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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 FR. 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 substantivo (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., & 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 Ofice 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 Alien Propthe Director of the Office of Alien 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, Ofice 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 Allen Propof the Director, Office of Allen Property, erty, Washington 25, D.C., & 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 Allen Property, reserves

ing reasons. If the Director, Office of the right to withdraw any property or

Alien Property, deems the petition merienterprise from sale at any time or to reject any or all bids.

torious, appropriate action will be taken

to effectuate the petitioner's proposal. (b) Special sales. The following exceptions to paragraph (a) of this section If the petition is denied, in whole, or in 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 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 Ofice of Allen Property. case of permissions originally granted

(14 F.R. 2850, June 1, 1949) for less than 45 days, the activity shall be deemed not to be of a continuing nature, $ 501.80 Forms. and the permission shall be nonrenew- The following forms have been auable, 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

Allen Property Custodian or the Attorney Alien Property, are issued by the Direc- General, tor or any agency, instrumentality, Contents: Clain at'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-1C 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. thorizations, other than those pursuant Contents: Name and address of reporter; to paragraph (b) of this section, are to patent number; due date and period covered be filed with the Office of Alien Property.

by payment; computation of royalties due;

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 claim under sections 9(a), 32 or 34 of License Agreement. the Trading with the Enemy Act, as

Purpose: Generally used by the Director,

Office of Alien Property, in the Ucensing 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 granting of a license the notice of claim licensing of royalty-bearing copyrights and shall be deemed to include an application

containing a number of special features re

sulting from the peculiar nature of the At. for such license and no separate appl

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

Form APC-26 Royalty-Free Copyright Llo (13 F.R. 9501, Dec. 31, 1948, as amended at cense Agreement. 17 F.R. 11780, Dec. 30, 1952; 19 F.R. 1211, Purpose: Generally used by the Director, Mar. 4, 1954; 21 F.R. 1579, Mar. 14, 1956] Office of Alien Property, in licensing copy

rights on & nonroyalty and nonexclusivo $ 501.60 Reporting concerning certain basis. property.

Contents: A short form covering the liAll reports, forms, and other com

censed use, the term of the license and the munications concerning property over

fee to be paid, and containing several further

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.

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

Contents: The form contains & 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 Direc. tor, Office of Allen 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 18 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-534 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 an 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 208a 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)

PART 502-RULES OF PROCEDURE

FOR CLAIMS

Subpart A-General Rules

Sec. 502.1 502.2 502.3 502.4 502.5 502.6 502.7

Scope of part.
Definitions.
Indispensable party.
Appearance.
Intervention.
Forms.
Amendment and withdrawal of

claim.
Order for hearing.
Designation of Hearing Examiner.

502.8 502.9

Sec. 502.10

602.11 502.12 502.13 802.14 502.15 602.16 502.17 502.18 602.19 602.20 502.21 502.22 602.23

Removal of a claim proceeding and

hearing by the Director. Pre-hearing conferences. Consolidation of claims. Hearings. Witnesses. Subpoenas. Depositions. Documents in & foreign language. Motions. Withdrawal of papers. Oral argument. Proposed findings and conclusions. Hearing Examiner's decision. Review of the Hearing Examiner's

recommended decision. Walver by the Director or the At

torney General. Motion to dismiss. Service. 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 sult under the Trading With the Enemy Act, as amended.

602.24

502.25 502.26 502.27 502.28 502.29

602.30

602.31

Subpart D-General Claims Sec. 502.300 General claims.

AUTHORITY: The provisions of this Part 50% 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 FR. 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 FR. 8363, 3 CFR, 1955 Supp.

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

Subpart A-General Rules $ 502.1 Scope of part.

(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 g 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 & 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.

Subpart BTitle Claims

602.100 Definitions. 602.101 Order of processing. 602.102 Procedure for allowance without

hearing. 502.103 Requirement for bearing. 602.104 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. 602.107 Revocation of notice of intention to

return vested property under the Trading With the Enemy Act, as

amended. 502.108 Return order. 502.109 Final audit. 502.110 Return of vested property.

Subpart C-Debt Claims

502.200 Definitions. 502.201 Procedure for allowance and pay

ment without hearing of claims

against debtors' solvent estates. 602.202 Claims against debtors' insolvent

estates. 502.203 Requirement for hearing. 502.204 Payment of allowed clalma. 502.205 Future payments.

or

(g) The term "claim” refers to a title $ 502.3 Indispensable party. claim or a debt claim and shall include

The Chief of the Claims Section shall the Notice of Claim form, any amendment thereto, and such other material

be, a necessary party in all claims pro

ceedings. as may have been filed by the claimant with respect to the claim.

8 502.4 Appearance. (b) The term “excepted claim” means (a) A claimant may appear in a claim (1) any title claim which involves the proceeding in person or may be reprereturn of assets having a value of $50,000 sented by an agent, attorney in fact or or more, and any debt claim in the at law. A member of a partnership may amount of $50,000 or more; (2) any title represent the partnership; an oficer of claim which the Director finds will, as a a corporation, trust or association may practical matter, control the disposition represent the corporation, trust or assoof related title claims involving, with the ciation, and an officer or employee of a principal claim, assets having a value of federal, state or territorial agency, office $50,000 or more; and any debt claim department may represent the which the Director finds will, as a prac- agency, office or department. tical matter control the disposition of

(b) Any person appearing in a claim related debt claims in the aggregate proceeding in a representative capacity amount, including the principal claim, may be required to file a power of atof $50,000 or more; (3) any title claim or

torney showing his authority to act in debt claim presenting a novel question such capacity. of law or a question of policy which, in the opinion of the Director, should re

8 502.5 Intervention. ceive the personal attention of the At- Any person who claims to have a subtorney General.

stantial interest in a docketed claim pro(1) The term "non-excepted claim" ceeding may file & specification of such shall mean any claim other than an “ex- interest in writing with the Hearing Excepted claim.”

aminer after serving a copy thereof upon (j) The term "claimant” means the the parties. Upon a finding by the Hearperson in whose behalf a claim is filed. ing Examiner that the petitioner has a (k) The term "claim proceeding"

substantial interest which may be admeans the administrative processing of

versely affected by the proceeding he a claim and includes the claim.

may authorize the petitioner to partici(1) The term “parties" includes the

pate in the proceeding upon such conclaimant on the one hand and the Chief

ditions as may be imposed. of the Claims Section on the other. $ 502.6 Forms. (m) The term “vested property"

(a) Claims shall be filed on forms aumeans any property or interest vested

thorized or prescribed by the rules of this in or transferred to the Alien Property

Office. Custodian or the Attorney General of

(b) Subject to the provisions of secthe United States pursuant to the act

tions 33 and 34 of the Trading With the (other than any property or interest so

Enemy Act, as amended, or sections acquired by the United States prior to

208(b) and 210 of the International December 18, 1941), or the net proceeds

Claims Settlement Act of 1949, as thereof.

amended, the Director or the Chief of the (n) The term "filing” means receipt

Claims Section may expressly waive the by the Office or appropriate officer or

requirement of paragraph (a) of this employee thereof.

section. (0) The term “Chief Hearing Examiner” refers to the hearing examiner

§ 502.7 Amendment and withdrawal of

claim. designated as such by the Director. (p) The term "docketed claim” means

(a) Subject to the provisions of sec& claim which has been referred by the tions 33 and 34(b) of the Trading With Director or the Chief of the Claims Sec- the Enemy Act, as amended, or sections tion to the Chief Hearing Examiner for

208(b) and 210 of the International hearing and has been given a docket

1 CROSS REFERENCE: For limitations on repnumber.

representative activities, see $ 505.60 of this (q) The term "hearing” means the

chapter. For powers of attorney see $ 505.1 proceedings upon a docketed claim. (d) of this chapter.

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