Imagini ale paginilor
PDF
ePub

CHAPTER 11-OFFICE OF ALIEN PROPERTY

DEPARTMENT OF JUSTICE

[blocks in formation]

OF

PART 501-GENERAL RULES OF ment of Justice, an official seal. The seal PROCEDURE

is described as follows, and Illustrated beSec.

low: A circle within which shall appear 501.1 Seal of the Ofice of Alien Property, an eagle, with wings displayed, resting Department of Justice.

upon a building, the scales of justice 501.17 Copy of process, or accounting or suspended between the wing-tips. Ex

notice required to be sent to the terior to this circle and within a circumOffice of Alien Property in certain

scribed circle shall appear in the upper cases.

part the words “Department of Justice”, 501.25 Uniform procedure for sales of vested property.

and in the lower part the words “Office 501.40 Public participation in substantive

of Alien Property”. rule making. 501.45 Renewal of licenses. 501.50 Licensing. 501.60 Reporting concerning certain prop

erty. 501.80 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, 163116412, E.O. 9193, July 6, 1942, 7 F.R. 5205, 3 CFR, 1943 Cum. Supp.; E.O. 9725, May 16, 1946, 11 FR. 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. $ 501.1 Seal of the Office of Alien Prop

(b) The seal is in duplicate original; erty, Department of Justice.

one in the custody of the Assistant to (a) There is hereby established in and the Records Officer and one in the cusfor the Office of Alien Property, Depart- tody of the Manager, Philippine Office.

DEPARTMEN

JUSTICE

*

OFFICE OFT

ALIEN

PROPERTY

The Records Officer and the Assistant to Director, Office of Alien Property, shall the Records Officer are severally author- determine in any sale that the public ized to authenticate, certify, and attest interest will best be served 11 all or copies of books, records, papers, and part of the regulations in this part are documents in the official custody of the not applied to that sale. No such propOffice of Alien Property; to subscribe the erty will be sold except pursuant to the name of the Director, the Deputy Direc- order of the Attorney General or the tor, or the Acting Director to such cer- Director. This section does not supertificates, and to afix the seal of the sede the provisions of $ 505.10 of this Office of Alien Property. The Manager, chapter concerning the sale of certain Philippine Office, is authorized to au- vested stock. thenticate, certify, and attest copies of (1) Authorization to offer for sale. No books, records, papers, and documents offering for sale shall be undertaken in the official custody of the Office of under this section except pursuant to an Alien Property, as successor to the Philip- authorization executed by the Director. pine Alien Property Administration; to The authorization shall be available for subscribe the name of the Director, the inspection by persons properly and diDeputy Director, or the Acting Director

rectly concerned, as specified in 503.17 to such certificates, and to affix the seal of this chapter. of the Office of Alien Property.

(2) Eligibility. Unless the Director, (c) Failure to affix the seal provided Office of Alien Property, shall otherwise for in this section shall not affect the direct, no person or business organizavalidity of any document not otherwise tion shall be qualified to bid for or purrequired to be under seal.

chase property if he is not an American (12 F.R. 3602, June 4, 1947, as amended at citizen or is not a business enterprise 17 F.R. 11779, Dec. 30, 1952]

controlled by American citizens and $ 501.17 Copy of process, or account

organized under the laws of the United ing or notice required to be sent to States or any state or territory thereof. the Office of Alien Property in cer- (3) Advertising. At least 15 days betain cases.

fore opening of bids, each sale shall be (a) Copy of any process, accounting or

advertised in a newspaper of general cirnotice in any court or administrative ac

culation in the locality where the proption or proceeding involving property

erty or the major portion thereof is which has been vested in or transferred

located and it may also be advertised in to the Alien Property Custodian or the

such other publications as the Chief, Attorney General of the United States Liquidation Section, Ofice of Alien Propmust be sent by registered mail to the

erty, may deem appropriate. Office of Alien Property, Department of (4) Information and inspection. A Justice, Washington 25, D.C., not less representative of the Ofice of Alien than thirty days prior to the date on Property will be designated to be avall. which action pursuant to such process, able at the time and place specified in accounting or notice is to be taken.

the advertisement to furnish available (b) Such process or accounting or information with respect to the property notice shall otherwise conform to the advertised, except that confidential inrules, orders or practice of the court or formation, matter which might benefit administrative body issuing such process competitors and any information with or notice or in which such accounting respect to formulae, processes or trade is filed.

secrets will be furnished only upon the (19 F.R. 1210, Mar. 4, 1954]

approval of the Director, Office of Alien

Property. Opportunity for inspection of $ 501.25 Uniform procedure for sales the property advertised will be afforded. of vested property.

(5) Bids. Bids shall be submitted as (a) General sales. Except as provided designated in the advertisement, in writin paragraph (b) of this section, all sales ing and sealed in plain envelopes marked of property vested in or transferred to to identify the sale for which they are the Attorney General under the Trading submitted. Until the award is made or with the Enemy Act, as amended, or all bids are rejected, the bids shall constiunder Title II of the International tute irrevocable offers to purchase, Claims Settlement Act of 1949 shall except that bids may be withdrawn by be conducted according to the procedures notice of withdrawal in writing delivered set forth in this section, unless the to the Director prior to the time at which the first bid is opened. Bids will be (2) Securities. Any shares of stock, opened in public at the time and place bonds, notes, or other securities which advertised in the presence of such bid- do not constitute either control or subders as may desire to attend. Absence stantial ownership of the issuer, may be of any or all bidders will not prevent the sold pursuant to an authorization by the making of an award.

Director upon any government regulated (6) Order of sale or rejection. Within public exchange or in an over the counter 30 days after the opening of bids or as market, without prior advertisement, to may otherwise be specified in the terms any individual, corporation, partnership, and conditions of sale, the Director of the or association. Office of Alien Property will make the (17 F.R. 11779, Dec. 30, 1952, as amended at award by executing an Order of Sale to 19 F.R. 1211, Mar. 4, 1954; 21 F.R. 764, Feb. the highest qualified bidder or will reject

3, 1956; 22 F.R. 8811, Nov. 1, 1957) all bids by an Order of Rejection, stating $ 501.40 Public participation in subthe reasons therefor. When an award is stantive rule marking: made, the successful bidder will be

(a) Submission of written or oral notified in writing. The Order of Sale or

views on proposed rule. Within 15 days Rejection shall be made a matter of

after the Director, Office of Allen Proprecord as provided in $ 503.7 of this

erty, has published in the FEDERAL chapter.

REGISTER notice of proposed substantive (7) Payment. The sale price shall be

rule making, any person may submit paid by certified cashier's or banker's

in writing to the Office of Alien check made payable to the order of the

Property, Washington 25, D.C., a stateAttorney General of the United States

ment of his views, arguments, or other delivered to the duly authorized repre

data concerning the proposed rule. The sentative of the Director of the Office of

statement must be submitted in duAlien Property.

plicate, typewritten double-spaced, and (8) Execution of sale documents. All

must set forth the writer's interest. Any papers and documents to consummate

person may, within the same period, apsales will be executed and delivered by

ply in writing to the Office of Allen Propthe Director of the Office of Allen Prop

erty for permission to be heard orally erty or his duly authorized representa- in connection with a proposed rule, settive.

ting forth his interest and the gist of (9) Return of earnest money. Where

the subject-matter which he intends to earnest money checks have been re

present. Hearings will be allowed in ceived, those received from unsuccessful the discretion of the Director, Office of bidders will be returned to them with Alien Property, and will be informal. notice of rejection of their bids.

(b) Petitions on rules. Any person (10) Warranties. No representative may submit to the Office of Alien Propof the Director, Office of Alien Property, erty, Washington 25, D.C., a petition is authorized to make any warranty or

for issuance, amendment, or repeal of guaranty, express or implied, respecting

a rule. The petition must be in duplior in any way concerning any property

cate, typewritten double-spaced, and or enterprise being sold.

must set forth petitioner's interest, the (11) Withdrawal from sale. The Di

desired change or proposal, and supportrector, Office of Alien Property, reserves

ing reasons. If the Director, Office of the right to withdraw any property or enterprise from sale at any time or to

Alien Property, deems the petition meri

torious, appropriate action will be taken reject any or all bids.

to effectuate the petitioner's proposal. (b) Special sales. The following ex

If the petition is denied, in whole, or in ceptions to paragraph (a) of this section are established for the sale of certain part, prompt notice of denial will be types of property:

given. (1) Property valued at less than (13 F.R. 9501, Dec. 31, 1948) $10,000. Property located in the United

$ 501.45 Renewal of licenses. States in items, lots, or quantities which do not exceed $10,000 in value for each Application for renewal of any license, such item, lot, or quantity, may be sold authorization, permit, certificate, apat public or private sale, with or without proval, registration, or other form of advertisement, as the authorization to permission, with reference to an activity offer for sale shall specify.

of a continuing nature, shall be filed

171

[ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors]

with the Office of Alien Property, Wash- required to be made or filled with
ington 25, D.C., not less than thirty days the Treasury Department, are on and
prior to the expiration date thereof, un- after October 1, 1948, required to be made
less otherwise provided therein. In the or filed with the Office of Allen Property.
case of permissions originally granted
for less than 45 days, the activity shall be

[14 F.R. 2850, June 1, 1949]
deemed not to be of a continuing nature, $ 501.80 Forms.
and the permission shall be nonrenew- The following forms have been au-
able, except as may be otherwise ex-

thorized for use by the public and may pressly provided.

be obtained upon request to the Office (19 F.R. 1211, Mar. 4, 1954)

of Alien Property, Department of Justice $ 501.50 Licensing.

Washington 25, D.C. (a) Licenses with respect to transac- Form APC-1A Notice of Claim Under Sec. tions, transfers, or other dealings pro

tion 32. hibited under Executive Order No. 8389

Purpose: For use by persons seeking re

turn, under section 32 of the Trading with (3 CFR, 1943 Cum. Supp.), as amended,

the Enemy Act, of property vested by the or under the regulations of the Office of

Alien Property Custodian or the Attorney Alien Property, are issued by the Direc- General. tor or any agency, instrumentality, Contents: Claimant's name and address; agent, delegate, assistant or other per- claimant's agent and fees; identification and sonnel, appointed or designated by him. value of property claimed; characterization (b) Transactions with respect to prop

of claimant; characterization of owner at

date of vesting; chain of title. erty over which jurisdiction has been

Form APC-10 Notice of Claim Under transferred by Executive Order 9989 (3

Section 34. CFR, 1948 Supp.), and continued in

Purpose: For use by persons seeking payforce by Executive Order 10348 (3 CFR,

ment of debts under section 34 of the Trad. 1952 Supp.), not authorized by general ing with the Enemy Act. Licenses or other public documents, may Contents: Claimant's name, address, citi. be effected only under specific licenses. zenship; claimant's agent, fees; identifica

tion of debtor and property; amount, nature Applications for specific licenses shall be

and date of debt. filed in duplicate on Form OAP-200 with

Form OAP-20 Report of Royalty Payment the Office of Alien Property, Washing

on Patent. ton 25, D.C.

Purpose: For use by persons making pay. (c) Applications for licenses and au- ments of royalties due the Attorney General.

Contents: Name and address of reporter; thorizations, other than those pursuant

patent number; due date and period covered to paragraph (b) of this section, are to

by payment; computation of royalties due; be filed with the Office of Alien Property.

explanation, if payment does not accompany No particular forms are prescribed there

report; party to whom payment was due prior for.

to vesting. (d) In cases where the allowance of

Form APC-25 Royalty-Bearing Copyright

License Agreement. claim under sections 9(a), 32 or 34 of

Purpose: Generally used by the Director, the Trading with the Enemy Act, as

Office of Allen Property, in the licensing of amended, or section 207(b) or 208(a)

commercial or royalty-bearing copyrights. of the International Claims Settlement

Contents: A long form covering the varied Act of 1949, as amended, requires the

circumstances which generally arise in the

licensing of royalty-bearing copyrights and granting of a license the notice of claim

containing a number of special features reshall be deemed to include an application

sulting from the peculiar nature of the Atfor such license and no separate appli

torney General's title to vested property. cation for such license need be filed.

Form APC-26 Royalty-Free Copyright Li

cense Agreement. 113 F.R. 9501, Dec. 31, 1948, as amended at 17 F.R. 11780, Dec. 30, 1952; 19 F.R. 1211,

Purpose: Generally used by the Director,

Office of Alien Property, in licensing copy. Mar. 4, 1954; 21 F.R. 1579, Mar. 14, 1956]

rights on a nonroyalty and nonexclusive $ 501.60 Reporting concerning certain

basis. property.

Contents: A short form covering the 11

censed use, the term of the license and the All reports, forms, and other com

fee to be paid, and containing several further munications concerning property over

clauses protecting the rights of the Attorney which jurisdiction has been transferred

General. by Executive Order No. 9989, (3 CFR,

Form APC-30 Royalty-Free Patent License 1948 Supp., p. 158), which have been

Agreement.

[merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors]

Patent.

Purp 19C-30 the

Conte tents

js 1 Form

« ÎnapoiContinuați »