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50 U.S.C. § 4323 (WAR AND NATIONAL DEFENSE)
§ 4323. Allocation of “unallocated interest fund”
(a) Allocation among trusts; basis of allocation
The Alien Property Custodian shall allocate among the various trusts the funds in the “unallocated interest fund” (as defined in section 4325 of this title). Such allocation shall be based upon the earnings (determined by the Secretary of the Treasury) on the total amounts deposited under section 4312 of this title.
(b) Payment to persons entitled to distrubutions
The Alien Property Custodian, when the allocation has been made, is authorized and directed to pay to each person entitled, in accordance with a final 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 amount allocated to his trust, except as provided in subsection (c) of this section.
(c) Credit against amount invested in certificates
In the case of persons entitled, under paragraph (12), (13), (14), or (16) of subsection (b) of section 4309 of this title, to such return, and in the case of persons who would be entitled to such return thereunder if all such money or property had not been returned under paragraph (9) or (10) of such subsection, and in the case of persons entitled to such return under subsection (n) of section 4309 of this title, an amount equal to the aggregate amount allocated to their trusts shall be credited against the sum of $25,000,000 invested in participating certificates under paragraph (1) of subsection (b) of section 4322 of this title. If the aggregate amount so allocated is in excess of $25,000,000, an amount equal to the excess shall be invested in the same manner. Upon the repayment of any of the amounts so invested, under the provisions of section 4 of the Settlement of War Claims Act of 1928, the amount so repaid shall be distributed pro rata among such persons, notwithstanding any receipts or releases given by them.
(d) Availability of unallocated interest fund
The unallocated interest fund shall be available for carrying out the provisions of this section, including the expenses of making the allocation.
(Oct. 6, 1917, ch. 106, § 26, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 273; amended June 11, 1929, ch. 14, 46 Stat. 6.)
heading: References in Text
text: Section 4 of the Settlement of War Claims Act of 1928, referred to in subsec. (c), is section 4 of act Mar. 10, 1928, ch. 167, 45 Stat. 260, which is not classified to the Code.
heading: Codification
text: Section was formerly classified to section 26 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1929—Subsec. (a). Act June 11, 1929, struck out “average rate of” before “earnings” in second sentence.
heading: Transfer of Functions
text: 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.
50 U.S.C. § 4324 (WAR AND NATIONAL DEFENSE)
§ 4324. Return by Custodian, to United States, of payments under licenses, assignments or sales of patents
The Alien Property Custodian is authorized and directed to return to the United States any consideration paid to him by the United States under any license, assignment, or sale by the Alien Property Custodian to the United States of any patent (or any right therein or claim thereto, and including an application therefor and any patent issued pursuant to any such application).
(Oct. 6, 1917, ch. 106, § 27, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 274.)
heading: Codification
text: Section was formerly classified to section 27 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Transfer of Functions
text: 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.
50 U.S.C. § 4325 (WAR AND NATIONAL DEFENSE)
§ 4325. “Unallocated interest fund” defined
As used in this chapter, the term “unallocated interest fund” means the sum of (1) the earnings and profits accumulated prior to March 4, 1923, and attributable to investments and reinvestments under section 4312 of this title by the Secretary of the Treasury, plus (2) the earnings and profits accumulated on or after March 4, 1923, in respect of the earnings and profits referred to in clause (1) of this section.
(Oct. 6, 1917, ch. 106, § 28, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 274.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning 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 classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 28 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4327 (WAR AND NATIONAL DEFENSE)
§ 4327. Attachment or garnishment of funds or property held by Custodian
Any money or other property returnable under subsection (b) or (n) of section 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, relating to attachments in suits at law and to attachments for the enforcement of judgments at law and decrees in equity, but any writ of attachment or garnishment issuing in any such suit, or for the enforcement of any judgment or decree, shall be served only upon the Alien Property Custodian, who shall for the purposes of this section be considered as holding credits in favor of the person entitled to such return to the extent of the value of the money or other property so returnable. Nothing in this section shall be construed as authorizing the taking of actual possession, by any officer of any court, of any money or other 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.)
heading: Codification
text: Section was formerly classified to section 30 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Transfer of Functions
text: 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.
50 U.S.C. § 4328 (WAR AND NATIONAL DEFENSE)
§ 4328. “Member of the former ruling family” defined
As used in this chapter, the term “member of the former ruling family” means (1) any person who 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 wife or any child of such person.
(Oct. 6, 1917, ch. 106, § 31, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 275.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning 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 classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 31 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4330 (WAR AND NATIONAL DEFENSE)
§ 4330. Notice of claim; institution of suits; computation of time
No return may be made pursuant to section 4309 or 4329 of this title unless notice of claim has been filed: (a) in the case of any property or interest acquired by the United States prior to December 18, 1941, by August 9, 1948; or (b) in the case of any property or interest acquired by the United States on or after December 18, 1941, not later than one year 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 suit 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 in the Alien Property Custodian, as the case may be, of the property or interest in respect of which relief is sought, whichever is later, but in computing such two years there shall be excluded any period during which there was pending a suit or claim for return pursuant to section 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. 8, 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, 68 Stat. 7; Aug. 23, 1954, ch. 830, § 2, 68 Stat. 768; Pub. L. 87–846, title II, § 204(b), Oct. 22, 1962, 76 Stat. 1115.)
heading: Codification
text: Section was formerly classified to section 33 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior to classification as section 33, section was formerly classified to section 620 of the former Appendix to this title.
heading: Amendments
text: 1962—Pub. L. 87–846 struck out before period at end of first sentence “; except that return may be made to successor organizations designated pursuant to section 4329(h) of this title if notice of claim is filed before the expiration of one year from the effective date of this Act”.
1954—Act Aug. 23, 1954, inserted before period at end of first sentence “; except that return may be made to successor organizations designated pursuant to section 4329(h) of this title if notice of claim is filed before the expiration of one year from the effective date of this Act”.
Act Feb. 9, 1954, substituted “not later than one year from February 9, 1954” for “by April 30, 1949” in first sentence.
1948—Act July 1, 1948, amended section generally, extending time for filing claims under section 4309 or 4329 of this title.
1947—Act Aug. 5, 1947, provided that notice of certain claims could be filed by Aug. 8, 1948, or that Italian notice of claim could be filed by July 31, 1949.
heading: Transfer of Functions
text: 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.
50 U.S.C. § 4332 (WAR AND NATIONAL DEFENSE)
§ 4332. Hearings on claims; rules and regulations; delegation of powers
The officer or agency empowered to entertain claims under sections 4309(a), 4329, and 4331 of this title shall have power to hold such hearings as may be deemed necessary; to prescribe rules and regulations governing the form and contents of claims, the proof thereof, and all other matters related to proceedings on such claims; and in connection with such proceedings to issue subpenas, administer oaths, and examine witnesses. Such powers, and any other powers conferred upon such officer or agency by sections 4309(a), 4329, and 4331 of this title may be exercised through 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. 8, 1946, ch. 878, § 1, 60 Stat. 928.)
heading: Codification
text: Section was formerly classified 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, section was formerly classified to section 620 of the former Appendix to this title.
50 U.S.C. § 4334 (WAR AND NATIONAL DEFENSE)
§ 4334. Insurance of property
The Alien Property Custodian may procure insurance in such amounts, and from such insurers, as he believes will adequately protect him against loss in connection with property or interest or proceeds held by him.
(Oct. 6, 1917, ch. 106, § 37, as added Dec. 18, 1941, ch. 593, title III, § 305, as added Aug. 8, 1946, ch. 878, § 1, 60 Stat. 930.)
heading: Codification
text: Section was formerly classified to section 37 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior to classification as section 37, section was formerly classified to section 620 of the former Appendix to this title.
heading: Transfer of Functions
text: 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.
50 U.S.C. § 4335 (WAR AND NATIONAL DEFENSE)
§ 4335. Shipment of relief supplies; 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 country with which the United States is at war, for any person in the United States to donate, or otherwise dispose of to, and to transport or deliver to, any person in such country any article or articles (including food, clothing, and medicine) intended to be used solely to relieve human suffering.
(b) As used in this section—
(1) the term “person” means any individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic;
(2) with respect to any country with which the United States was at war on January 1, 1946, the term “date of cessation of hostilities” shall mean the date of enactment of this Act;
(3) with respect to any other war the term “date of cessation of hostilities” shall mean 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, formerly § —, as added May 16, 1946, ch. 260, 60 Stat. 182, numbered Aug. 8, 1946, ch. 878, § 3, 60 Stat. 930.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning 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 classified principally to this chapter. For complete 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 16, 1946, ch. 260, which was approved May 16, 1946.
heading: Codification
text: Section was formerly classified to section 38 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4338 (WAR AND NATIONAL DEFENSE)
§ 4338. Divestment of estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits; exceptions; notice of divestment
(a) In general
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 under this chapter after December 17, 1941, which have not become payable or deliverable to or have not vested in possession in the Attorney General prior to December 31, 1961, are divested: Provided, That the provisions of this section shall not affect the right of the Attorney General to retain all such property rights and interests and to collect all income which is payable to or vested in possession in him prior to December 31, 1961.
(b) Exception to requirement where beneficial owner convicted of certain crimes
Nothing contained in this section shall divest or require the divestment of any portion of any such interest the beneficial owner of which is a natural person who has been convicted personally and by name by a court of competent jurisdiction of murder, ill treatment, or deportation for slave labor of prisoners of war, political opponents, hostages, or civilian population in occupied territories, or of murder or ill treatment of military or naval persons, or of plunder or wanton destruction without justified military necessity.
(c) Notice of divestment
At the earliest practicable time after the effective date of this Act, the Attorney General shall transmit to the lawful owner or custodian of any interest divested by this section written notice of such divestment.
(Oct. 6, 1917, ch. 106, § 40, as added Pub. L. 87–846, title II, § 205, Oct. 22, 1962, 76 Stat. 1115.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning 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 classified principally to this chapter. For complete 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), probably means the date of enactment of Pub. L. 87–846, which added this section and was approved Oct. 22, 1962.
heading: Codification
text: Section was formerly classified to section 41 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4341 (WAR AND NATIONAL DEFENSE)
§ 4341. Motion picture prints, transfer 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 pictures now in the custody of the Library, which prints were 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 which are the subject of suits or claims under section 4309(a) or section 4329 of this title.
(b) Prints in custody of Attorney General; exception; right of selection by Library of Congress; disposal of unselected prints by Attorney General
Subject to the right of selection 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 may be disposed of by the Attorney General in any manner he deems appropriate.
(c) Retention, reproduction, 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 complete discretion to retain such prints and to reproduce copies thereof, or to dispose of them in any manner it deems appropriate.
(Oct. 6, 1917, ch. 106, § 43, as added Pub. L. 87–861, § 2, Oct. 23, 1962, 76 Stat. 1140.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning 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 classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 44 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Transfer of Functions
text: 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.
50 U.S.C. § 4401 (WAR AND NATIONAL DEFENSE)
§ 4401. Declaration of policy
(a) It is necessary for the national security and development and maintenance of the domestic and the export and import foreign commerce of the United States that the United States have an efficient and adequate American-owned merchant marine (1) sufficient to carry its domestic water-borne commerce and a substantial portion of its water-borne export and import foreign commerce and to provide shipping service on all routes essential for maintaining the flow of such domestic and foreign water-borne commerce at all times; (2) capable of serving as a naval and military auxiliary in time of war or national emergency; (3) owned and operated under the United States flag by citizens of the United States; (4) composed of the best-equipped, safest, and most suitable types of vessels, constructed in the United States and manned with a trained and efficient citizen personnel; and (5) supplemented by efficient American-owned facilities for shipbuilding and ship repair, marine insurance, and other auxiliary services.
(b) It is hereby declared to be the policy of this Act to foster the development and encourage the maintenance of such a merchant marine.
(Mar. 8, 1946, ch. 82, § 2, 60 Stat. 41.)
heading: References in Text
text: This Act, referred to in subsec. (b), is act Mar. 8, 1946, ch. 82, 60 Stat. 41, known as the Merchant Ship Sales Act of 1946, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Codification
text: Section was formerly classified to section 1735 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Short Title
text: Act Mar. 8, 1946, ch. 82, § 1, 60 Stat. 41, provided that: “This Act [see Tables for classification] may be cited as the ‘Merchant Ship Sales Act of 1946’.”
heading: Termination Date
text: Act Mar. 8, 1946, ch. 82, § 14, 60 Stat. 50, as amended June 28, 1947, ch. 161, § 1, 61 Stat. 190; Feb. 27, 1948, ch. 78, § 1(a), 62 Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; June 29, 1949, ch. 281, § 1, 63 Stat. 349; June 30, 1950, ch. 427, § 1, 64 Stat. 308; Aug. 17, 1950, ch. 725, 64 Stat. 452, provided that: “No contract of sale shall be made under this Act [see Tables for classification] after January 15, 1951, and no contract of charter shall be made under this Act after June 30, 1950, except as provided for charter under subsections (e) and (f) of section 5 hereof, as amended [50 U.S.C. 4403(e), (f)].”
heading: Great Lakes Vessels
text: Act Sept. 28, 1950, ch. 1093, § 3, 64 Stat. 1078, provided that: “Contracts for the sale of vessels for exclusive use on the Great Lakes, including the Saint Lawrence River and Gulf and their connecting waterways, may be made until December 31, 1950. Such contracts shall require that transfer to the Great Lakes of such vessels by the buyers shall be completed by December 31, 1951.”