§ 501.45 Renewal of licenses.

Application for renewal of any license, authorization, permit, certificate, approval, registration, or other form of permission, with reference to an activity of a continuing nature, shall be filed with the Office of Alien Property, Washington 25, D.C., not less than thirty days prior to the expiration date thereof, unless otherwise provided therein. In the case of permissions originally granted for less than 45 days, the activity shall be deemed not to be of a continuing nature, and the permission shall be nonrenewable, except as may be otherwise expressly provided.

[19 F. R. 1211, Mar. 4, 1954] § 501.50

Licensing.

(a) Licenses with respect to transactions, transfers, or other dealings prohibited under Executive Order No. 8389 (3 CFR, 1943 Cum. Supp.), as amended, or under the regulations of the Office of Alien Property, are issued by the Director or any agency, instrumentality, agent, delegate, assistant or other personnel, appointed or designated by him.

(b) Transactions with respect to property over which jurisdiction has been transferred by Executive Order 9989 (3 CFR, 1948 Supp.), and continued in force by Executive Order 10348 (3 CFR, 1952 Supp.), not authorized by general licenses or other public documents, may be effected only under specific licenses. Applications for specific licenses shall be filed in duplicate on Form OAP-200 with the Office of Alien Property, Washington 25, D. C.

(c) Applications for licenses and authorizations, other than those pursuant to paragraph (b) of this section, are to be filed with the Office of Alien Property. No particular forms are prescribed therefor.

(d) In cases where the allowance of claim under sections 9 (a), 32 or 34 of the Trading with the Enemy Act, as amended, or section 207 (b) or 208 (a) of the International Claims Settlement Act of 1949, as amended, requires the granting of a license the notice of claim shall be deemed to include an application for such license and no separate application for such license need be filed.

[13 F. R. 9501, Dec. 31, 1948, as amended at 17 F. R. 11780, Dec. 30, 1952; 19 F. R. 1211, Mar. 4, 1954; 21 F. R. 1579, Mar. 14, 1956]

The following forms have been authorized for use by the public and may be obtained upon request to the Office of Alien Property, Department of Justice, Washington 25, D.C.

Form APC-1A Notice of Claim Under Section 32.

Purpose: For use by persons seeking return, under section 32 of the Trading With the Enemy Act, of property vested by the Alien Property Custodian or the Attorney General.

Contents: Claimant's name and address; claimant's agent and fees; identification and value of property claimed; characterization of claimant; characterization of owner at date of vesting; chain of title.

Form APC-1C Notice of Claim Under Section 34.

Purpose: For use by persons seeking payment of debts under section 34 of the Trading With the Enemy Act.

Contents: Claimant's name, address, citizenship; claimant's agent, fees; identification of debtor and property; amount, nature and date of debt.

Form OAP-20 Report of Royalty Payment on Patent.

Purpose: For use by persons making payments of royalties due the Attorney General.

Contents: Name and address of reporter; patent number; due date and period covered by payment; computation of royalties due; explanation, if payment does not accompany report; party to whom payment was due prior to vesting.

Form APC-25 Royalty-Bearing Copyright License Agreement.

Purpose: Generally used by the Director, Office of Alien Property, in the licensing of commercial or royalty-bearing copyrights.

Contents: A long form covering the varied circumstances which generally arise in the licensing of royalty-bearing copyrights and containing a number of special features resulting from the peculiar nature of the Attorney General's title to vested property.

Form APC-26 Royalty-Free Copyright License Agreement

Purpose: Generally used by the Director, Office of Alien Property, in licensing copyrights on a nonroyalty and nonexclusive basis.

Contents: A short form covering the licensed use, the term of the license and the fee to be paid, and containing several further clauses protecting the rights of the Attorney General.

Form APC-30 Royalty-Free Patent License Agreement.

Purpose: For use by the Director, Office of Alien Property, in granting royalty-free, nonexclusive and nontransferable licenses under vested patents to Americans.

Contents: The form contains a statement of the terms under which the license is granted

Form APC-40 Application for License to Republish Books

Purpose: For use in applying to the Director, Office of Alien Property, for a license to republish books.

Contents: Description of applicant; description of original work; description of proposed reproduction.

Form APC-41 Application for License to Republish Musical Composition ̧

Purpose and contents: This form is substantially the same as Form APC-40, except that it is used in applying for a license to republish a musical composition.

Form APC-43 Offer to Purchase Vested Real Property.

Purpose: For use by persons submitting to the Director, Office of Alien Property, an offer to purchase real property.

Contents: Offer to purchase; description of property; terms of offer; affidavit that offeror is citizen of the United States and is not buying in order to circumvent provisions of Trading With the Enemy Act.

Form APC-46 Report of Royalty Payments on Copyrights Subsequent to Vesting.

Purpose and contents: This form is substantially similar to Form APC-45, except that it is used to report royalties on vested copyrights which became due subsequent to the date of vesting.

Form APC-51 Report of Royalty Payments on Trade-Marks Subsequent to Vesting.

Purpose and contents: This form is substantially similar to Form APC-50, except that it is used to report royalties on vested trade-marks which become due subsequent to the date of vesting.

Form APC-53 Request by Licensee for Loan of Motion Picture Film.

Purpose: For use in requesting the loan of a motion picture film from the Director, Office of Alien Property; also used as a loan agreement.

Contents: Terms of the loan agreement. Form APC-53A Request by Non-Licensee for Loan of Motion Picture Film.

Purpose: For use in requesting the loan of a motion picture film from the Director,

Office of Alien Property; also used as a loan agreement.

Contents: Terms of the loan agreement.

Form APC-54 Report on Use of Licensed Patent.

Purpose: For use by a licensee under Form APC-30 in reporting the use he has made of the patent during the calendar year.

Contents: Name and address of licensee; patents covered in report; uses of patents; goods made, used, and sold; other operations.

Form APC-64 Patent License.

Purpose: For use by the Director, Office of Alien Property, in granting nonexclusive, royalty-bearing licenses under vested patents.

Contents: The form contains a statement of the terms under which the license is granted.

Form OAP-200 Application for license authorizing transactions involving blocked property.

Purpose: For use by applicants desiring licenses for any transaction or transactions with respect to property blocked under Executive Order 8389, as amended (3 CFR, 1943 Cum. Supp.), not authorized by Part 511 of this chapter.

Contents: Name, address, citizenship, and nationality of applicant; name, addresses, and nationalities of all parties to transactions; and detailed statement of nature and purpose of transactions.

Form SA-1A, Notice of Claim for Return of Property Under Section 207 (b) of the International Claims Settlement Act of 1949, as Amended.

Purpose: For use by persons seeking return under section 207 (b) of the International Claims Settlement Act of 1949, as amended, of property vested by the Attorney General of the United States.

Contents: Claimant's name and address; claimant's agent and fees; identification and value of property claimed; characterization of claimant; characterization of owner at date of vesting; chain of title.

Form SA-1C Notice of Claim for Payment of Debt Under Section 208 (a) of the International Claims Settlement Act of 1949, as Amended.

Purpose: For use by persons seeking payment of debts under section 208 (a) of the International Claims Settlement Act of 1949, as amended.

Contents: Claimant's name, address, citizenship when debt was incurred, and residence since December 7, 1941; claimant's agent and fees; identification of debtor and property; amount, nature and date of debt. [13 F. R. 9501, Dec. 31, 1948, as amended at 17 F. R. 2483, Mar. 22, 1952; 17 F. R. 11780, Dec. 30, 1952; 19 F. R. 1211, Mar. 4, 1954; 21 F. R. 1579, Mar. 14, 1956]

502.27

502.28

502.29

502.30

502.31

502.100

502.101

502.102

502.103

Computation of time.

Continuances and extensions.
Filing of debt claims by depositors
of Yokohama Specie Bank, Ltd.,
Honolulu Branch.

Filing of claim as condition prece

dent to suit under the Trading With the Enemy Act, as amended. Effect of disallowance of claim in determining period of limitations for filing suit under the Trading With the Enemy Act, as amended.

Subpart B-Title Claims

Definitions.

Order of processing.

Procedure for allowance without hearing.

Requirement for hearing.

502.104 Hearing calendar.

502.105 National interest under the Trading With the Enemy Act, as amended. 502.106 Publication of notice of intention to return vested property under the Trading With the Enemy Act, as amended.

502.107

502.108

502.109

502.110

Revocation of notice of intention to return vested property under the Trading With the Enemy Act, as amended.

Return order.

Final audit.

Return of vested property.

Sec. 502.200 502.201

502.202

502.203

502.204

Subpart C-Debt Claims

Definitions.

Procedure for allowance and payment without hearing of claims against debtors' solvent estates. Claims against debtors' insolvent estates.

Requirement for hearing.

Payment of allowed claims.

502.205 Future payments.

Subpart D-General Claims

502.300 General claims.

AUTHORITY: The provisions of this Part 502 issued under 40 Stat. 411, as amended, 69 Stat. 562; 50 U.S.C. App. 1-40; 22 U.S.C. 1631. 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, 3 CFR, 1946 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.

SOURCE: The provisions of this Part 502 appear at 25 F.R. 2152, Mar. 16, 1960.

(a) Sections 502.1 to 502.31 shall be applicable solely to title and to debt claims.

(b) Sections 502.100 to 502.110 shall be applicable solely to title claims.

(c) Sections 502.200 to 502.205 shall be applicable solely to debt claims.

(d) Section 502.300 shall be applicable to all claims other than title and debt claims as defined in § 502.2 (e) and (f). § 502.2 Definitions.

As used in this part, unless the context otherwise requires:

(a) The term "act" means the Trading With the Enemy Act, as amended, or the International Claims Settlement Act of 1949, as amended. The term "section" refers to a section of either act.

(b) The term "Office" means the Office of Alien Property.

(c) The term "rules" means the rules of the Office set forth in this part.

(d) The term "Director" means the Director, Office of Alien Property, or other person duly authorized to perform his functions.

(e) The term "title claim" means a claim under section 9(a) of the Trading With the Enemy Act, as amended, filed more than two years after the date of

vesting in or transfer to the Alien Property Custodian or Attorney General of the property or interest in respect of which the claim is made, or a claim under section 32 of the Act, as amended, or under section 207 (b) of the International Claims Settlement Act of 1949, as amended.

(f) The term "debt claim" means a claim under section 34 of the Trading With the Enemy Act, as amended, or section 208(a) of the International Claims Settlement Act of 1949, as amended.

(g) The term "claim" refers to a title claim or a debt claim and shall include the Notice of Claim form, any amendment thereto, and such other material as may have been filed by the claimant with respect to the claim.

(h) The term "excepted claim" means (1) any title claim which involves the return of assets having a value of $50,000 or more, and any debt claim in the amount of $50,000 or more; (2) any title claim which the Director finds will, as a practical matter, control the disposition of related title claims involving, with the principal claim, assets having a value of $50,000 or more; and any debt claim which the Director finds will, as a practical matter control the disposition of related debt claims in the aggregate amount, including the principal claim, of $50,000 or more; (3) any title claim or debt claim presenting a novel question of law or a question of policy which, in the opinion of the Director, should receive the personal attention of the Attorney General.

(i) The term "non-excepted claim" shall mean any claim other than an "excepted claim.”

(j) The term "claimant" means the person in whose behalf a claim is filed.

(k) The term "claim proceeding" means the administrative processing of a claim and includes the claim.

(1) The term "parties" includes the claimant on the one hand and the Chief of the Claims Section on the other.

(m) The term "vested property" means any property or interest vested in or transferred to the Alien Property Custodian or the Attorney General of the United States pursuant to the act (other than any property or interest so acquired by the United States prior to December 18, 1941), or the net proceeds thereof.

(n) The term "filing" means receipt by the Office or appropriate officer or employee thereof.

(o) The term "Chief Hearing Examiner" refers to the hearing examiner designated as such by the Director.

(p) The term "docketed claim" means a claim which has been referred by the Director or the Chief of the Claims Section to the Chief Hearing Examiner for hearing and has been given a docket number.

(q) The term "hearing” means the proceedings upon a docketed claim. § 502.3 Indispensable party.

The Chief of the Claims Section shall be a necessary party in all claims proceedings.

§ 502.4 Appearance.1

(a) A claimant may appear in a claim proceeding in person or may be represented by an agent, attorney in fact or at law. A member of a partnership may represent. the partnership; an officer of a corporation, trust or association may represent the corporation, trust or association, and an officer or employee of a federal, state or territorial agency, office or department may represent the agency, office or department.

as

(a) Subject to the provisions of sections 33 and 34(b) of the Trading With the Enemy Act, as amended, or sections 208(b) and 210 of the International Claims Settlement Act of 1949, amended, the claimant may amend his claim prior to hearing or after the opening of a hearing in a claim proceeding by consent of the Chief of the Claims Section or as allowed by the Hearing Examiner or the Director.

(b) The claimant may at any time withdraw his claim by notice in writing to that effect.

§ 502.8 Order for hearing.

The Director, or the Hearing Examiner in any docketed claim proceeding, may issue an order for hearing. In fixing the time for hearing, due regard shall be given to the status of the claim proceeding and the convenience of the parties. The order shall specify the time, place, and nature of the hearing. The order shall be served on all parties a reasonable time, but not less than ten (10) days in advance of the hearing, unless the parties shall agree to a shorter time.

§ 502.9 Designation of Hearing Examiner.

Prior to a hearing, a Hearing Examiner shall be designated by the Chief Hearing Examiner.

§ 502.10 Removal of a claim proceeding and hearing by the Director. The Director may personally conduct a hearing and may exercise the other functions appropriate to the Hearing Examiner. The Director at any stage of a claim proceeding before a Hearing Examiner, may remove the claim proceeding from the Hearing Examiner. De

cisions of the Director under this section shall first be issued in tentative form and the Director shall fix a time within which all parties may submit exceptions and briefs with reference thereto and after which he shall render his final decision. In the case of non-excepted claims, this decision shall be the decision of the Office. In the case of excepted

claims, the Director shall deliver a copy of this decision to the Attorney General immediately upon its issuance, together with the record and all exceptions and briefs. Such decision shall become the decision of the Office unless within 60 days from the date thereof the Attorney General by order directs review thereof. An order for review shall fix a time within which the parties may submit exceptions and briefs with reference to the decision of the Director. After the expiration of such time the Attorney General shall render a final decision which shall be the decision of the Office. The decision of the Attorney General shall be returned to the Director for service on all parties and for the Director's further action in accordance with the rules in this part.

§ 502.11 Pre-hearing conferences.

(a) At any time after a claim has been docketed with the Chief Hearing Examiner and prior to hearing, the Hearing Examiner may arrange for the parties to appear before him at a designated time and place for the purpose of determining the issues between the parties and obtaining admissions or stipulations with respect to any matters, records, or documents which will be relied upon by any party at the hearing.

(b) At the conclusion of the conference, the Hearing Examiner shall prepare an order setting forth the issue or issues to be determined at the hearing and describing the matters, records, or documents which the parties have admitted or stipulated. Such order shall be presented to each of the parties for their approval and when approved by them shall be made a part of the record in the claim proceeding and shall be conclusive as to the action embodied therein. § 502.12 Consolidation of claims.

The Director, the Chief Hearing Examiner, or the designated Hearing Examiner, may, where such action will