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505 Specific prohibitions.
CHAPTER II-OFFICE OF ALIEN PROPERTY DEPARTMENT OF JUSTICE
PART 501-GENERAL RULES OF PROCEDURE
General rules of procedure. Rules of procedure for claims. Availability of records. Vesting orders.
Patents, trade-marks and copyrights. Reports.
Seal of the Office of Alien Property,
Uniform procedure for sales of vested property.
Public participation in substantive rule making.
Renewal of licenses.
Reporting concerning certain prop
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 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.
Seal of the Office of Alien Property, Department of Justice.
ment 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".
(a) There is hereby established in and for the Office of Alien Property, Depart
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.
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 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 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 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 marking:
(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]
§ 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]
§ 501.60 Reporting concerning certain property.
All reports, forms, and other communications concerning property over which jurisdiction has been transferred by Executive Order No. 9989, (3 CFR, 1948 Supp., p. 158), which have been
required to be made or filed with the Treasury Department, are on and after October 1, 1948, required to be made or filed with the Office of Alien Property. [14 F.R. 2850, June 1, 1949]
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.
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 become 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.