Part

DEPARTMENT

OF

Licensing.

Reporting concerning certain prop

erty. Forms.

AUTHORITY: The provisions of this Part 501 issued under sec. 301, 55 Stat. 839, sec. 3, 60 Stat. 418, as amended, secs. 201-318, 69 Stat. 562-575; 50 U.S.C. App. 5, 22 U.S.C. 1382, 16311641q, E.O. 9193, July 6, 1942, 7 F.R. 5205, 3 CFR, 1943 Cum. Supp.; E.O. 9725, May 16, 1946, 11 F.R. 5381, 3 CFR, 1946 Supp.; E.O. 9788, Oct. 14, 1946, 11 F.R. 11981, 12123, 3 CFR, 1946 Supp.; E.O. 9989, Aug. 20, 1948, 13 F.R. 4891, 3 CFR, 1948 Supp.; E.O. 10254, June 15, 1951, 16 F.R. 5829, 3 CFR, 1951 Supp.; E.O. 10644, Nov. 7, 1955, 20 F.R. 8363; 3 CFR, 1955 Supp.

JUSTICE

PROPERTY

(b) The seal is in duplicate original; one in the custody of the Assistant to the Records Officer and one in the custody of the Manager, Philippine Office.

33-570 O-65-11

The Records Officer and the Assistant to the Records Officer are severally authorized to authenticate, certify, and attest copies of books, records, papers, and documents in the official custody of the Office of Alien Property; to subscribe the name of the Director, the Deputy Director, or the Acting Director to such certificates, and to affix the seal of the Office of Alien Property. The Manager, Philippine Office, is authorized to authenticate, certify, and attest copies of books, records, papers, and documents in the official custody of the Office of Alien Property, as successor to the Philippine Alien Property Administration; to subscribe the name of the Director, the Deputy Director, or the Acting Director to such certificates, and to affix the seal of the Office of Alien Property.

(c) Failure to affix the seal provided for in this section shall not affect the validity of any document not otherwise required to be under seal.

[12 F. R. 3602, June 4, 1947, as amended at 17 F. R. 11779, Dec. 30, 1952]

§ 501.17 Copy of process, or accounting or notice required to be sent to the Office of Alien Property in certain

cases.

(a) Copy of any process, accounting or notice in any court or administrative action or proceeding involving property which has been vested in or transferred to the Alien Property Custodian or the Attorney General of the United States must be sent by registered mail to the Office of Alien Property, Department of Justice, Washington 25, D. C., not less than thirty days prior to the date on which action pursuant to such process, accounting or notice is to be taken.

(b) Such process or accounting or notice shall otherwise conform to the rules, orders or practice of the court or administrative body issuing such process or notice or in which such accounting is filed.

[19 F. R. 1210, Mar. 4, 1954]

§ 501.25 Uniform procedure for sales of vested property.

(a) General sales. Except as provided in paragraph (b) of this section, all sales of property vested in or transferred to the Attorney General under the Trading with the Enemy Act, as amended, or under Title II of the International Claims Settlement Act of 1949 shall

be conducted according to the procedures set forth in this section, unless the Director, Office of Alien Property, shall determine in any sale that the public interest will best be served if all or part of the regulations in this part are not applied to that sale. No such property will be sold except pursuant to the order of the Attorney General or the Director. This section does not supersede the provisions of § 505.10 of this chapter concerning the sale of certain vested stock.

(1) Authorization to offer for sale. No offering for sale shall be undertaken under this section except pursuant to an authorization executed by the Director. The authorization shall be available for inspection by persons properly and directly concerned, as specified in § 503.17 of this chapter.

(2) Eligibility. Office of Alien Property, shall otherwise direct, no person or business organization shall be qualified to bid for or purchase property if he is not an American citizen or is not a business enterprise controlled by American citizens and organized under the laws of the United States or any state or territory thereof.

Unless the Director,

(3) Advertising. At least 15 days before opening of bids, each sale shall be advertised in a newspaper of general circulation in the locality where the property or the major portion thereof is located and it may also be advertised in such other publications as the Chief, Liquidation Section, Office of Alien Property, may deem appropriate.

(4) Information and inspection. A representative of the Office of Alien Property will be designated to be available at the time and place specified in the advertisement to furnish available information with respect to the property advertised, except that confidential information, matter which might benefit competitors and any information with respect to formulae, processes or trade secrets will be furnished only upon the approval of the Director, Office of Alien Property. Opportunity for inspection of the property advertised will be afforded.

(5) Bids. Bids shall be submitted as designated in the advertisement, in writing and sealed in plain envelopes marked to identify the sale for which they are submitted. Until the award is made or all bids are rejected, the bids shall consti

tute irrevocable offers to purchase, except that bids may be withdrawn by notice of withdrawal in writing delivered to the Director prior to the time at which the first bid is opened. Bids will be opened in public at the time and place advertised in the presence of such bidders as may desire to attend. Absence of any or all bidders will not prevent the making of an award.

(6) Order of sale or rejection. Within 30 days after the opening of bids or as may otherwise be specified in the terms and conditions of sale, the Director of the Office of Alien Property will make the award by executing an Order of Sale to the highest qualified bidder or will reject all bids by an Order of Rejection, stating the reasons therefor. When an award is made, the successful bidder will be notified in writing. The Order of Sale or Rejection shall be made a matter of record as provided in § 503.17 of this chapter.

(7) Payment. The sale price shall be paid by certified cashier's or banker's check made payable to the order of the Attorney General of the United States delivered to the duly authorized representative of the Director of the Office of Alien Property.

(8) Execution of sale documents. All papers and documents to consummate sales will be executed and delivered by the Director of the Office of Alien Property or his duly authorized representative.

(9) Return of earnest money. Where earnest money checks have been received, those received from unsuccessful bidders will be returned to them with notice of rejection of their bids.

(10) Warranties. No representative of the Director, Office of Alien Property, is authorized to make any warranty or guaranty, express or implied, respecting or in any way concerning any property or enterprise being sold.

(11) Withdrawal from sale. The Director, Office of Alien Property, reserves the right to withdraw any property or enterprise from sale at any time or to reject any or all bids.

(b) Special sales. The following exceptions to paragraph (a) of this section are established for the sale of certain types of property:

(1) Property valued at less than $10,000. Property located in the United States in items, lots, or quantities which

do not exceed $10,000 in value for each such item, lot, or quantity, may be sold at public or private sale, with or without advertisement, as the authorization to offer for sale shall specify.

(2) Securities. Any shares of stock, bonds, notes, or other securities which do not constitute either control or substantial ownership of the issuer, may be sold pursuant to an authorization by the Director upon any government regulated public exchange or in an over the counter market, without prior advertisement, to any individual, corporation, partnership, or association.

[17 F. R. 11779, Dec. 30, 1952, as amended at 19 F. R. 1211, Mar. 4, 1954; 21 F. R. 764, Feb. 3, 1956; 22 F. R. 8811, Nov. 1, 1957]

§ 501.40

Public participation in substantive rule making.

(a) Submission of written or oral views on proposed rule. Within 15 days after the Director, Office of Alien Property, has published in the FEDERAL REGISTER notice of proposed substantive rule making, any person may submit in writing to the Office of Alien Property, Washington 25, D. C., a statement of his views, arguments, or other data concerning the proposed rule. The statement must be submitted in duplicate, typewritten double-spaced, and must set forth the writer's interest. Any person may, within the same period, apply in writing to the Office of Alien Property for permission to be heard orally in connection with a proposed rule, setting forth his interest and the gist of the subject-matter which he intends to present. Hearings will be allowed in the discretion of the Director, Office of Alien Property, and will be informal.

(b) Petitions on rules. Any person may submit to the Office of Alien Property, Washington 25, D. C., a petition for issuance, amendment, or repeal of a rule. The petition must be in duplicate, typewritten double-spaced, and must set forth petitioner's interest, the desired change or proposal, and supporting reasons. If the Director, Office of Alien Property, deems the petition meritorious, appropriate action will be taken to effectuate the petitioner's proposal. If the petition is denied, in whole or in part, prompt notice of denial will be given.

[13 F. R. 9501, Dec. 31, 1948]