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

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

ful 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 FR 11779, Dec. 30, 1952, as amended at 19 FR 1211, Mar. 4, 1954; 21 FR 764, Feb. 3, 1956; 22 FR 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, D.C. 20530, 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, D.C. 20530, a petition for issuance, amendment, or repeal of a rule. The petition must be in duplicate, typewritten doublespaced, 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 FR 9501, Dec. 31, 1948]

§ 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, D.C. 20530, 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 FR 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 FR 9501, Dec. 31, 1948, as amended at 17 FR 11780, Dec. 30, 1952; 19 FR 1211, Mar. 4, 1954; 21 FR 1579, Mar. 14, 1956]

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 right License Agreement.

Copy

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