill said judgment and decree; and the stated cost shall be in full or partial satisfaction of stated judgment and decree, because the facts may seem; and if, after cost of all such judgments and decrees, there shall remain any steadiness of stated deposit, such balance shall be repaid to the licensee on order of the alien property custodian. If no suit is brought inside one year after the tip of the war, or no discover is filed as above required, then the licensee shall not be liable to make any additional deposits, and all funds deposited by him shall be repaid to him on order of the alien property custodian. Upon entry of go properly with and spot filed as above required, or upon repayment of funds as above supplied, the legal responsibility of the licensee to make additional reports to the President shall cease. If swimsuit is introduced as above provided, the court could, at any time, terminate the license, and will, in such occasion, problem an injunction to restrain the licensee from infringement thereafter, or the court docket, in case the licensee, prior to swimsuit, shall have made investment of capital based mostly on possession of the license, might continue the license for such period and upon such terms and with such royalties because it shall discover to be simply and reasonable. In the case of any such patent, trade-mark, print, label, or copyright, conveyed, assigned, transferred, or delivered to the Alien Property Custodian or seized by him, any go nicely with brought underneath this subsection, throughout the time limited therein, shall be thought-about as having been brought by the owner within the meaning of this subsection, in so far as such go well with pertains to royalties for the interval previous to the sale by the Alien Property Custodian of such patent, trade-mark, print, label, or copyright, if introduced either by the Alien Property Custodian or by the one who was the proprietor thereof immediately prior to the date such patent, trade-mark, print, label, or copyright was seized or in any other case acquired by the Alien Property Custodian. (g) Any enemy, or ally of enemy, could institute and prosecute fits in fairness towards any person aside from a licensee underneath this chapter to enjoin infringement of letters patent, trade-mark, print, label, and copyrights in the United States owned or controlled by said enemy or ally of enemy, in the same manner and to the extent that he could be entitled so to do if the United States was not at war: Provided, That no ultimate judgment or decree shall be entered in favor of such enemy or ally of enemy by any court except after thirty days’ discover to the alien property custodian. Such discover shall be in writing and shall be served in the same method as civil process of Federal courts. (h) All powers of legal professional heretofore or hereafter granted by an enemy or ally of enemy to any particular person inside the United States, in so far as they could be requisite to the performance of acts approved in subsections (a) and (g) of this section, shall be valid. (i) Whenever the publication of an invention by the granting of a patent might, in the opinion of the President, be detrimental to the public safety or protection, or may assist the enemy or endanger the successful prosecution of the war, he could order that the invention be kept secret and withhold the grant of a patent until the top of the struggle: Provided, That the invention disclosed within the application for said patent could additionally be held deserted upon it being established earlier than or by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office that, in violation of stated order, said invention has been published or that an application for a patent therefor has been filed in some other nation, by the inventor or his assigns or legal representatives, without the consent or approval of the commissioner or underneath a license of the President. When an applicant whose patent is withheld as herein offered and who faithfully obeys the order of the President above referred to shall tender his invention to the Government of the United States for its use, he shall, if he finally receives a patent, have the proper to sue for compensation within the United States Court of Federal Claims, such proper to compensation to start from the date of the usage of the invention by the Government. (Oct. 6, 1917, ch. 106, §10, 40 Stat. 420; Mar. 10, 1928, ch. 167, §19, forty five Stat. 277; Aug. eight, 1946, ch. 910, §13, 60 Stat. 944; Pub. L. 97–164, title I, §160(a)(17), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(26)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585.) Editorial Notes References in Text This chapter, referred to in textual content, was within the original “this Act”, which means act Oct. 6, 1917, ch. 106, 40 Stat. 411, generally identified as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is assessed principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was formerly categorised to section 10 of the former Appendix to this title prior to editorial reclassification and renumbering as this part. Prior Provisions The provisions of subsection (i) of this section are similar to the provisions of act Oct. 6, 1917, ch. 95, forty Stat. 394, which was repealed and outmoded by act Feb. 1, 1952, ch. four, sixty six Stat. 3. Act Feb. 1, 1952, was repealed by act July 19, 1952, ch. 950, §5, 66 Stat. 815. See part 181 of Title 35. Amendments 1999—Subsec. (i). Pub. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents”. 1992—Subsec. (i). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (i). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”. 1946—Subsec. (a). Act Aug. eight, 1946, repealed subsec. (a). 1928—Subsec. (f). Act Mar. 10, 1928, added par. at finish. Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Amendment by Pub. L. 106–113 efficient four months after Nov. 29, 1999, see part 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. Effective Date of 1992 Amendment Amendment by Pub. L. 102–572 efficient Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a notice underneath section 171 of Title 28, Judiciary and Judicial Procedure. Effective Date of 1982 Amendment Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note underneath section 171 of Title 28, Judiciary and Judicial Procedure. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4311. Importations prohibited Whenever during the present struggle the President shall find that the common public safety so requires and shall make proclamation thereof it shall be unlawful to import into the United States from any nation named in such proclamation any article or articles mentioned in such proclamation besides at such time or occasions, and beneath such laws or orders, and subject to such limitations and exceptions because the President shall prescribe, until in any other case ordered by the President or by Congress: Provided, however, That no desire shall be given to the ports of one State over those of another. (Oct. 6, 1917, ch. 106, §11, forty Stat. 422.) Editorial Notes Codification Section was previously categorised to section 11 of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. §4312. Property transferred to Alien Property Custodian All moneys (including checks and drafts payable on demand) paid to or acquired by the alien property custodian pursuant to this chapter shall be deposited forthwith within the Treasury of the United States, and could also be invested and reinvested by the Secretary of the Treasury in United States bonds or United States certificates of indebtedness, beneath such rules and laws because the President shall prescribe for such deposit, funding, and sale of securities; and as soon after the tip of the warfare as the President shall deem practicable, such securities shall be offered and the proceeds deposited in the Treasury. All different property of an enemy, or ally of enemy, conveyed, transferred, assigned, delivered, or paid to the alien property custodian hereunder shall be safely held and administered by him besides as hereinafter supplied; and the President is permitted to designate as a depositary, or depositaries, of property of an enemy or ally of enemy, any financial institution, or banks, or belief firm, or belief companies, or different appropriate depositary or depositaries, located and doing enterprise in the United States. The alien property custodian might deposit with such designated depositary or depositaries, or with the Secretary of the Treasury, any shares, bonds, notes, time drafts, time bills of exchange, or other securities, or property (except cash or checks or drafts payable on demand which are required to be deposited with the Secretary of the Treasury) and such depositary or depositaries shall be approved and empowered to gather any dividends or interest or revenue that may turn out to be due and any maturing obligations held for the account of such custodian. Any moneys collected on stated account shall be paid and deposited forthwith by said depositary or by the alien property custodian into the Treasury of the United States as hereinbefore offered. The President shall require all such designated depositaries to execute and file bonds sufficient in his judgment to guard property on deposit, such bonds to be conditioned as he might direct. The alien property custodian shall be vested with all the powers of a common-law trustee in respect of all property, apart from money, which has been or shall be, or which has been or shall be required to be, conveyed, transferred, assigned, delivered, or paid over to him in pursuance of the provisions of this chapter, and, as properly as thereto, appearing beneath the supervision and course of the President, and under such guidelines and rules because the President shall prescribe, shall have power to manage such property and do any act or issues in respect thereof or make any disposition thereof or of any half thereof, by sale or in any other case, and exercise any rights or powers which may be or turn out to be appurtenant thereto or to the possession thereof in like method as though he have been the absolute proprietor thereof: Provided, That any property bought beneath this chapter except when offered to the United States, shall be sold solely to American residents, at public sale to the highest bidder, after public commercial of time and place of sale which shall be the place the property or a significant portion thereof is located, unless the President stating the explanations therefor, within the public curiosity shall otherwise determine: Provided further, That when sold at public sale, the alien property custodian upon the order of the President stating the explanations therefor, shall have the best to reject all bids and resell such property at public sale or otherwise as the President may direct. Any particular person purchasing property from the alien property custodian for an undisclosed principal, or for re-sale to a person not a citizen of the United States, or for the good factor about a person not a citizen of the United States, shall be guilty of a misdemeanor, and, upon conviction, shall be subject to a fantastic of not more than $10,000, or imprisonment for not more than ten years, or both, and the property shall be forfeited to the United States. It shall be the duty of each company integrated within the United States and every unincorporated association, or company, or trustee, or trustees throughout the United States issuing shares or certificates representing useful pursuits to switch such shares or certificates upon its, his, or their books into the name of the alien property custodian upon demand, accompanied by the presentation of the certificates which represent such shares or useful pursuits. The alien property custodian shall forthwith deposit within the Treasury of the United States, as hereinbefore provided, the proceeds of any such property or rights so offered by him. Any cash or property required or licensed by the provisions of this chapter to be paid, conveyed, transferred, assigned, or delivered to the alien property custodian shall, if said custodian shall so direct by written order, be paid, conveyed, transferred, assigned, or delivered to the Treasurer of the United States with the same impact as if to the alien property custodian. After the top of the war any declare of any enemy or of an ally of enemy to any cash or different property acquired and held by the alien property custodian or deposited within the United States Treasury, shall be settled as Congress shall direct: Provided, nevertheless, That on order of the President as set forth in part 4309 of this title, or of the court, as set forth in sections 4309 and 4310 of this title, the alien property custodian or the Treasurer of the United States, because the case could additionally be, shall forthwith convey, switch, assign, and pay to the particular person to whom the President shall so order, or in whose behalf the court shall enter ultimate judgment or decree, any property of an enemy or ally of enemy held by mentioned custodian or by stated Treasurer, as far as could also be essential to comply with stated order of the President or stated final judgment or decree of the court: And supplied further, That the Treasurer of the United States, on order of the alien property custodian shall, as supplied in part 4310 of this title, repay to the licensee any funds deposited by said licensee. (Oct. 6, 1917, ch. 106, §12, 40 Stat. 423; Mar. 28, 1918, ch. 28, §1, 40 Stat. 460.) Editorial Notes References in Text This chapter, referred to in text, was in the unique “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, often known as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is assessed principally to this chapter. For full classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was formerly categorized to section 12 of the former Appendix to this title prior to editorial reclassification and renumbering as this section. Amendments 1918—Act Mar. 28, 1918, required that property sold be offered at public sale to American citizens, gave Custodian proper to reject bids, and made violations of sale regulations topic to fine or imprisonment as misdemeanors. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees. §4313. Statements by masters of vessels and house owners of cargoes earlier than granting clearances During the present warfare, in addition to the details required by part of title 46, and sections forty-one hundred and ninety-eight,1 and forty-two hundred1 of the Revised Statutes, as amended by the Act of June fifteenth, nineteen hundred and seventeen, to be set out within the grasp’s and shipper’s manifests before clearance shall be issued to vessels bound to foreign ports, the grasp or particular person in cost of any vessel, earlier than departure of such vessel from port, shall ship to the collector of customs of the district wherein such vessel is located a statement duly verified by oath that the cargo is not shipped or to be delivered in violation of this chapter, and the homeowners, shippers, or consignors of the cargo of such vessels shall in like manner ship to the collector like assertion under oath as to the cargo or the parts thereof laden or shipped by them, respectively, which statement shall contain also the names and addresses of the particular consignees of the cargo, or if the shipment is made to a bank or different broker, factor, or agent, the names and addresses of the individuals who are the precise consignees on whose account the shipment is made. The grasp or person in management of the vessel shall, on reaching port of destination of any of the cargo, deliver a copy of the manifest and of the mentioned grasp’s, proprietor’s shipper’s, or consignor’s statement to the American consular officer of the district by which the cargo is unladen. (Oct. 6, 1917, ch. 106, §13, forty Stat. 424.) Editorial Notes References in Text Section 4198 of the Revised Statutes, referred to in text, was classified to section ninety four of former Title 46, Shipping, previous to repeal by Pub. L. 103–182, title VI, §690(a)(8), Dec. eight, 1993, 107 Stat. 2223. Section 4200 of the Revised Statutes, referred to in text, was categorised to section ninety two of former Title forty six, Shipping, prior to repeal by Pub. L. 87–826, §3, Oct. 15, 1962, 76 Stat. 953. The amendment by act June 15, 1917, referred to in textual content, probably means the modification made by part four of title V of act June 15, 1917, ch. 30, forty Stat. 222. This chapter, referred to in text, was within the authentic “this Act”, that means act Oct. 6, 1917, ch. 106, forty Stat. 411, generally known as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is assessed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was previously categorized to part thirteen of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. In textual content, “section of title forty six, and sections” substituted for “sections forty-one hundred and ninety-seven,” on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, a hundred and twenty Stat. 1709, which Act enacted section of Title forty six, Shipping. Executive Documents Transfer of Functions All places of work of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments have been required to be made by President with recommendation and consent of Senate ordered abolished with such workplaces to be terminated not later than Dec. 31, 1966, and capabilities vested by statute in officers, agencies, or employees of the Bureau of Customs of the Department of the Treasury transferred to the Secretary of the Treasury by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. §4314. False manifest; refusal of clearance; reviews of gold or silver coin in cargoes for export During the current struggle, whenever there’s reasonable trigger to believe that the manifest or the extra statements underneath oath required by part 4313 of this title are false or that any vessel, home or foreign, is about to carry out of the United States any property to or for the account or advantage of an enemy, or ally of enemy, or any property or person whose export, taking out, or transport will be in violation of legislation, the collector of customs for the district in which such vessel is located is authorized and empowered topic to evaluation by the President to refuse clearance to any such vessel, home or international, for which clearance is required by law, and by formal notice served upon the homeowners, grasp, or individual or individuals in command or cost of any home vessel for which clearance isn’t required by legislation, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. The collector of customs shall, through the present warfare, in every case report to the President the amount of gold or silver coin or bullion or other moneys of the United States contained in any cargo intended for export. Such report shall embody the names and addresses of the consignors and consignees, along with any facts known to the collector as regards to such cargo and notably those which may point out that such gold or silver coin or bullion or moneys of the United States may be meant for delivery or may be delivered, instantly or not directly, to an enemy or an ally of enemy. (Oct. 6, 1917, ch. 106, §14, forty Stat. 424.) Editorial Notes Codification Section was previously categorized to section 14 of the former Appendix to this title previous to editorial reclassification and renumbering as this section. Executive Documents Transfer of Functions All places of work of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with recommendation and consent of Senate ordered abolished with such places of work to be terminated not later than Dec. 31, 1966, and features vested by statute in officers, agencies, or employees of the Bureau of Customs of the Department of the Treasury transferred to the Secretary of the Treasury by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, seventy nine Stat. 1317, set out within the Appendix to Title 5, Government Organization and Employees. §4315. Offenses; punishment; forfeitures of property (a) Criminal legal responsibility Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to adjust to any order of the President issued in compliance with the provisions of the chapter shall, upon conviction, be fined no more than $1,000,000, or if a pure individual, be imprisoned for no more than 20 years, or both. (b) Civil liability; listening to; judicial review (1) A civil penalty of not to exceed $50,000 could also be imposed by the Secretary of the Treasury on any one who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter. (2) Any property, funds, securities, papers, or different articles or paperwork, or any vessel, together with its tackle, attire, furnishings, and equipment, that’s the subject of a violation underneath paragraph (1) shall, on the course of the Secretary of the Treasury, be forfeited to the United States Government. (3) The penalties offered beneath this subsection may be imposed solely on the report after alternative for an agency hearing in accordance with sections 554 through 557 of title 5, with the proper to prehearing discovery. (4) Judicial review of any penalty imposed under this subsection could also be had to the extent offered in part 702 of title 5. (c) Forfeiture Upon conviction, any property, funds, securities, papers, or other articles or documents, or any vessel, along with sort out, attire, furnishings, and tools, involved in any violation of subsection (a) may be forfeited to the United States. (Oct. 6, 1917, ch. 106, §16, forty Stat. 425; Pub. L. 95–223, title I, §103(a), Dec. 28, 1977, ninety one Stat. 1626; Pub. L. 102–393, title VI, §628, Oct. 6, 1992, 106 Stat. 1772; Pub. L. 102–484, div. A, title XVII, §1710(c), Oct. 23, 1992, 106 Stat. 2580; Pub. L. 104–114, title I, §102(d), Mar. 12, 1996, a hundred and ten Stat. 792; Pub. L. 111–195, title I, §107(a)(4), July 1, 2010, 124 Stat. 1337.) Editorial Notes References in Text “This chapter” and “the chapter”, referred to in subsecs. (a) and (b)(1), have been within the unique “this Act” and “the Act”, respectively, which means act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was previously categorized to part 16 of the former Appendix to this title previous to editorial reclassification and renumbering as this section. Amendments 2010—Subsec. (a). Pub. L. 111–195 substituted “if a pure individual, be imprisoned for not more than 20 years, or both.” for “if a natural person, be fined not more than $100,000, or imprisoned for no more than ten years or each; and the officer, director, or agent of any corporation who knowingly participates in such violation shall, upon conviction, be fined not more than $100,000 or imprisoned for no more than ten years or both.” 1996—Pub. L. 104–114, §102(d)(3)(A), made technical modification inserting section designation in original. Subsec. (a). Pub. L. 104–114, §102(d)(3)(B), substituted “participates” for “individuals”. Subsec. (b). Pub. L. 104–114, §102(d)(1), amended subsec. (b), as added by Pub. L. 102–484, usually. Prior to amendment, subsec. (b) read as follows: “(b)(1) The Secretary of the Treasury could impose a civil penalty of no more than $50,000 on any one who violates any license, order, rule, or regulation issued under this chapter. “(2) Any property, funds, securities, papers, or different articles or paperwork, or any vessel, together with its deal with, apparel, furnishings, and gear, that’s the topic of a violation under paragraph (1) shall, on the discretion of the Secretary of the Treasury, be forfeited to the United States Government. “(3) The penalties offered beneath this subsection is most likely not imposed for— “(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or “(B) clearly defined academic or non secular actions, or activities of recognized human rights organizations, that are reasonably restricted in frequency, period, and variety of participants. “(4) The penalties supplied under this subsection could also be imposed only on the report after alternative for an agency listening to in accordance with sections 554 by way of 557 of title 5, with the right to prehearing discovery. “(5) Judicial evaluate of any penalty imposed beneath this subsection may be needed to the extent provided in part 702 of title 5.” Pub. L. 104–114, §102(d)(2), struck out subsec. (b), as added by Pub. L. 102–393, which read as follows: “(b)(1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any one who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter. “(2) The penalties supplied underneath this subsection may not be imposed for— “(A) news gathering, analysis, or the export or import of, or transmission of, information or informational supplies; or “(B) clearly outlined academic or religious activities, or actions of acknowledged human rights organizations, which are moderately restricted in frequency, period, and variety of individuals.” 1992—Pub. L. 102–484, which directed substitution of “(a) Whoever” for “That whoever” and addition of subsec. (b) at end, was executed to replicate the probable intent of Congress in gentle of the intervening basic amendment by Pub. L. 102–393 (see below), by adding subsec. (b) after subsec. (a). Pub. L. 102–393 amended section typically, substituting subsecs. (a) to (c) for former undesignated provisions which learn as follows: “Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of this chapter shall, upon conviction, be fined not more than $50,000, or, if a pure particular person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any company who knowingly participates in such violation shall be punished by a like nice, imprisonment, or both, and any property, funds, securities, papers, or other articles or paperwork, or any vessel, together along with her deal with, attire, furniture, and gear, involved in such violation shall be forfeited to the United States.” 1977—Pub. L. 95–223 substituted “$50,000” for “$10,000”. §4316. Rules by district courts; appeals The district courts of the United States are given jurisdiction to make and enter all such rules as to notice and otherwise, and all such orders and decrees, and to concern such course of as could additionally be essential and proper in the premises to implement the provisions of this chapter, with a right of enchantment from the ultimate order or decree of such courtroom as provided in sections 100 and twenty-eight and 200 and thirty-eight of the Act of March third, nineteen hundred and eleven, entitled “An Act to codify, revise, and amend the legal guidelines referring to the judiciary.” (Oct. 6, 1917, ch. 106, §17, forty Stat. 425.) Editorial Notes References in Text This chapter, referred to in text, was within the unique “this Act”, that means act Oct. 6, 1917, ch. 106, 40 Stat. 411, generally identified as the Trading with the enemy Act, also recognized as the Trading with the Enemy Act, which is assessed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Sections 100 and twenty-eight and 2 hundred and thirty-eight of the Act of March third, nineteen hundred and eleven, entitled “An Act to codify, revise, and amend the laws relating to the judiciary”, referred to in textual content, enacted sections 225 and 345 of former Title 28, Judicial Code and Judiciary, respectively. Section 225 of former Title 28 was repealed by act June 25, 1948, ch. 646, §39, 62 Stat. 992, and reenacted as sections 1291, 1292, 1293, and 1294 of Title 28, Judiciary and Judicial Procedure. Section 1293 of Title 28 was repealed by Pub. L. 87–189, §3, Aug. 30, 1961, 75 Stat. 417. Section 345 of former Title 28 was repealed by act June 25, 1948, ch. 646, §39, 62 Stat. 992. Codification Section was previously categorised to part 17 of the previous Appendix to this title previous to editorial reclassification and renumbering as this part. §4317. Fees of agents, attorneys, or representatives No property or curiosity or proceeds shall be returned underneath this chapter, nor shall any payment be made or judgment awarded in respect of any property or interest vested in or transferred to any officer or agency of the United States underneath this chapter except satisfactory evidence is furnished to the President or such officer or company as he could designate, or the court, because the case may be, that the combination of the fees to be paid to all agents, attorneys at law or actually, or representatives, for companies rendered in reference to such return or fee or judgment does not exceed 10 per centum of the worth of such property or curiosity or proceeds or of such fee. Any agent, lawyer at legislation or in fact, or consultant, believing that the aggregate of the fees ought to be in extra of such 10 per centum might in the case of any return of, or the making of any cost in respect of, such property or curiosity or proceeds by the President or such officer or agency as he might designate, petition the district court of the United States for the district in which he resides for an order authorizing charges in extra of 10 per centum and shall name such officer or company as respondent. The courtroom hearing such petition, or a courtroom awarding any judgment in respect of any such property or interest or proceeds, because the case may be, shall approve an aggregate of fees in excess of 10 per centum of the value of such property or curiosity or proceeds solely upon a finding that there exist particular circumstances of bizarre hardship which require the payment of such excess. Any particular person accepting any payment in excess of an amount accredited hereunder, or retaining for greater than thirty days any portion of a fee, accepted prior to approval hereunder, in excess of the fee as permitted, shall be guilty of a violation of this chapter. (Oct. 6, 1917, ch. 106, §20, as added Mar. four, 1923, ch. 285, §2, forty two Stat. 1515; amended Mar. 10, 1928, ch. 167, §9(c), 45 Stat. 267; Mar. eight, 1946, ch. 83, §2, 60 Stat. fifty four; June 25, 1956, ch. 436, 70 Stat. 331.) Editorial Notes References in Text This chapter, referred to in text, was within the unique “this Act”, that means act Oct. 6, 1917, ch. 106, forty Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was previously categorised to part 20 of the former Appendix to this title previous to editorial reclassification and renumbering as this part. Amendments 1956—Act June 25, 1956, struck out provisions which required a schedule of fees to be furnished to, and permitted by, the President or such officer or agency as he designated, and which permitted approval of such schedule of fees solely upon a willpower that the person charges did not exceed honest compensation for providers rendered. 1946—Act Mar. 8, 1946, raised limitation of fees from three per centum of amount involved to 10 per centum. 1928—Act Mar. 10, 1928, inserted “at legislation or actually” after “legal professional” wherever appearing. Executive Documents Transfer of Functions Alien Property Custodian designated officer to administer powers and authority conferred upon the President by this part, see Ex. Ord. No. 9725, set out beneath. Office of World War II Alien Property Custodian terminated and powers, duties, and functions vested in or transferred or delegated to such Office or in the Alien Property Custodian transferred to Attorney General, see Ex. Ord. No. 9788, set out underneath part 4306 of this title. Ex. Ord. No. 9725. Administration of Powers and Authority of President by Alien Property Custodian Ex. Ord. No. 9725, May sixteen, 1946, 11 F.R. 5381, provided: The Alien Property Custodian is designated as the officer to administer the powers and authority conferred upon the President by part 20 of the Trading with the Enemy Act, as amended by Public Law 322, 79th Congress, permitted March eight, 1946 [50 U.S.C. 4317], and by part 32 of the said act, as added by the said Public Law 322 [50 U.S.C. 4329]. The Alien Property Custodian may delegate to officers and staff of the Office of Alien Property Custodian such functions as he could deem necessary to carry out the provisions of this order. This order shall not be construed as revoking or limiting any power or authority heretofore delegated to the Alien Property Custodian. Harry S. Truman. §4318. Claims of naturalized citizens as affected by expatriation The claim of any naturalized American citizen under the provisions of this chapter shall not be denied on the ground of any presumption of expatriation which has arisen in opposition to him, under the second sentence of section 2 of the Act entitled “An Act in reference to the expatriation of citizens and their protection abroad,” permitted March 2, 1907, if he shall give satisfactory evidence to the President, or the court docket, because the case may be, of his uninterrupted loyalty to the United States during his absence, and that he has returned to the United States, or that he, though wanting to return, has been prevented from so returning by circumstances beyond his control. (Oct. 6, 1917, ch. 106, §21, as added Mar. 4, 1923, ch. 285, §2, forty two Stat. 1516.) Editorial Notes References in Text This chapter, referred to in text, was within the unique “this Act”, which means act Oct. 6, 1917, ch. 106, 40 Stat. 411, often recognized as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. The second sentence of section 2 of the Act entitled “An Act in reference to the expatriation of citizens and their protection overseas,” permitted March 2, 1907, referred to in text, is the second sentence of section 2 of act Mar. 2, 1907, ch. 2534, 34 Stat. 1228, which was classified to part 17 of Title 8, Aliens and Nationality, prior to repeal by act Oct. 14, 1940, ch. 876, title I, subch. V, §504, 54 Stat. 1172. See section 1481(a) of Title 8. Codification Section was previously categorised to section 21 of the previous Appendix to this title previous to editorial reclassification and renumbering as this section. §4319. Fugitives from justice barred from recovery No particular person shall be entitled to the return of any property or money under any provision of this chapter, or any amendment of this chapter, who’s a fugitive from justice of the United States or any State or Territory thereof, or the District of Columbia. (Oct. 6, 1917, ch. 106, §22, as added Mar. 4, 1923, ch. 285, §2, forty two Stat. 1516; amended Mar. 10, 1928, ch. 167, §16, 45 Stat. 275.) Editorial Notes References in Text This chapter, referred to in text, was in the unique “this Act”, that means act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also recognized as the Trading with the Enemy Act, which is classed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was formerly classified to section 22 of the former Appendix to this title prior to editorial reclassification and renumbering as this part. Amendments 1928—Act Mar. 10, 1928, inserted “, or any modification of this chapter,” after “any provision of this chapter”. §4320. Payment of revenue, and so forth., by Alien Property Custodian The Alien Property Custodian is directed to pay to the individual entitled thereto, from and after March four, 1923, the net earnings (including dividends, curiosity, annuities, and different earnings), accruing and picked up thereafter, in respect of any money or property held in trust for such particular person by the Alien Property Custodian or by the Treasurer of the United States for the account of the Alien Property Custodian, beneath such rules and rules as the President may prescribe. (Oct. 6, 1917, ch. 106, §23, as added Mar. 4, 1923, ch. 285, §2, forty two Stat. 1516; amended Mar. 10, 1928, ch. 167, §17, 45 Stat. 275.) Editorial Notes Codification Section was formerly classified to part 23 of the former Appendix to this title prior to editorial reclassification and renumbering as this section. Amendments 1928—Act Mar. 10, 1928, struck out restriction that no particular person be paid any quantity over $10,000 every year. Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees. §4321. Payment of taxes and bills by Alien Property Custodian (a) Authority to pay taxes and expenses; disallowance of claims by enemy; limitation on claims for restoration of deductions for expenses The Alien Property Custodian is authorized to pay all taxes (including special assessments), heretofore or hereafter lawfully assessed by any body politic towards any cash or other property held by him or by the Treasurer of the United States underneath this chapter, and to pay the necessary bills incurred by him or by any depositary for him in securing the possession, assortment, or control of any such money or other property, or in defending or administering the same. Such taxes and expenses shall be paid out of the money or other property in opposition to which such taxes are assessed or in respect of which such bills are incurred, or (if such cash or different property is insufficient) out of any other money or property held for the same particular person, notwithstanding the fact that a declare might have been filed or suit instituted beneath this chapter. No declare shall be filed with the Alien Property Custodian or allowed by him or by the President of the United States, nor shall any go properly with be instituted or maintained in opposition to the Alien Property Custodian or the Treasurer of the United States, or the United States, underneath any provisions of regulation, by any one who was an enemy or ally of enemy as defined in this chapter, and no allowance of any such claim now pending shall be made, nor judgment entered in any such suit heretofore or hereafter instituted, for the recovery of any deduction or deductions, heretofore or hereafter made by the Alien Property Custodian from money or properties, or income therefrom, held by him or by the Treasurer of the United States hereunder, for the overall or administrative bills of the workplace of the Alien Property Custodian, which deduction or deductions on the gathering of any earnings don’t exceed the sum of two per centum of such earnings or which on the return of any moneys or properties or income therefrom, don’t exceed the sum of two per centum of the combination value thereof at the time or occasions as almost as could additionally be, of such deduction or deductions, or, for the restoration of any deduction or deductions heretofore or hereafter made by the Alien Property Custodian from cash or properties or revenue therefrom held by him or by the Treasurer of the United States hereunder, for any and all essential expenses incurred and truly disbursed by the Alien Property Custodian or by any depositary for him in securing the possession, collection or management of any such money or properties or income therefrom, or in defending or administering the same, as said general or administrative and different expenses and stated mixture worth of returned cash or properties or earnings therefrom have been heretofore or shall be hereafter determined by mentioned Alien Property Custodian. (b) Income, war-profits, excess-profits, or estate taxes; computation of amount; payment In the case of income, war-profits, excess-profits, or estate taxes imposed by any Act of Congress, the amount thereof shall, under rules prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, be computed in the same method (except as hereinafter on this part provided) as if the money or different property had not been seized by or paid to the Alien Property Custodian, and shall be paid, as far as practicable, in accordance with subsection (a) of this part. Pending final determination of the tax liability the Alien Property Custodian is allowed to return, in accordance with the provisions of this chapter, money or different property in any belief in such amounts as could additionally be decided, under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, to be in preserving with the immediate payment of the complete amount of the internal-revenue taxes. Notwithstanding the expiration of any interval of limitation provided by law, credit or refund of any revenue, war-profits, or excess-profits tax erroneously or illegally assessed or collected may be made or allowed if declare therefor was filed with the Commissioner of Internal Revenue by the Alien Property Custodian on or before February 15, 1933. (c) Capital positive aspects So a lot of the net revenue of a taxpayer for the taxable year 1917, or any succeeding taxable yr, as represents the acquire derived from the sale or trade by the Alien Property Custodian of any property conveyed, transferred, assigned, delivered, or paid to him, or seized by him, might on the choice of the taxpayer be segregated from the online revenue and individually taxed at the rate of 30 per centum. This subsection shall be utilized and the amount of net earnings to be so segregated shall be decided, under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, as almost as could additionally be in the identical method as supplied in part 208 of the Revenue Act of 1926 (relating to capital internet gains), but without regard to the period for which the property was held by the Alien Property Custodian earlier than its sale or change, and whether or not the taxpayer is an individual. (d) Sales or exchanges of property; involuntary conversion Any property offered or exchanged by the Alien Property Custodian (whether before or after March 10, 1928) shall be thought-about as having been compulsorily or involuntarily converted, inside the meaning of the revenue, excess-profits, and war-profits tax laws and regulations; and the provisions of such legal guidelines and regulations relating to such a conversion shall (under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury) apply within the case of the proceeds of such sale or exchange. For the purpose of figuring out whether the proceeds of such conversion have been expended inside such time as will entitle the taxpayer to the advantages of such legal guidelines and rules relating to such a conversion, the date of the return of the proceeds to the particular person entitled thereto shall be thought of because the date of the conversion. (e) Interest or civil penalty In case of any internal-revenue tax imposed in respect of property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him, and imposed in respect of any period (in the taxable yr 1917 or any succeeding taxable year) throughout which such property was held by him or by the Treasurer of the United States, no curiosity or civil penalty shall be assessed upon, collected from, or paid by or on behalf of, the taxpayer; nor shall any interest be credited or paid to the taxpayer in respect of any credit or refund allowed or made in respect of such tax. (f) Period of limitations The benefits of subsections (c), (d), and (e) shall be extended to the taxpayer if declare therefor is filed before the expiration of the period of limitations properly applicable thereto, or earlier than the expiration of six months after March 10, 1928, whichever date is the later. The advantages of subsection (d) shall also be extended to the taxpayer if claim therefor is filed earlier than the expiration of six months after the return of the proceeds. (Oct. 6, 1917, ch. 106, §24, as added Mar. four, 1923, ch. 285, §2, forty two Stat. 1516; amended Mar. 10, 1928, ch. 167, §18, forty five Stat. 276, 277; Mar. 28, 1934, ch. 102, title I, §1, forty eight Stat. 510; June 18, 1934, ch. 567, forty eight Stat. 978.) Editorial Notes References in Text This chapter, referred to in subsecs. (a) and (b), was within the unique “this Act” or “the Trading with the Enemy Act, as amended”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, known as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is assessed principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. Section 208 of the Revenue Act of 1926 (relating to capital internet gains), referred to in subsec. (c), is act Feb. 26, 1926, ch. 27, §208, 44 Stat. 19, which enacted part 939 of former Title 26, Internal Revenue, previous to repeal by act May 29, 1928, ch. 852, §63, forty five Stat. 810. See part 1201 et seq. of Title 26, Internal Revenue Code. Codification Section was previously classified to section 24 of the previous Appendix to this title previous to editorial reclassification and renumbering as this section. Prior Provisions Provisions similar to subsec. (a) of this section have been contained within the sundry civil appropriation act for the fiscal year 1919, act July 1, 1918, ch. 113, forty Stat. 646. Amendments 1934—Subsec. (a). Act Mar. 28, 1934, inserted provisions referring to recovery by enemies of deductions made by Alien Property Custodian for administrative expenses. Subsec. (b). Act June 18, 1934, provided that credit or refund of income or warfare profits erroneously collected might be allowed if claim was filed on or before Feb. 15, 1933. 1928—Subsecs. (b) to (f). Act Mar. 10, 1928, designated current provisions as subsec. (a) and added subsecs. (b) to (f). Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4322. Investments by Custodian in taking part certificates issued by Secretary of the Treasury; transfers to and funds from German, Austrian or Hungarian particular deposit accounts; allocation of funds (a) Authority to invest; limitation on quantity; credit score against investment (1) The Alien Property Custodian is allowed and directed to take a position, every so often upon the request of the Secretary of the Treasury, out of the funds held by the Alien Property Custodian or by the Treasurer of the United States for the Alien Property Custodian, an quantity not to exceed $40,000,000 within the aggregate, in one or more taking part certificates issued by the Secretary of the Treasury in accordance with the provisions of this section. (2) When in the case of any belief written consent under subsection (m) of section 4309 of this title has been filed, an quantity equal to the portion of such belief the return of which is temporarily postponed under such subsection shall be credited towards the investment made beneath paragraph (1) of this subsection. If the entire quantity so credited is in excess of the quantity invested under paragraph (1) of this subsection, the surplus shall be invested by the Alien Property Custodian in accordance with the provisions of this subsection, without regard to the $40,000,000 limitation in paragraph (1). If the quantity invested underneath paragraph (1) of this subsection is in extra of the total amount so credited, such extra shall, once in a while on request of the Alien Property Custodian, be paid to him out of the funds in the German special deposit account created by section four of the Settlement of War Claims Act of 1928, and such funds shall have priority over any payments therefrom aside from the funds underneath paragraph (1) of subsection (c) of such section (relating to expenses of administration). (b) Investments out of unallocated curiosity fund The Alien Property Custodian is permitted and directed to invest, in one or more participating certificates issued by the Secretary of the Treasury, out of the unallocated interest fund, as outlined in section 4325 of this title— (1) The sum of $25,000,000. If, after the allocation beneath section 4323 of this title has been made, the quantity of the unallocated interest fund allocated to the trust described in subsection (c) of such part is discovered to be in excess of $25,000,000, such extra shall be invested by the Alien Property Custodian in accordance with the provisions of this subsection. If the quantity so allotted is found to be less than $25,000,000 any taking part certificate or certificates that have been issued shall be corrected accordingly; and (2) The stability of such unallocated curiosity fund remaining after the investment provided for in paragraph (1) and the payment of allotted earnings in accordance with the provisions of subsection (b) of part 4323 of this title have been made. (c) Insufficiency of quantity; fee out of German special deposit account If the quantity of such unallocated curiosity fund, remaining after the investment required by paragraph (1) of subsection (b) of this part has been made, is insufficient to pay the allotted earnings in accordance with subsection (b) of part 4323 of this title, then the amount necessary to make up the deficiency shall be paid out of the funds in the German special deposit account created by part 4 of the Settlement of War Claims Act of 1928, and such cost shall have precedence over any payments therefrom other than the payments beneath paragraph (1) of subsection (c) of such section (relating to expenses of administration) and the funds underneath paragraph (2) of subsection (a) of this section. (d) Transfers of money and proceeds of property owned by the German Government The Alien Property Custodian is allowed and directed (after the payment of money owed beneath part 4309 of this title) to switch to the Secretary of the Treasury, for deposit in such special deposit account, all money and the proceeds of all property, including all revenue, dividends, interest, annuities, and earnings amassed in respect thereof, owned by the German Government or any member of the former ruling household. All money and other property shall be held to be owned by the German Government (1) if no claim thereto has been filed with the Alien Property Custodian previous to the expiration of three years from March 10, 1928, or (2) if any declare has been filed earlier than the expiration of such interval (whether before or after March 10, 1928), then if the possession thereof beneath any such claim isn’t established by a call of the Alien Property Custodian or by swimsuit in court docket instituted, beneath part 4309 of this title, inside one year after the choice of the Alien Property Custodian, or after March 10, 1928, whichever date is later. The quantities so transferred under this subsection shall be credited upon the final fee due the United States from the German Government on account of the awards of the Mixed Claims Commission. (e) Issuance of certificates The Secretary of the Treasury is allowed and directed to concern to the Alien Property Custodian, upon such phrases and situations and under such laws because the Secretary of the Treasury may prescribe, one or more taking part certificates, bearing interest payable yearly (as practically as may be) on the price of 5 per centum every year, as evidence of the investment by the Alien Property Custodian under subsection (a), and one or more non-interest bearing participating certificates, as proof of the funding by the Alien Property Custodian underneath subsection (b). All such certificates shall evidence a participating curiosity, in accordance with, and subject to the priorities of, the provisions of part four of the Settlement of War Claims Act of 1928, within the funds in the German particular deposit account created by such part, except that— (1) The United States shall assume no legal responsibility, directly or not directly, for the payment of any such certificates, or of the interest thereon, except out of funds in such special deposit account available therefor, and all such certificates shall so state on their face; and (2) Such certificates shall not be transferable, besides that the Alien Property Custodian may switch any such participating certificate evidencing the interest of a considerable variety of the owners of the money invested, to a trustee duly appointed by such owners. (f) Allocation of amounts amongst individuals filing written consents; cost Any quantity of principal or interest paid to the Alien Property Custodian in accordance with the provisions of subsection (c) of part 4 of the Settlement of War Claims Act of 1928 shall be allocated pro rata among the many individuals filing written consents under subsection (m) of section 4309 of this title, and the quantities so allotted shall be paid to such individuals. If any individual to whom any quantity is payable underneath this subsection has died (or if, within the case of a partnership, association, or different unincorporated physique of individuals, or a company, its existence has terminated), cost shall be made to the individuals determined by the Alien Property Custodian to be entitled thereto. (g) Transfers of money and proceeds of property owned by Austrian or Hungarian Governments The Alien Property Custodian is allowed and directed (after the cost of debts beneath part 4309 of this title) to switch to the Secretary of the Treasury, for deposit within the special deposit account (Austrian or Hungarian, because the case might be), created by part 7 of the Settlement of War Claims Act of 1928, all cash and the proceeds of all property, together with all earnings, dividends, interest, annuities, and earnings accumulated in respect thereof, owned by the Austrian Government or any company all the inventory of which was owned by or on behalf of the Austrian Government (including the property of the Imperial Royal Tobacco Monopoly, also identified beneath the name of K. K. Oesterreichische Tabak Regie), or owned by the Hungarian Government or by any company all the stock of which was owned by or on behalf of the Hungarian Government. (Oct. 6, 1917, ch. 106, §25, as added Mar. 10, 1928, ch. 167, §10, 45 Stat. 268; amended Feb. 21, 1929, ch. 291, forty five Stat. 1255; Mar. 10, 1930, ch. 75, §2, 46 Stat. 84.) Editorial Notes References in Text Section 4 of the Settlement of War Claims Act of 1928, referred to in subsecs. (a)(2), (c), (e), and (f), is section 4 of act Mar. 10, 1928, ch. 167, forty five Stat. 260, which is not classified to the Code. Section 7 of the Settlement of War Claims Act of 1928, referred to in subsec. (g), is section 7 of act Mar. 10, 1928, ch. 167, 45 Stat. 265, which isn’t categorised to the Code. Codification Section was formerly categorized to section 25 of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. Amendments 1930—Subsec. (d)(1). Act Mar. 10, 1930, substituted “three years” for “two years”. 1929—Subsec. (d)(1). Act Feb. 21, 1929, substituted “two years” for “one year”. Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4323. Allocation of “unallocated interest fund” (a) Allocation among trusts; foundation of allocation The Alien Property Custodian shall allocate among the varied trusts the funds in the “unallocated curiosity fund” (as defined in part 4325 of this title). Such allocation shall be primarily based upon the earnings (determined by the Secretary of the Treasury) on the whole quantities deposited under section 4312 of this title. (b) Payment to individuals entitled to distributions The Alien Property Custodian, when the allocation has been made, is authorized and directed to pay to every person entitled, in accordance with a last decision of a court of the United States or of the District of Columbia, or of an opinion of the Attorney General, to the distribution of any portion of such unallocated interest fund, the quantity allotted to his belief, except as offered in subsection (c) of this part. (c) Credit towards quantity invested in certificates In the case of persons entitled, underneath paragraph (12), (13), (14), or (16) of subsection (b) of section 4309 of this title, to such return, and within the case of persons who would be entitled to such return thereunder if all such cash or property had not been returned beneath paragraph (9) or (10) of such subsection, and in the case of individuals entitled to such return beneath subsection (n) of part 4309 of this title, an amount equal to the mixture amount allotted to their trusts shall be credited in opposition to the sum of $25,000,000 invested in collaborating certificates beneath paragraph (1) of subsection (b) of section 4322 of this title. If the aggregate quantity so allocated is in excess of $25,000,000, an quantity equal to the excess shall be invested in the same method. Upon the reimbursement of any of the quantities so invested, underneath the provisions of section four of the Settlement of War Claims Act of 1928, the amount so repaid shall be distributed pro rata amongst such individuals, however any receipts or releases given by them. (d) Availability of unallocated interest fund The unallocated curiosity fund shall be out there for carrying out the provisions of this section, including the bills of making the allocation. (Oct. 6, 1917, ch. 106, §26, as added Mar. 10, 1928, ch. 167, §15, 45 Stat. 273; amended June eleven, 1929, ch. 14, forty six Stat. 6.) Editorial Notes References in Text Section 4 of the Settlement of War Claims Act of 1928, referred to in subsec. (c), is section four of act Mar. 10, 1928, ch. 167, 45 Stat. 260, which is not classified to the Code. Codification Section was previously categorised to section 26 of the previous Appendix to this title previous to editorial reclassification and renumbering as this section. Amendments 1929—Subsec. (a). Act June eleven, 1929, struck out “common rate of” earlier than “earnings” in second sentence. Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4324. Return by Custodian, to United States, of funds underneath licenses, assignments or sales of patents The Alien Property Custodian is permitted and directed to return to the United States any consideration paid to him by the United States beneath any license, project, or sale by the Alien Property Custodian to the United States of any patent (or any right therein or claim thereto, and including an software therefor and any patent issued pursuant to any such application). (Oct. 6, 1917, ch. 106, §27, as added Mar. 10, 1928, ch. 167, §15, forty five Stat. 274.) Editorial Notes Codification Section was previously categorised to part 27 of the previous Appendix to this title previous to editorial reclassification and renumbering as this part. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees. §4325. “Unallocated curiosity fund” defined As used on this chapter, the time period “unallocated curiosity fund” means the sum of (1) the earnings and profits accumulated prior to March 4, 1923, and attributable to investments and reinvestments underneath part 4312 of this title by the Secretary of the Treasury, plus (2) the earnings and income amassed on or after March four, 1923, in respect of the earnings and income referred to in clause (1) of this section. (Oct. 6, 1917, ch. 106, §28, as added Mar. 10, 1928, ch. 167, §15, forty five Stat. 274.) Editorial Notes References in Text This chapter, referred to in textual content, was in the unique “this Act”, that means act Oct. 6, 1917, ch. 106, 40 Stat. 411, generally identified as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is classed principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was previously categorised to section 28 of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. §4326. Waiver by Custodian of demand for property; acceptance of less amount; approval of Attorney General (a) Waiver of demand for conveyance of property; acceptance of much less quantity Where the Alien Property Custodian has made demand or requirement for the conveyance, switch, assignment, delivery, or payment to him of any money or different property of any enemy or ally of enemy (whether or not go properly with or proceeding for the enforcement thereof has been begun and whether or not or not any judgment or decree in respect thereof has been made or entered) and the place the whole or any part of such cash or other property would, if conveyed, transferred, assigned, delivered, or paid to him, be returnable beneath any provision of this chapter, the Alien Property Custodian could, in his discretion, and on such phrases and circumstances as he could prescribe, waive such demand or requirement, or accept in full satisfaction of such demand, requirement, judgment, or decree, a less quantity than that demanded or required by him. (b) Approval of Attorney General; holding of quantity for investment The Alien Property Custodian shall not make any such waiver or compromise except with the approval of the Attorney General; nor (if any part of such money or property would be returnable only upon the submitting of the written consent required by subsection (m) of part 4309 of this title) until, after compliance with the terms and situations of such waiver or compromise, the Alien Property Custodian or the Treasurer of the United States will maintain (in respect of such enemy or ally of enemy) for investment as supplied in section 4322 of this title, an amount equal to twenty per centum of the sum of (1) the value of the money or other property held by the Alien Property Custodian or the Treasurer of the United States on the time of such waiver or compromise, plus (2) the worth of the money or different property to which the Alien Property Custodian could be entitled underneath such demand or requirement if the waiver or compromise had not been made. (c) Waiver of demand where property interest not vested prior to March 10, 1928 Where the Alien Property Custodian has made demand or requirement for the conveyance, switch, project, supply, or payment to him of any cash or different property of any enemy or ally of enemy (whether or not suit or continuing for the enforcement thereof has been begun and whether or not or not any judgment or decree in respect thereof has been made or entered) and the place the interest or proper of such enemy or ally of enemy in such cash or property has not, prior to March 10, 1928, vested in enjoyment, the Alien Property Custodian may, in his discretion, and on such terms and circumstances as he could prescribe, waive such demand and requirement, with out compliance with the requirements of subsection (b) of this section, however solely with the approval of the Attorney General. (d) Construction Nothing in this section shall be construed as requiring the Alien Property Custodian to make any waiver or compromise licensed by this part, and the Alien Property Custodian could proceed in respect of any demand or requirement referred to in subsection (a) or (c) as if this part had not been enacted. (e) Received property thought-about a half of belief All cash or different property received by the Alien Property Custodian as a end result of any action or continuing (whether begun before or after March 10, 1928, and whether or not for the enforcement of a demand or requirement as above specified) shall for the purposes of this chapter be thought of as forming a half of the belief in respect of which such action or continuing was introduced, and shall be subject to return in the same manner and upon the same situations as any other cash or property in such trust, except as in any other case supplied in subsection (b) of this part. (Oct. 6, 1917, ch. 106, §29, as added Mar. 10, 1928, ch. 167, §15, 45 Stat. 274.) Editorial Notes References in Text This chapter, referred to in subsecs. (a) and (e), was in the unique “this Act”, that means act Oct. 6, 1917, ch. 106, forty Stat. 411, known as the Trading with the enemy Act, also identified as the Trading with the Enemy Act, which is classified principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was formerly categorized to part 29 of the previous Appendix to this title prior to editorial reclassification and renumbering as this part. Executive Documents Transfer of Functions Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4327. Attachment or garnishment of funds or property held by Custodian Any cash or other property returnable under subsection (b) or (n) of part 4309 of this title shall, at any time prior to such return, be subject to attachment in accordance with the provisions of the code of law for the District of Columbia, as amended, regarding attachments in fits at law and to attachments for the enforcement of judgments at legislation and decrees in fairness, however any writ of attachment or garnishment issuing in any such go properly with, or for the enforcement of any judgment or decree, shall be served only upon the Alien Property Custodian, who shall for the needs of this section be thought of as holding credit in favor of the particular person entitled to such return to the extent of the value of the money or other property so returnable. Nothing in this part shall be construed as authorizing the taking of precise possession, by any officer of any court docket, of any cash or different property held by the Alien Property Custodian or by the Treasurer of the United States. (Oct. 6, 1917, ch. 106, §30, as added Mar. 10, 1928, ch. 167, §15, 45 Stat. 275.) Editorial Notes Codification Section was formerly categorised to section 30 of the previous Appendix to this title previous to editorial reclassification and renumbering as this section. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4328. “Member of the previous ruling household” outlined As used in this chapter, the term “member of the former ruling household” means (1) any one that was at any time between April 6, 1917, and July 2, 1921, the German Emperor or the ruler of any constituent kingdom of the German Empire, or (2) the spouse or any youngster of such person. (Oct. 6, 1917, ch. 106, §31, as added Mar. 10, 1928, ch. 167, §15, 45 Stat. 275.) Editorial Notes References in Text This chapter, referred to in textual content, was in the unique “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, often recognized as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was previously categorised to section 31 of the former Appendix to this title previous to editorial reclassification and renumbering as this part. §4329. Return of property (a) Conditions precedent The President, or such officer or agency as he may designate, might return any property or curiosity vested in or transferred to the Alien Property Custodian (other than any property or curiosity acquired by the United States previous to December 18, 1941), or the net proceeds thereof, each time the President or such officer or agency shall determine— (1) that the one who has filed a notice of claim for return, in such type because the President or such officer or company may prescribe, was the proprietor of such property or interest immediately prior to its vesting in or switch to the Alien Property Custodian, or is the authorized consultant (whether or not appointed by a court in the United States), or successor in curiosity by inheritance, devise, bequest, or operation of law, of such owner; and (2) that such owner, and legal consultant or successor in interest, if any, are not— (A) the Government of Germany, Japan, Bulgaria, Hungary, or Rumania; or (B) a corporation or association organized beneath the legal guidelines of such nation: Provided, That any property or interest or proceeds which, but for the provisions of this subdivision (B), could be returned beneath this section to any such corporation or affiliation, could additionally be returned to the owner or owners of all of the stock of such company or of all the proprietary and beneficial curiosity in such association, if their ownership of such inventory or proprietary and helpful curiosity existed immediately prior to vesting in or switch to the Alien Property Custodian and constantly thereafter to the date of such return (without regard to purported divestments or limitations of such possession by any authorities referred to in subdivision (A) hereof) and if such possession was by one or more citizens of the United States or by one or more firms organized underneath the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia: Provided additional, That such owner or house owners shall succeed to these obligations limited in aggregate amount to the worth of such property or curiosity or proceeds, which are lawfully assertible in opposition to the corporation or affiliation by individuals not ineligible to receive a return under this section; or (C) an individual voluntarily resident at any time since December 7, 1941, within the territory of such nation, aside from a citizen of the United States or a diplomatic or consular officer of Italy or of any nation with which the United States has not at any time since December 7, 1941, been at struggle: Provided, That a person who, whereas in the territory of a nation with which the United States has at any time since December 7, 1941, been at struggle, was deprived of life or substantially disadvantaged of liberty pursuant to any law, decree, or regulation of such nation discriminating towards political, racial, or religious teams, shall not be deemed to have voluntarily resided in such territory; or (D) a person who was at any time after December 7, 1941, a citizen or subject of Germany, Japan, Bulgaria, Hungary, or Rumania, and who on or after December 7, 1941, and prior to March 8, 1946, was present (other than in the service of the United States) within the territory of such nation or in any territory occupied by the military or naval forces thereof or engaged in any business in any such territory: Provided, That however the provisions of this subdivision (D) return may be made to a person who, as a consequence of any legislation, decree, or regulation of the nation of which he was then a citizen or subject, discriminating towards political, racial, or non secular groups, has at no time between December 7, 1941, and the time when such regulation, decree, or regulation was abrogated, loved full rights of citizenship beneath the legislation of such nation: And provided additional, That, notwithstanding the provisions of subdivision (C) hereof and of this subdivision (D), return could also be made to a person who always since December 7, 1941, was a citizen of the United States, or to a person who, having misplaced United States citizenship solely by purpose of marriage to a citizen or topic of a overseas country, reacquired such citizenship previous to September 29, 1950, if such individual would have been a citizen of the United States at all times since December 7, 1941, however for such marriage: And supplied additional, That the aggregate book worth of returns made pursuant to the foregoing proviso shall not exceed $9,000,000; and any return underneath such proviso could additionally be made if the e-book worth of any such return, taken along with the combination guide worth of returns already made under such proviso does not exceed $9,000,000; and for the needs of this proviso the term “guide value” means the worth, as of the time of vesting, entered on the books of the Alien Property Custodian for the aim of accounting for the property or interest concerned; or (E) a foreign corporation or affiliation which at any time after December 7, 1941, was managed or 50 per centum or extra of the inventory of which was owned by any individual or individuals ineligible to obtain a return under subdivisions (A), (B), (C), or (D) hereof: Provided, That however the provisions of this subdivision (E), return could also be made to a company or affiliation so controlled or owned, if such corporation or association was organized underneath the legal guidelines of a nation any of whose territory was occupied by the army or naval forces of any nation with which the United States has at any time since December 7, 1941, been at struggle, and if such management or possession arose after March 1, 1938, as an incident to such occupation and was terminated prior to March 8, 1946; and (3) that the property or interest claimed, or the online proceeds of that are claimed, was not at any time after September 1, 1939, held or used, by or with the assent of the one that was the owner thereof immediately previous to vesting in or switch to the Alien Property Custodian, pursuant to any association to conceal any property or curiosity within the United States of any individual ineligible to receive a return underneath subsection (a)(2) hereof; (4) that the Alien Property Custodian has no precise or potential liability underneath the Renegotiation Act or the Act of October 31, 1942 (56 Stat. 1013), in respect of the property or interest or proceeds to be returned and that the claimant and his predecessor in curiosity, if any, have no precise or potential legal responsibility of any type beneath the Renegotiation Act or the said Act of October 31, 1942; or in the alternative that the claimant has offered safety or undertakings sufficient to guarantee satisfaction of all such liabilities or that property or interest or proceeds to be retained by the Alien Property Custodian are sufficient therefor; and (5) that such return is within the interest of the United States. (b) Extension of filing time limitation for redetermination of extreme earnings Notwithstanding the limitation prescribed within the Renegotiation Act upon the time inside which petitions could also be filed in The Tax Court of the United States,1 any person to whom any property or curiosity or proceeds are returned hereunder shall, for a period of ninety days (not counting Sunday or a authorized holiday in the District of Columbia as the final day) following return, have the best to file such a petition for a redetermination in respect of any last order of the Renegotiation Board2 figuring out excessive profits, made towards the Alien Property Custodian, or of any dedication, not embodied in an agreement, of extreme earnings, so made by or on behalf of a Secretary. (c) Inventions Any individual to whom any invention, whether patented or unpatented, or any proper or interest therein is returned hereunder shall be sure by any notice or order issued or agreement made pursuant to the Act of October 31, 1942 (56 Stat. 1013), in respect of such invention or right or interest, and such individual to whom a licensor’s curiosity is returned shall have all rights assertible by a licensor pursuant to section 2 of the mentioned Act. (d) Rights and duties Except as in any other case offered herein, and besides to the extent that the President or such officer or agency as he may designate could in any other case decide, any individual to whom return is made hereunder shall have all rights, privileges, and obligations in respect to the property or curiosity returned or the proceeds of that are returned which might have existed if the property or interest had not vested in the Alien Property Custodian, however no reason for action shall accrue to such person in respect of any deduction or retention of any part of the property or interest or proceeds by the Alien Property Custodian for the aim of paying taxes, prices, or bills in connection with such property or interest or proceeds: Provided, That besides as supplied in subsections (b) and (c) hereof, no individual to whom a return is made pursuant to this section, nor the successor in curiosity of such particular person, shall acquire or have any declare or right of action towards the United States or any division, institution or company thereof, or corporation owned thereby, or towards any individual approved or licensed by the United States, founded upon the retention, sale, or other disposition, or use, in the course of the period it was vested within the Alien Property Custodian, of the returned property, curiosity, or proceeds. Any discover to the Alien Property Custodian in respect of any property or interest or proceeds shall represent notice to the particular person to whom such property or curiosity or proceeds is returned and such individual shall succeed to all burdens and obligations in respect of such property or curiosity or proceeds which accrued during the time of retention by the Alien Property Custodian, but the period during which the property or interest or proceeds returned were vested in the Alien Property Custodian shall not be included for the aim of determining the appliance of any statute of limitations to the assertion of any rights by such individual in respect of such property or interest or proceeds. (e) Legal proceeding unaffected No return hereunder shall bar the prosecution of any suit at legislation or in equity against an individual to whom return has been made, to establish any right, title, or curiosity, which can exist or which may have existed at the time of vesting, in or to the property or interest returned, but no such go nicely with could additionally be prosecuted by any particular person ineligible to obtain a return beneath subsection (a)(2) hereof. With respect to any such suit, the period throughout which the property or curiosity or proceeds returned were vested in the Alien Property Custodian shall not be included for the aim of determining the application of any statute of limitations. (f) Notice of intention At least thirty days earlier than making any return to any particular person apart from a resident of the United States or a corporation organized under the legal guidelines of the United States, or any State, Territory, or possession thereof, or the District of Columbia, the President or such officer or agency as he could designate shall publish within the Federal Register a notice of intention to make such return, specifying therein the individual to whom return is to be made and the place the place the property or curiosity or proceeds to be returned are located. Publication of a discover of intention to return shall confer no proper of action upon any person to compel the return of any such property or interest or proceeds, and such notice of intention to return could also be revoked by acceptable discover within the Federal Register. After publication of such discover of intention and previous to revocation thereof, the property or curiosity or proceeds specified shall be subject to attachment at the swimsuit of any citizen or resident of the United States or any corporation organized under the legal guidelines of the United States, or any State, Territory, or possession thereof, or the District of Columbia, in the identical method as property of the person to whom return is to be made: Provided, That notice of any writ of attachment which may problem prior to return shall be served upon the Alien Property Custodian. Any such attachment continuing shall be subject to the provisions of legislation relating to limitation of actions relevant to actions at law within the jurisdiction by which such continuing is introduced, but the period throughout which the property or interest or proceeds have been vested in the Alien Property Custodian shall not be included for the purpose of figuring out the interval of limitation. No officer of any courtroom shall take actual possession, with out the consent of the Alien Property Custodian, of any property or interest or proceeds so attached, and publication of a notice of revocation of intention to return shall invalidate any attachment with respect to the desired property or interest or proceeds, but if there is no such revocation, the President or such officer or agency as he might designate shall accord full effect to any such attachment in returning any such property or curiosity or proceeds. (g) Payment of expenses of Custodian Without limitation by or upon some other current provision of legislation with respect to the payment of expenses by the Alien Property Custodian, the Custodian might retain or get well from any property or curiosity or proceeds returned pursuant to this part or section 4309(a) of this title an quantity not exceeding that expended or incurred by him for the conservation, preservation, or maintenance of such property or interest or proceeds, or other property or curiosity or proceeds returned to the identical person. (h) Designation of successor organizations to obtain heirless property; time for software; payment of funds: time, allocation, claims barred by acceptance and circumstances The President could designate a number of organizations as successors in interest to deceased individuals who, if alive, would be eligible to receive returns under the provisos of subdivision (C) or (D) of subsection (a)(2) thereof.3 In the case of any organization not so designated before the date of enactment of this modification, such organization may be so designated only if it applies for such designation inside three months after such date of enactment. The President, or such officer as he could designate, shall, earlier than the expiration of the one-year period which begins on the date of enactment of this amendment, pay out of the War Claims Fund to organizations designated before or after the date of enactment of this modification pursuant to this subsection the sum of $500,000. If there could be a couple of such designated group, such sum shall be allotted among such organizations in the proportions in which the proceeds of heirless property have been distributed, pursuant to agreements to which the United States was a celebration, by the Intergovernmental Committee for Refugees and successor organizations thereto. Acceptance of payment pursuant to this subsection by any such organization shall represent a full and complete discharge of all claims filed by such organization pursuant to this part, as it existed earlier than the date of enactment of this modification. No cost could also be made to any organization designated underneath this part until it has given agency and accountable assurances accredited by the President that (1) the payment shall be used on the idea of want within the rehabilitation and settlement of persons within the United States who suffered substantial deprivation of liberty or failed to enjoy the full rights of citizenship throughout the which means of subdivisions (C) and (D) of subsection (a)(2) of this part; (2) it’s going to make to the President, with a replica to be furnished to the Congress, such stories (including an in depth annual report on the use of the fee made to it) and allow such examination of its books as the President, or such officer or company as he may designate, could every so often require; and (3) it will not use any part of such payment for legal fees, salaries, or other administrative bills linked with the submitting of claims for such fee or for the restoration of any property or curiosity under this section. As used on this subsection, “group” means solely a nonprofit charitable company included on or earlier than January 1, 1950, underneath the laws of any State of the United States or of the District of Columbia with the power to sue and be sued. (Oct. 6, 1917, ch. 106, §32 as added Dec. 18, 1941, ch. 593, title III, §304, as added Mar. 8, 1946, ch. 83, §1, 60 Stat. 50; amended Aug. eight, 1946, ch. 878, §2, 60 Stat. 930; Aug. 5, 1947, ch. 499, §2, 61 Stat. 784; Sept. 29, 1950, ch. 1108, §1, 64 Stat. 1080; Mar. 23, 1951, ch. 15, title II, §201(a), (b), 65 Stat. 23; June 6, 1952, ch. 372, sixty six Stat. 129; Aug. 23, 1954, ch. 830, §1, sixty eight Stat. 767; Pub. L. 87–846, title II, §204(a), Oct. 22, 1962, seventy six Stat. 1114.) Editorial Notes References in Text The Renegotiation Act, referred to in subsecs. (a)(4) and (b), is act Apr. 28, 1942, ch. 247, title IV, §403, 56 Stat. 245, which was formerly categorized to part 1191 of the former Appendix to this title previous to omission from the Code. Act of October 31, 1942 (56 Stat. 1013), referred to in subsecs. (a)(4) and (c), is act Oct. 31, 1942, ch. 634, 56 Stat. 1013, which was previously classified to sections 89 to ninety six of former Title 35, Patents, previous to the final revision and enactment of Title 35, Patents, by act July 19, 1952, ch. 950, §1, 66 Stat. 792. Section 2 of the Act was previously categorised to section ninety of former Title 35. Date of enactment of this modification, referred to in subsec. (h), probably means the date of enactment of Pub. L. 87–846, which was approved Oct. 22, 1962. Codification Section was formerly classified to section 32 of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. Prior to classification as section 32, section was formerly categorized to part 619 of the previous Appendix to this title. Amendments 1962—Subsec. (h). Pub. L. 87–846 permitted utility for designation as successor organization to be made within three months after Oct. 22, 1962, required funds in sum of $500,000 to be made from the War Claims Fund before expiration of one 12 months from Oct. 22, 1962, provided for allocation of funds to a number of successor organizations and acceptance of funds as discharge of all claims, and eliminated provisions deeming a successor organization as successor in interest by operation of regulation, respecting time for making return to such organizations, limiting the return to $3,000,000, requiring submitting of notice of claim earlier than expiration of one year from Aug. 23, 1954, for transfer of property to eligible individuals, and declaring that filing of discover of declare would not bar fee of debt claims under section 4331 of this title. 1954—Subsec. (h). Act Aug. 23, 1954, added subsec. (h). 1952—Subsec. (a)(2)(D). Act June 6, 1952, increased from $5,000,000 to $9,000,000 the limitation on quantity of property which may be returned to nationals. 1950—Subsec. (a)(2)(D). Act Sept. 29, 1950, clarified authority of Alien Property Custodian to return vested property to an individual who possessed American citizenship at all times since Dec. 7, 1941, regardless of concurrent enemy citizenship and residence in enemy territory, and approved return of vested property to American girls who misplaced their citizenship solely due to marriage, and who’ve reacquired their citizenship previous to Sept. 29, 1950. 1947—Subsec. (a)(2). Act Aug. 5, 1947, supplied that returns shall not be made to any proprietor, authorized consultant, or successor in curiosity, of the Governments of Germany, Japan, Rumania, Bulgaria, or Hungary; or to corporations or associations organized under the legal guidelines of such countries; or to an individual voluntarily resident in such international locations at any time since Dec. 7, 1941; or to a person who was at any time after Dec. 7, 1941, a citizen or subject of such country and current within the territory of such nation. 1946—Subsec. (a)(2)(C), (D). Act Aug. 8, 1946, inserted provisos in subdivs. (C) and (D). Statutory Notes and Related Subsidiaries Change of Name Tax Court of the United States redesignated United States Tax Court pursuant to Pub. L. 91–172, title IX, §951, Dec. 30, 1969, eighty three Stat. 730. See part 7441 of Title 26, Internal Revenue Code. Transfer of Functions Renegotiation Board terminated and all property, together with data, of Board transferred to Administrator of General Services on Mar. 31, 1979, pursuant to Pub. L. 95–431, title V, §501, Oct. 10, 1978, 92 Stat. 1043. Purpose of Act August 5, 1947 Act Aug. 5, 1947, ch. 499, sixty one Stat. 784, provided partly: “Whereas article 79 of the Treaty of Peace with Italy, signed at Paris on February 10, 1947, grants to the Allied and Associated Powers the best to grab and retain ‘all property rights and interests which on the coming into force of the current treaty are inside its territory and belong to Italy or to Italian nationals, and to use such property or the proceeds thereof to such functions as it could need, throughout the limits of its claims and people of its nationals in opposition to Italy or Italian nationals, together with debts, apart from claims absolutely satisfied beneath different articles of the current treaty’ and additional provides that ‘All Italian property, or the proceeds thereof, in extra of the quantity of such claims, shall be returned’; and “Whereas, pursuant to article 79 of the treaty of peace, negotiations have been entered into between the Governments of the United States and of Italy wanting towards an agreement beneath which, upon the return of property, formerly Italian, in the United States, Italy will place at the disposal of the United States funds to be used in assembly certain claims of nationals of the United States; and “Whereas, for the aim of finishing up such settlement, it is fascinating to authorize, in accordance with the procedures supplied for in part 32 of the Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended [50 U.S.C. 4329], return to Italy or residents or topics of Italy, or companies or associations organized underneath the legal guidelines of Italy, of property vested in or transferred to the United States or its agencies; and “Whereas, for the aim of aiding the revival of the Italian economic system and establishing it on a self-sustaining basis, it’s fascinating that there be returned or transferred to Italy these Italian vessels acquired by the United States after December 7, 1941, to be used within the warfare effort and now owned by the United States and vessels of a complete tonnage roughly equal to the tonnage of those Italian vessels seized by the United States after September 1, 1939, and misplaced while being employed within the United States warfare effort”. Return of Italian Property Act Aug. 5, 1947, ch. 499, §1, sixty one Stat. 784, offered: “That the President, or such officer or company as he might designate, is hereby licensed to return, in accordance with the procedures offered for in section 32 of the Trading With the Enemy Act, as amended [50 U.S.C. 4329], any property or interest, or the online proceeds thereof, which has been, since December 18, 1941, vested in or transferred to any officer or company of the United States pursuant to the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], and which immediately previous to such vesting or switch was the property or curiosity of Italy or a citizen or topic of Italy, or a corporation or association organized under the legal guidelines of Italy.” Transfer of Vessels to Italian Government Act Aug. 5, 1947, ch. 499, §4, sixty one Stat. 786, provided: “The President is authorized upon such terms as he deems necessary (a) to transfer to the Government of Italy all vessels which had been under Italian registry and flag on September 1, 1939, and were thereafter acquired by the United States and are now owned by the United States; and (b) with respect to any vessel under Italian registry and flag on September 1, 1939, and subsequently seized in United States ports and thereafter misplaced whereas being employed within the United States warfare effort, to transfer to the Government of Italy surplus merchant vessels of the United States of a complete tonnage roughly equal to the entire tonnage of the Italian vessels lost: Provided, That no financial compensation shall be paid both for the use by the United States or its companies of former Italian vessels so acquired or seized or for the return or switch of such vessels or substitute vessels.” Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees. §4330. Notice of declare; establishment of suits; computation of time No return may be made pursuant to section 4309 or 4329 of this title unless discover of declare has been filed: (a) within the case of any property or interest acquired by the United States prior to December 18, 1941, by August 9, 1948; or (b) within the case of any property or curiosity acquired by the United States on or after December 18, 1941, not later than one yr from February 9, 1954, or two years from the vesting of the property or interest in respect of which the claim is made, whichever is later. No swimsuit pursuant to section 4309 of this title may be instituted after April 30, 1949, or after the expiration of two years from the date of the seizure by or vesting within the Alien Property Custodian, as the case may be, of the property or interest in respect of which relief is sought, whichever is later, however in computing such two years there shall be excluded any period throughout which there was pending a suit or declare for return pursuant to part 4309 or 4329(a) of this title. (Oct. 6, 1917, ch. 106, §33, as added Dec. 18, 1941, ch. 593, title III, §305, as added Aug. eight, 1946, ch. 878, §1, 60 Stat. 925; amended Aug. 5, 1947, ch. 499, §3, 61 Stat. 786; July 1, 1948, ch. 794, 62 Stat. 1218; Feb. 9, 1954, ch. 4, sixty eight Stat. 7; Aug. 23, 1954, ch. 830, §2, 68 Stat. 768; Pub. L. 87–846, title II, §204(b), Oct. 22, 1962, seventy six Stat. 1115.) Editorial Notes Codification Section was previously categorised to part 33 of the former Appendix to this title previous to editorial reclassification and renumbering as this part. Prior to classification as section 33, section was previously categorised to part 620 of the previous Appendix to this title. Amendments 1962—Pub. L. 87–846 struck out earlier than period at finish of first sentence “; except that return could additionally be made to successor organizations designated pursuant to part 4329(h) of this title if discover of declare is filed before the expiration of 1 year from the efficient date of this Act”. 1954—Act Aug. 23, 1954, inserted earlier than interval at end of first sentence “; besides that return could additionally be made to successor organizations designated pursuant to section 4329(h) of this title if discover of declare is filed before the expiration of 1 yr from the efficient date of this Act”. Act Feb. 9, 1954, substituted “not later than one yr from February 9, 1954” for “by April 30, 1949” in first sentence. 1948—Act July 1, 1948, amended section usually, extending time for filing claims underneath section 4309 or 4329 of this title. 1947—Act Aug. 5, 1947, provided that notice of sure claims could be filed by Aug. 8, 1948, or that Italian discover of claim could presumably be filed by July 31, 1949. Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees. §4331. Payment of money owed (a) Claims allowable; defenses Any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States previous to December 18, 1941), or the online proceeds thereof, shall be equitably applied by the Custodian in accordance with the provisions of this section to the payment of debts owed by the person who owned such property or curiosity immediately previous to its vesting in or switch to the Alien Property Custodian. No debt declare shall be allowed underneath this section if it was not due and owing at the time of such vesting or switch, or if it arose from any action or transactions prohibited by or pursuant to this chapter and not licensed or otherwise authorized pursuant thereto, or (except within the case of debt claims acquired by the Custodian) if it was on the time of such vesting or transfer due and owing to any person who has because the beginning of the warfare been convicted of violation of this chapter, as amended, sections 1 to six of the Criminal Code, title I of the Act of June 15, 1917 (ch. 30, forty Stat. 217), as amended; the Act of April 20, 1918 (ch. fifty nine, forty Stat. 534), as amended; the Act of June 8, (ch. 327, 52 Stat. 631), as amended; the Act of January 12, 1938 (ch. 2, fifty two Stat. 3); title I, Alien Registration Act, 1940 (ch. 439, fifty four Stat. 670); the Act of October 17, 1940 (ch. 897, 54 Stat. 1201); or the Act of June 25, 1942 (ch. 447, 56 Stat. 390). Any protection to the cost of such claims which would have been available to the debtor shall be obtainable to the Custodian, besides that the interval from and after the beginning of the struggle shall not be included for the purpose of determining the appliance of any statute of limitations. Debt claims allowable hereunder shall include only those of residents of the United States or of the Philippine Islands; these of corporations organized beneath the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia or the Philippine Islands; these of different natural persons who’re and have been since the starting of the war residents of the United States and who have not during the warfare been interned or paroled pursuant to the Alien Enemy Act; and those acquired by the Custodian. Legal representatives (whether or not appointed by a courtroom in the United States) or successors in curiosity by inheritance, devise, bequest, or operation of legislation or debt claimants, apart from individuals who would themselves be disqualified hereunder from allowance of a debt claim, shall be eligible for payment to the same extent as their principals or predecessors would have been. (b) Time restrict for submitting claims; extension; discover The Custodian shall repair a date or dates after which the submitting of debt claims in respect of any or all debtors shall be barred, and should lengthen the time so mounted, and shall give no less than sixty days’ discover thereof by publication within the Federal Register. In no event shall the time lengthen past the expiration of two years from the date of the last vesting in or switch to the Custodian of any property or interest of a debtor in respect of whose debts the date is fastened, or from August 8, 1946, whichever is later. No debt shall be paid prior to the expiration of 100 and twenty days after publication of the primary such notice in respect of the debtor, nor in any event shall any cost of a debt claim be made out of any property or curiosity or proceeds in respect of which a go well with or proceeding pursuant to this chapter for return is pending and was instituted previous to the expiration of such 100 and twenty days. (c) Examination of claims The Custodian shall study the claims, and such proof in respect thereof as could also be offered to him or as he could introduce into the record, and shall make a willpower, with respect to each claim, of allowance or disallowance, in complete or in part. (d) Funds for debt payments Payment of debt claims shall be made solely out of such money included in, or acquired as net proceeds from the sale, use, or different disposition of, any property or interest owned by the debtor immediately prior to its vesting in or switch to the Alien Property Custodian, as shall remain after deduction of (1) the amount of the expenses of the Office of Alien Property Custodian (including both bills in reference to such property or curiosity or proceeds thereof, and such portion as the Custodian shall repair of the opposite expenses of the Office of Alien Property Custodian), and of taxes, as outlined in part 4333 of this title, paid by the Custodian in respect of such property or interest or proceeds, and (2) such amount, if any, because the Custodian could establish as a cash reserve for the long run cost of such expenses and taxes. If the money out there hereunder for the cost of debt claims towards the debtor is insufficient for the satisfaction of all claims allowed by the Custodian, ratable funds shall be made in accordance with subsection (g) hereof to the extent permitted by the cash obtainable and extra payments shall be made each time the Custodian shall determine that substantial additional cash has become obtainable, by way of liquidation of any such property or interest or in any other case. The Custodian shall not be required by way of any judgment of any courtroom, levy of execution, or in any other case to promote or liquidate any property or interest vested in or transferred to him, for the aim of paying or satisfying any debt declare. (e) Amount payable; disallowance; discover; evaluate; additional proof; judgment If the combination of debt claims filed as prescribed doesn’t exceed the cash from which, in accordance with subsection (d) of this part, cost could additionally be made, the Custodian shall pay every declare to the extent allowed, and shall serve by registered mail, on each claimant whose declare is disallowed in complete or partly, a notice of such disallowance. Within sixty days after the date of mailing of the Custodian’s determination, any debt claimant whose declare has been disallowed in whole or partly might file within the United States District Court for the District of Columbia a criticism for evaluation of such disallowance naming the Custodian as defendant. Such grievance shall be served on the Custodian. The Custodian, within forty-five days after service on him, shall certify and file in stated court docket a transcript of the report of proceedings within the Office of Alien Property Custodian with respect to the declare in query. Upon good trigger shown such time may be prolonged by the courtroom. Such report shall include the declare as filed, such evidence with respect thereto as could have been offered to the Custodian or launched into the document by him, and the determination of the Custodian with respect thereto, including any findings made by him. The courtroom may, in its discretion, take further proof, upon a showing that such evidence was provided to and excluded by the Custodian, or couldn’t moderately have been adduced before him or was not obtainable to him. The court shall enter judgment affirming, modifying, or reversing the Custodian’s willpower, and directing cost in the amount, if any, which it finds due. (f) Pro rata funds; discover; review; additional evidence; intervention; judgment If the mixture of debt claims filed as prescribed exceeds the money from which, in accordance with subsection (d) hereof, payment may be made, the Custodian shall prepare and serve by registered mail on all claimants a schedule of all debt claims allowed and the proposed fee to each claimant. In getting ready such schedule, the Custodian shall assign priorities in accordance with the provisions of subsection (g) hereof. Within sixty days after the date of mailing of such schedule, any claimant considering himself aggrieved could file in the United States District Court for the District of Columbia a grievance for review of such schedule, naming the Custodian as defendant. A copy of such grievance shall be served upon the Custodian and on every claimant named in the schedule. The Custodian, inside forty-five days after service on him, shall certify and file in said court a transcript of the document of proceedings in the Office of Alien Property Custodian with respect to such schedule. Upon good cause proven such time may be extended by the court docket. Such record shall embrace the claims in query as filed, such evidence with respect thereto as might have been offered to the Custodian or launched into the document by him, any findings or different determinations made by the Custodian with respect thereto, and the schedule prepared by the Custodian. The court docket might, in its discretion, take extra evidence, upon a displaying that such proof was offered to and excluded by the Custodian or could not moderately have been adduced earlier than him or was not obtainable to him. Any involved debt claimant who has filed a declare with the Custodian pursuant to this section, upon timely application to the court docket, shall be permitted to intervene in such evaluation proceedings. The courtroom shall enter judgment affirming or modifying the schedule as ready by the Custodian and directing fee, if any be discovered due, pursuant to the schedule as affirmed or modified and to the extent of the money from which, in accordance with subsection (d) hereof, payment may be made. Pending the choice of the courtroom on such grievance for review, and pending final dedication of any appeal from such choice, fee could additionally be made only to an extent, if any, according to the contentions of all claimants for evaluate. (g) Priority of claims Debt claims shall be paid in the following order of priority: (1) Wage and wage claims, to not exceed $600; (2) claims entitled to precedence underneath sections 3713(a) and 9309 of title 31, except as supplied in subsection (h) hereof, (3) all different claims for services rendered, for bills incurred in connection with such services, for lease, for goods and supplies delivered to the debtor, and for payments made to the debtor for items or services not acquired by the claimant; (4) all other debt claims. No fee shall be made to claimants within a subordinate class unless the money from which, in accordance with subsection (d) hereof, cost may be made permits fee in filled with all allowed claims in every prior class. (h) Priority as debt due United States No debt of any type shall be entitled to priority underneath any law of the United States or any State, Territory, or possession thereof, or the District of Columbia, solely by reason of changing into a debt due or owing to the United States on account of its acquisition by the Alien Property Custodian. (i) Exclusiveness of relief The sole relief and treatment out there to any particular person in search of satisfaction of a debt claim out of any property or interest which shall have been vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States previous to December 18, 1941), or the proceeds thereof, shall be the reduction and treatment supplied on this section, and suits for the satisfaction of debt claims shall not be instituted, prosecuted, or further maintained except in conformity with this section: Provided, That no individual asserting any interest, right, or title in any property or curiosity or proceeds acquired by the Alien Property Custodian, shall be barred from continuing pursuant to this chapter for the return thereof, by cause of any proceeding which he might have brought pursuant to this section; nor shall any safety interest asserted by the creditor in any such property or interest or proceeds be deemed to have been waived solely by reason of such proceeding. The Alien Property Custodian shall deal with all debt claims now filed with him as claims filed pursuant to this part. Nothing contained in this section shall bar any particular person from the prosecution of any suit at law or in equity against the unique debtor or against any other one who may be responsible for the payment of any debt for which a claim might have been filed hereunder. No purchaser, lessee, licensee, or other transferee of any property or interest from the Alien Property Custodian shall, solely by cause of such buy, lease, license, or switch, turn out to be answerable for the cost of any debt owed by the person who owned such property or curiosity prior to its vesting in or switch to the Alien Property Custodian. Payment by the Alien Property Custodian to any debt claimant shall represent, to the extent of fee, a discharge of the indebtedness represented by the claim. (Oct. 6, 1917, ch. 106, §34, as added Dec. 18, 1941, ch. 593, title III, §305, as added Aug. eight, 1946, ch. 878, §1, 60 Stat. 925; amended June 25, 1948, ch. 646, §32(a), sixty two Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.) Editorial Notes References in Text This chapter, referred to in subsecs. (a), (b), and (i), was within the original “this Act”, which means act Oct. 6, 1917, ch. 106, forty Stat. 411, often recognized as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is assessed principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. Sections 1 to six of the Criminal Code, referred to in subsec. (a), are sections 1 to six of act Mar. 4, 1909, ch. 321, 35 Stat. 1088, which had been classified to sections 1 to six of former Title 18, Criminal Code and Criminal Procedure, previous to repeal and reenactment as sections 953 and 2381 to 2384 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §21, sixty two Stat. 862. Title I of act of June 15, 1917 (ch. 30, forty Stat. 217), referred to in subsec. (a), is title I of act June 15, 1917, ch. 30, 40 Stat. 217, which was categorised to sections 31 to 38 of this title, previous to repeal by act June 25, 1948, ch. 645, §21, sixty two Stat. 862, and reenactment as sections 792 to 794 and 2388 of Title 18, Crimes and Criminal Procedure. Act of April 20, 1918 (ch. 59, 40 Stat. 534), referred to in subsec. (a), is act Apr. 20, 1918, ch. 59, forty Stat. 534, which was classified to sections a hundred and one to 106 of this title, prior to repeal by act June 25, 1948, ch. 645, §21, 62 Stat. 862, and reenactment as sections 2151 and 2153 to 2156 of Title 18, Crimes and Criminal Procedure. Act of June 8, 1934 (ch. 327, 52 Stat. 631), referred to in subsec. (a), most likely means act June 8, 1938, ch. 327, 52 Stat. 631, known as the Foreign Agents Registration Act of 1938, which is classified usually to subchapter II (§611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For full classification of this Act to the Code, see Short Title notice set out beneath part 611 of Title 22 and Tables. Act January 12, 1938 (ch. 2, fifty two Stat. 3), referred to in subsec. (a), is act Jan. 12, 1938, ch. 2, 52 Stat. three, which was categorized to sections forty five to 45d of this title, prior to repeal by act June 25, 1948, ch. 645, §21, sixty two Stat. 862, and reenactment as sections 791 and 795 to 797 of Title 18, Crimes and Criminal Procedure. Title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670), referred to in subsec. (a), is title I of act June 28, 1940, ch. 439, fifty four Stat. 670, which was categorized to sections 9 to thirteen of former Title 18, Criminal Code and Criminal Procedure, previous to repeal and reenactment as sections 2385 and 2387 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §21, 62 Stat. 862. Act October 17, 1940 (ch. 897, fifty four Stat. 1201), referred to in subsec. (a), is act Oct. 17, 1940, ch. 897, 54 Stat. 1201, which was classified to sections 14 to 17 of former Title 18, Criminal Code and Criminal Procedure, prior to repeal and reenactment as section 2386 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §21, sixty two Stat. 862. Act of June 25, 1942 (ch. 447, 56 Stat. 390), referred to in subsec. (a), is act June 25, 1942, ch. 447, 56 Stat. 390, as amended, which was categorised to sections 781 to 785 of the previous Appendix to this title and was omitted from the Code as terminated. The Alien Enemy Act, referred to in subsec. (a), probably means sections 4067 to 4070 of the Revised Statutes, which are categorized to sections 21 to 24 of this title. Codification In subsec. (g), “sections 3713(a) and 9309 of title 31” substituted for “sections 191 and 193 of title 31 of the United States Code” on authority of Pub. L. 97–258, §4(b), Sept. thirteen, 1982, 96 Stat. 1067, the primary part of which enacted Title 31, Money and Finance. Section was formerly categorised to part 34 of the former Appendix to this title previous to editorial reclassification and renumbering as this section. Prior to classification as part 34, part was previously categorized to section 620 of the previous Appendix to this title. Statutory Notes and Related Subsidiaries Change of Name In subsecs. (e) and (f), “United States District Court for the District of Columbia” substituted for “the district court docket of the United States for the District of Columbia” on authority of act June 25, 1948, as amended by act May 24, 1949. Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4332. Hearings on claims; guidelines and rules; delegation of powers The officer or company empowered to entertain claims underneath sections 4309(a), 4329, and 4331 of this title shall have energy to carry such hearings as may be deemed needed; to prescribe guidelines and laws governing the shape and contents of claims, the proof thereof, and all different matters related to proceedings on such claims; and in reference to such proceedings to issue subpenas, administer oaths, and study witnesses. Such powers, and any other powers conferred upon such officer or company by sections 4309(a), 4329, and 4331 of this title could also be exercised via subordinate officers designated by such officer or agency. (Oct. 6, 1917, ch. 106, §35, as added Dec. 18, 1941, ch. 593, title III, §305, as added Aug. eight, 1946, ch. 878, §1, 60 Stat. 928.) Editorial Notes Codification Section was previously categorized to section 35 of the former Appendix to this title prior to editorial reclassification and renumbering as this section. Prior to classification as section 35, part was previously classified to section 620 of the previous Appendix to this title. §4333. Taxes (a) Liability; exemptions The vesting in or transfer to the Alien Property Custodian of any property or curiosity (other than any property or curiosity acquired by the United States previous to December 18, 1941), or the receipt by him of any earnings, increment, or proceeds thereof shall not render inapplicable any Federal, State, Territorial, or local tax for any period prior or subsequent to the date of such vesting or transfer, nor render applicable the exemptions supplied in title II of the Social Security Act [42 U.S.C. 401 et seq.] with respect to service carried out in the employ of the United States Government or of any instrumentality of the United States. (b) Payment by Custodian; legal responsibility of former proprietor; enforcement of tax liability; transfer of property The Alien Property Custodian shall, notwithstanding the filing of any claim or the institution of any go properly with underneath this chapter, pay any tax incident to any such property or interest, or the earnings, increment, or proceeds thereof, on the earliest time appearing to him to be not contrary to the interest of the United States. The former proprietor shall not be answerable for any such tax accruing while such property, interest, earnings, increment, or proceeds are held by the Alien Property Custodian, unless they’re returned pursuant to this chapter with out fee of such tax by the Alien Property Custodian. Every such tax shall be paid by the Alien Property Custodian to the same extent, as almost as could additionally be deemed practicable, as though the property or interest had not been vested in or transferred to the Alien Property Custodian, and shall be paid solely out of the property or interest, or earnings, increment, or proceeds thereof, to which they’re incident or out of different property or pursuits acquired from the identical former owner, or earnings, increment, or proceeds thereof. No tax liability could additionally be enforced from any property or curiosity or the earnings, increment, or proceeds thereof whereas held by the Alien Property Custodian besides along with his consent. Where any property or interest is transferred, in any other case than pursuant to part 4309(a) or 4329 of this title, the Alien Property Custodian could transfer the property or interest free and away from any tax, except to the extent of any lien for a tax current and perfected on the date of vesting, and the proceeds of such transfer shall, for tax purposes, exchange the property or curiosity in the palms of the Alien Property Custodian. (c) Computation; suspension of limitations, and so on. Subject to the provisions of subsection (b) of this part, the way of computing any Federal taxes, together with with out limitation by purpose of this enumeration, the applicability in such computation of credits, deductions, and exemptions to which the previous proprietor is or would be entitled, and the time and manner of any cost of such taxes and the extent of any compliance by the Custodian with provisions of Federal law and regulations applicable with respect to Federal taxes, shall be in accordance with rules prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury to effectuate this section. Statutes of limitations on assessment, assortment, refund, or credit of Federal taxes shall be suspended, with respect to any vested property or interest, or the earnings, increment or proceeds thereof, whereas vested and for six months thereafter; but no curiosity shall be paid upon any refund with respect to any interval during which the statute of limitations is so suspended. (d) “Tax” outlined The word “tax” as used on this part shall embody, without limitation by cause of this enumeration, any property, earnings, excess-profits, war-profits, excise, estate and employment tax, import obligation, and particular evaluation; and also any interest, penalty, further amount, or addition thereto not arising from any act, omission, neglect, failure, or delay on the a half of the Custodian. (e) Exemptions Any tax exemption accorded to the Alien Property Custodian by particular provision of existing legislation shall not be affected by this part. (Oct. 6, 1917, ch. 106, §36, as added Dec. 18, 1941, ch. 593, title III, §305, as added Aug. eight, 1946, ch. 878, §1, 60 Stat. 929.) Editorial Notes References in Text The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, forty nine Stat. 620. Title II of the Act is classified usually to subchapter II (§401 et seq.) of chapter 7 of Title forty two, The Public Health and Welfare. For complete classification of this Act to the Code, see part 1305 of Title 42 and Tables. This chapter, referred to in subsec. (b), was in the unique “this Act”, meaning act Oct. 6, 1917, ch. 106, forty Stat. 411, generally identified as the Trading with the enemy Act, also identified as the Trading with the Enemy Act, which is classed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was formerly categorised to part 36 of the former Appendix to this title previous to editorial reclassification and renumbering as this section. Prior to classification as section 36, section was previously classified to part 620 of the former Appendix to this title. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4334. Insurance of property The Alien Property Custodian may procure insurance in such quantities, and from such insurers, as he believes will adequately shield him against loss in connection with property or curiosity or proceeds held by him. (Oct. 6, 1917, ch. 106, §37, as added Dec. 18, 1941, ch. 593, title III, §305, as added Aug. eight, 1946, ch. 878, §1, 60 Stat. 930.) Editorial Notes Codification Section was formerly categorized to part 37 of the former Appendix to this title prior to editorial reclassification and renumbering as this section. Prior to classification as section 37, part was previously categorised to part 620 of the former Appendix to this title. Executive Documents Transfer of Functions Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees. §4335. Shipment of relief provides; definitions (a) Notwithstanding any other provision of this chapter, it shall be lawful, at any time after the date of cessation of hostilities with any nation with which the United States is at war, for any individual within the United States to donate, or otherwise eliminate to, and to transport or deliver to, any person in such nation any article or articles (including meals, clothes, and medicine) supposed for use solely to relieve human struggling. (b) As used on this section— (1) the time period “particular person” means any individual, partnership, affiliation, firm, or other unincorporated body of people, or corporation or body politic; (2) with respect to any nation with which the United States was at warfare on January 1, 1946, the term “date of cessation of hostilities” shall mean the date of enactment of this Act; (3) with respect to some other warfare the time period “date of cessation of hostilities” shall imply the date specified by proclamation of the President or by a concurrent resolution of the two Houses of Congress whichever is the earlier. (Oct. 6, 1917, ch. 106, §38, previously §—, as added May sixteen, 1946, ch. 260, 60 Stat. 182, numbered Aug. eight, 1946, ch. 878, §3, 60 Stat. 930.) Editorial Notes References in Text This chapter, referred to in subsec. (a), was within the unique “this Act”, which means act Oct. 6, 1917, ch. 106, forty Stat. 411, generally recognized as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is classed principally to this chapter. For full classification of this Act to the Code, see section 4301 of this title and Tables. The date of enactment of this Act, referred to in subsec. (b)(2), probably means the date of enactment of act May sixteen, 1946, ch. 260, which was accredited May 16, 1946. Codification Section was previously classified to section 38 of the former Appendix to this title previous to editorial reclassification and renumbering as this section. §4336. Retention of properties or pursuits of Germany and Japan and their nationals; proceeds covered into Treasury; ex gratia fee to Switzerland (a) Retention of properties or pursuits of Germany and Japan and their nationals No property or curiosity therein of Germany, Japan, or any national of either such country vested in or transferred to any officer or agency of the Government at any time after December 17, 1941, pursuant to the provisions of this chapter, shall be returned to former homeowners thereof or their successors in interest, and the United States shall not pay compensation for any such property or curiosity therein. The web proceeds remaining upon the completion of administration, liquidation, and disposition pursuant to the provisions of this chapter of any such property or interest therein shall be coated into the Treasury on the earliest practicable date. Nothing in this section shall be construed to repeal or in any other case affect the operation of the provisions of part 4329, 4337, 4338, 4339 or 4340 of this title or of the Philippine Property Act of 1946 [22 U.S.C. 1381 et seq.]. (b) Cover into Treasury of sums received by Attorney General The Attorney General shall cowl into the Treasury, to the credit of miscellaneous receipts, all sums from property vested in or transferred to the Attorney General underneath this chapter— (1) which the Attorney General receives after August 23, 1988, or (2) which the Attorney General obtained before that date and which, as of that date, the Attorney General had not coated into the Treasury for deposit within the War Claims Fund, apart from any such sums which the Attorney General determines in his or her discretion are the topic material of any judicial motion or continuing. (c) Ex gratia cost to Government of Switzerland Notwithstanding any of the provisions of subsections (a) and (b) of this part, the Attorney General is authorized to pay from property vested in or transferred to the Attorney General under this chapter, the sum of $20,000 as an ex gratia cost to the Government of Switzerland in accordance with the phrases of the settlement entered into by that Government and the Government of the United States on March 12, 1980. (Oct. 6, 1917, ch. 106, §39, as added July 3, 1948, ch. 826, §12, 62 Stat. 1246; amended Aug. 7, 1953, ch. 344, 67 Stat. 461; Pub. L. 85–884, Sept. 2, 1958, seventy two Stat. 1708; Pub. L. 87–846, title II, §§202, 204(c), Oct. 22, 1962, seventy six Stat. 1113, 1115; Pub. L. 87–861, §1, Oct. 23, 1962, 76 Stat. 1139; Pub. L. 89–619, Oct. four, 1966, 80 Stat. 871; Pub. L. 99–93, title VIII, §803, Aug. sixteen, 1985, 99 Stat. 449; Pub. L. 100–418, title II, §2501(a), Aug. 23, 1988, 102 Stat. 1370.) Editorial Notes References in Text This chapter, referred to in textual content, was within the unique “this Act”, meaning act Oct. 6, 1917, ch. 106, forty Stat. 411, often identified as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is assessed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. The Philippine Property Act of 1946, referred to in subsec. (a), is act July 3, 1946, ch. 536, 60 Stat. 418, which is classified usually to subchapter V (§1381 et seq.) of chapter 15 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title observe set out underneath part 1381 of Title 22 and Tables. Codification Section was previously classified to part 39 of the previous Appendix to this title prior to editorial reclassification and renumbering as this section. Amendments 1988—Subsecs. (b) to (f). Pub. L. 100–418 added subsec. (b), redesignated subsec. (f) as (c) and substituted “and (b)” for “via (d)”, and struck out former subsecs. (b) to (e) which associated to authorizations for sure transfers of funds into the Treasury by the Attorney General for deposit into the War Claims Fund and switch of sure work to the Federal Republic of Germany. 1985—Subsec. (f). Pub. L. 99–93 added subsec. (f). 1966—Subsec. (e). Pub. L. 89–619 added subsec. (e). 1962—Subsec. (a). Pub. L. 87–861 offered that nothing in this part shall be construed to repeal or otherwise affect the operation of section 4337, 4338, 4339, or 4340 of this title. Subsec. (b). Pub. L. 87–846, §204(c), required Attorney General to cover $500,000 into Treasury for deposit into War Claims Fund for payments to successor organizations receiving heirless property. Subsec. (d). Pub. L. 87–846, §202, added subsec. (d). 1958—Subsec. (c). Pub. L. 85–884 added subsec. (c). 1953—Act Aug. 7, 1953, designated current provisions as subsec. (a) and added subsec. (b). §4337. Intercustodial conflicts involving enemy property; authority of President to conclude; delegation of authority The President, or such officer or company as he could designate, is authorized to conclude and provides impact to agreements to further the amicable and expeditious settlement of intercustodial conflicts involving enemy property, subject to the following: (1) The authority granted in this part shall prolong solely to agreements with governments with which the United States was not at war in World War II. (2) Such agreements shall be in accordance with the coverage of protecting and making available for utilization the American and nonenemy pursuits in such property and additional the elimination of enemy interests in such property and the efficient administration and liquidation of enemy property in the United States. (3) For the purposes of this part, the United States as to any intergovernmental agreements hereafter negotiated shall seek remedy equal to that accorded United States nationals for individuals who, though residents or residents of any enemy country before or during World War II, had been deprived of full rights of citizenship or considerably deprived of liberty by laws, decrees, or rules of such enemy country discriminating against racial, religious, or political teams: Provided, That on September 28, 1950, such individuals had been (1) everlasting residents of the United States and (2) had declared their intention to turn into citizens of the United States in conformity with the provisions of the Nationality Act of 1940, as amended; and that such individuals shall have acquired citizenship of the United States previous to the efficient date of any intergovernmental settlement hereafter negotiated. (4) Reimbursement to the United States by other governments pursuant to such agreements shall be administered as vested property: Provided, That nothing contained on this section shall hinder, limit or restrict the fee of claims from the War Claims Fund established by section 4110 of this title, as amended. (Sept. 28, 1950, ch. 1094, 64 Stat. 1079.) Editorial Notes References in Text The Nationality Act of 1940, referred to in par. (3), is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, which was categorised principally to chapter 11 (§501 et seq.) of Title 8, Aliens and Nationality, prior to repeal by act June 27, 1952, ch. 477, title IV, §403(a)(42), sixty six Stat. 280. See part 1101 et seq. of Title eight. Codification Section was formerly classified to section 40 of the previous Appendix to this title prior to editorial reclassification and renumbering as this part. Section was not enacted as a part of the Trading with the enemy Act which contains this chapter. Executive Documents Ex. Ord. No. 10244. Authorization of Secretary of State and Attorney General To Perform Certain Functions Ex. Ord. No. 10244, May 17, 1951, sixteen F.R. 4639, supplied: 1. The Secretary of State and the Attorney General are hereby jointly designated because the officers authorized to conclude and give impact to agreements relating to the settlement of intercustodial conflicts involving enemy property made pursuant to the stated act of September 28, 1950 [50 U.S.C. 4337], and to exercise all powers incident thereto which are conferred by such act, together with, with out limitation, the powers to receive, transfer, release or return property, pursuits therein, or proceeds thereof. 2. It is the coverage of this order that the Secretary of State, with the concurrence of the Attorney General, shall perform all features essential or acceptable to provide effect to any agreement made pursuant to the said act of September 28, 1950, with relation to the protection of American pursuits in property outside the United States, and that the Attorney General, with the concurrence of the Secretary of State, shall perform all functions essential or appropriate to provide effect to any such settlement with relation to property topic to the jurisdiction of the United States, and that each one different capabilities relating to the effectuation of any such agreement shall be carried out as may be agreed by the Secretary of State and the Attorney General. However, no action taken hereunder by both the Secretary of State or the Attorney General shall be thought-about to be invalid on the ground that underneath the provisions of this order such motion was within the jurisdiction of the Secretary of State rather than the Attorney General, or vice versa, or that concurrence was not obtained, or that such action was not joint. three. The Secretary of State and the Attorney General might every delegate to the other or to another officer, person, or company within his respective division such of his capabilities underneath this order as he may deem necessary. four. Any cash, property, or interest obtained as reimbursement by the United States by advantage of any agreement made pursuant to the mentioned act of September 28, 1950, shall be administered and disposed of by the Attorney General as vested property pursuant to the mentioned Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.]. Any other money, property, or curiosity obtained by the Secretary of State or the Attorney General pursuant to any such agreement shall be administered and disposed of pursuant to the provisions of such agreement. Harry S. Truman. §4338. Divestment of estates, trusts, insurance coverage insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits; exceptions; discover of divestment (a) In common Subject to the provisions of subsection (b) hereof, all rights and interests of individuals in estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits vested underneath this chapter after December 17, 1941, which have not turn into payable or deliverable to or have not vested in possession within the Attorney General prior to December 31, 1961, are divested: Provided, That the provisions of this part shall not affect the right of the Attorney General to retain all such property rights and pursuits and to gather all revenue which is payable to or vested in possession in him prior to December 31, 1961. (b) Exception to requirement where useful owner convicted of certain crimes Nothing contained on this section shall divest or require the divestment of any portion of any such curiosity the useful owner of which is a natural one that has been convicted personally and by name by a courtroom of competent jurisdiction of homicide, sick remedy, or deportation for slave labor of prisoners of warfare, political opponents, hostages, or civilian population in occupied territories, or of homicide or ill therapy of navy or naval persons, or of plunder or wanton destruction with out justified military necessity. (c) Notice of divestment At the earliest practicable time after the efficient date of this Act, the Attorney General shall transmit to the lawful owner or custodian of any interest divested by this section written discover of such divestment. (Oct. 6, 1917, ch. 106, §40, as added Pub. L. 87–846, title II, §205, Oct. 22, 1962, 76 Stat. 1115.) Editorial Notes References in Text This chapter, referred to in subsec. (a), was in the authentic “this Act”, which means act Oct. 6, 1917, ch. 106, forty Stat. 411, generally recognized as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is assessed principally to this chapter. For full classification of this Act to the Code, see section 4301 of this title and Tables. The effective date of this Act, referred to in subsec. (c), most likely means the date of enactment of Pub. L. 87–846, which added this section and was permitted Oct. 22, 1962. Codification Section was formerly categorized to section 41 of the former Appendix to this title previous to editorial reclassification and renumbering as this part. §4339. Claims for proceeds from sale of sure certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” outlined, rights of licensees and assignees, reproduction rights of United States, transfer of interests, payment of royalties to Attorney General, suits for infringement (a) Jurisdiction Notwithstanding any statute of limitation, lapse of time, any prior determination by any court docket of the United States, or any compromise, launch or project to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Federal Claims to hear, determine, and render judgment upon the claims against the United States for the proceeds acquired by the United States from the sale of the property vested beneath the provisions of this chapter by vesting order numbered 33 referring to certificate numbers 104 to 121, inclusive, 125, 126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with respect to such claims may be instituted hereunder not later than two years after October 22, 1962. (b) “Copyrights” defined As used in this part the word “copyrights” includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals. (c) Divestment of copyrights; limitations; transfer of remaining rights and pursuits All copyrights vested in the Alien Property Custodian or the Attorney General beneath the provisions of this chapter subsequent to December 17, 1941, which haven’t been returned or otherwise disposed of underneath this chapter, except copyrights vested by vesting orders 128 (7 F.R. 7578), (14 F.R. 1730), (15 F.R. 1575), (16 F.R. 2483), and (16 F.R. 6162) and copyrights vested with respect to the motion image listed final in exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R. 1626), are hereby divested as a matter of grace, efficient the ninety-first day after October 22, 1962, and the individuals entitled thereto shall on that day succeed to the rights, privileges, and obligations arising out of such copyrights, topic, however, to— (1) the rights of licensees beneath licenses issued by the Alien Property Custodian or the Attorney General in respect of such copyrights; (2) the rights of assignees beneath assignments by the Alien Property Custodian or the Attorney General of interests in such licenses; and (3) the best retained by the United States to breed, for its personal use, or exhibit any divested copyrighted motion image films. The rights and interests remaining within the Attorney General underneath licenses issued by him or by the Alien Property Custodian in respect to copyrights divested hereunder are hereby transferred, efficient the day of divestment, to the persons entitled to such copyrights: Provided, That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses previous to the day of divestment shall be paid by the licensees to the Attorney General. (d) Rights or interests arising out of prevesting contracts All rights or pursuits vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to copyrights, except— (1) royalties or other revenue received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts; (2) rights or interests which have been returned or otherwise disposed of under this chapter; and (3) rights or pursuits vested by vesting orders 128 (7 F.R. 7578), (14 F.R. 1730), (15 F.R. 1575), and (16 F.R. 2483), are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962, and the individuals entitled to such rights or interests shall succeed thereto, subject to the best of the Attorney General to collect and obtain all unpaid royalties or other earnings accrued in his favor underneath such prevesting contracts previous to the day of divestment. (e) Suits for infringement Nothing in this part shall be construed to switch to a person entitled to a copyright divested hereunder the proper of the Attorney General to sue for the infringement of such copyright in the course of the period between (1) the vesting thereof or the vesting of rights and interests in a contract entered into with respect thereto, and (2) the day of divestment. The proper to sue for infringement shall stay in the Attorney General. (Oct. 6, 1917, ch. 106, §41, as added Pub. L. 87–846, title II, §206, Oct. 22, 1962, 76 Stat. 1115; amended Pub. L. 88–490, Aug. 26, 1964, 78 Stat. 607; Pub. L. 97–164, title I, §161(9), Apr. 2, 1982, ninety six Stat. 49; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes References in Text This chapter, referred to in subsecs. (a), (c), and (d), was within the original “this Act” or “the Trading With the Enemy Act”, meaning act Oct. 6, 1917, ch. 106, forty Stat. 411, also called the Trading with the enemy Act, which is assessed principally to this chapter. For complete classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was formerly categorised to part forty two of the former Appendix to this title prior to editorial reclassification and renumbering as this section. Amendments 1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (a). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”. 1964—Subsec. (a). Pub. L. 88–490 substituted “render judgment upon” for “report back to the Congress concerning” and “two years after October 22, 1962” for “one year after the date of the enactment of this Act”. Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note underneath part 171 of Title 28, Judiciary and Judicial Procedure. Effective Date of 1982 Amendment Amendment by Pub. L. 97–164 efficient Oct. 1, 1982, see part 402 of Pub. L. 97–164, set out as a notice underneath part 171 of Title 28, Judiciary and Judicial Procedure. Executive Documents Transfer of Functions Functions vested by regulation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, sixty one Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4340. Divestment of emblems (a) “Trademarks” outlined As used on this section, the word “trademarks” includes trademarks, trade names, and the goodwill of the enterprise to which a trademark or trade name is appurtenant. (b) Effective date of divestment; rights of licensees; switch of pursuits; fee of royalties to Attorney General Trademarks vested in the Alien Property Custodian or the Attorney General underneath the provisions of this chapter subsequent to December 17, 1941, which haven’t been returned or otherwise disposed of under this chapter, besides logos vested by vesting orders 284, as amended (7 Fed. Reg. 9754, 9 Fed. Reg. 1038), 2354 (8 Fed. Reg. 14635), 5592 (11 Fed. Reg. 1675), and (17 Fed. Reg. 4364), are hereby divested as a matter of grace, effective the ninety-first day after October 23, 1962, and the individuals entitled to such logos shall on that day succeed to the rights, privileges, and obligations arising therefrom, subject, nevertheless, to the rights of licensees beneath licenses issued by the Alien Property Custodian or the Attorney General in respect to such trademarks. The rights and interests remaining within the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to logos divested hereunder are transferred, efficient the day of divestment, to the individuals entitled to such trademarks: Provided, That all unpaid royalties or other income accrued in favor of the Attorney General underneath such licenses previous to the day of divestment shall be paid by the licensees to the Attorney General. (c) Prevesting contracts; exceptions; cost of royalties to Attorney General All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to emblems, except— (1) royalties or other earnings acquired by or accrued in favor of the Alien Property Custodian or the Attorney General beneath such contracts; (2) rights or pursuits which have been returned or in any other case disposed of beneath this chapter; (3) rights or pursuits vested by vesting orders 284, as amended (7 Fed. Reg. 9754; 9 Fed. Reg. 1038), 2354 (8 Fed. Reg. 14635), 5592 (11 Fed. Reg. 1675), and (17 Fed. Reg. 4364), are hereby divested as a matter of grace, efficient the ninety-first day after October 23, 1962, and the persons entitled to such rights or interests shall succeed thereto, topic to the right of the Attorney General to gather and receive all unpaid royalties or other revenue accrued in his favor under such prevesting contracts previous to the day of divestment. (d) Publication of ownership record in Federal Register; efficient date of divestment; succession to possession of equal trademarks The Attorney General shall inside forty-five days after October 23, 1962, publish in the Federal Register a listing of logos which at the date of vesting in the Alien Property Custodian or Attorney General were owned by persons who had been resident in or had their sole or major seat within the space of Germany now within the Soviet Zone of Occupation or in the Soviet sector of Berlin or in German territory beneath provisional Soviet or Polish administration. Notwithstanding the provisions of subsection (b) of this section, the effective date of divestment of the trademarks so listed and published in the Federal Register shall be the date of publication in the Federal Register by the Secretary of State of a certification identifying the instances during which an equal trademark has been registered within the Federal Republic of Germany for a person residing or having its sole or primary seat in the Federal Republic of Germany or in the western sectors of Berlin. In these instances of an equivalent trademark certified by the Secretary of State, the person registered by the Federal Republic of Germany as owner of such equivalent trademark shall succeed to the possession of the divested trademark within the United States. (Oct. 6, 1917, ch. 106, §42, as added Pub. L. 87–861, §2, Oct. 23, 1962, seventy six Stat. 1139.) Editorial Notes References in Text This chapter, referred to in subsecs. (b) and (c), was in the unique “this Act”, that means act Oct. 6, 1917, ch. 106, forty Stat. 411, known as the Trading with the enemy Act, also referred to as the Trading with the Enemy Act, which is assessed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was previously categorised to section 43 of the former Appendix to this title previous to editorial reclassification and renumbering as this section. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees. §4341. Motion picture prints, switch of title (a) Prints in custody of Library of Congress; exception The Attorney General is authorized and directed to transfer to the Library of Congress the title to all prints of motion photos now in the custody of the Library, which prints had been vested in or transferred to the Alien Property Custodian or the Attorney General pursuant to this chapter after December 17, 1941, except prints of motion pictures that are the topic of suits or claims under section 4309(a) or section 4329 of this title. (b) Prints in custody of Attorney General; exception; right of choice by Library of Congress; disposal of unselected prints by Attorney General Subject to the right of choice by the Library of Congress, the authorization, direction, and exception contained in subsection (a) hereof shall apply with respect to such prints now in the custody of the Attorney General. Prints not selected by the Library of Congress could additionally be disposed of by the Attorney General in any manner he deems applicable. (c) Retention, replica, and disposal of prints by Library of Congress With respect to all prints concerning which title is transferred to the Library of Congress pursuant to subsections (a) and (b) hereof, the Library shall have full discretion to retain such prints and to breed copies thereof, or to get rid of them in any method it deems acceptable. (Oct. 6, 1917, ch. 106, §43, as added Pub. L. 87–861, §2, Oct. 23, 1962, seventy six Stat. 1140.) Editorial Notes References in Text This chapter, referred to in subsec. (a), was within the authentic “this Act”, which means act Oct. 6, 1917, ch. 106, 40 Stat. 411, often known as the Trading with the enemy Act, also called the Trading with the Enemy Act, which is assessed principally to this chapter. For full classification of this Act to the Code, see part 4301 of this title and Tables. Codification Section was previously categorised to section forty four of the former Appendix to this title prior to editorial reclassification and renumbering as this part. Executive Documents Transfer of Functions Functions vested by legislation in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out within the Appendix to Title 5, Government Organization and Employees.