United States Code (Last Updated: May 24, 2014) |
AppendixAA 50a. WAR AND NATIONAL DEFENSE |
Level TRADING WITH THE ENEMY ACT OF 1917 |
CompiledAct ACT OCT. 6, 1917, CH. 106, 40 STAT. 411 |
§ 32. Return of property
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(a) Conditions precedent The President, or such officer or agency as he may designate, may return any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941 ), or the net proceeds thereof, whenever the President or such officer or agency shall determine—(1) that the person who has filed a notice of claim for return, in such form as the President or such officer or agency may prescribe, was the owner of such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian, or is the legal representative (whether or not appointed by a court in the United States), or successor in interest by inheritance, devise, bequest, or operation of law, of such owner; and (2) that such owner, and legal representative 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 under the laws of such nation: Provided, That any property or interest or proceeds which, but for the provisions of this subdivision (B), might be returned under this section to any such corporation or association, may be returned to the owner or owners of all the stock of such corporation or of all the proprietary and beneficial interest in such association, if their ownership of such stock or proprietary and beneficial interest existed immediately prior to vesting in or transfer to the Alien Property Custodian and continuously thereafter to the date of such return (without regard to purported divestments or limitations of such ownership by any government referred to in subdivision (A) hereof) and if such ownership was by one or more citizens of the United States or by one or more corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia: Provided further, That such owner or owners shall succeed to those obligations limited in aggregate amount to the value of such property or interest or proceeds, which are lawfully assertible against the corporation or association by persons 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, other than 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 sinceDecember 7, 1941 , been at war: Provided, That an individual who, while in the territory of a nation with which the United States has at any time sinceDecember 7, 1941 , been at war, was deprived of life or substantially deprived of liberty pursuant to any law, decree, or regulation of such nation discriminating against political, racial, or religious groups, shall not be deemed to have voluntarily resided in such territory; or(D) an individual who was at any time after December 7, 1941 , a citizen or subject of Germany, Japan, Bulgaria, Hungary, or Rumania, and who on or afterDecember 7, 1941 , and prior to the date of the enactment of this section [Mar. 8, 1946 ], was present (other than in the service of the United States) in 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 notwithstanding the provisions of this subdivision (D) return may be made to an individual who, as a consequence of any law, decree, or regulation of the nation of which he was then a citizen or subject, discriminating against political, racial, or religious groups, has at no time betweenDecember 7, 1941 , and the time when such law, decree, or regulation was abrogated, enjoyed full rights of citizenship under the law of such nation: And provided further, That, notwithstanding the provisions of subdivision (C) hereof and of this subdivision (D), return may be made to an individual who at all times sinceDecember 7, 1941 , was a citizen of the United States, or to an individual who, having lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country, reacquired such citizenship prior toSeptember 29, 1950 , if such individual would have been a citizen of the United States at all times sinceDecember 7, 1941 , but for such marriage: And provided further, That the aggregate book value of returns made pursuant to the foregoing proviso shall not exceed $9,000,000; and any return under such proviso may be made if the book value of any such return, taken together with the aggregate book value of returns already made under such proviso does not exceed $9,000,000; and for the purposes of this proviso the term “book value” means the value, as of the time of vesting, entered on the books of the Alien Property Custodian for the purpose of accounting for the property or interest involved; or(E) a foreign corporation or association which at any time after December 7, 1941 , was controlled or 50 per centum or more of the stock of which was owned by any person or persons ineligible to receive a return under subdivisions (A), (B), (C), or (D) hereof: Provided, That notwithstanding the provisions of this subdivision (E) return may be made to a corporation or association so controlled or owned, if such corporation or association was organized under the laws of a nation any of whose territory was occupied by the military or naval forces of any nation with which the United Stats has at any time sinceDecember 7, 1941 , been at war, and if such control or ownership arose afterMarch 1, 1938 , as an incident to such occupation and was terminated prior to the enactment of this section [Mar. 8, 1946 ];and (3) that the property or interest claimed, or the net proceeds of which are claimed, was not at any time after September 1, 1939 , held or used, by or with the assent of the person who was the owner thereof immediately prior to vesting in or transfer to the Alien Property Custodian, pursuant to any arrangement to conceal any property or interest within the United States of any person ineligible to receive a return under subsection (a)(2) hereof;(4) that the Alien Property Custodian has no actual or potential liability under the Renegotiation Act [section 1191 of this Appendix] or the Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. §§ 89 to 96), in respect of the property or interest or proceeds to be returned and that the claimant and his predecessor in interest, if any, have no actual or potential liability of any kind under the Renegotiation Act or the said Act ofOctober 31, 1942 ; or in the alternative that the claimant has provided security or undertakings adequate to assure satisfaction of all such liabilities or that property or interest or proceeds to be retained by the Alien Property Custodian are adequate therefor; and(5) that such return is in the interest of the United States. (b) Extension of filing time limitation for redetermination of excessive profits Notwithstanding the limitation prescribed in the Renegotiation Act [section 1191 of this Appendix] upon the time within which petitions may be filed in The Tax Court of the United States, In the case of any organization not so designated before the date of enactment of this amendment, such organization may be so designated only if it applies for such designation within three months after such date of enactment.
The President, or such officer as he may designate, shall, before 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 amendment pursuant to this subsection the sum of $500,000. If there is more than one such designated organization, such sum shall be allocated among such organizations in the proportions in which the proceeds of heirless property were distributed, pursuant to agreements to which the United States was a party, by the Intergovernmental Committee for Refugees and successor organizations thereto. Acceptance of payment pursuant to this subsection by any such organization shall constitute a full and complete discharge of all claims filed by such organization pursuant to this section, as it existed before the date of enactment of this amendment.
No payment may be made to any organization designated under this section unless it has given firm and responsible assurances approved by the President that (1) the payment will be used on the basis of need in the rehabilitation and settlement of persons in the United States who suffered substantial deprivation of liberty or failed to enjoy the full rights of citizenship within the meaning of subdivisions (C) and (D) of subsection (a)(2) of this section; (2) it will make to the President, with a copy to be furnished to the Congress, such reports (including a detailed annual report on the use of the payment made to it) and permit such examination of its books as the President, or such officer or agency as he may designate, may from time to time require; and (3) it will not use any part of such payment for legal fees, salaries, or other administrative expenses connected with the filing of claims for such payment or for the recovery of any property or interest under this section.
As used in this subsection, “organization” means only a nonprofit charitable corporation incorporated on or before
January 1, 1950 , under the laws of any State of the United States or of the District of Columbia with the power to sue and be sued.
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, as amended, which enacted section 1191 of this Appendix, and which was omitted from the Code.
Act of
Section 2 of said Act, referred to in subsec. (c), means section 2 of act Oct. 31, 1942, ch. 634, 56 Stat. 1013, which enacted section 90 of former Title 35, Patents, and which was omitted from the Code.
Date of enactment of this amendment, referred to in subsec. (h), probably means date of enactment of Pub. L. 87–846, which was approved
Codification
Section was formerly classified to section 619 of this Appendix.
Amendments
1962—Subsec. (h). Pub. L. 87–846 permitted application for designation as successor organization to be made within three months after
1954—Subsec. (h). Act
1952—Subsec. (a)(2)(D). Act
1950—Subsec. (a)(2)(D). Act
1947—Subsec. (a)(2). Act
1946—Subsec. (a)(2)(C), (D). Act
Change Of Name
Tax Court of the United States redesignated United States Tax Court pursuant to Pub. L. 91–172, title IX, § 951,
Transfer Of Functions
War Contracts Price Adjustment Board abolished and powers, functions, and duties conferred upon Board by the Renegotiation Act, section 1191 of this Appendix, except those transferred to Administrator of General Services, transferred to Renegotiation Board by section 201(a), (b) of act
Functions of Alien Property Custodian and Office of Alien Property Custodian, except those relating to property or interest in Philippines, vested in Attorney General. See notes set out under section 6 of this Appendix.
Miscellaneous
Congress in enacting act “Whereas article 79 of the Treaty of Peace with Italy, signed at Paris on “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 looking toward an agreement under 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 meeting certain claims of nationals of the United States; and “Whereas, for the purpose of carrying out such agreement, it is desirable to authorize, in accordance with the procedures provided for in section 32 of the Trading With the Enemy Act of “Whereas, for the purpose of aiding the revival of the Italian economy and establishing it on a self-sustaining basis, it is desirable that there be returned or transferred to Italy those Italian vessels acquired by the United States after
Act Aug. 5, 1947, ch. 499, § 1, 61 Stat. 784, provided:
Act Aug. 5, 1947, ch. 499, § 4, 61 Stat. 786, provided:
Executive Order
Ex. Ord. No. 10587,