Code of Federal Regulations: Containing a Codification of Documents of ...

Sec.

PART 501-GENERAL RULES OF PROCEDURE

501.1 Seal of the Office of Alien Property, Department of Justice.

501.17 Copy of process, or accounting or notice required to be sent to the Office of Alien Property in certain cases. 501.25 Uniform procedure for sales of vested property.

501.40 Public participation in substantive rule making.

501.45 Renewal of licenses.

501.50 Licensing.

501.60 Reporting concerning certain property.

501.80 Forms.

AUTHORITY: 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, 1631-1641q, E.O. 9193, July 6, 1942. 7 FR 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 FR 11981, 12123, 3 CFR, 1946 Supp.; E.O. 9989, Aug. 20, 1948, 13 FR 4891, 3 CFR, 1948 Supp.; E.O. 10254, June 15, 1951, 16 FR 5829, 3 CFR, 1951 Supp.; E.O. 10644, Nov. 7, 1955, 20 FR 8363; 3 CFR, 1955 Supp.

§ 501.1 Seal of the Office of Alien Property, Department of Justice.

(a) There is hereby established in and for the Office of Alien Property, Department of Justice, an official seal. The seal is described as follows, and illustrated below: A circle within which shall appear an eagle, with wings displayed, resting upon a building, the scales of justice suspended between the wing-tips. Exterior to this circle and within a circumscribed circle shall appear in the upper part the words "Department of Justice," and in the lower part the words "Office of Alien Property."

DEPARTMENT

OFFICE OF ALIEN

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. 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 FR 3602, June 4, 1947, as amended at 17 FR 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, D.C. 20530, 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 pro

cess or notice or in which such accounting is filed.

[19 FR 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. Unless the Director, 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.

(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 avail

able 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 constitute 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 § 503.7 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 unsuccess

§ 501.1 Seal of the Office of Alien Property, Department of Justice.

(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 FR 3602, June 4, 1947, as amended at 17 FR 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.

(b) Such process or accounting or notice shall otherwise conform to the rules, orders or practice of the court or administrative body issuing such pro

cess or notice or in which such accounting is filed.

[19 FR 1210, Mar. 4, 1954]

§ 501.25 Uniform procedure for sales of vested property.

(4) Information and inspection. A representative of the Office of Alien Property will be designated to be avail

(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 unsuccess

examination provided for in paragraphs (a) and (b) of this section. The assigned officer shall have authority to administer oaths or affirmations; to present and receive evidence; to rule upon offers of proof; to take or cause to be taken depositions or interrogatories; to regulate the course of the examination; to examine and cross-examine all witnesses appearing in the proceedings; to grant or order continuances; to consider and rule upon objections to the introduction of evidence; to make a report and recommendation to the district director as to whether the application shall be granted or denied, and to take such other action as may be appropriate to the conduct of the examination and the disposition of the application.

(e) Conduct of examination. The assigned officer shall, at the commencement of his examination of the claimant and the acting parent or guardian, advise them of their rights as set forth in paragraphs (a) and (f) of this section, and shall interrogate them under oath or affirmation with regard to each assertion made in the application and any other matter pertinent to the claim to citizenship; in addition, he shall interrogate each witness with regard to pertinent matters within the personal knowledge of the witness, such as the relationship between the claimant and the citizen source or sources; the citizenship of the latter, and any possible expatriatory acts performed by the claimant and the citizen source or sources. He may, in his discretion, have a transcript made of the testimony. At the conclusion of the examination of the claimant or the acting parent or guardian, all corrections made on the application form shall be consecutively numbered and recorded in the space provided therefor in the form. The affidavit shall then be signed and sworn to or affirmed by the claimant or the acting parent or guardian; and the remainder of the affidavit completed and signed by the assigned officer.

(f) Representation during proceedings. The claimant shall have the right to representation during the proceedings, as provided in Part 292 of this chapter, and such representative shall have the right to examine and

cross-examine witnesses appearing in the proceedings; to introduce evidence; to object to the introduction of evidence, which objections shall be stated succinctly and entered on the record, and to submit briefs. If the claimant is not represented by an attorney or representative, the assigned officer shall assist him in the introduction of all evidence available in his behalf.

(g) Assignment of additional officer. The district director may, in his discretion, assign an officer of the Service to examine and cross-examine the applicant and any witnesses produced by the applicant or by the Government and present evidence pertinent to the applicant's claim to citizenship. The officer of the Service assigned to conduct the examination under this part may take such part in the proceedings as he may deem necessarv.

[30 FR 5472, Apr. 16, 1965; 30 FR 5621, Apr. 21, 1965, as amended at 32 FR 6260, Apr. 21, 1967; 32 FR 14889, Oct. 27, 1967; 36 FR 1247, Jan. 27, 1971; 37 FR 2767, Feb. 5, 1972]

§ 341.3 Depositions.

If satisfied that a witness whose testimony is essential is not available for examination in the United States, the assigned officer may authorize the taking of a deposition abroad by written interrogatories before an officer of the Service or a United States consular official.

§ 341.4 Surrender of immigration documents.

Each claimant shall surrender any immigration identification and alien registration receipt cards in his possession.

§ 341.5 Report and recommendation.

The officer assigned to act on the application shall prepare a report containing his findings and recommendation, by completing the preprinted form in the Form N-600 application, or by formal order, as appropriate. The record, including the report and recommendation, shall be submitted to the district director, who shall sign the report either approving or disapproving the recommendation.

[30 FR 5472, Apr. 16, 1965, as amended at 38 FR 5997, Mar. 6, 1973]

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