The Code of Federal Regulations of the United States of America

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 Allen 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 Allen 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 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

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 Allen 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.

Form APC-25 Royalty-Bearing Copyright License Agreement.

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 11censed 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 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-48 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 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.

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.

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]

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.

502.7

502.8

502.9

Indispensable party.

Appearance.

Intervention.

Amendment and withdrawal of

claim.

Order for hearing.

Designation of Hearing Examiner.

Sec.

Subpart D-General Claims

502.300 General claims.

AUTHORITY: The provisions of this Part 502 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 FR. 5381, 3 CFR, 1946 Supp.; E.O. 9788, Oct. 14, 1946, 11 F.R. 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.

(d) Section 502.300 shall be applicable to all claims other than title and debt claims as defined in § 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.

(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 a 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.

(g) The term "claim" refers to a title claim or a debt claim and shall include the Notice of Claim form, any amendment thereto, and such other material as may have been filed by the claimant with respect to the claim.

(h) The term "excepted claim" means (1) any title claim which involves the return of assets having a value of $50,000 or more, and any debt claim in the amount of $50,000 or more; (2) any title claim which the Director finds will, as a practical matter, control the disposition of related title claims involving, with the principal claim, assets having a value of $50,000 or more; and any debt claim which the Director finds will, as a practical matter control the disposition of related debt claims in the aggregate amount, including the principal claim, of $50,000 or more; (3) any title claim or debt claim presenting a novel question of law or a question of policy which, in the opinion of the Director, should receive the personal attention of the Attorney General.

(1) The term "non-excepted claim" shall mean any claim other than an "excepted claim."

(j) The term "claimant" means the person in whose behalf a claim is filed.

(k) The term "claim proceeding" means the administrative processing of a claim and includes the claim.

(1) The term "parties" includes the claimant on the one hand and the Chief of the Claims Section on the other.

(m) The term "vested property" means any property or interest vested in or transferred to the Alien Property Custodian or the Attorney General of the United States pursuant to the act (other than any property or interest so acquired by the United States prior to December 18, 1941), or the net proceeds thereof.

(n) The term "filing" means receipt by the Office or appropriate officer or employee thereof.

(o) The term "Chief Hearing Examiner" refers to the hearing examiner designated as such by the Director.

(p) The term "docketed claim" means a claim which has been referred by the Director or the Chief of the Claims Section to the Chief Hearing Examiner for hearing and has been given a docket number.

(q) The term "hearing" means the proceedings upon a docketed claim.

§ 502.3 Indispensable party.

The Chief of the Claims Section shall be a necessary party in all claims proceedings.

§ 502.4 Appearance.1

(a) A claimant may appear in a claim proceeding in person or may be represented by an agent, attorney in fact or at law. A member of a partnership may represent the partnership; an officer of a corporation, trust or association may represent the corporation, trust or association, and an officer or employee of a federal, state or territorial agency, office or department may represent the agency, office or department.

(b) Any person appearing in a claim proceeding in a representative capacity may be required to file a power of attorney showing his authority to act in such capacity.

(a) Claims shall be filed on forms authorized or prescribed by the rules of this Office.

(b) Subject to the provisions of sections 33 and 34 of the Trading With the Enemy Act, as amended, or sections 208(b) and 210 of the International Claims Settlement Act of 1949, as amended, the Director or the Chief of the Claims Section may expressly waive the requirement of paragraph (a) of this section.

§ 502.7 Amendment and withdrawal of claim.

(a) Subject to the provisions of sections 33 and 34(b) of the Trading With the Enemy Act, as amended, or sections 208(b) and 210 of the International

1 CROSS REFERENCE: For limitations on reprepresentative activities, see § 505.60 of this chapter. For powers of attorney see § 505.1 (d) of this chapter.

« Înapoi Continuă »

Cărți